Transcript SOW(002).doc

Scope of Work and Specifications for

Transcription Services For

Military Court Proceedings Transcripts

Commanding Officer

United States Coast Guard

Legal Service Command Military Justice Division Alameda, CA 94502 NO INHERENTLY GOVERNMENTAL (IG), CLOSELY ASSOCIATED, CRITICAL FUNCTIONS OR PERSONAL SERVICES ARE INCLUDED IN THE STATEMENT OF WORK (SOW).

1. SCOPE: Contractor shall produce verbatim court-martial transcript from the military court cases. A court audio recording of the trial will be provided by the Legal Service Command, Military Justice Division.

2. CONTENTS: Each transcript is to include the following contents, in the following order:

a. TITLE PAGE (See attached enclosure for template)

b. AUTHENTICATION PAGE (See attached enclosure for template)

c. TRANSCRIPT

d. TRANSCRIPT AUTHENTICATION BY TRANSCRIPTIONIST

3. CONTENT: The transcript shall contain all words and other verbal expressions uttered during the course of the proceeding.

a. VERBATIM: No portion of the proceeding shall be omitted from the transcript. The transcript should provide an accurate record of words and parts of words spoken throughout the course of the proceedings. All grammatical errors, changes of thought, contractions, misstatements, and poorly constructed sentences should be transcribed as spoken.

b. READABILITY: Transcript text must be produced verbatim, in the English language, and free of spelling & grammatical errors; other than those referenced supra (i.e. because of the speaker’s usage of same). Punctuation and spelling shall be appropriate standard usage with one exception. No punctuation shall be used to try and convey an emotional state into the text. All exclamation points, question marks, etc. shall be omitted.

c. INDENTIFICATION OF SPEAKER: The requestor will include a list of the speakers upon submission of audio. All speakers must be properly identified throughout the transcript, initially by their full name, thereafter by the following designations or courtesy titles, in capital letters indented ten spaces from the left margin, and followed by a colon (:) and two spaces:

d. Proper Transcript: Each speaker must be identified on the Title Page.

e. Special Cases:

i. More than one speaker with same ID: In cases where there is more than one CR or TC address each new speaker with a number. Where the first is stated without a number.

1. Example: ATC & ATC2 (where more than one ATC is present)

2. Example: CDC & CDC2 (more than one CDC)

4. FORMAT: The final product must be provided in the form of a word document.

a. TYPE SIZE: Courier New (Font), font size 12.

b. NUMBER OF LINES PER PAGE: The transcription must be done verbatim and words spelled how they sounded, phonetically, on the record, line by line, of exactly 23 lines per page. Page numbers or notations cannot be considered part of the 23 lines of text. Each line will be a minimum of fifty (50) characters; not including spaces.

i. EXCEPTIONS:

1. Lines with SSEs, Pleas, and Findings are exempt from the 50 character per line requirement.

2. The last page of the transcript may contain fewer lines (less than 23) if it is less than a full page of transcription from the audio.

c. MARGINS: Typing is to begin on each page at the 1 inch left margin and continue to the 1 inch right margin. Both top margin will be 1.5 and bottom margin will be .5 of an inch.

d. SPACING: Lines of transcript text must be double spaced. With exception to the following; pleas, findings, and the sentence should be typed single spaced, indented, and in bold print. Each offense for findings of guilty should be indented separately.

e. Justification: All lines will use left Justification with exception to the following. Pleas, Findings, and the Sentence will be justified to both the left and right. All the SSEs for the changing of examinations for witnesses shall be centered.

f. PAGE SIZE: Transcript is required to be put on standard 8 ½ by 11 inch paper format.

g. NUMBERING: Each line of the transcript is to be numbered in sequential order starting from 1 and running through 23. Each page will be numbered separately and none consecutively. In the footer, on the bottom right of each page shall be numbered.

h. Standard Stock Entries (SSE): Standard Stock Entries such as the Initial identification of the MJ, TC, DC, and the Members and other parties of the trial shall be in bold print. The initial calls of witnesses, stages of examination, stages of Individual Voir Dire, Findings, Sentence, Recesses, and re-convening of the court shall also be in bold print.

i. PUNCTUATION MARKS: Use of punctuation to inject emphasis into the record shall be avoided. Hyphens may be used in a statement to indicate the following; a double hyphen (--) to show a change of thought by the speaker, a triple hyphen (---) to indicate a trailing off by the speaker, or four hyphens (----) to indicate an interruption by another individual while on the record.

