Plea Sep 25, 2008 - 23852

On
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 BENNEIT HARRIS,
7 Defendant.
__________________________________________________________/
8
9 GUILTY PLEA HEARING
10 BEFORE THE HONORABLE TIMOTHY G. HICKS, CIRCUIT JUDGE
11 Muskegon, Michigan — Thursday, September 25, 2008
12
~ 13 APPEARANCES:
14 For the People: MR. MARC E. CURTIS, 2—59274

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
20 (231) 733—2566
21
22
23
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—69, 09/25/08, 3:16 p.m.)
__ 1 TABLE OF CONTENTS
3 WITNESSES: PEOPLE
4 None.
6
WITNESSES: DEFENDANT
7
None.
8
10 EXHIBITS:
11 None.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SUSAN K. PATELSKJ, CER-6368

(Video Tape No. 2008—69, 09/25/08, 3:16 p.m.) 2
1 Muskegon, Michigan
2 Thursday, September 25, 2008 at 3:16:21 p.m.
3 Video Tape No. 2008-69
4 THE COURT: -— Scott Harris.
5 Sir, could you raise your right hand, please. Do
6 you swear or affirm that the testimony you are about to give
7 will be the truth, the whole truth, and nothing but the truth
8 so help you God?
9 THE DEFENDANT: Yes, your Honor.
10 (At 3:16 p.m., Scott Harris, the defendant, sworn by
11 the court)
12 THE COURT: Are you Scott Harris?
~ 13 THE DEFENDANT: Yes, I am.
14 THE COURT: What is your date of birth?
15 THE DEFENDANT: 9/8/64.
16 THE COURT: Thanks.
17 (At 3:16:34 p.m., proceeding recessed)
18 (At 3:16:51 p.m., proceeding reconvened)
19 THE COURT: —— People. Mr. Balgooyen represents Mr.
20 Harris here today.
21 Mr. Curtis?
22 MR. CURTIS: Your Honor, it is my understanding the
23 defendant will be pleading as charged. There was a Cobbs
24 hearing held with myself, defense counsel, and the court
25 present, where the court agreed that in exchange for the

(Video Tape No. 2008—69, 09/25/08, 3:16 p.m.) 3
1 defendants plea, that it will delay sentence until December
2 8th, of 2008. If on that date the defendant pays the amount
3 of $3,000, he will not—— prior to that date, if the defendant
4 pays the $3,000, he will not be required to appear on December
5 8th, 2008, and his sentencing will be delayed until May 29th,—
6 - or May of 2009, with a payment of $8,000 due in May, of 2009
7 total. So $3,000 plus another $5,000 by May, of 2009. If
8 that amount is paid, the court will not sentence the defendant
9 to any type of incarceration in the Muskegon County Jail or
10 Department of Corrections. However, the court is still open
11 for terms and conditions of probation.
12 THE COURT: Mr. Balgooyen, correct?
~ 13 THE DEFENDANT: Correct.
14 MR. BALGOOYEN: Thats correct.
15 THE COURT: Mr. Harris, is that what you understand?
16 THE DEFENDANT: Thats what I understand, Sir, yes.
17 THE COURT: All right. Mr. Curtis?
18 MR. CURTIS: The information reads that Scott Harris
19 on or about and between the dates of April 4th, 2003, to
20 May 7, of 2008, in Muskegon County, state of Michigan, did not
21 pay support for his children, in the amount or at the time
22 stated in an order entered by the 14th Circuit Court in file
23 number 2003—020805; contrary to Michigan law.
24 This is comonly referred to child support failing
25 to pay. It is a felony, 4 years and/or $2,000.

