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U.S. vs. Jones 5-16-16
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Transcript of U.S. vs. Jones 5-16-16
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THE CLERK: 14 CR 155-1, United States vs. Toby
Jones.
* * * * *
THE COURT: Mr. Jones, is there anything you would
like to say to the Court, sir, before I impose sentence?
THE DEFENDANT: Yes, ma'am.
Being that -- being that -- first of all, good
morning, everyone. Your Honor, Joe, Miss with the pretty
glasses in front of me -- sorry, I don't know your name --
marshals, prosecutor, my attorney David Weisman, Special Agent
Labno, and to all my family.
Being that I'm about to receive a fairly extensive
amount of time, my letter is exceptionally long. So, I ask
the Court to bear with me.
THE COURT: Take your time, Mr. Jones.
THE DEFENDANT: All right.
First and foremost, Judge, let me add that based on
my co-defendant and brother Kelsey Jones' current mental and
physical state, I know that he won't be able to express
himself at sentencing the way I am; and, I'm hoping this
Honorable Court takes my letter and apologies upon this Court,
as well as the character letters from my family members, in
consideration for my brother, as well, upon his sentencing.
I would like to apologize to my family members for
taking them through this once again. And I thank them for
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being here today in support of me and my brother Kelsey. As I
end this letter, I will extend my apology towards you all for
my disappointment in general.
Before I apologize to my community, as well as this
Court, for my general conduct and wasting the taxpayers'
hard-earned money, I would just like to add that even though I
respectfully disagree with the Court's conclusion, I am very
grateful that this Honorable Court has been fair with me
throughout this entire process. Thank you, your Honor.
Growing up on the west side of Chicago, as a kid my
mother and father struggled dearly. And even though they
worked most of their lives, their jobs paid such low wages
that there was still times that their checks couldn't cover
basic rent and keep food on the table at the same time. As a
result of that, we were evicted a number of times and had to
go stay with family members until we got back on our feet.
It was very hard to watch my parents struggle. And
as a result of providing for his family, I watched my father
deal drugs. Even though he didn't do it flamboyantly, we all
knew. At such a young age in my life, I didn't know selling
drugs was wrong until I got older because the first person I
ever seen selling drugs was my father and not the local gang
members, who I joined years later. And in my eyes, my father
was my hero and he couldn't do no wrong.
So, as I got older and continued to watch my family
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struggle, I began to sell drugs just to help out around the
house. And this became my motivation to make such a bad
decision.
Since gangs ruled my community, we had to be
associated with them just to be able to sell drugs in this
rough neighborhood. And we were picked on and bullied before
ever joining them. So, as a result that we could help our
parents out if we sold drugs motivated me and my brother
Kelsey Jones to join a gang.
Fear also played a very big role. And that's what I
did: Began to -- and that's what we did: Began to help our
parents out with just everyday struggles.
As kids, me and my brother Kelsey did miscellaneous
jobs, such as carry groceries, rake yards and shovel snow.
But this didn't help at all. All we knew was that our father
sold drugs to put food on the table. So, we began to mimic
that lifestyle.
And as I continue to state what my father did to feed
his family, for the record, can't nothing ever justify the
selling of drugs and ruining lives. So, please don't think
that I'm using it as an excuse. It's just I was tired of
being hungry and getting evicted. So, please forgive me.
But in my neighborhood, you were more likely to get
jacked or robbed coming from work in a McDonald's uniform.
So, for that reason alone -- so, for that reason alone, the
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fear to go that -- so, for them, there was fear to go that
route. And all I wanted to do was survive. And that also
played a very big role in my decision making.
The government's sentencing memorandum, the
government states that I reported being frequently evicted but
haven't produced any evidence to prove it. But such questions
were never asked. And these were embarrassing moments in my
parents' life, which I never want to revisit. So, of course,
they were not mentioned. But just because they were not
mentioned, that doesn't mean it's not true. And my auntie,
Lula Covington, a retired Chicago teacher's character letter,
she shares a time when my parents had to live with her during
one of these struggling times.
