Transcript of Sentencing as to Stephanie Stockwell held on October 11, 2022, before Judge William G. Young. Court Reporter Name and Contact Information: Richard Romanow at bulldog@richromanow.com The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 11/9/2022. Redacted Transcript Deadline set for 11/21/2022. Release of Transcript Restriction set for 1/17/2023. (Coppola, Katelyn)
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For Hearing Before:
Judge William G. Young
Sentencing
United States District Court
District of Massachusetts (Boston.)
One Courthouse Way
Boston, Massachusetts 02210
Tuesday, October 11, 2022
********
REPORTER: RICHARD H. ROMANOW, RPR
Official Court Reporter
United States District Court
One Courthouse Way, Room 5510, Boston, MA 02210
bulldog@richromanow.comPage 2 2
A P P E A R A N C E S
SETH B. KOSTO, ESQ.
United States Attorney's Office
One Courthouse Way, Suite 9200
Boston, Massachusetts 02210
(617) 748-3230
E-mail: Seth.kosto@usdoj.gov
For the United States of America
GAIL SHIFMAN, ESQ.
Law Office of Gail Shifman Fillmore Street
San Francisco, California 94115
(415) 551-1500
Email: Gail@shifmangroup.com
for the defendantPage 3 3
P R O C E E D I N G S
(Begins, 10:30 a.m.)
THE CLERK:
Now hearing Criminal Matter 20-10098,
the United States of America versus Stephanie Stockwell.
THE COURT:
Now good morning.
This is a
sentencing under 18 United States Code Section 3553(a),
and would counsel please identify themselves.
start with the government.
MR. KOSTO:
We'll
Good morning, your Honor, Assistant
United States Attorney Seth Kosto appearing on behalf of
the government.
MS. SHIFMAN:
Good morning, your Honor, Gail
Shifman on behalf of defendant, Stephanie Stockwell, who
is present to my right.
THE COURT:
MS. SHIFMAN:
THE COURT:
Yes, your Honor.
Ma'am, have you read the presentence
report that has been prepared in your case?
THE DEFENDANT:
THE COURT:
May I
address her about having read the presentence report?
And good morning, Ms. Shifman.
I have, your Honor.
And have you talked it all over with
your counsel?
THE DEFENDANT:
THE COURT:
THE DEFENDANT:
I have, your Honor.
And do you think you understand it?
I do, your Honor.Page 4 4
THE COURT:
Nothing's been withheld from the
presentence report under the rules of criminal
procedure?
PROBATION OFFICER:
That's correct, your Honor.
THE COURT:
Sentencing in this session of the court proceeds
Very well.
in four steps.
The first three steps are largely
arithmetic.
highest sentence that would be open to the court under
Excuse me.
And first I calculate the
the Constitution.
imposed for offenses of this sort.
calculate the sentencing guidelines as required by the
law.
that I go through, I ask you to interrupt me and I will,
um, seek to address it at that time.
Then I consult the average sentences
Third, I accurately
If anyone would differ from any of the arithmetic
I understand that there are victims who wish to
speak?
MR. KOSTO:
There are, your Honor, David and Ina
Steiner are both in the courtroom this morning and would
like to speak.
THE COURT:
And that is their right and the Court
would be happy to entertain that.
And the order, we'll
do the arithmetic, the victims will speak, and then
we'll turn to counsel.
I'll hear from the defense, I'll hear from Ms. Stockwell
I'll hear from the government,Page 5 5
if she wishes to be heard from.
MS. SHIFMAN:
Thank you, your Honor.
MR. KOSTO:
Thank you, your Honor.
THE COURT:
That's how we'll proceed.
This Court considers that the highest sentence in
our quasi-determinate sentencing system which it might
impose is the top of the applicable guideline range
without regard to any, um, mitigating factor, subject of
course to the statutory maximum.
In this case, without the discount for the --
without the discount for the guilty plea, that would
take the level to a level -- excuse me.
Yes, that would take it to a Level 22, the top of the
applicable guideline at this criminal history is 51
months, that is within the statutory range and that is
the highest sentence the Court could impose.
MS. SHIFMAN:
THE COURT:
MS. SHIFMAN:
I misspoke.
Your Honor, if I may?
You may.
Thank you.
We filed an objection to
the two-level increase for a pattern of activity, um, as
applicable to each victim group.
spend too much time on it, your Honor, it's contained
within our memorandum.
THE COURT:
I don't want to really
I've read your memorandum and this is
absolutely the time to raise it because it really willPage 6 6
affect the calculation which I must make and that drives
the highest possibility.
possibility is somewhat academic, I'll hear you.
Now while the highest
MS. SHIFMAN:
Thank you, your Honor.
