WEBVTT

2
00:00:14.148 --> 00:00:32.735
OLUWAKOLAPO SAPARA:  (APPEARANCES ENTERED.)       
CHIEF JUSTICE RABNER:  AND MR. BREATHS

3
00:00:32.735 --> 00:00:36.744
CAN YOU HEAR US.           SCOTT BRETTSCHNEIDER: 
YES I CAN.           CHIEF JUSTICE RABNER: 

4
00:00:36.744 --> 00:00:44.366
WE'LL START WITH THE OAE AND YOU'LL HAVE AN
OPPORTUNITY TO RESPOND.           OLUWAKOLAPO

5
00:00:44.366 --> 00:00:51.692
SAPARA:  THIS MATTER COMES TO THE COURT FOLLOWING
AS SUBSEQUENT DIS BARSMENT IN NEW YORK. 

6
00:00:51.692 --> 00:00:59.330
THE OAE AND THE REPUBLICANARY REVIEW BOARD BOTH
RECOMMEND EMBARRASSMENT.  RESPONDENT WAS

7
00:00:59.330 --> 00:01:04.901
AND MAKING FALSE STATEMENTS TO A GOVERNMENT AGENT
SEE SPECIFICALLY HE PLAYED AND ACTIVE

8
00:01:04.901 --> 00:01:12.339
AN CENTRAL ROW IN SUBMITTING A FRAUGHT LEAPT
MATTER TO PWAOUR ROW OF PRINCIPLES.  UNABLE

9
00:01:12.339 --> 00:01:17.584
TOYS CLIENT TO GAIN EARLY RELEASE THROUGH A
RESIDENTIALAL FOR WHICH THE CLIENT WAS NOT

10
00:01:17.584 --> 00:01:24.425
ELIGIBLE.  RESPONDENT DID MORE THAN MERELY FAIL
TO PREFRPBLTS HIS CLIENT'S WRONG DOING THE

11
00:01:24.425 --> 00:01:30.560
PWOURD FOUND HE IS WATT DRIVING FORCE BEHIND THE
CRIMINAL SCHEME HE ORGANIZED THE EFFORTS

12
00:01:30.560 --> 00:01:35.740
SUPPLIED INSTRUCTIONS AND FALSE INFORMATION AND
ENLISTED A LICENSED SUBSTANCE ABUSE COULD

13
00:01:35.740 --> 00:01:41.475
YOUS HROR TO SIGN A LETTER HE KNEWS WAS FALSE.  HE
UNDERSTOOD THE REQUIREMENTS AND ORCHESTRATED

14
00:01:41.475 --> 00:01:46.165
THE COVER STORE TO DEFEAT THEM.           CHIEF
JUSTICE RABNER:  WOULD YOU MIND IF YOU

15
00:01:46.165 --> 00:01:52.122
INTERRUPTED FOR JUST AW SECOND.  IS IT YOUR
INNING THAT THE RESPONDENT AND I'LL ASK HIM

16
00:01:52.122 --> 00:02:00.698
NEXT IS NOT CONTESTING EMBARRASSMENT IN THIS CASE
BUT INSTEAD WISHES TO ADDRESS THE QUESTION

17
00:02:00.698 --> 00:02:06.259
OF COSTS AND SEEKS THAT THEY BE WAIVED.          
OLUWAKOLAPO SAPARA:  MY UNDERSTANDING

18
00:02:06.259 --> 00:02:12.808
IS THAT HE'S NOT HE WAS NOT CONTESTING OUR
INITIAL MOTION FOR ONE TO TWO YEAR INSPECTION

19
00:02:12.808 --> 00:02:22.179
HOWEVER IF THAT'S WHAT WAS COMMUNICATED THAT HE'S
JUST SEEKING TO WAIVE THE FEE AS ASSOCIATED

20
00:02:22.179 --> 00:02:25.753
WITH THIS PROCESS.           CHIEF JUSTICE
RABNER:  THAT'S DIFFERENT.  YOURS IS

21
00:02:25.753 --> 00:02:30.987
RECOMMENDATION FOR DIS BARSMENT.           CHIEF
JUSTICE RABNER:  JUST SO WE UNDERSTAND

22
00:02:30.987 --> 00:02:38.850
ARE YOU CONTESTING THE RECOMMENDATION FOR DIS
BARMENT AS WELL AS THE OAE SEEKING TO OBTAIN

