00p

r 1 STATE OF MICHIGAN

2 IN THE 14TH CIRCUIT COURT

4 PEOPLE OF THE STATE OF MICHIGAN,

HON. TIMOTHY G. HICKS
5v
File No. 08—56761—FH
6
SCOTT BENNETT HARRIS,
7 Defendant.
__________________________________________________________/
8

9 SENTENCE HEARING

10 BEFORE THE HONORABLE TIMOTHY G. HICKS, CIRCUIT JUDGE

11 Muskegon, Michigan — Monday, December 8, 2008

12

13 APPEARANCES:

14 For the People: MR. JAMES L. CORBETT, P—59312

Assistant Prosecuting Attorney
15 Michael E. Kobza Hall of Justice
990 Terrace Street, Fifth Floor
16 Muskegon, MI 49442
(231) 724—6435
17

18 For the Defendant: MR. FREDRIC F. BALGOOYEN, P-10386

Balgooyen Law Offices, P.C.
19 801 West Norton Avenue
Muskegon, MI 49441

ECEIVED
20 (231) 733—2566

21

22 JAN J 5 2009

23 APPELLATE DEFENDER OFFICE

24 TRANSCRIBED BY: SUSAN K. PATELSKI (CER—6368)
Certified Electronic Recorder
25 (231) 724—6337

SUSAN K. PATELSKI, CER-6368

OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN
(Video Tape No. 2008—87, 12/08/08, 1:47 p.m.)
 1 TABLE OF CONTENTS

3 WITNESSES: PEOPLE

4 None.

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WITNESSES: DEFENDANT
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None.
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10 EXHIBITS:

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SUSAN K. PATELSKI, CER-6368

OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN
(Video Tape No. 2008—87, 12/08/08, 1:47 p.m.) 2
 1 Muskegon, Michigan

2 Monday, December 8, 2008 at 1:47 p.m.

3 Video Tape No. 2008—87

4 THE COURT: Sir, are you Scott Harris?

5 THE DEFENDANT: Yes, Sir.

6 THE COURT: What is your date of birth?

7 THE DEFENDANT: 9/8/64.

8 THE COURT: Thank you. Mr. Balgooyen represents

9 him; Mr. Corbett represents the People.

10 Gentlemen, there is a Cobbs commitment here that is

11 a little bit confusing. I guess I didnt write good enough

12 notes. So lets start by talking about money.

13 Mr. Balgooyen, has your client paid any sums between

14 his plea and now, toward the arrears?

15 THE DEFENDANT: No, Sir, I havent.

16 THE COURT: Mr. Corbett?

17 MR. CORBETT: Your Honor, my understanding, from Mr.

18 Curtiss notes, were if he paid $3,000, sentence would be

19 pushed back to May. I was made aware he only had $1,500 last

20 week, and he had not been paying his normal payments. So I

21 did not agree with what—— You know I said I couldnt agree

22 with the Cobbs commitment so——

23 THE COURT: All right.

24 MR. CORBETT: Thats where were at. I do have

25 changes to the guidelines, and the victim would like to speak

SUSAN K. PATELSKI, CER-6368

OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN
(Video Tape No. 2008—87, 12/08/08, 1:47 p.m.) 3
r 1 to the court.

2 THE COURT: Very well. Mr. Balgooyen, any

3 preliminary matters?

4 MR. BALGOOYEN: Well, your Honor, hes come up here

5 voluntarily, albeit because the court asked him to. But he

6 has traveled here from Key West. He was in Key West, and that

7 is where he was residing when he was originally contacted by

8 the prosecutors office. He surrendered himself at the

9 prosecutors officer here at his own expense. It wasnt

10 necessary to return him. He has returned here today without

11 any threat of arrest, although I did tell him he needed to be

12 here.
13 He does have some work history, but he has had to

14 stay up here for two months before he pleaded. And then he

15 went back to try to get to work, and he did have some work.

16 He did have some cash to pay, but couldnt get the whole

17 amount. And still believes that if he were allowed to remain

18 out of incarceration here, that he would be able to raise a

19 substantial sum if not—— I think the number was $8,000. I

20 dont have it in front of me as I speak. But he still thinks

21 he can raise that if he has the largess of the court to go

22 back.

23 Of course the guidelines are very high because of a

24 record from long ago. It seems to me hes past that, and he

25 has ability to work and earn. Although he hasnt——

SUSAN K. PATELSKI, CER-6368

OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN
(Video Tape No. 2008—87, 12/08/08, 1:47 p.m.) 4
__ 1 THE COURT: There are some big health problems,

2 though, arent there, Mr. Balgooyen?

3 MR. BALGOOYEN: He has a bad back. Yes, he does

4 have health problems.

5 THE COURT: How long have you had those health

6 problems, Mr. Harris, with your back at least?

7 THE DEFENDANT: My back, thats been going on for

8 ten years.

9 MR. BAL000YEN: And he also has heart problems. But

10 the guidelines are very high because of his past record, and I

11 think it kind of defeats the purpose of what this is all

12 about.