Your Honor, we don't believe that the pattern of
activity enhancement is applicable to Ms. Stockwell for
the following reasons.
offense is exactly what the two-level increase for
pattern is attempting to enhance the guidelines, we
Her course of conduct in this
believe it's double-counting.
Ms. Stockwell's role in the offense and what was
reasonably foreseeable to her and to her actual
activities in this offense, we do not believe that there
is the extended pattern of activity that the First
Circuit itself would define as making this guideline
applicable.
And based on
Ms. Stockwell, um, has fully accepted
responsibility for her conduct in this offense and what
she did was, um, participate on occasion at the
direction of her immediate supervisor, Jim Baugh, in the
sending of harassing deliveries to the victims here.
That occurred at his direction and generally and usually
at his selection of what to send on a couple of
occasions over the course of, for her activity, about
one week.
And at the time of the offense, Ms. StockwellPage 7 7
herself was not aware of the activities of others in the
case, though she did, and I don't want to misrepresent
this, she did understand that harassing deliveries were
being sent to the victims here.
With regard to the obstruction, Count 2, she has
admitted her role in that offense, and pled guilty to
it, and her obstructive conduct is not a separate, um,
course of conduct within the harassing cyberstalking
statute that we believe is applicable for this
enhancement.
along with what we contained in our memo.
With that I will submit it, your Honor,
THE COURT:
Thank you.
I should have said that I
have read all of the materials that have been submitted.
Mr. Kosto, what do you say?
MR. KOSTO:
Firstly, your Honor, with both the
government and Ms. Stockwell, um, submitting
recommendations that, for reasons you'll hear and have
read about, are substantially below the otherwise
applicable guidelines in this case, we don't think it's
one that the Court needs to reach, whereas in other
cases in this group there will be full briefing and a
record on this.
to calculate the guidelines correctly in every case,
looking at the pattern of activity enhancement under
(a)(6.2)(B)(i)(e), it applies when the offense involves
But since the Court has an obligationPage 8 8
a pattern of harassment, stalking, and threatening, and
the definition in the application notes of a pattern of
activity is given as an example, an instance of
harassment accompanying by an instance of stalking,
essentially accompanied by an instance of threatening,
which is exactly what the conduct entailed here, there
were packages, there was surveillance, and there were
threatening messages.
participant in each of those things or the offense to
Ms. Stockwell need not be the
involve that pattern.
brainstorming and sending of the harassing packages and
was aware that surveillance was ongoing as she prepared
paperwork that would support the surveillance team in
case they were pulled over by the police.
She did participate in the
So under those circumstances the application note
gives the sense that probation got it correctly here.
And I think just as a practical sense, an offense that
involves three different kinds of harassment, stalking,
and threatening, is a more serious one and certainly
more serious, as the Court will hear.
experienced it, each of those kinds of harassment,
stalking, and threatening amplified the other.
when the packages are arriving and then a threatening
message comes and says, somewhat vulgarly, "Did you get
my gifts?"
As the victims
And so
It enhances the fear that the victimsPage 9 9
experience.
to punish a multipronged campaign more seriously that
one that involves one kind of harassment.
So under those circumstances it makes sense
THE COURT:
The Court so rules, the objection is
overruled, and the enhancement is part of the
calculation here.
I said that I look at the publicly-available
databases.
um, sentenced for the, um, conspiracy to commit
cyberstalking, but the United States Sentencing
Commission has a very helpful computer program that
gives me the average sentences nationwide for those
offenders in Criminal History Category 1 who have
committed that crime, and the average -- there are 42
such offenders and the average length of imprisonment
has been 30 months.
This is the first time that this Court has,
Now the Court turns to calculating the sentencing
guidelines, as it must, and as the law requires.
The base offense level here is 18.
The Court does
enhance by 2 levels considering the totality of the
circumstances.
because Ms. Stockwell was a minor participant.
Court adds in two levels again for obstruction of
justice.
The Court however goes down two levels
The
To give an adjusted offense level of 20.
Count 2 works out exactly the same way.
So eachPage 10 10
count has an adjusted offense level of 20, which results
in increasing the total combined offense level to 22.
The Court then goes down three levels to 19
because of the guilty plea.
So that gives us a range of -- under the
guidelines of 30 to 37 months, a period of supervised
release of not less than 1 nor more than 3 years, a fine
of not less than $10,000 or more than $100,000, and
there must be a $200 special assessment.
THE COURT:
Are the guideline properly calculated
in the eyes the government?
MR. KOSTO:
Yes, they are, your Honor.
THE COURT:
And, Ms. Shifman, I understand you
take issue with it in the manner that we've discussed.
I've overruled that and saved your rights.
Is there anything else that I should consider in
making the guideline calculation?
