IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
)
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
vs. ) Case No.: 3:17-CR-82
)
RANDALL KEITH BEANE, )
HEATHER ANN TUCCI-JARRAF, )
)
Defendants. )
)
PROCEEDINGS
BEFORE THE HONORABLE C. CLIFFORD SHIRLEY, JR.
October 18, 2017
9:35 a.m. to 11:24 a.m.
APPEARANCES:
FOR THE PLAINTIFF: CYNTHIA F. DAVIDSON, ESQUIRE
ANNE-MARIE SVOLTO, ESQUIRE
Assistant United States Attorney
United States Department of Justice
Office of the United States Attorney
800 Market Street
Suite 211
Knoxville, Tennessee 37902
FOR THE DEFENDANT: RANDALL KEITH BEANE, PRO SE
RANDALL BEANE
Blount County Detention Center
920 East Lamar Alexander Parkway
Maryville, Tennessee 37904
FOR THE DEFENDANT: STEPHEN G. McGRATH, ESQUIRE
(As Elbow Counsel) 9111 Cross Park Drive
Suite D-200
Knoxville, Tennessee 37923
REPORTED BY:
APPEARANCES (CONTINUED):
FOR THE DEFENDANT: HEATHER ANN TUCCI JARRAF, PRO SE
HEATHER ANN TUCCI-JARRAF
105 Orchard Lane
Oak Ridge, Tennessee 37830
FOR THE DEFENDANT: FRANCIS LLOYD, ESQUIRE
(As Elbow Counsel)
9111 Cross Park Drive
Suite D-200
Knoxville, Tennessee 37923
(Call to Order of the Court)
THE COURTROOM DEPUTY: We are here for a scheduled motion hearing in Case 3:17-CR-82, United States vs. Randall Keith Beane and Heather Tucci-Jarraf.
Here on behalf of the government are Cynthia Davidson and Anne-Marie Svolto.
Is the government present and ready to proceed?
MS. SVOLTO: Yes, Your Honor.
THE COURTROOM DEPUTY: Here on behalf of the defendant as elbow counsel, on behalf of Defendant Beane, is Stephen McGrath.
Is the defendant ready to proceed?
MR. BEANE: Yes.
THE COURTROOM DEPUTY: And as elbow counsel on behalf
of Ms. Tucci-Jarraf is Francis Lloyd.
Is the defendant present and ready to proceed?
MS. TUCCI-JARRAF: Heather is ready to proceed, yes.
THE COURTROOM DEPUTY: Okay. Thank you.
THE COURT: All right. Before the Court today is the filing of Ms. Tucci-Jarraf's praecipe to enter dismissal with prejudice and Mr. Beane's motion to join in that filing. So there's a number of other tangential motions or files that have occurred since that time. We'll take those up separately. Mr. Beane, is it correct that you want to join in Ms. Tucci-Jarraf's praecipe filing?
MR. BEANE: Yes.
THE COURT: Do you know what a praecipe?
MR. BEANE: No.
THE COURT: Do you claim this Court has no jurisdiction over you?
MR. BEANE: Yes.
THE COURT: Can you explain the legal basis for that claim?
MR. BEANE: No.
THE COURT: All right. Ms. Tucci-Jarraf, how do you pronounce your filing?
MS. TUCCI-JARRAF: Praecipe.
THE COURT: Praecipe. Okay. And what do you understand a praecipe to be?
MS. TUCCI-JARRAF: Praecipe is a command and it's an order.
THE COURT: Okay. So if I understand right, you contend that you can order this Court to do certain things?
MS. TUCCI-JARRAF: Based on the UCC filings that were supplied to everybody in this room, that is actually a perfected judgment, which was also supplied to -- at the time, Department of Justice had a public integrity, Jack Smith, who -- well, until last month --
THE COURT: I think you're doing what you do in your filings, which is going on and on and not --
MS. TUCCI-JARRAF: I'm giving you the legal basis for actually having the authority to deliver a praecipe.
THE COURT: I will ask you that probably in a minute.
MS. TUCCI-JARRAF: Okay.
THE COURT: That wasn't what I asked you.
MS. TUCCI-JARRAF: Based on my authority --
THE COURT: No.
MS. TUCCI-JARRAF: -- that is in the UCCs --
THE COURT: That wasn't what I asked you.
MS. TUCCI-JARRAF: That is why the praecipe -- I'm not commanding any office in this room, but I am just stating, based on the judgment that was provided to everyone, this is the command of how to move forward.