(Video Tape No. 2008—69, 09/25/08, 3:16 p.m.) 4
__ 1 I ask the court to take notice that the defendant
2 was previously convicted of three or more felonies or attempts
3 to commit felonies in that on or about November 26th, of 1985,
4 he was convicted of the offense of burglary in violation of
5 Michigan law, in the 27th Circuit Court for White Cloud, state
6 of Michigan; and that on or about February 23rd, 1988, he was
7 convicted of the offense of breaking and entering of an
8 occupied dwelling in violation of Michigan law, in the 27th
9 Circuit Court for White Cloud, state of Michigan; and that on
10 or about May 19th, of 1997, he was convicted of the offense of
11 operating while intoxicated third offense in violation of
12 Michigan law, in the 20th Circuit Court for Grand Haven, state
13 of Michigan.
14 And, therefore, defendant is subject to penalties
15 provided by Michigan law. This is commonly referred to as
16 habitual offender fourth offense notice. The penalty is life
17 if the primary offense has a penalty of 5 years or more; 15
18 years or less if the primary offense has a penalty under 5
19 years.
20 And the People would move to amend that May 19th,
21 1997, operating while intoxicated third offense, your Honor.
22 THE COURT: Any objection to the amendment, Mr.
23 Balgooyen?
24 MR. BALGOOYEN: No.
25 THE COURT: Mr. Balgooyen, do you have a copy of the

(Video Tape No. 2008—69, 09/25/08, 3:16 p.m.) 5
1 information just read?
2 MR. BALGOOYEN: I do.
3 THE COURT: Mr. Harris, have you heard Mr. Curtis
4 read the charge just now?
5 THE DEFENDANT: Yes, I did.
6 THE COURT: Do you understand the name and the
7 elements of the charge you face?
8 THE DEFENDANT: Yes, I do.
9 THE COURT: Do you understand the maximum penalty?
11 THE COURT: In your case it is 15 years with the
12 habitual. It cannot be any lower than 4 years, though. Do
~ 13 you understand that?
15 THE COURT: There is no mandatory-minimum sentence
16 that you are required to serve, even with the enhancement.
17 Mr. Harris, I have made a two—step Cobbs commitment
18 here that Mr. Curtis has accurately described. Do you have
19 any questions about that?
20 THE DEFENDANT: No, Sir, I dont,
21 THE COURT: One thing I want to you-— I guess there
22 are a couple things I want you to understand about that.
23 Number one is that a felony conviction will go in the books
24 today. Do you understand that?

OFFICIAL COURT RECORDER, MUSKEGON. MICHIGAN
(Video Tape No. 2008—69, 09/25/08, 3:16 p.m.) 6
1 THE COURT: And at some point, you will have a
2 sentence before me at some point. Do you understand that?
3 THE DEFENDANT: Correct. Yes, I do.
4 THE COURT: Okay. And for today, we will set it for
5 that December 8 date. And if youve paid the $3,000 by then,
6 well delay it until May. And by that point, if youve paid a
7 total of $8,000 toward the arrears, youll have no jail. Do
8 you understand that?
9 THE DEFENDANT: Yes, I do, Sir.
10 THE COURT: You will also need to stay current in
11 your child support obligations. Do you understand that?
12 THE DEFENDANT: Correct. Yes.
13 THE COURT: Okay. And finally the no jail
14 commitment limits that option, but it does not limit any other
15 options that I have such as fines, costs, probation, tether,
16 and all that. Do you understand those things?
18 THE COURT: Has Mr. Balgooyen told you about your
19 constitutional rights and the elements of the charge you face?
20 THE DEFENDANT: Yes, he did.
21 THE COURT: You need to enter a plea. You have four
22 choices. The first one is a nob contendere plea. We
23 commonly call this a no contest plea. Its a plea where you
24 choose not to fight the charge. For record and sentencing
25 purposes, it operates as a guilty plea. Next, you may plead