MS. SHIFMAN:
THE COURT:
No, your Honor.
Very well.
All right, those are the
guideline calculations.
And I am certainly open to hearing from the
victims.
MR. KOSTO:
Thank you, your Honor.
Ms. Steiner will speak first.
THE COURT:
Yes.
It looks likePage 11 11
MR. KOSTO:
(Pause.)
THE COURT:
Thank you.
You don't have to stand, this business
of standing is a convention in the court, but I've been
in courts where they don't, and you are welcome.
MR. STEINER:
THE COURT:
Neither one of you need stand, though
you are welcome to stand.
He suggested that Ms. Steiner would speak first,
but I don't care if you want to --
MR. STEINER:
THE COURT:
MR. STEINER:
Much appreciated.
No, sir, I'd like to speak first.
You may.
Thank you.
My name is David
Steiner, I'm Victim Number 2.
I admit that of all the victim impact statements
that I've written to date, this has been one of the most
difficult.
I understand youthful ignorance, I realize it is
not fair to judge a person by their worst day.
That
said, Defendant Stockwell had a lot of bad days in 2019.
Not only did she fully conspire to threaten and harass
Ina and myself, but she also helped prepare a fake
dossier which painted us as "persons of interest" to
present to police in the event they were caught
surveilling us.
She prepared a list of innocent peoplePage 12 12
to pin the teams' crimes on.
continued even after her fellow defendants were caught.
She accepted $5,000 from Jim Baugh to mislead
investigators.
incomprehensible, and dangerous.
better?
obviously harmful and illegal group think shows an
absence of any type of moral compass.
Her bad decisions
Her actions were egregious,
Absolutely.
Should she have known
To willingly go along with this
There was a victim on the other side of the
threatening texts and disturbing deliveries that you
sent, one of the most compassionate, caring people you
could ever hope to encounter.
to become my wife and has made me the most fortunate
person I know.
years ago she agreed
This is who you attacked.
Not only did you threaten and intimidate a
dedicated journalist whose sole mission was to help
online sellers, the customers of the very corporation
you've worked for.
changed the most precious person in my life.
You've wounded and unalterably
At one time I could make Ina laugh until she could
barely catch her breath, I loved to entertain her so
that I could hear that infectious laugh.
heard it in more than 3 years and I miss it.
something you have stolen from me.
I haven't
This is
You made some very bad choices in your life soPage 13 13
far.
choices were acceptable, but every day that we deal with
the fallout from your choices was another day that's
been stolen.
becomes more valuable with age.
the rest of my life on this planet hating you or even
thinking about you, I want to spend it surrounded by the
people I love without the specter of your despicable
crimes hanging over me.
You may have been groomed to believe that these
You may not appreciate it yet but time
I don't want to spend
I'm not at a place yet where I can forgive.
I
hope to be someday, not for your sake, but for others
and mine.
healed.
Maybe that's when I'll know when I've fullyBut that's a long way off.
This is a time for accountability as the Court
sees fit.
Court imposes, that in the not-to-distant future Ina and
I can look back and feel that we got a bit more closure
and you can look back and see that it was fair.
accept responsibility for your actions and come out a
better person is all on you.
I sincerely hope that whatever sentence the
To
I want to thank the Court for listening and
considering my words.
THE COURT:
Ms. Steiner.
MS. STEINER:
Thank you, sir.
Thank you, your Honor.
Can you hearPage 14 14
me?
THE COURT:
MS. STEINER:
I can.
My name is Ina Steiner, I am Victim
.
Every day I deal with the fallout from what
happened to me in 2019 and today is one more challenge.
Like everything about this situation I have more
questions than answers including about the people who
participated in the campaign.
According to the government affidavit, defendant
Stockwell created false dossiers painting David and
myself as threats to eBay executives.
disturbing and threatening deliveries to our home and
was aware of the terror she was inflicting.
She sent
On August 20th, 2019, co-defendant Jim Baugh sent
defendant Stockwell a recording of one of our frantic
calls to the Natick Police with a note, "A little
glimpse of what all your hard work has led to."
same day Baugh sent Stockwell a link to a movie in which
a character arrived at a home unannounced and says, "I'm
here for the gang bang."
messaged Stockwell, "We've burned two of our rental cars
by following them, now they are seeing ghosts thinking
everyone is following them and they call the police
every 10 minutes," referring to us.
The
And later that day BaughPage 15 15
Two days later Baugh told Stockwell, "The cops
traced the gift card from the pizza delivery back to the
Safeway in Santa Clara.
emotional distress we were experiencing and that there
was a criminal investigation by the Natick Police.