23
00:02:38.850 --> 00:02:47.804
COSTS BREATHS BREATHS LET ME JUST BE CLEAR I'M
NOT CONTESTING IT.  HOWEVER I AM NOT

24
00:02:47.804 --> 00:02:57.272
INDICATING THAT I WAS GUILTY OF THIS CRIME.  I'VE
ALWAYS MAINTENANCED MY INNOCENCE AND

25
00:02:57.272 --> 00:03:08.424
BUT MY CIRCUMSTANCES HAVE CHANGED WITH RESPECT TO
MY HEALTH AND MY RESPONSIBILITIES AT

26
00:03:08.424 --> 00:03:12.314
HOME.           CHIEF JUSTICE RABNER:  I'M GOING
TO GIVE YOU A FULL OPPORTUNITY TO EXPLAINING

27
00:03:12.314 --> 00:03:17.873
YOUR POSITION BUT LET ME JUST MAKE SURE I
UNDERSTAND.  WHEN YOU SAY I'M NOT CONTEST

28
00:03:17.873 --> 00:03:22.258
TESTING IT.  ARE YOU CONTESTING OR ARE YOU NOT
CONTESTING THE RECOMMENDATION FOR DIS BARMENT

29
00:03:22.258 --> 00:03:28.397
BREATHS BREATHS I'M NOT CONTESTING THE
RECOMMENDATION FOR.           CHIEF JUSTICE

30
00:03:28.397 --> 00:03:33.657
RABNER:  AND I UNDERSTAND YOU'RE MAINTENANCING
YOUR INNOCENCE.  YOU'RE SIMPLY SEEKING TO

31
00:03:33.657 --> 00:03:41.336
ADDRESS THE QUESTION OF DISCIPLINARY COSTS.      
SCOTT BRETTSCHNEIDER:  YES.          

32
00:03:41.336 --> 00:03:44.766
CHIEF JUSTICE RABNER:  THAT MAY SHORTEN YOUR
PRESENTATION.           OLUWAKOLAPO SAPARA: 

33
00:03:44.766 --> 00:03:51.201
YES, I'M SURE YOU'VE ALL READ THE BRIEF AND THE
BOARD'S DECISION.  AS TO WHY WE BELIEVE

34
00:03:51.201 --> 00:03:58.247
DIS BARMENT IS THE REQUIRED DISCIPLINE FOR THIS
MATTER.            CHIEF JUSTICE RABNER: 

35
00:03:58.247 --> 00:04:03.133
YOU'RE WELCOME TO ADDRESS THE QUESTION F COSTS.  
OLUWAKOLAPO SAPARA:  WE HAVE

36
00:04:03.133 --> 00:04:09.976
NO ARGUMENT TOWARDS COSTS IF.  IF THE COURT
BELIEFS THAT THE COSTS SHOULD BE WAIVED IN

37
00:04:09.976 --> 00:04:18.409
THIS MATTER MR. BREATHS TESTIMONY WE LEAVE THAT
UP TO THE COURT TO MAKE THAT DECISION. 

38
00:04:18.409 --> 00:04:21.495
CHIEF JUSTICE RABNER:  ARE YOU IN A
POSITION TO ASSESS.           OLUWAKOLAPO

39
00:04:21.495 --> 00:04:25.187
SAPARA:  I'M NOT IN A-POSITION TO ASSESS.         
CHIEF JUSTICE RABNER:  ANYTHING SUBMITTED

40
00:04:25.187 --> 00:04:30.371
TO THE OAE IN THAT REGARD.           OLUWAKOLAPO
SAPARA:  NOT TO THAT REGARD.           CHIEF

41
00:04:30.371 --> 00:04:35.814
JUSTICE RABNER:  AND IS IT A MATTER OF DISCRETION
FOR THE OAE OR WHAT CAN YOU TELL US ABOUT

42
00:04:35.814 --> 00:04:40.729
THE OAE'S PRACTICE WITH RESPECT TO COSTS.        
OLUWAKOLAPO SAPARA:  I CANNOT TELL

43
00:04:40.729 --> 00:04:46.861
YOU WHETHER OR NOT WE CAN WAIVE COSTS OR NOT IT
WOULD BE SOMETHING I WOULD HAVE TO REVIEW

44
00:04:46.861 --> 00:04:50.425
AND GET BACK TO THE COURT ABOUT.           CHIEF
JUSTICE RABNER:  YOU UNDERSTOOD THAT

45
00:04:50.425 --> 00:04:54.290
THAT'S WHAT THE PURPOSE AT LEAST ONE OF THE
PURPOSES OF HEARING WAS TO BE.          