(Video Tape No. 2008—69, 09/25/08, 3:16 p.m.) 7
__ 1 guilty. Third, you may plead not guilty. And fourth, you may
2 stand mute. That means you would say nothing, and I will
3 enter a not guilty plea for you. Do you understand the four
4 pleas?
6 THE COURT: Do you know what it means to waive or to
7 give up a constitutional right?
8 THE DEFENDANT: Yes, Sir.
9 THE COURT: At your sentencing, both you and your
10 attorney will be given a reasonable opportunity to read the
11 presentence investigation report and tell me anything else you
12 want me to know before you are sentenced.
13 Lets talk about the prior offenses first. Mr.
14 Harris, were you convicted of all three of these felonies:
15 burglary in 1985, and breaking in entering in 1988, both in
16 White Cloud?
18 THE COURT: Did you have attorneys for both of
19 those?
21 THE COURT: Were you convicted of operating while
22 intoxicated third offense in Grand Haven in 1997?
23 THE DEFENDANT: Yes, Sir, I was.
24 THE COURT: Did you have an attorney then?
SUSAN K. PATELSKJ, CER-6368

(Video Tape No. 2008—69, 09/25/08, 3:16 p.m.) 8
1 THE COURT: Mr. Harris, has anybody promised you
2 anything else beyond the matters disclosed here right now to
3 get you to plead guilty?
4 THE DEFENDANT: No, Sir.
5 THE COURT: Has anybody threatened you to get you to
6 plead guilty?
8 THE COURT: Is it your own free choice to enter the
9 plea?
11 THE COURT: Your plea gives up all the rights noted
12 on the advice of rights form that you signed a few minutes

r 13 ago. Did you read the form?
15 THE COURT: Did you sign the form?
17 THE COURT: Do you understand the rights that youre
18 giving up?
20 THE COURT: Do you have any questions about any one
21 of them?
23 THE COURT: Are you in physical pain right now?
24 THE DEFENDANT: No, Im just nervous.
25 THE COURT: Okay. Well thats okay. I didnt

OFFICIAL COURT RECORDER. MUSKEGON, MICHIGAN
(Video Tape No. 2008—69, 09/25/08, 3:16 p.m.)
__ 1 expect this to be a fun day for anybody who is in court. I
2 just want to be sure you understand whats going on. Any
3 questions about anything so far?
5 THE COURT: Does Laingsburg have a good football
6 team this year?
7 THE DEFENDANT: I believe they have, yes.
8 THE COURT: I thought theyd had some success in the
9 last few years.
10 THE DEFENDANT: I think my father would know more
11 about it than me, but——
12 THE COURT: Whats he do out there?
~ 13 THE DEFENDANT: Hes retired off the railroad.
14 Hes——
15 THE COURT: So he gets to go to football games and
16 watch the sports reports, huh?
17 THE DEFENDANT: Yes.
18 THE COURT: Okay. Mr. Harris, your guilty plea
19 gives up any claim that your plea was the result of secret
20 promises or threats that were not disclosed here today. It
21 also gives up any claim later that it was not your own choice
22 to enter the plea here today. Your plea changes your appeal
23 rights from having the right to appeal to the Court of Appeals
24 to having to ask for leave or for permission to appeal to the
25 Court of Appeals. Do you understand the difference?

(Video Tape No. 2008—69, 09/25/08, 3:16 p.m.) 10
2 THE COURT: Gentlemen, are either one of you aware
3 any promises, threats, or inducements regarding the plea,
4 other than those already disclosed?
5 Mr. Curtis?
6 MR. CURTIS: No, your Honor.
7 THE COURT: Mr. Balgooyen?
8 MR. BALGOOYEN: Im aware of none, your Honor.
9 THE COURT: Mr. Harris, we need to ask you a couple
10 of questions here. Did you get divorced here in Muskegon
11 County?