Defendant Stockwell knew the
At 25 years old she was inexperienced, she was
also the manager of eBay's global intelligence center
making $120,000 a year.
analyst in her department for refusing to participate in
She fired an intelligence
the scheme to terrorize us.
caught, obstructed the investigation, had sexual
relations with her former boss, and accepted a $5,000
cash bribe from him in exchange for lying to federal
prosecutors.
deemed fit to recommend 0 prison time for a defendant
who committed cruel crimes, obstructed the
investigation, and then lied directly to federal
prosecutors.
consequences of her actions?
I was stunned that the prosecutor's office
What message does that send about the
I wish I was --
THE COURT:
MS. STEINER:
THE COURT:
MS. STEINER:
Defendant Stockwell, when
What do you recommend?
Pardon me?
What do you recommend?
Your Honor, this is the 4th
sentencing hearing that I've attended and had to give aPage 16 16
victim impact statement to, it's the first where a
defendant was not recommended prison time.
Excuse me.
David and I had had many conversations and we
never can calculate what the right sentence should be.
prison time for somebody who did this, I just don't
know what message that sends to people.
is just a growing problem and they need to know that.
And I don't know because I don't have -- I didn't even
-- I wasn't even allowed to see the sentencing
Cyberstalking
recommendation memoranda.
Defendant Stockwell's sentencing memorandum was
filed this morning, so I don't know who this person is.
You have much more insight.
answer your question, your Honor.
THE COURT:
MS. STEINER:
THE COURT:
So I think that might
It does indeed.
Okay, thank you.
And I have read everything and I
appreciate what you say and I say in all candor, in
every sentence that this Court imposes I do not know
with precision the appropriate sentence.
difficult responsibility.
don't think it should be a no-jail time sentence and it
was only for that reason that I interrupted.
very candid and helpful response.
It's a
You made the point that you
It is my responsibility.
That's a
I can tell you I take itPage 17 17
very seriously.
Please go ahead.
MS. STEINER:
I thank you, your Honor, and I would
not want to be in your chair this morning.
I wish I was a detached observer, someone reading
an article in the newspaper instead of a victim standing
before you today deeply traumatized by what the
defendant did to my husband and me.
Thank you so much, your Honor.
THE COURT:
Thank you.
THE COURT:
Mr. Kosto, I'll hear you.
I have read
everything that's before me.
satisfactory to the government you have, as has the
defendant, filed your sentencing memoranda under seal.
I'll respect that in anything I say.
in mind when you argue.
Do you understand?
MR. KOSTO:
For reasons that are fully
I do, your Honor.
So let's have that
We placed a
redacted version of the government's sentencing
memorandum on the dockets that explains the rationale
for the sentence in large part, but it should be
available to the public.
THE COURT:
in that form.
And since you've done that, it will be
I'll hear you.
MR. KOSTO:
Thank you.
And I guess the first question, your Honor, isPage 18 18
that the government did file the motion in connection
with that submission.
and then speaking --
May we assume that it's allowed
THE COURT:
The motion is allowed.
MR. KOSTO:
Thank you.
So, your Honor, the government is asking the Court
to impose a sentence of 2 years probation with the first
year to be served in home confinement in the Northern
District of California and the required $200 special
assessment.
THE COURT:
A fine?
MR. KOSTO:
I'm sorry?
THE COURT:
A fine?
MR. KOSTO:
The government is not seeking a fine
in light of the financial condition described in the
presentence investigation report --
THE COURT:
Thank you.
MR. KOSTO:
-- which appears to show that the
defendant does not have an ability to pay a fine.
THE COURT:
Thank you.
MR. KOSTO:
This is a crime, your Honor, that
started behind a keyboard from 3,000 miles away.
It
wasn't violent in the sense of many cases that come
before the Court for sentencing, but it had the same
kind of effect on the victims who you've just heardPage 19 19
from, and I think it's plainly apparent that it gave
them real-world symptoms, nausea, sweating, fear of the
loss of a loved one.
There were moments in this case that had been
described to the government that include, um, the
victims putting a pile of dish ware and things that make
noise up against the back door of their home while this
was all going on so that if someone attempted to break
in they would know about it and be able to take steps.
The consequences of these actions do linger to this day,
I'm sure you've heard it in the victims's voices as they
address the Court.
What was needed in this case, your Honor, was a
speck of decency when this all started, the recognition
that people want to be treated or should be treated in
the way that they want to be treated themselves,
notwithstanding the fact that a lot of this took place
online.
technology has in our lives.
culpability in this case, each of the defendants,
including Ms. Stockwell, failed the victims and broke
the law.
That's an illustration of the power that
And at every level of
What we're trying to do in these sentences and
these recommendations, your Honor, is assess the level
of culpability of each of the defendants and provide orPage 20 20
recommend a sentence that has sanctions but still
acknowledges where they fall within the gamut of
responsibility.