In 1996, my older brother and co-defendant Kelsey
Jones was the victim of a robbery gone bad and was shot nine
times, including once in the head, which has left him
permanently disabled. As a result of this, he's been
supported by Social Security for the last 20 years.
Three years later, in 1999, my father was diagnosed
with cancer and passed away that year leaving me with two
disabled brothers; the other, Phillip Jones, being born with
Down Syndrome that's in the care of my Auntie Pat and Aunt
Lula, who I thank dearly.
A struggling diabetic mother and a drug addict sister
whose son fell victim to a drive-by shooting at the age of 13
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as a stray bullet meant for a local gang member struck him as
he played on my mother's front porch. And this was nothing me
nor my brother Kelsey was involved in. Neither of us were
around at this time. Nor was my nephew ever involved with any
gangs or drugs. It's just that these were the only places we
could afford to live. As a result of my nephew's passing, the
stress was just too much for my sister and years later she,
herself, passed away from a drug overdose.
At the age of 14, my first child was born into this
world. Three years later, my first son was born. At the age
of 7 -- at the age of 17, I had two children that I was
determined to take care of. And watching my parents struggle
in this way, I made bad decisions just to give my children a
better life than I had. I never wanted them to ever witness
being hungry or evicted. So, once again, I apologize to my
community and this Honorable Court for my bad decisions to
sell drugs.
Growing up on the west side of Chicago as teenagers,
we also had to deal with corrupt police officers who
constantly harassed, threatened and extorted us. In the
government's sentencing memorandum, Page 9, they refer to a
1994 firearms conviction, which I would like to add -- not
that it matters because even one is too much, but this is the
only firearms conviction I ever had in my life.
And, for the record, this particular arrest was
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executed by then-corrupt CPD officer Edward "Pacman" Jackson,
Badge No. 9750, who is currently serving time in federal
prison for criminal charges of extortion dating back to my '94
arrest and further, as well as his partner, CPD corrupt
officer T.C. McCoy, II, Badge No. 17301, who was Jackson's
co-defendant -- who was Officer Jackson's co-defendant -- and
also his partner during my 1994 arrest.
The proof of my interactions with these crooked CPD
officers lies in my possession as I stand here today. City of
Chicago Police Department criminal history report of Toby
Jones, Page 8, see both arresting officers' names and badge
numbers as they execute this 1994 arrest of me, in which I
continue to maintain my innocence being that these officers
constantly targeted, extorted and harassed the gang in which I
was involved with at that time.
So, on top of the gangs, we also had to abide by the
rules of these corrupt officers, as well. These were very
scary times, and me and my brothers just wanted to survive. A
lot of times when we disobeyed these cops, they gave us cases
and sent us to prison, which leads me to my next topic:
Are all officers and agents bad people? And my
answer is no. Just because I've had run-ins with a few bad
seeds doesn't mean they're all bad. Even with all the latest
police shootings on minorities in Chicago, I don't blame these
cops one bit for most of their decisions in the field. And
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the black community has to first come to grips with why these
cops are so afraid. I know why. Because it's really a war
zone out there. Chiraq is what these youngsters call it now.
And just as these officers have actually served time
on the battlefield in Iraq, their main focus is to make it
home. And that's all these officers want to do in the mean
streets of Chiraq, is make it home. They just want to make it
home to their wife, their kids, their mothers.
So, once the black community realizes this and come
to grips that it's not these cops, it's us, then -- and only
then -- will their eyes finally open to this important matter.
But instead, the only worry I see from the black community
when a cop kills a black kid is how much money they're going
to sue the city for, instead of mourning their child and
figuring out how they're going to keep their remaining
children from suffering the same fate. And this type of
thinking is one of the main problems in the black community.
One prime example of these officers just wanting to
make it home, in my attempt to gather dirt on Special Agent
Labno, I came across one of his old cases, United States vs.
Jefferson, which Special Agent Labno worked as a undercover
agent and had a gun put to his face as these suspects robbed
him for his cash. So, I can't blame Special Agent Labno for
jumping out of his vehicle, drawing his weapon and firing at
these suspects as they ran away with his cash. Special Agent
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Labno just wanted to make it back home to his family.