13 THE COURT: Were you ordered by that divorce
14 judgment to pay child support for your children?
15 THE DEFENDANT: Sir, I dont think the child support
16 went into effect until after my divorce—- after I was already
17 living in Florida. The divorce finalized I believe it was
18 October or November, 03. And thats when I moved to Florida.
19 And it started coming out of my pay——
20 THE COURT: Well let me try it this way.
21 THE DEFENDANT: Okay.
22 THE COURT: Was there a later court order for you to
23 pay child support by a Muskegon judge?
24 THE DEFENDANT: I believe so. Yes.
25 THE COURT: Well at some point there was a child

(Video Tape No. 2008—69, 09/25/08, 3:16 p.m.) 11
r 1 support order, wasnt there?
2 THE DEFENDANT: I believe so, yes.
3 THE COURT: All right. Did you pay the child
4 support exactly as required in that order?
5 THE DEFENDANT: For the most part, it came straight
6 out of my paychecks. There was a point of time there when it
7 didnt, and I went and got money orders and I sent them to
8 Lansing every two weeks.
9 THE COURT: Okay. Well Im going to need some help
10 with questions then, gentlemen.
11 THE DEFENDANT: And it wasnt the full amount that I
12 sent.
13 THE COURT: Well let me try it this way. Mr. Curtis
14 says that there is an arrears of about $12,000 on that account
15 right now.
16 THE DEFENDANT: Yeah, I——
17 MR. BALGOOYEN: Well he didnt--
18 THE DEFENDANT: I understand like $7,000, but the
19 full amount, I dont understand.
20 THE COURT: Well for whatever reason, do you
21 acknowledge that you didnt pay the amounts exactly as
22 required in that order?
23 THE DEFENDANT: Yes, Sir, I do.
24 MR. BALGOOYEN: Support was provided for in the
25 judgment. I have a copy of the judgment here, your Honor.

(Video Tape No. 2008—69, 09/25/08, 3:16 p.m.) 12
__ 1 But there have been some modifications of that. And I think
2 he has had periods of time when he hasnt been employed, and
3 thats where the arrearages built up.
4 THE COURT: All right.
5 MR. BALGOOYEN: Is that correct?
6 THE DEFENDANT: Yes. Somewhat, yes.
7 THE COURT: So just to—- I dont-— Under the law,
8 the reasons why you didnt make the payment really dont give
9 you a defense to this. But youre agreeing that the payments
10 were not made as required in the orders in the file?
11 THE DEFENDANT: Correct.
12 THE COURT: Mr. Harriss testimony establishes that
13 he committed the crime and that he committed the crime by
14 violating the Muskegon County court order. The court finds
15 his plea to be knowing, voluntary, understanding, and
16 accurate. For all these reasons, the court accepts the plea.
17 Gentlemen, has the court complied with the rules?
18 Mr. Curtis?
19 MR. CURTIS: You have, your Honor.
20 THE COURT: Mr. Balgooyen?
21 MR. BALGOOYEN: Yes.
22 THE COURT: Mr. Harris, do you have any questions
23 about anything that we have done here today, sir?
25 THE COURT: Mr. Harris, we have delayed your

(Video Tape No. 2008—69, 09/25/08, 3:16 p.m.) 13
__ 1 sentencing for quite a while. But you need to go to the
2 probation office right now, and check in there, and get the
3 paperwork flowing. Youll have to be sure that you apprise
4 them of any changes in your address. Do you understand that?
5 THE DEFENDANT: Correct.
6 THE COURT: Courts speak through their orders, not
7 their words. So as we manage your case with the December date
8 and the May date, be sure that you pay attention only to the
9 orders that come from the court. Okay?
10 THE DEFENDANT: Okay. Yes.
11 THE COURT: In other words, that money is going to
12 have to be paid exactly right on time.

r 13 THE DEFENDANT: Can I--
14 THE COURT: Its not going to be good enough in
15 December for you to say well Im not coming—— for you to say,
16 well the money is on the way, I think Ive got it coming. Do
17 you understand these things?
18 THE DEFENDANT: Right. Can I ask a question on
19 that. If Im paying my weekly support—— my monthly support,
20 if Im mailing that over amount for the $3,000, would that
21 be-- or does it have to be sent directly to this court?
22 THE COURT: You know, Im not in charge of that
23 file. Talk to Mr. Balgooyen about that.
24 MR. BALGOOYEN: Ive told him he can do that. He
25 can do that.