13 He has shown his wanting to try to comply, and I

14 think he can. This isnt one of the larger balances Ive seen

15 in these cases. He is indigent and was determined to be

16 indigent by the court below when counsel was appointed for

17 him.

18 THE COURT: All right. Thank you, sir.

19 Mr. Harris, have you read the report?

20 THE DEFENDANT: Yes, I have.

21 THE COURT: Do you have any additions or

22 corrections?

23 THE DEFENDANT: No, Sir.

24 THE COURT: Is there anything else you would like to

25 say?

SUSAN K. PATELSKI, CER-6368

OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN
(Video Tape No. 2008—87, 12/08/08, 1:47 p.m.) 5
 1 THE DEFENDANT: No, Sir.

2 THE COURT: All right. All right. Lets see if we

3 can get some loose ends tidied up.

4 Mr. Corbett, you had some guidelines issues?

5 MR. CORBETT: Yes, your Honor. At OV 9 I believe it

6 should score 10 points. There are multiple children in this

7 case. That would change the total to 15, level 2, and the

8 guidelines to 12 to 48.

9 THE COURT: Do you have two children here, Mr.

10 Balgooyen, affected in this file?

11 MR. BALGOOYEN: Yes.

12 THE DEFENDANT: Two children, yes.

13 THE COURT: All right. So Mr. Corbett is right

14 then. OV 9 becomes 10. The total is 15. The level is 2.

15 And the range is what, Mr. Corbett?

16 MR. CORBETT: 12 to 48.

17 THE COURT: 12 to 48. All right. Mr. Corbett, any

18 other guidelines issues?

19 MR. CORBETT: No.

20 THE COURT: All right. Before I hear from you then,

21 why dont we hear from the victim now.

22 MR. CORBETT: Ms. Harris.

23 THE COURT: Mr. Harris, could you step around here

24 to Mr. Balgooyens right, please.

25 DEPUTY: Step over here, sir.

SUSAN K. PATELSKI, CER-6368

OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN
(Video Tape No. 2008—87, 12/08/08, 1:47 p.m.) 6
r 1 MS. HARRIS: My name is Lavonne Harris. Mr. Harris

2 has stated to me numerous times, in multiple phone

3 conversations, that I will never see another dime from him

4 regarding our two children.

5 When Ive called to ask him for help when our son

6 had a broken hand for medical issues, I had—— My insurance

7 didnt cover some of the special needs that he had. I

8 couldnt get any help. He told me Id never see anything else

9 from him.

10 I struggle every single day to feed my kids, to put

11 clothes on their back. I work full time. I work all of the

12 overtime that I possibly can. I supply for my kids the best

~ 13 that. I possibly can. My son dont even have winter apparel

14 this year, because I cant afford it, because I cant get any

15 help from their father. He has had absolutely no contact with

16 them in a year and a half.

17 THE COURT: He says hes got a lot of health

18 problems, back problems, and things like that. Have you seen

19 those?

20 MS. HARRIS: The only health problems that he has

21 is-— He does have an issue with his back. According to his

22 heart, he has—- When he and I were together, he had nothing

23 wrong with his heart. So where the heart issue is coming

24 from, I dont know. He has an addiction problem to alcohol

25 and drugs, is what he has.

SUSAN K. PATELSKI, CER-6368

OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN
(Video Tape No. 2008—87, 12/08/08, 1:47 p.m.) 7
 1 THE COURT; All right.

2 MS. HARRIS: He has a problem with working. He has

3 other children that he did the exact same thing to. He

4 wouldnt pay child support. So they were, therefore, adopted

5 out, with the agreement that all back child support would be

6 dropped.

7 THE COURT: If he remains out on probation, how

8 likely is it that youre going to get any money, you think?

9 MS. HARRIS: Slim to none.

10 THE COURT: All right. Anything else you want me to

11 know?

12 MS. HARRIS: No, Sir.

13 THE COURT: Thank you, maam.

14 All right. Mr. Balgooyen, lets have you and Mr.

15 Harris come back.

16 Gentlemen, I think the face sheet under plea

17 agreement should say this, which is my recollection of the

18 agreement here. If $3,000 paid toward arrears, delay sentence

19 until May; no jail if $8,000 paid.

20 Mr. Balgooyen, is that what your notes reflect?

21 MR. BALGOOYEN: Thats my recollection, your Honor.

22 THE COURT: Mr. Corbett?

23 MR. CORBETT: Correct.

24 THE COURT: Now, Mr. Balgooyen, my notes dont show

25 any ultimate plan three that if your client failed to pay that

SUSAN K. PATELSKI, CER-6368

OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN
(Video Tape No. 2008—87, 12/08/08, 1:47 p.m.) 8
r 1 that hed have a Cobbs capped at such or such. I think we

2 considered those two options, but nothing else.

3 Mr. Corbett, same question? I dont see a plan

4 three.