46
00:04:54.290 --> 00:04:59.618
OLUWAKOLAPO SAPARA:  RIGHT AND AGAIN IT'S NOT
SOMETHING THAT WE HAVE -- I HAVE DISCRETION

47
00:04:59.618 --> 00:05:04.992
ON MAKING A DECISION ON BUT I CAN REVIEW WITH MY
SUPERVISING ATTORNEYS AND WHETHER OR 

48
00:05:04.992 --> 00:05:10.360
NOT THAT IS SOMETHING THAT WE ARE ALLOWED TO DO. 
BASED ON THE RULES HOWEVER IT IS DOESN'T

49
00:05:10.360 --> 00:05:16.717
SAY THAT OAE HAS THE POWER TO MAKE THAT DECISION.
CHIEF JUSTICE RABNER:  IS IT

50
00:05:16.717 --> 00:05:19.987
DISCRETIONARY WITH THE COURT IS YOUR
UNDERSTANDING.           OLUWAKOLAPO SAPARA: 

51
00:05:19.987 --> 00:05:23.259
YES, YOUR HONOR.           CHIEF JUSTICE RABNER: 
IS THERE ANYTHING YOU'D LIKE TO ADD.

52
00:05:23.259 --> 00:05:28.423
OLUWAKOLAPO SAPARA:  NO.  BASED OFF OF
MR. BRETTSCHNEIDER WORDS SAYING THAT

53
00:05:28.423 --> 00:05:38.619
HE DOES NOT BELIEVE THAT HE -- HE'S CONTESTING
THE GUILTY VERDICT, WE MOVE FURTHER JUST

54
00:05:38.619 --> 00:05:44.936
TO SAY THAT WE BELIEVE THAT DIS BARMENT IS THE
APPROPRIATE DISCIPLINE FOR THIS MATTER. 

55
00:05:44.936 --> 00:05:49.019
CHIEF JUSTICE RABNER:  UNDERSTOOD. 
YOU'RE WELCOME TO BE SEATED IF YOU HAVE

56
00:05:49.019 --> 00:05:53.266
NOTHING MORE TO PRESENT.           OLUWAKOLAPO
SAPARA:  SAP NO, I DON'T.           CHIEF

57
00:05:53.266 --> 00:05:58.090
JUSTICE RABNER:  MR. BRETTSCHNEIDER.          
SCOTT BRETTSCHNEIDER:  I THINK IT WAS WELL

58
00:05:58.090 --> 00:06:07.881
SAID.  I'M NOT CONTESTING THE VERDICT.  I WAS AN
ATTORNEY FOR 35 YEARS WHEN THE JURY CAME

59
00:06:07.881 --> 00:06:14.579
DOWN WITH A VERDICT IT IS INCUMBENT ON EVERYONE
TO RESPECT THAT VERDICT.  I APPEALED.

60
00:06:14.579 --> 00:06:23.526
I LOST.  BASED ON CIRCUMSTANCES WITH REGARD TO
MY HEALTH MY WIFE'S HEALTH AND MY DAUGHTER'S

61
00:06:23.526 --> 00:06:39.916
HEALTH, I COULD NO LONGER AFFORD OR HAVE THE
ENERGY TO PURSUE FURTHER LITIGATION AT THIS

62
00:06:39.916 --> 00:06:47.861
POINT IN TIME I'M GOING TO TURN 70 IN APRIL.  I
HAVE HEART FAILURE AND I HAVE LEUKEMIA,

63
00:06:47.861 --> 00:07:00.601
I ALSO HAVE AT THIS POINT UNCONTROLLED
HYPERTENSION.  I HAD TESTS LAST WEEK.  I'M

64
00:07:00.601 --> 00:07:14.726
GOING TO HAVE TESTS NEXT WEEK SO IN REALITY,
PURSUING ANY TYPE OF LITIGATION DOESN'T MAKE

65
00:07:14.726 --> 00:07:30.190
ANY SENSE.  IN ADDITION, YOUR HONOR, I HAD TO
WORK HAVEN'T WORKED IN THE PAST 7 YEARS. 