So, if these -- so, if those individuals never
apologized to you, Special Agent Labno, I apologize for them.
Sorry for putting you in a position that your life could have
been taken or you could have taken someone else's.
These are the stories of these heroic officers that
go untold. But as soon as a black kid gets shot, everyone is
in a uproar.
Even though I disagree with most of Special Agent
Labno's unconstitutional tactics, such as his reports and
theories of the truth, and even though he failed to
investigate others that had knowledge, intent, motive, and
opportunity to commit these crimes me and my brother are
accused of, overall I think Special Agent Labno is one of the
hardest-working agents I've ever encountered. This dude is
like RoboCop. He never stops. Sometimes he's right.
Sometimes he's wrong. But this agent's job is to save lives.
And from my impression of him, that's what he do.
Thank you, Special Agent Labno.
I know and understand that this Court can't believe
that this is coming from me based on what I've been convicted
of. But as I previously stated, that even though I
respectfully disagree with the Court's conclusion, I am, once
again, very grateful this Honorable Court has been fair
throughout this entire process. And I'll continue to pray
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that my truth be brought to light some day. I know, my family
knows that I'm not this monster wreaking havoc on this city
that the government has made me out to be.
Weeks before trial, the government informed my
attorney that they were willing to drop my attempted murder
charge if I agreed to plead out to the firearms that my
co-defendant purchased. Because the government knew in their
hearts that I didn't shoot this person. When I said no, my
attorney informed me that if I'm found guilty on all charges,
the less I could get is 40 years. And my answer -- and my
answer to my attorney -- was I don't care. My attorney then
told me that he don't ever want to hear me say that ever again
because I do care. And he was right. I do care.
So, to my attorney, Mr. Weisman, I apologize for that
outburst.
I know I'm a bad person for the part that I've played
helping to destroy my community with selling drugs. And, once
again, please forgive me for the bad decisions I've made.
Chiraq. As a result of the violence in Chicago right
now, I know that I'm about to receive a substantial amount of
time for the role I've played as a drug dealer plaguing these
communities for so many years. But the name "Chiraq" was
adopted not long ago. By who? These Chicago teenagers and
individuals in their early 20s. It's such a stupid thing for
these kids to compare this great city to an actual war zone
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where soldiers have lost their lives fighting for this great
country. For these kids to continue to compare this city to
Iraq is totally absurd. And I can honestly say that I don't
think these Ecstasy -- these Ecstasy-induced kids even
understand the nature of what they're saying. And with my
father being an ex-Army veteran, I'm very disappointed with
the adoption of this nickname upon this great city.
They really don't understand the comparison. But on
the flip side, I don't think no one is trying to teach them
the importance of it neither.
With that said, us as oldest individuals have
absolutely no control over these kids anymore. And despite
what everyone thinks and their theory that we do, I'm here to
say that those days of the old Chicago where the gang leaders
-- not saying that I'm gang leader, but those days when gang
leaders actually did have control over these youngsters are
long gone -- are long gone. Now this is the new Chicago a/k/a
Chiraq, where these kids listen no one but themselves.
The government's sentencing memorandum, Page 1, the
government states that I recruited Wesley Fields, an 18-
year-old kid. An 18-year-old kid that admitted he was dealing
drugs way before he ever met me. Well, I would like to
comment on this 18-year-old kid that I allegedly possessed so
much power and control over.
During trial, the government pointed at me and called
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me a gun enthusiast, in which I totally disagree. As I stated
earlier, how am I a gun enthusiast when the only conviction --
when the only gun conviction -- I have was over 20 years ago,
with that arrest being executed by a corrupt police officer?
And 20 years ago seems to be dated too far in time to show a
significant pattern of conduct involving firearms.
So, to call me a gun enthusiast, something I was
never predisposed to, without ever being convicted of any
violence seemed to be farfetched. I mean, don't get me wrong,
even one firearm conviction is one too many. But my life and
criminal history is far from a gun enthusiast.