THE COURT:
I respect that.
I have -- and you're
framing it, as of course you must, with respect to the
cyberstalking statute.
in reading all these materials that here we have
indisputably corporate agents, however illegal and
misguided, trying to suppress speech, that is the goal.
I have to say that I was struck
I mean correct me if you think -- yes, I think this case
has implications that go well beyond the harm to these
victims and the wisdom of the Congress in enacting a
statute which is consonant with today's reality.
But I am struck that here they -- and I'm not
making any choices about who was indicted or any
reflections, it's not before me and I do not speak to
it, I speak only to the people -- to the person -- to
the persons that are before me, and of course I have
knowledge of the others indicted.
here was to suppress a precious right.
But the whole idea
Are you going to address that?
MR. KOSTO:
We did in our memorandum, your Honor.
The idea that the Steiners were targeted for the content
of eCommerce speech is something that adds to the
seriousness of the offense.Page 21 21
THE COURT:
I would say so.
MR. KOSTO:
The mechanism that was chosen, I think
we've said, is abhorrent to First Amendment values, the
content of the messages.
fill in vulgarity at the appropriate moment.
reach the conclusion, whatever the defendants were
saying at the time, about "Oh, there's a security risk
here," that they were out to change the content of what
the Steiners were writing about eBay.
"No more posts about eBay,"
One can't
That enhances the
seriousness of the offense.
But the Court does need to, I think appropriately,
try to -- and I should say that absent the motion we
filed and absent some of the factors that Ms. Shifman
has highlighted in her memorandum, this would
indisputably be a prison case.
recommended in each of the four sentencings that have --
excuse me, in each of the three sentencings that have
taken place and will recommend it in some of the
sentencings that follow, that a custodial sentence would
be appropriate.
And we have so
Judge Saris responded to a request of home
confinement in the Harville case a few weeks back with a
defendant who was significantly more culpable than
Ms. Stockwell by characterizing that request as "widely
inappropriate."
But what we're trying to do with thePage 22 22
benefit of the motion we filed for Ms. Stockwell is to
thread a needle that addresses the range of conduct and
that starts with Mr. Baugh, who received a 57-month
sentence from Judge Saris.
dispute across -- from the victims, from the government,
from Ms. Shifman, from the other defense lawyers in the
case, that Mr. Baugh was disproportionately culpable, he
was the motivating force and originator of the conduct.
And although the government isn't familiar with the
I don't think there's any
specific anecdotes that Ms. Shifman describes in her
memo about how Mr. Baugh ran the Securities Department,
it's consistent with the government's understanding of
how Mr. Baugh ran the Securities Department at eBay.
he's in a spot that the Court can look at for relative
culpability.
So
There's a group of defendants that the government
would, um -- a list to include Ms. Popp, who the Court
will sentence later today, Mr. Harville, the former
military police officer, and Mr. Gilbert and Mr. Cook,
two former police captains with decades of experience in
law enforcement who form the middle range of
culpability, and they've received sentences of between
and 24 months, with Mr. Gilbert pending sentencing
and a guideline sentencing range anticipated to be 30 to
months.Page 23 23
And then in the next group, your Honor, we have
Ms. Stockwell and Ms. Zea, who this Court will sentence
in November as well, the newest of the employees at
eBay, ones who, in the government's assessment of the
conduct were dispatched to do things and told to do
things and does them.
culpability, it mitigates it.
told, "Go to BestBuy, buy a computer, pay cash," and
that computer is then used to send the harassing
It doesn't eliminate their
So if Ms. Stockwell is
messages, "Send me a license plate for the victim's
car," "Make me a document that label the Steiners as a
security threats," "Send these deliveries," "Stop these
deliveries," "Start them again," you get a sense for
where this defendant falls within the range of the
defendants involved in the conspiracy.
Ms. Stockwell knew what this was for, I think the
Steiners alluded to the audio recordings and the videos
that Mr. Baugh was peppering his co-defendants and
co-conspirators with, it was understood what the
harassment was for.
and Ms. Zea, you have two other individuals that the
government has alluded to named "Analyst 1" and "Analyst
" who quit and got fired rather than participate,
rather than do what they were told.
And then even beneath Ms. Stockwell
With the benefit of the motion we've filed, yourPage 24 24
Honor, where we come down with -- where we come down on
Ms. Stockwell is that a noncustodial sentence is not
appropriate, but that a straight probationary sentence
similarly or relatedly minimizes the outside impact that
her conduct and the conduct of her co-conspirators had,
however she was motivated.
serious enough to merit some lesser deprivation of
liberty.
