Professional Documents
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ORLANDO DIVISION
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UNITED STATES OF AMERICA
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:
Plaintiff
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v.
:
:
EFRAIM DIVEROLI
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:
Defendant.
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. . . . . . . . . . . . . . . ..
Orlando, Florida
August 23, 2010
10:00 A.M.
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APPEARANCES:
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Bishop Ravenel
Cynthia Hawkins
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Marko Cerenko
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25 by computer-aided transcription.
P R O C E E D I N G S
Efraim Diveroli.
Counsel,
MR. RAVENEL:
Bishop
MS. HAWKINS:
Cynthia
MR. CERENKO:
14
THE COURT:
All right.
There's an additional
Also, I understand --
THE COURT:
7 Judge Lenard?
8
MR. RAVENEL:
9 answer to that.
10 set.
I don't know.
11 that violation.
12 judge?
13
MS. HAWKINS:
18 requesting a warrant.
19
THE COURT:
All right.
Other
MR. RAVENEL:
23 cooperating.
MS. HAWKINS:
The
THE COURT:
All right.
MS. HAWKINS:
18
THE COURT:
19
MR. RAVENEL:
That's correct.
Is that a conviction?
Been found guilty, the only case I
He's admitted in
THE COURT:
24 true.
25
MR. RAVENEL:
Right.
I have a
And it
3 found that -- it's the only case I could find reported the
4 decision that found that somebody's been found guilty but
5 not sentenced as a convicted felon.
THE COURT:
MS. HAWKINS:
MR. RAVENEL:
So, they were part of the plea hearing and said he was
19 a convicted felon.
He was adjudicated.
THE COURT:
All right.
2 Ready to proceed?
3
MR. RAVENEL:
Yes, sir.
THE COURT:
MR. RAVENEL:
MR. MCCANN:
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12
I do.
DIRECT EXAMINATION
BY MR. RAVENEL:
13 Q
14 A
Kevin McCann.
15 Q
16 A
17 Explosives in Orlando.
18 Q
19 A
Special Agent.
23 A
1 A
5 A
Yes, I do.
6 Q
7 Diveroli?
8 A
Yes.
9 Q
10 A
Yes.
11 Q
12 A
13 shirt.
14
MR. RAVENEL:
THE COURT:
It does.
BY MR. RAVENEL:
18 Q
Yes.
21 Q
Yes.
25 Q
Yes.
3 Q
And he mentioned to
14 dealing with?
15 A
But
He
25 A
In July of 2010.
1 Q
Yes.
4 Q
Yes.
7 A
8 that time?
9 A
10 Q
No.
What was the status of his federal firearms License at
11 that time?
12 A
13 Q
14 District of Florida?
15 A
Yes.
16 Q
17 of Florida?
18 A
No.
19 Q
20 A
No.
21 Q
22 A
No.
23 Q
Yes.
1 Q
For what?
2 A
3 Q
Yes.
6 Q
7 of Florida?
8 A
9 Q
10 2010?
11 A
Yes.
12 Q
13 transaction?
14 A
Yes.
15 Q
16 A
Yes.
17 Q
18 A
Yes.
19 Q
Yes.
23 Q
24 A
And he
10 A
No.
11 Q
12 A
No.
13 Q
14 gunrunner?
15 A
Yes, he has.
19 A
Yes, he did.
20 Q
21 A
22 Q
23 A
24 Q
25 A
1 Q
Yes.
Yes.
5 Q
6 A
Yes.
7 Q
8 A
Yes.
9 Q
10 A
Mr. Diveroli.
11 Q
14 that day.
15 Q
16 ammunition?
17 A
Yes.
18 Q
19 A
24 Wal-Mart?
25 A
$1,066.58.
1 Q
I'm not
18 A
And it appeared
24 A
25 narcotics.
1 Q
4 Q
Yes.
7 Q
8 hearing?
9 A
Yes.
10 Q
11 A
12 questioning.
13 Q
14 A
Yes.
15 Q
Yes.
18 Q
19 narcotics?
20 A
21 months.
22 Q
24 A
Yes.
25 Q
1 did that day with respect to the handgun and with respect to
2 the firearms?
3 A
Yes.
4 Q
5 A
6 reach into the UC vehicle and handle a .308 rifle, and work
7 the bolt on that rifle several times.