How am I the gun enthusiast when it's my
co-defendant, this very same 18-year-old kid, Wesley Fields,
that I allegedly had so much power and control over, that
admitted right here in this court that he's been posted on
every social media network you can find in photos and videos
with firearms and bulletproof vests? He admitted this. But
where am I in these photos and videos? Nowhere to be found.
And it's so ironic that one of these photos, this
same 18-year-old kid, Wesley Fields, is posing with a replica
of the exact same silver and black Ruger P95 9 X 19, that he
says my brother Kelsey Jones allegedly showed him, which also
seems to be the alleged weapon the informant was shot with.
And this is no theory or speculation because, as I
stand here before you today, I am in possession of these
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photos. Why my brother's attorney didn't bring this up, who
knows? All I know is this: This 18-year-old kid that I
allegedly had so much -- so much control over is a liar.
When this 18-year-old kid was granted bond, where was
I? Incarcerated.
When this 18-year-old kid looked this Court in the
face and promised that he was going to abide by the
stipulations of his bond, got out and broke every last one of
those stipulations, where was I? Incarcerated.
When this 18-year-old -- when this 18-year-old kid
was remanded back to custody, where was I? In cust- --
incarcerated.
With that said, who is to blame for pulling this
18-year-old kid's strings when I was incarcerated? I know
who. This 18-year-old kid. That's who. A individual who
couldn't wait to get back to Chiraq and continue to raise
havoc on this city. And that's what he did.
This 18-year-old kid -- this 18-year-old liar, Wesley
Fields, couldn't stay out of trouble with an electric monitor
strapped to his ankle. So, I can imagine the havoc he'll
raise when he's released. And where will I be? Still
incarcerated.
This kid couldn't wait to get out then, and he can't
wait to get out now. And the only person in control of this
18-year-old kid, Wesley Fields, is himself. And his previous
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actions have proven that. And his actions speak for
themselves.
(Defendant confers with his attorney off the record.)
THE DEFENDANT: So, for the government to continue to
say that I had so much power and control over this 18-year-old
kid, I'm sorry, but I totally disagree.
Upon my release from federal prison in 2009, my
probation officer ordered me to get a job. Not complying
would have resulted in a violation, so I did. I began to work
for a local livery service, as I reported all my documents and
credentials to my probation officers who documented these
records into the probation officer's system, as my probation
officer accepted this and confirmed that this would do until I
found something better.
Three-and-a-half years later I was ordered to change
jobs by my P.O., Bobbie Pruitt, and had to start working at a
local barbershop -- and had to start working at a local
barbershop.
Upon my release -- wait. I had to start working at
the local barbershop because a client called for a cab and got
into my vehicle with a rolled-up marijuana stick, which I paid
no attention to because this client was in the backseat. The
cops pulled me over and mistakenly arrested me as being
involved with this client. The charges were later dropped
when the officer testified on my behalf when I later proved my
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employment.
Upon my release in 2009 from federal prison, I never
had not one dirty drop in my entire five-year period, as I was
discharged prior to catching this current case. This was --
this was -- never any reports -- there was never any reports
of me ever getting in trouble until two-and-a-half years after
my release, when the cop mistakenly identified me as another
black male that they were looking for as I exited a local
store in my community, which in this case, the charges were
also -- were also -- dropped as I proved my innocence.
(Defendant confers with his attorney off the record.)
THE DEFENDANT: As I turn to why I got back involved
with drugs after my 2009 release from federal prison, while
serving time at FCI Loretto, Pennsylvania, I received my GED,
as well as became a certified solderer, as I became a lead and
a supervisor in the prison's Unicor factory, in which we build
electrical cables for the entire United States military.
As I previously stated, my father passed in 2009. A
year later, in 2000, my nephew was gunned down at the age of
13. While I was in federal prison, 2007, his mother, my
sister, passed away.