(Video Tape No. 2008—69, 09/25/08, 3:16 p.m.) 14
1 THE COURT: I think you making regular payments is
2 fine, as long as they total up to the $3,000.
4 THE COURT: It doesnt have to be paid in one lump.
5 MR. BALGOOYEN: Yeah, I agree.
6 THE COURT: But it will be your responsibility to
7 walk in here in December or give me by December some nice
8 pretty paperwork that shoes—— you know, dont send me shoe
9 boxes full of receipts. Okay? Do you understand?
10 THE DEFENDANT: I understand. I understand.
11 THE COURT: Okay.
12 MR. BALGOOYEN: I hope that he hasnt taken your

r 13 words to mean that hes supposed to ignore my letters, because
14 Ill be writing him too.
15 THE COURT: Right. Follow Mr. Balgooyens advice,
16 and you should be okay. But I just dont want there to be any
17 misunderstanding about these things. If you have any doubt,
18 Mr. Balgooyen can give you the court number and you can call
19 my secretary, and shell tell you exactly what you have and
20 what you can and cannot do. Okay?
22 THE COURT: All right. Now we do need a sample of
23 your DNA.
25 THE COURT: Do we have it already, Mr. Curtis?

(Video Tape No. 2008—69, 09/25/08, 3:16 p.m.) 15
__ 1 MR. CURTIS: No, your Honor.
2 THE COURT: Those other convictions are too old. So
3 youre going to have to give the sheriff a sample of your
4 DNA--
6 THE COURT: —— on some Wednesday of your choice. As
7 far as Im concerned, you wouldnt have to do that right now.
8 Just make sure you get it done. Okay?
9 THE DEFENDANT: Could something like that be done
10 today while Im here?
11 THE COURT: Well the Muskegon County Sheriff only
12 does it on Wednesdays. I know Mr. Balgooyen says youre

r 13 anxious to leave town, but youve got to get it done. I mean
14 as far as Im concerned, if you go to Florida and you can have
15 somebody in Florida do it, thats fine by me. Just get it
16 done.
18 THE COURT: All right. The last question, do we
19 need to modify bond to allow him to go to Florida?
20 MR. CURTIS: Yes, your Honor.
21 THE COURT: Any objection to that, Mr. Curtis?
22 MR. CURTIS: No, your Honor.
23 THE COURT: All right. Well modify the bond
24 condition to allow you to go to Florida and to travel to and
25 from there via the most direct route. But we need to have a

(Video Tape No. 2008—69, 09/25/08, 3:16 p.m.) 16
1 current Florida address on file at all times,
2 THE DEFENDANT: I believe it is on file here.
3 THE COURT: Okay. Very well. And well need an
4 order about the bond thing I think, Mr. Balgooyen,—— changing
5 the bond condition. Maybe you can do it through Ms. Patelski,
6 but we need something in the file about that.
7 Okay. Mr. Harris, your next stop is where?
8 THE DEFENDANT: Where? Back to Laingsburg, and--
9 MR. BALGOOYEN: No.
10 THE DEFENDANT: Oh, the probation office. Yes.
11 THE COURT: Yes, sir. Your next stop is the
12 probation office across the street.
13 THE DEFENDANT: Across the street.
14 THE COURT: Then you can go back to Laingsburg. All
15 right. Thank you.
16 MR. BALGOOYEN: Here. Youre going to the guard
17 shack. Take this street down to Pine Street, and then there
18 is a guard shack. Go in there, and its right at this end of
19 the building.
21 MR. BALGOOYEN: Okay. Stay in touch.
22 THE DEFENDANT: Thank you, your Honor.
23 MR. BALGOOYEN: Have a good trip.
24 THE COURT: Youre welcome, Mr. Harris.
25 (At 3:29 p.m., proceeding concluded)