8 Q
17 to Jake?
18 A
Yes.
19 Q
22 ammo sales and the magazine dealings, and that they were in
23 the process of starting up other businesses including
24 advanced Munitions in an attempt to conceal Mr. Diveroli's
25 involvement with those companies and with that activity.
Yes.
7 Q
Yes.
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MR. RAVENEL:
12
THE COURT:
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14
Cross-exam.
CROSS-EXAMINATION
BY MS. HAWKINS:
15 Q
16 A
Good morning.
17 Q
Yes.
20 Q
21 A
22 Q
23 A
Yes.
24 Q
1 A
Yes.
2 Q
6 Q
Yes.
14 Q
Yes.
17 Q
18 was there?
19 A
Right.
There was something taken that day that was not tested
Right.
Thats correct.
4 Q
That is my understanding.
8 Q
12 Q
No.
16 Q
17 A
18 Q
Right.
19 A
20 Q
Okay.
He's -- yeah.
24 Q
1 clean, right?
2 A
So, if
And you didnt -- and you didnt ask the people down in
No.
8 Q
All right.
16 Diveroli, but I do not know for how long he had worked for
17 Mr. Diveroli.
18 Q
So, you really can't say how long his -- the basis of
22 Diveroli, no.
23 Q
1 A
Okay.
My question is,
7 Q
Now, you said that Jake also said that he saw my client
8 on the -- I believe it was the 20th, you said, work the bolt
9 on the rifle?
10 A
Yes.
11 Q
14 Q
But other than that, that was all he did with that
Yes.
21 Q
Okay.
1 A
2 it.
3 Q
Excuse me, but how do you know that, what his intention
4 was?
5 A
And it
Well, he --
9 A
10 Q
11 Isn't that one way you can ensure that a weapon is clear?
12 A
13 Q
Now, a magazine.
20 A
Thats correct.
21 Q
22 A
Thats correct.
23 Q
24 violation?
25 A
No.
1 Q
Very possibly.
4 Q
5 A
It could be.
8 A
Okay.
9 Q
Okay.
Let me rephrase.
No.
13 Q
Did you know that the defendant has been attending his
16 Q
17 A
In Titusville.
18 Q
19 A
20 Q
21 Florida?
22 A
MS. HAWKINS:
THE COURT:
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Any redirect?
REDIRECT EXAMINATION
BY MR. RAVENEL:
4 Q
9 Q
10 A
Yes.
MR. RAVENEL:
THE COURT:
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MR. RAVENEL:
(Inaudible).
MS. ARWADY:
I didn't have a
Our
7 occurred.
8
MS. HAWKINS:
11
THE COURT:
12
MS. HAWKINS:
Sure.
Do you know whether or not those
MS. ARWADY:
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MS. HAWKINS:
16
THE COURT:
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MS. HAWKINS:
Okay.
Thank you.
Ms. Hawkins?
Yes, Your Honor.
THE COURT:
Go ahead.
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MS. HAWKINS:
Ordinarily,
21 I know the Court would look at a situation like this and not
22 grant a bond to the defendant, but there are certain reasons
23 why the Court can fashion a bond in this case.
24
1 Diveroli.
2 other comments.
3
THE COURT:
Go ahead.
MS. HAWKINS:
THE COURT:
MS. HAWKINS:
8 oath.
9
THE COURT:
All right.
10
MS. HAWKINS:
11
MR. DIVEROLI:
Michael Diveroli.
12
MS. HAWKINS:
13
MR. DIVEROLI:
Michael Diveroli.
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MS. HAWKINS:
15
MR. DIVEROLI:
16
MS. HAWKINS:
17
MR. DIVEROLI:
18
MS. HAWKINS:
19 resided in Miami?
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MR. DIVEROLI:
21
MS. HAWKINS:
22
MR. DIVEROLI:
23
MS. HAWKINS:
24 South Florida?
25
MR. DIVEROLI:
Yes.
MS. HAWKINS:
MR. DIVEROLI:
MS. HAWKINS:
Yes.
And you know he has had a few curfew
4 violations?
5
MR. DIVEROLI:
MS. HAWKINS:
Yes.
And would you be willing, even
7 knowing that, to take him into your home, be his third party
8 custodian?
MR. DIVEROLI:
12
MS. HAWKINS:
13
MR. DIVEROLI:
14
MS. HAWKINS:
Yes.