I mean some crimes are
It's a legitimate question, in the absence of the
motion the government's filed, why the government would
not be seeking a custodial sentence.
with Ms. Shifman in that we think some sanction, some
deprivation of liberty in the form of home confinement
that recognizes Ms. Stockwell's unique -- relatively
unique role in the crime and her physical and mental
health and that, um, those factors role in the crime,
um, that would be a sentence that would allow her to
work, that would allow her to address those mental and
physical needs, that would allow her to continue to
engage in community service, but would not be the least
of the sanctions that the Court could impose.
at bottom, your Honor, this is not a case in which any
defendant should be receiving the least of the sanctions
the Court could impose whatever well-earned benefits the
defendant did receive as a result of her actions
We differ slightly
BecausePage 25 25
following, um, her involvement coming to light.
THE COURT:
Thank you.
MR. KOSTO:
So those are the reasons, your Honor.
THE COURT:
Thank you.
Ms. Shifman.
MS. SHIFMAN:
THE COURT:
Thank you, your Honor.
And again your memorandum is under
seal and I respect that.
MS. SHIFMAN:
But I thank you for it.
Your Honor, I believe there's also a
redacted memo on the public record.
So thank you for this opportunity.
On behalf of
Ms. Stockwell, I want to first begin by saying that what
happened in that unit, that security unit at eBay and at
eBay generally was despicable.
Ms. Stockwell, her individually, a heartfelt
understanding and complete distress at the harm that was
caused to Mr. and Mrs. Steiner individually,
collectively, and that they have to experience still
today.
THE COURT:
There is on behalf of
Well when did she come to that
realization?
MS. SHIFMAN:
Your Honor, what makes, um,
Stephanie -- if I may call her "Stephanie"?
What makes
her unique in the context of this crime is that -- and
I'm going to lay out who she is individually, herPage 26 26
characteristics, is that she suffers from a neurological
disability, autism spectrum disorder.
At the time that she worked at eBay, um, when she was
, she had not yet been diagnosed with that disability.
She also suffers from mental health disorders, ADHD, an
anxiety disorder, and a depressive disorder.
She is autistic.
She knew that something was wrong with her, she
masked it, she mimicked others, she followed directions,
she acted while at eBay in accordance with the
characteristics of someone who suffers from autism.
at that time did not have the mental wherewithal, if you
will, to be able to resist the grooming and predatory
actions of Jim Baugh and Stephanie Popp.
Jim Baugh --
THE COURT:
Wait.
Wait a minute.
She
If that were
all so, then under the guidelines there are bases for
reducing the sentence.
here.
despicable, but I'm starting with the -- I'm starting
with the proposition that she had the mental wherewithal
to form the necessary intent to commit the crimes of
conspiracy.
I recognize what's been said
But on the one hand you say the conduct is
Are you saying she didn't have it?
MS. SHIFMAN:
No, I'm not, your Honor, I don't
believe that it rises fully to the level of a defense.
If I believed that we would not have come forward toPage 27 27
plead guilty, she would not have come forward to reveal
her participation in the offense.
that, um, under the sentencing statute, 3553, that these
are factors that are highly-mitigating, they offer
unique characteristics.
And I do believe
And since the commission of this offense -- and I
will say, your Honor, that when I first met
Ms. Stockwell and had the opportunity to interview her
and watch her answer questions, I realized in short
order that something was amiss.
obtaining her full diagnosis began.
been diagnosed, she has, on her own, without Court
order, undertaken an extensive exploration of what this
disability means for her individually and the best path
to ensure that she never finds herself incapable, in an
environment like eBay, not to walk away and do the right
thing.
That is how the path to
And since she has
And at the time Ms. Stockwell was operating as
someone with autism might, which is to look around, see
what others were doing, try to just mimic what they were
doing and follow orders.
it was criminal, she understands that she should have
made other choices and she deeply regrets that she
wasn't doing that at that time.
I'm not saying it was right,
And in short order, um, she began the process andPage 28 28
-- which continues to today, and you've seen that in the
letter of Dr. Martin, which is our first, Exhibit B, and
also in the psychological report of Dr. Walsh, which is
our sealed Exhibit A, that she has undertaken every
necessary step to ensure that she remains a good citizen
and a significant contributor to the community.
And I think it is clear when you read not only the
psychological reports and the letter -- and the letters
from her family, but also when you read the two letters
of her direct employers, she was lucky enough within the
last year to finally find employment, and the CEO of her
company and her direct supervisor write about
Stephanie's "moral compass," how she has from the
inception, during the first interview, revealed what she
did in this case to ensure that she was being honest and
making full disclosures and ensuring that she brought no
harm to her employer, those people she worked with, or
any of the customers or clients of the company
themselves.