(Video Tape No. 2008—69, 09/25/08, 3:16 p.m.) 17
1 STATE OF MICHIGAN
2 COUNTY OF MUSKEGON
4 I certify that this transcript, consisting of 18
5 pages, is a complete, true and correct rendition of the videotape
6 of the proceeding as recorded in this case on September 25, 2008.
: January 13, 2009 ~

/usan K. Patelski (CER-6368)
10 /Certified Electronic Recorder
Muskegon County Circuit Court
11 990 Terrace Street
Muskegon, MI 49442
12 (231) 724—6337
r 13
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SUSAN K. PATELSKI, CER~6368

(Video Tape No. 2008—69, 09/25/08, 3:16 p.m.) 18

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2 IN THE 14TH CIRCUIT COURT

4 PEOPLE OF THE STATE OF MICHIGAN,

9 GUILTY PLEA HEARING

10 BEFORE THE HONORABLE TIMOTHY G. HICKS, CIRCUIT JUDGE

11 Muskegon, Michigan — Thursday, September 25, 2008

14 For the People: MR. MARC E. CURTIS, 2—59274

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

24 TRANSCRIBED BY: SUSAN K. PATELSKI (CER—6368)

SUSAN K. PATELSKI, CER-6368

SUSAN K. PATELSKJ, CER-6368

2 Thursday, September 25, 2008 at 3:16:21 p.m.

3 Video Tape No. 2008-69

4 THE COURT: -— Scott Harris.

5 Sir, could you raise your right hand, please. Do

8 so help you God?

9 THE DEFENDANT: Yes, your Honor.

10 (At 3:16 p.m., Scott Harris, the defendant, sworn by

12 THE COURT: Are you Scott Harris?

~ 13 THE DEFENDANT: Yes, I am.

14 THE COURT: What is your date of birth?

15 THE DEFENDANT: 9/8/64.

16 THE COURT: Thanks.

17 (At 3:16:34 p.m., proceeding recessed)

18 (At 3:16:51 p.m., proceeding reconvened)

19 THE COURT: —— People. Mr. Balgooyen represents Mr.

20 Harris here today.

22 MR. CURTIS: Your Honor, it is my understanding the

23 defendant will be pleading as charged. There was a Cobbs

24 hearing held with myself, defense counsel, and the court

25 present, where the court agreed that in exchange for the

SUSAN K. PATELSKI, CER-6368

2 8th, of 2008. If on that date the defendant pays the amount

3 of $3,000, he will not—— prior to that date, if the defendant

4 pays the $3,000, he will not be required to appear on December

6 - or May of 2009, with a payment of $8,000 due in May, of 2009

7 total. So $3,000 plus another $5,000 by May, of 2009. If

9 to any type of incarceration in the Muskegon County Jail or

10 Department of Corrections. However, the court is still open

11 for terms and conditions of probation.

12 THE COURT: Mr. Balgooyen, correct?

~ 13 THE DEFENDANT: Correct.

14 MR. BALGOOYEN: Thats correct.

15 THE COURT: Mr. Harris, is that what you understand?

16 THE DEFENDANT: Thats what I understand, Sir, yes.

17 THE COURT: All right. Mr. Curtis?

18 MR. CURTIS: The information reads that Scott Harris

19 on or about and between the dates of April 4th, 2003, to

20 May 7, of 2008, in Muskegon County, state of Michigan, did not

21 pay support for his children, in the amount or at the time

22 stated in an order entered by the 14th Circuit Court in file

23 number 2003—020805; contrary to Michigan law.

24 This is comonly referred to child support failing

25 to pay. It is a felony, 4 years and/or $2,000.

SUSAN K. PATELSKI, CER-6368

2 was previously convicted of three or more felonies or attempts

3 to commit felonies in that on or about November 26th, of 1985,

4 he was convicted of the offense of burglary in violation of

6 of Michigan; and that on or about February 23rd, 1988, he was

7 convicted of the offense of breaking and entering of an

8 occupied dwelling in violation of Michigan law, in the 27th

9 Circuit Court for White Cloud, state of Michigan; and that on