The very next year, in 2008, while I was still in
prison, my mother passed away. Three days before the passing
of my mother, the chaplain of the prison, Sister Mary, allowed
me to call her hospital -- her hospital room. My mother
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informed me that she was not going to make it and told me to
stay strong. The last thing she said was, son, take care of
your brothers. I told her -- I told her -- that no matter
what, that I'm proud and I'm proud of you, mom, and I promise
-- and I promised her I was always gonna take care of my
brothers. And I promised her I was always gonna take care of
my brothers. This was the last time I spoke to my mother.
Three days later she was gone.
Upon my release from federal prison 2009, all I had
left was two disabled brothers, that I promised my mother I'd
look after; a 15-year-old daughter who had just given birth to
a baby girl the very year of my release that had absolutely no
help or support from her mother, making me a grandfather at
the young age of 31. The first thing I told my daughter was
we're going to be all right.
The government speculates that I immediately got back
involved with drugs upon my release, which I totally -- which
I totally disagree. After nearly four years of working such
low-paying jobs -- such low wage-paying jobs, which were the
only ones that would hire me, things got very bad for me and
my family. Once again, my daughter fell out with her mother,
forcing her mother to kick her and her daughter out.
Along with all the problems I currently had, such as
bills con- -- bills and rent constantly rolling around, I was
then -- it was then, and only then, that I decided to make the
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houses, property, and so forth. I couldn't even afford to pay
an attorney to defend me. What I did, your Honor, I did it to
survive, once again, in the mean streets of Chicago.
From my experience with the criminal justice system,
as for the Illinois state prisons, I truthfully don't have
anything good to say as far as their rehabilitation and
preparing inmates for release back to society. But I can
honestly say that the Federal Bureau of Prisons does a very
good job in the way they rehabilitate inmates during
pre-release and preparing them for society. And I plan to
take advantage of the great programs and trades, just as I did
before, in hopes of making myself a better person.
As I prepare for closing, the government continues to
allege and speculate through impeached witnesses' testimony
that I -- that this Austin apartment was used as a stash
house. And I know that -- that -- that this was -- was just
settled, but I had something wrote and I would like to speak
about it.
The government -- the government -- mainly continues
to refer to my co-defendant and brother Kelsey Jones' alleged
post-arrest -- alleged post-arrest statement as verification
of these speculations to be true. Why Kelsey's attorney chose
to withdraw his motion that would have challenged this alleged
statement continues to have me and my brother Kelsey confused.
I know that it's not my place, but I would just like
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to add if Kelsey allegedly admitted all this on April the 5th,
2014, the day of his arrest, why wasn't Kelsey indicted just
two weeks later on April the 22nd, 2014, alongside me, Wesley
Fields and my other co-defendant Parashun Roscoe?
Kelsey wasn't indicted until three months after his
arrest, which makes it very difficult for me to believe
Special Agent Labno's report -- that wasn't submitted until
four months after Kelsey's arrest -- that Kelsey allegedly
admitted such things. But, once again, I respectfully thank
this Honorable Court for being fair with me and my brother
Kelsey throughout this entire process.
In closing, I would like to thank my family and
friends -- family and friends -- for all their support. My
fiance Sheree, thank you for always being there for me in the
good and the bad. I'm forever grateful.
My Aunt Lula and Auntie Pat, for continuing to care
for my brother Bill, thank you. I'm forever in your debt.
To my brother Bill, sorry I let you down, little bro.
But I promise I'll never stop fighting to make it back to you
as soon as I possibly can.
To my son, Sheree, tell my son I said please go to
Atlanta -- please go to Atlanta with you. Chicago is a very
bad place. There's nothing here for him. You have a son
yourself now. Look at your dad. I let you down. Don't let
him down. I will probably spend the rest of my life in
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prison. Son, get out. Go with your mother. Tell him I said
this, Sheree.
Please -- wait, wait, wait.
To my daughter and granddaughter, sorry I let you
down. But just know one thing. Your dad would never stop
fighting to make it back to you guys. I love you dearly. And
please tell my nephew Tion I send love. And tell him I said
stay strong, stay alive and just survive.