She is today a completely different person than
she was in 2019.
In the last three years she has
undergone a post-offense rehabilitation the type or the
sort that the Court would hope for at the conclusion of
a sentence, but she has done that on her own prior to
sentencing.Page 29 29
It is appropriate here, we believe, and that's why
she pled guilty, that this criminal offense follows her
around, it is a lifelong, um, stigma, it will infect her
for the rest of her life, but it also enabled her to
make the kinds of changes that we want for people living
in the community.
Ms. Stockwell for the last three-plus years, that her
heart felt remorse for her actions that contributed to
this offense and its impact on the Steiners.
I know, from representing
Jim Baugh ran a predatory department and he was a
predator directly to Stephanie.
her to psychological terror in the running of the
department itself claiming that they were doing armed
and active shooter drills on a regular basis, subjecting
them to psychological breakdown and rebuilding, telling
them they were worthless if they couldn't keep up, but
he also lured her into a -- I'm just going to say what
it was, unconsentual sex on a number of occasions,
including doxing her drink in order to have sex with her
and calling himself her "Dad" as well.
her disability and mental health disorders, at the time
it was just too much.
He not only subjected
For someone with
Would that happen to Stephanie today, would she
participate?
No, she would not.
She is in a completely
different understanding of how she needs to reach forPage 30 30
help, both doing active work herself and reaching to
those she knows support her so that she doesn't find
herself in this position again.
We believe that under 3553, in addition to the
offense, in addition -- and we appreciate everything
that Mr. and Mrs. Steiner said today, and we understand
it.
characteristics, the collateral consequences, the post-
offense rehabilitation, her need to continue her journey
We do.
But we believe, given her unique
to ensure her stability, both with her disability and
her mental health disorders, her need to and her desire
to contribute to the community as an alternative
sanction for community service work, that the lack of
need for specific deterrence -- I don't think anyone
thinks that Stephanie will find herself in a criminal
law position ever again, but also as a general
deterrence for someone like Stephanie who is
intelligent.
Her autism --
THE COURT:
Well I would think that this is a case
that cries out for general deterrence.
MS. SHIFMAN:
Yes, your Honor, and there is that
deterrence.
By the fact that despite her disability and
despite her mental health disorder and despite her
significantly more, compared to the other conspirators
role, and her minor role in the offense, that she willPage 31 31
carry the burden of two felony convictions for the rest
of her life.
It has impacted her employment opportunities and
she's a young woman who needs to work, she needs to be
able to financially support herself, and she carries
that, and that is a large general deterrent to those who
might encounter the rogue predatory actions of a
corporate agent and its direct supervisors.
think the combination of that, um, and all the other
And we
factors we've raised in our sentencing memo, mitigate
substantially here for a probationary sentence.
And that if the Court is contemplating any home
confinement, that it be a lesser amount of time than
what the government recommends.
of home confinement would be detrimental to her mental
health and to her abilities to properly care for --
THE COURT:
How so?
We believe that a year
That seems a rather sensitive
recommendation to me.
medical appointments, attend religious, um, expressions,
um, and take care of the necessities of life, one would
think that that was a very sensitive sentence.
MS. SHIFMAN:
If she's able to work, attend
And we appreciate the recommendation
of the government, your Honor.
One important part of her treatment plan includes,
um, strenuous physical activity in the outdoors, in thePage 32 32
open space, for her well-being, and I believe that a
home confinement sentence, if it's imposed, your Honor,
we would ask that that be allowed as a part of her
treatment plan, with the prior approval of the probation
department, because if that is not included, we believe
that would be detrimental to her physical and mental
well-being.
THE COURT:
I understand, that's a little
different.
Thank you very much.
MS. SHIFMAN:
THE COURT:
Thank you, your Honor.
Ms. Stockwell, you have the right to
talk to me directly.
You're not required to.
want to, I'll hear you now.
THE DEFENDANT:
(Stands at podium.)
THE DEFENDANT:
Thank you, your Honor.
Thank you, your Honor.
If you
Thank you.
If I need
to speak up, please let me know.
THE COURT:
I can hear you.
THE DEFENDANT:
Your Honor, my involvement in these events and my
Okay.
conduct during the investigation are, without a doubt,
the lowest points in my life.
shame and guilt at my actions (cries.) for the impact
that this has had on my family and my loved ones, and
I am overwhelmed withPage 33 33
for most of all, um, how my part in these events, in the
actions of the people that I worked with, affected
Mr. and Mrs. Steiner.
in -- (cries.) I'm sorry, they ranged from immature to
cruel, and at the time I didn't consider the weight of
those actions and the undeniable impact that they've
had, um, and for this I'm so so sorry.