j. Sessions of Court: Each new session of the court shall start on a new page and each end of a session shall be the end of the page. The record should also note the time and date of the session at both the beginning and ending of each court session. (This (court-martial)(session) was (called to order)(adjourned)(Recessed) at _______ hours (24 hour clock), (DD) (Month) (YYYY))

k. Recording Testimony: Before the testimony of any witness a SSE will be inserted indicating the stage of examination (Direct Examination, Cross Examination, Examination be the Court, etc). When a witness is first called it should also be noted as to what party called said witness (TC or DC) and that there testimony is as follows.

l. Insertion of charge sheet and convening order: At the point at which the convening order or the charge sheet is to be inserted into the record the following line will state “[THE CHARGE SHEET FOLLOWS AND IS NOT A NUMBERED PAGE]” This will be followed by a second line noted with [END OF PAGE]” in bold print and begin the text on the following page.

m. Sealed record: Any portion of the record that is to be sealed will start on a new page and the line preceding this page shall state that the record has been sealed by order of the judge. No record shall be kept of this portion of the transcript and after transcription shall be immediately destroyed. This portion of the transcript shall only be shown to those who have a need to view such material to effect their duties. After this portion of the record has been transcribed, the last line of the sealed record shall be the end of the page and on a new page it should state that the record is now public. Example SSEs;

i. At end of Open Record

1. [By order of the Military Judge, the record from this point has been sealed and the court-martial is now closed to the public]

ii. At end of Sealed Record

1. [By order of the Military Judge, the record from this point is no longer sealed and the court-martial is again open to the public]

n. untranscribable: If at any point, a portion of the transcription is unable to be accurately transcribed it should be identified as “inaudible” so USCG Legal Service Command can quickly locate the discrepancy for identification.

5. Transmittal: When sending the transcript back to the requester, the transcript (at a minimum) shall be provided via Microsoft Word document via e-mail. If the file is too large to send via e-mail, the transcript may be burned to a CD and sent to the requestor.

6. MATERIALS: The contractor shall furnish all equipment, supplies, and perform all services necessary to carry out successful transcription of record audio of court trial. The Military Court audio disc recordings will be provided to contractor for transcribing by the Legal Service Command. Upon completion of transcription, all audio discs must be destroyed and confirmation of destruction must be incorporated in the closing of the final transcript.

7. SCHEDULE OF WORK: Completion of work shall be accomplished within 10 business days after receipt of audio recordings regardless of audio length. The day of receipt shall not count against the stated deadline.

8. Bidding: Any contractor bidding for a contract for transcription under this Scope of Work shall submit a quote on a per audio hour basis.

9. Minimum and Maximums: The guaranteed minimum billable hours under this scope of work shall be 10 audio hours regardless of the actual length of audio transcribed. The maximum amount of audio hours that may be transcribed under the original contract is 84 hours. It is on the contractor to ensure that the maximum number of audio hours authorized is not exceeded and to notify the contracting office if the audio provided is greater than the maximum number of audio hours.

Contract minimum was established by using a 25 hour (10 day turnaround for transcript) estimate: 5 day court-martial that generates 1,500 pages (min.) with a rate of 3 USD per page totaling 4,500 USD.

Average number of trials 5-10 per calendar year. Each trial comprises 3 hearings (Article 32 Hearing, Arraignment, and Motions Hearing). Each hearing can range from 20 minutes to 5 hours. Using the 5 hour maximum estimate, 1 hearing, totals 900 USD. 30 hearings multiplied by 900 USD totals 27,000 USD. Grand total (Hearings and Trials combined) 47,700 USD.

10. Billing and Invoicing: Any invoice for completed transcription of audio in excess of the guaranteed minimum will be rounded up to the nearest half or whole hour of audio recordings transcribed; whichever is the lesser additional cost.

11. LAWS: The Contractor shall ensure operation within compliance of all stipulations and representations required by any Federal, State, Municipal or local laws or executive orders, or any applicable rules, orders, regulations, or requirements while carrying out the scope of work.

12. LIABILITY OF CONTRACTOR: Any damage to government property caused by the contractor shall be repaired or replaced by the contractor at no cost to the government.

13. INSPECTION AND ACCEPTANCE: The Military Justice Department of the Legal Service Command will carry out inspection and acceptance of work upon completion and receipt of transcript.

14. REQUIRED DOUMENTATION: Transcriptionist will be required to provide a completed transcript. In addition to their certification, they should also be completing pages 3-4 of the DD Form 490.