Report it to the Court?
Yes.
And do you know that your son,
MR. DIVEROLI:
18
MS. HAWKINS:
22 on, right?
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MR. DIVEROLI:
24
MS. HAWKINS:
25
MR. DIVEROLI:
Yes.
But you would also report?
Immediately, yes.
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2
MS. HAWKINS:
THE COURT:
MS. HAWKINS:
MR. RAVENEL:
Yes, Sir.
May I
MR. DIVEROLI:
MR. RAVENEL:
Yes, sir.
Sir, if you don't understand
MR. DIVEROLI:
11
MR. RAVENEL:
Please.
You're aware that your son has a
MR. DIVEROLI:
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MR. RAVENEL:
15
MR. DIVEROLI:
16
MR. RAVENEL:
Yes.
Did you report any of those?
I -- he doesnt live with me, sir.
Okay.
17 curfew (inaudible)?
18
MR. DIVEROLI:
Maybe
MR. RAVENEL:
MR. DIVEROLI:
25
MR. RAVENEL:
MR. DIVEROLI:
3 I dont understand.
4
MR. RAVENEL:
Do you
6 understand that?
7
MR. DIVEROLI:
And
8 she's the -- the counsel said that it was October there was
9 a violation, but I have no personal knowledge.
10
MR. RAVENEL:
MR. DIVEROLI:
13
MR. RAVENEL:
14
MR. DIVEROLI:
15 see him.
16
MR. RAVENEL:
MR. DIVEROLI:
19
MR. RAVENEL:
Yes, sir.
Okay.
20 medications?
21
MR. DIVEROLI:
22
MR. RAVENEL:
23
MR. DIVEROLI:
24
MR. RAVENEL:
25
MR. DIVEROLI:
He is under medication.
Yes, sir.
He is on anti-depressant medications?
Thats my understanding.
He's got severe ADD as well?
I dont know exactly what the
1 diagnosis is.
2
3 time.
MR. RAVENEL:
MR. DIVEROLI:
6 impulsive.
7
I would say
MR. RAVENEL:
8 questions.
Okay.
Thank you.
MR. DIVEROLI:
10
MS. HAWKINS:
Thank you.
Your Honor, thats actually the next
11 part I was going to bring up, is that this defendant and the
12 -- and the court system in the Southern District has worked
13 very carefully with the defendant to get him the medications
14 he needs.
MR. CERENKO:
And Pristiq.
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MS. HAWKINS:
And he
He has
3 twice a week.
4
12 him.
13 but it's under control with these medications and he's been
14 extremely helpful to the point where they have given him a
15 five-year count.
Your
1 agents that he did not have any weapons with him, and they
2 said, "That's okay.
3 over to the car and show him -- and he actually just wanted
4 to clear it to make sure there wasn't a round in it.
And
24 These charges may or may not go any further than this week.
25 We dont have any way of knowing that but we -- it will be
They're
5 exculpatory in nature.
6
He's a legitimate
But I do
THE COURT:
Mr. Ravenel?
19
MR. RAVENEL:
THE COURT:
I'll take a
24 look at it.
25
MR. RAVENEL:
This
1 is the (inaudible).
2
MS. HAWKINS:
(Inaudible).
MR. RAVENEL:
4 (inaudible).
Okay.
5 (inaudible).
6
MS. HAWKINS:
Okay.
MR. RAVENEL:
THE COURT:
All right.
MR. RAVENEL:
I believe
You
And the
Primarily, you've
You
17 illegal conduct.
18
Engaged in a fraud
They
He's admitted
But,
20 you know, the best thing for this person right now, today is
21 to keep him in.
So for
6 those reasons, I'd ask the Court to find probable cause and
7 also to find that he should be detained; he's a danger to
8 himself, he's a danger to other people.
MS. HAWKINS:
11 Honor.
Most of
Obviously, the
MR. RAVENEL:
THE COURT:
All right.
MR. RAVENEL:
The evidence of
He is a convicted felon.
THE COURT:
All right.
1 anyway, given his mental health issues and his own history,
2 but that's not for me to say.
3
Question is
13 appropriate medication.
14
We're on recess.
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C E R T I F I C A T E
I certify that the foregoing is a correct transcript
s\Sandra K. Tremel