To all the members of my family that's passed away,
my father Sam Jones, my sister Regina Jones, my nephew Martin
Jones, and last, but not least, the greatest mother in the
world, Dorothy Jones, sorry, mom, for letting you down and not
being able to keep my promise. I tried, mom. But it just
wasn't hard enough and it definitely wasn't the right way.
And I apologize to you, mom, to this Honorable Court and my
community, once again, for the bad decisions and choices I
have made to place me here. Please forgive me.
To my attorney, Dave Weisman, Mr. Weisman, it's truly
been an honor and a privilege to have been represented by such
a great attorney and person in general. You believed in me to
the very end, and I'm very grateful of the way you helped me
fight for my life. I know you're upset because we lost, but
I'm here to tell you, Mr. Weisman, that we didn't lose. It's
because of you that I am in such a great position for my truth
to be told some day. And by the grace of God, I know it will.
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And some day, when you look down from your judge's seat -- by
the way, congratulations for being elected to be a judge --
you will be proud some day that my truth has finally been
told.
Respectfully -- respectfully -- I thank the Court now
for both of us for being fair to us this entire process. I
say "us" because we worked together. It was never a one-sided
conversation like I went through with my first two attorneys.
You talk to me, not at me. You talk to me, not at me. And I
really want to thank you.
And I really want to thank you, your Honor, for
bringing this great man and person into my life.
I learned so much from you, Mr. Weisman. And, once
again, I do care. And I promise whether I spend the rest of
my life in here or fortunately be released some day, I promise
that your knowledge and wisdom will not go in vain. I will
pass it down to my children's children. Thank you, Mr. Dave
Weisman.
To the prosecution team, assistant United States
attorneys Sean Franzblau and Brian Hayes, Mr. Hayes, you are a
great prosecutor, but, Mr. Franzblau, you're an amazing
prosecutor. Your presence and delivery and art in this
courtroom is astounding. The way you capture the people is
amazing. I mean, every time you took the floor, I thought I
was actually watching an episode of Law and Order.
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But don't get ahead of yourself. You're not better
than my attorney Mr. Weisman. I hope I didn't just start a
feud there.
But, Mr. Franzblau, you really do have a promising
future ahead of you. And some day I hope to hear that you are
elected to judge, as well. Sorry, I just had to throw that
in.
And I know that it's your job to make me seem
insincere and as bad as I possibly can, but that's your job.
And that's what us criminals have to understand. That's what
you get paid for. So, please continue to do your job,
Mr. Franzblau and Mr. Hayes. Because if there is one thing
I've learned from my recent drug rehabilitation class from my
teacher is that I shouldn't have never put myself here in the
first place. So, whatever is said about me is my fault and my
fault only. I take full responsibility.
But in my heart, I know, my family knows, my mother
in heaven knows that I am not this monster. I am Toby Jones,
a man. A man that all he wanted to ever do was take care of
his family. And in this man's eyes, that's all this man did.
And that's all I have to say, your Honor, but I would
just like to just freestyle a little bit. Your Honor, I would
just like to say that I know the role I played in society, and
I know that I'm a bad person. But the teaching that I can
give to my kids, my grandkids upon my release is overwhelming.
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And, your Honor, I honestly want to say to you that I
don't want to spend the rest of my life in prison; as I told
my attorney, that I do care. And, your Honor, I don't -- I
don't -- want to spend the rest of my life in prison. I know,
as I stated, that even though I disagreed with the Court's
conclusion, but I'm very grateful, your Honor, of the fair
trial you've given me and my brother throughout this entire
process. Thank you.
And last, but not least, I would just ask the Court
if there is anything y'all -- anybody wants to ask me -- you,
your Honor, the prosecutor, my lawyer, Special Agent Labno --
you know, if there's any questions y'all have to ask me, you
know, about whatever, I'm willing to answer those questions.
And that's all, your Honor.
THE COURT: Thank you, Mr. Jones.
THE DEFENDANT: Yes, ma'am.
* * * * *
I certify that the foregoing is a correct excerpt from therecord of proceedings in the above-entitled matter.
/s/ Joseph Rickhoff May 18, 2016Official Court Reporter