AUTHENTICATION OF RECORD OF TRIAL

Tried by a General Court-Martial with members and a military judge.

I have reviewed the foregoing Record of Trial in the case of United States v. SN John A. Smith and hereby authenticate this record, in accordance with R.C.M. 1104(a).

_____________________ _______________________, 2019

Joseph A. Judge

Captain, USCG

Chief Trial Judge

I have reviewed this General Court-Martial’s Record and all proposed edits have been either attached or made to the Record in accordance with R.C.M. 1103(i).

_____________________ _______________________, 2019

Jill I. Prosecutor

Lieutenant Commander, USCG

Trial Counsel

_____________________ _______________________, 2019

Samuel S. Defender

Lieutenant, USN, JAGC

Detailed Defense Counsel

CERTIFICATE OF TRANSCRIPT

I, the undersigned, hereby certify that the foregoing ## pages are a true and faithful transcript of the proceedings recorded by a digital recording device and transcribed to the best of my skill and ability.

Date:

(Signature)

FULL NAME OF TRANSCRIBER

COMPANY

SEALED RECORD

MJ: Our last motion that we need to take up today is the potential for evidence to be admitted under M.R.E. 412 and I’d like to ask that any nonessential parties please clear the courtroom for us to litigate the 412 motion. Thank you.

[All nonessential personnel did as directed.]

SVC: Your Honor, SVC doesn’t object to the presence of LT Denn who is also an SVC.

MJ: Okay, thank you. Do parties for either-- everyone concurs the courtroom has been cleared and only essential parties that remain present for the litigation of this motion, is that correct trial counsel?

TC: That is correct, Your Honor.

DC: Defense agrees.

MJ: Thank you. SVC?

SVC: Yes, Your Honor.

MJ: Okay. So, as we discussed

MJ: Well, that will be for the members to decide.

DC: Yes, Your Honor, exactly.

MJ: Yes.

DC: Thank you nothing further.

MJ: Thank you. Anything further trial counsel?

TC: Not from the government, Your Honor.

MJ: Okay. LT Jacobsen, anything further, as SVC on this matter?

SVC: No, Your Honor.

[END OF PAGE]

CERTIFICATE OF TRANSCRIPT

I, Andres A. Valverde, do hereby certify as follows: That the foregoing is a transcription of the General Court-Martial proceedings in regard to SAYN Jose Padilla, USCG, held 15 August 2018 in Alameda, CA; that this transcript was prepared by me from audio recording from the hearing and that this said writing is a true and correct transcript from the proceedings according to the best of my knowledge; that I am not related to or associated with any party to this matter, nor financially interested in the outcome hereof.

Given under my hand on 19 October 2018 at Base Alameda, CA.

(Signature)

YN2 Andres A. Valverde, USCG

MJ: Right. Understood.

Thank you very much. I appreciate it.

DC: Yes, Your Honor.

[By order of the Military Judge, the record from this point has been sealed and the court-martial is now closed to the public.]

[END OF PAGE]

[By order of the Military Judge, the record from this point is no longer sealed and the court-martial is again open to the public.]

MJ: Okay. So, as previously noted we have till 5 November for trial. I can’t give a-- I have a couple of other cases I have to issue rulings on where trial comes sooner so I’ll attempt to give my rulings to you on these matters as soon as possible but ones that I owe you a ruling on are with regard to the unreasonable multiplication of charges and the 412 as it pertains to all-- I’ll cover all aspects of different parties motions in one ruling, with regard to the admissibility of any of that evidence.

GENERAL COURTMARTIAL

UNITED STATES COAST GUARD

THE UNITED STATES )

V. )

SN JOHN A. SMITH, USCG )

HELD ON

12 APRIL 2019

BEFORE

CAPTAIN JOSEPH A. JUDGE, MILITARY JUDGE

AT

ALAMEDA, CALIFORNIA

PRESENT:

TRIAL COUNSEL (TC): LCDR JILL I. PROSECUTOR

ASSISTANT TRIAL COUNSEL (ATC): LT TONY G. COASTIE

DEFENSE COUNSEL (DC): LT SAMUEL S. DEFENDER

CIVILIAN DEFENSE COUNSEL (CDC): MR. CIVI L. IAN, ESQ.

SPECIAL VICTIMS COUNSEL (SVC): LT VICTIM G. COUNSEL

COURT REPORTER (CR): YN2 COURT Y. REPORTER

ACCUSED (ACC): SN JOHN A. SMITH

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