5 MR. CORBETT: No.

6 THE COURT: All right.

7 MR. CORBETT: (inaudible comment)

8 THE COURT: I thought we had plan one and plan two,

9 and that was the end of it.

10 THE DEFENDANT: Your Honor, may I say something?

11 THE COURT: Well hold on. Let me finish with Mr.

12 Balgooyen. Mr. Balgooyen, anything else?

~ 13 MR. BALGOOYEN: No, I dont have anything further,

14 your Honor.

15 THE COURT: All right. Mr. Harris, briefly?

16 THE DEFENDANT: I would like to respond to something

17 she said.

18 THE COURT: Well Ive given you a chance to speak

19 already.

20 THE DEFENDANT: Okay.

21 THE COURT: Ill give you, you know, one more bit.

22 I dont want to go back into the whole marriage. But go

23 ahead. Ill have a couple comments.

24 THE DEFENDANT: All right. Well when shes saying I

25 that havent paid support, thats not true. Its just over

SUSAN K. PATELSKI, CER-6368

OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN
(Video Tape No. 2008—87, 12/08/08, 1:47 p.m.) 9
 1 the last year since Ive lost my job that Ive had a hard

2 time. But its always been paid since the divorce.

3 THE COURT: This arrear is not as high as I

4 sometimes see.

5 THE DEFENDANT: I dont even know where all the

6 arrears came from. I mean there was arrears when my divorce

7 finalized.

8 THE COURT: All right. Thank you.

9 Mr. Corbett?

10 MR. CORBETT: One moment.

11 THE COURT: Sure.

12 MR. CORBETT: Your Honor, my understanding is he was

13 supposed to have $1,500. Whether he still has it or not, it

14 hasnt been mentioned today.

15 His guidelines are 12 to 48. He has six prior drunk

16 driving convictions, one disorderly. So that somewhat leads

17 to the victim—- Ms. Harriss statement of addiction of alcohol

18 and some justification to that. He has four prior felonies:

19 burglary, two OUIL thirds, and a flee and elude.

20 He has not paid since 2007 at all. These kids

21 deserve to be supported. We gave him an opportunity, he did

22 not take advantage of that opportunity.

23 Im not sure where the court wants to go giving him

24 chance or not on probation. Jail time is definitely required

25 and expected—— both myself and the vic. He had an opportunity

SUSAN K. PATELSKI, CER-6368

OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN
(Video Tape No. 2008—87, 12/08/08, 1:47 p.m.) 10
 1 to deal with this and has not dealt with it. Im asking you

2 to at least put him in jail and order him to pay $12,781.39.

3 THE COURT: Gentlemen, thank you.

4 Mr. Harris, Im sending you to the Michigan

5 Department of Corrections for a period of 15 months to 15

6 years. I dont do this that often in child support cases, but

7 this is one that I think deserves it. You come to the court

8 here today with a lot of criminal history beyond just this.

9 You havent made any payments in quite some time. The

10 guidelines are up there, and they allow for this.

11 We have given you plenty of time to work these

12 things out. Usually I sentence people about a month after we

13 take their plea. I took your plea in September of this year.

14 Ive given you about two and a half months to this point. I

15 promised some more, you have not taken advantage of that.

16 Assessments: $60 each state costs and crime victims

17 rights fund, court costs of $500, restitution $12,781.39.

18 Mr. Harris, you are entitled to file an application

19 for leave to appeal these proceedings. If you are financially

20 unable to retain an attorney, you may request the appointment

21 of an attorney to represent you on appeal. This request for

22 an attorney must be made within 42 days. Were giving you

23 this form which must be completed and returned to the court

24 within 42 days if you want the court to appoint an attorney

25 for an appeal.

SUSAN K. PATELSKI, CER.6368

OFFICIAL COURT RECORDER, MUSKEGON. MICHIGAN
(Video Tape No. 2008—87, 12/08/08, 1:47 p.m.) 11
 1 MR. RILEY: Is there any credit?

2 THE COURT: Yes. Mr. Riley says is there credit.

3 Good question. Two days. Thank you.

4 MR. CORBETT: Thank you, your Honor.

5 THE COURT: Youre welcome.

6 (At 1:58 p.m., proceeding concluded)

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SUSAN K. PATELSKI, CER-6368

OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN
(Video Tape No. 2008—87, 12/08/08, 1:47 p.m.) 12
 1 STATE OF MICHIGAN

2 COUNTY OF MUSKEGON

4 I certify that this transcript, consisting of 13

5 pages, is a complete, true and correct rendition of the videotape

6 of the proceeding as recorded in this case on December 8, 2008.

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January 13, 2009 ~ ~
/Susan K. Patels i (CER—6368)
Certified Electronic Recorder
Muskegon County Circuit Court
11 990 Terrace Street
Muskegon, MI 49442
12 (231) 724—6337

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SUSAN K. PATELSKI, CER.6368

OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN
(Video Tape No. 2008—87, 12/08/08, 1:47 p.m.) 13