66
00:07:30.190 --> 00:07:36.965
I LIVED OFF MY WIFE'S INCOME.  SHE'S A HOSPICE
NURSE.  ESSENTIALLY WE LIVE PAYCHECK TO

67
00:07:36.965 --> 00:07:49.958
PAYCHECK.  MY DAUGHTER HAS A CONDITION A
CONDITION CALLED SAM B9.  SHE HAS IV

68
00:07:49.958 --> 00:07:58.409
TRANSFUSIONS OF TKPWAPL ATKPWHROG BIN SINCE SHE'S
18 MONTHS OLD.  SHE HAS AUTISM AND

69
00:07:58.409 --> 00:08:05.845
ESSENTIALLY I'M THE SINCE COVID I AM BECAUSE WE'RE
NOT ALLOWED ANYONE IN THE HOUSE I THE

70
00:08:05.845 --> 00:08:17.055
CAREGIVER FROM FRIDAY AT 8 A.M. IN THE MORNING
UNTIL SUNDAY EVENING SO ESSENTIALLY, YOU 

71
00:08:17.055 --> 00:08:28.494
KNOW, I PROVIDE WHAT THE CAREGIVER WOULD HAVE DONE
PRIOR TO COVID.  WE ARE STRICT AS FAR AS

72
00:08:28.494 --> 00:08:33.851
WHAT WE CAN DO AND WHAT WE CAN'T DO.  I HAVEN'T
BEEN INSIDE A RESTAURANT IN SIX YEARS

73
00:08:33.851 --> 00:08:44.549
BECAUSE OF MY DAUGHTER'S CONDITION ALONG WITH MY
OWN CONDITION BUT I DON'T HAVE ANY MONEY

74
00:08:44.549 --> 00:08:50.268
TO PAY FOR COSTS.           CHIEF JUSTICE RABNER:
MR. BRETTSCHNEIDER I WANT TO REMIND

75
00:08:50.268 --> 00:08:56.371
YOU FIRST THIS IS A PUBLIC PROCEEDING SO OTHERS
ARE ABLE TO LISTEN TO IT SO BEAR THAT

76
00:08:56.371 --> 00:09:02.412
IN MINDS AS YOU ASK YOU QUESTIONS AND AS WHAT YOU
WISH TO RELAY PERHAPS PUTTING IN A LETTER

77
00:09:02.412 --> 00:09:09.908
TO US.  WE ARE ADVISED THAT THE APTED COSTS IN
THIS MATTER ARE 2 THOUSAND 6 HUNDRED 50

78
00:09:09.908 --> 00:09:15.528
DOLLARS AND THAT UNDER COURT RULE A PAYMENT PLAN
CAN BE REQUESTED IN WRITING WHICH WOULD

79
00:09:15.528 --> 00:09:21.778
RESULT IN PAYMENTS OF A BIT MORE THAN 2 HUNDRED
DOLLARS PER MONTH OVER THE COURSE OF A

80
00:09:21.778 --> 00:09:28.936
YEAR.  KNOWING THAT INFORMATION, ARE YOU STILL
REQUESTING A WAIVER.           SCOTT

81
00:09:28.936 --> 00:09:32.590
BRETTSCHNEIDER:  YES.           CHIEF JUSTICE
RABNER:  HAVE YOU PRESENTED ANYTHING ABOUT

82
00:09:32.590 --> 00:09:39.108
YOUR ASSETS AND YOUR LIABILITIES TO UNABLE THE
COURT TO ASSESS WHETHER THAT'S APPROPRIATE

83
00:09:39.108 --> 00:09:45.667
AND IF SO WHEN CAN YOU DO SO.           SCOTT
BRETTSCHNEIDER:  MY PROBATION REPORT

84
00:09:45.667 --> 00:09:52.902
INDICATED WHAT MY FINANCIAL SITUATION WAS BACK IN
2019.  IT HASN'T GOTTEN ANY BETTER BUT

85
00:09:52.902 --> 00:10:01.173
I AM WILLING TO SEND SOMETHING TO THE COURT
INDICATING WHAT MY FINANCIAL SITUATION IS. 

86
00:10:01.173 --> 00:10:05.451
CHIEF JUSTICE RABNER:  VERY WELL.  DON'T
DO ANYTHING UNTIL YOU HEAR FROM THE

87
00:10:05.451 --> 00:10:12.623
CLERK OF THE COURT.  IS THERE ANYTHING ELSE YOU
WOULD LIKE TO ALERT US TO AT THIS TIME.

88
00:10:12.623 --> 00:10:15.343
SCOTT BRETTSCHNEIDER:  NO, YOUR HONOR. 
CHIEF JUSTICE RABNER:  COUNSEL

89
00:10:15.343 --> 00:10:18.718
ANYTHING IN ADDITION.           OLUWAKOLAPO
SAPARA:  NO, YOUR HONOR.           CHIEF

90
00:10:18.718 --> 00:10:25.417
JUSTICE RABNER:  QUESTIONS ANYONE.  THANK YOU
WE'LL TAKE THIS UNDER ADVISEMENT.  COURT

91
00:10:25.417 --> 00:10:28.417
 IS IN RECESS FOR THE DAY.