The actions that I took part
When I found out the full extent of what
Mr. Baugh, Ms. Popp, and others had planned and done, I
was appalled.
I realized that this is not just pranks
to distract from the publishing of a blog, um, as had
been originally described to me, um, and in which I
originally believed about it, it was in fact stalking
and harassment, and, um, through my actions and
involvement I helped make that happen.
When I read the initial draft of the Steiners's
victim impact letters, um, describing everything that
they endured and their terrible experience in that time
in August, I got physically nauseous and sick to my
stomach reading some of the messages that they had been
sent, um, and just thinking about what those actions had
put them through and the impact that this has had on
their lives.
and I'm not sure that my apology to them will be either.
But may I address them?
I don't think that my words will be enoughPage 34 34
THE COURT:
You may speak in the courtroom, of
course.
(Turns around.)
THE DEFENDANT:
I'm so so sorry for the impact
that this has had on you, for my actions, and my
thoughts go out to you for what happened on this.
No
one deserves to go through what both of you have.
And I
know it can't be easy for you to have to relive this
over and over again.
And I hope that you're able to get
through this with some closure and get the peace that
you need.
(Turns back.)
THE DEFENDANT:
This offense, the charges, and
everything that has happened has truly shaken me to my
core in the past three years, there hasn't been a day
that this hasn't weighed on my mind and my conscience,
um, it has impacted every aspect of my life and is going
to shape much of my future as well.
greatly with my actions and my involvement is this case,
I have had to come to terms with the fear and suffering
I've caused people I've never met, um, who did nothing
wrong, and that guilt is something that I will always
have.
how I came to be involved in cyberstalking, harassment,
and obstructing justice, um, as my actions and conduct
I have struggled
I have also struggled and worked to understandPage 35 35
in 2019 are so far from the person that I want to be.
Therapy has been immensely helpful in processing this
and making meaningful changes.
Another huge key in coming to terms with this came
with my diagnosis of autism in early 2020.
While it
didn't come entirely out of the blue, I hadn't really
thought about the potential that I might be autistic too
much, I didn't understand what it meant and how it could
impact me, and I want to share this here as not an
excuse, because there's no excuse for any actions, but
to hopefully provide some context, um, because better
understanding my autism and the limitations that come
with it have made me better equipped to make the
significant life changes that will help to make sure
that I'm never in this situation again.
I've learned that autism for me it makes my social
cognition, my ability -- excuse me, um, (Cries.) to read
between the lines, um, to understand the motivations of
others, and to understand unsaid information or cues
very difficult.
understanding what limitations I have, as a result I
generally accepted what people told me at face value.
It didn't occur to me that someone might not be telling
the truth or might have an ulterior motive.
of this has helped explain a lot of the manipulation
Prior to knowing that I'm autistic and
KnowledgePage 36 36
I've endured in my past and it's also been critical in
understanding of how I was manipulated by my supervisors
during my time at eBay.
excuse, um, but it was a critical realization for me
that has allowed me to make some really drastic changes
in my life.
And again this is not an
Realizing and acknowledging these limitations has
been huge.
Now I'm aware that I must be cautious about
making judgments, um, in who I trust, and I have people
in my life now who can help me work through those issues
when I'm not sure about a course of action.
up a strong group of support people in my life who I
know I can trust, um, and with whom I can regularly
check in on decisions and interactions that I'm not sure
about.
that I need this support, I have been able to have more
accountability in my life, I've been better able to
consider the potential impacts and consequences of my
decisions and actions, and I've also been able to feel
more safe and secure in the aftermath of the mess I made
of my life.
And that's been a big change.
I've built
In acknowledging
During the time that I worked at eBay, I was
extremely isolated, I had no such support or awareness,
um, of my autism and the impact that it had on my
understanding of things.
At the time I had a distantPage 37 37
relationship with my family and all of my regular
interactions and friendships and support were in that
group list that I worked with at eBay.
as a mentor and a father figure and had only ever
assumed that he had my best interests at heart, and
knowing what I now know, um, and given everything that
had happened, that thought makes me really sick.
spent a lot of time in therapy both devastated and
terrified that I could put so much trust in someone like
I saw Mr. Baugh
I have
him.
Since then, with the help and guidance of my loved
ones and therapist, I have worked hard to create an
environment and develop tools where I'm better able to
recognize potentially dangerous situations and have the
courage and agency to step away.
understanding and having boundaries and have gained a
better understanding of what should be expected of an
appropriate work environment, and I have done a great
deal of reflection on the type of person that I want to
be and the life that I want to live and the impact that
I want my life to have moving forward.
I've also worked on
Despite having gone to school for years with hopes
of working in security and intelligence, I left that
industry and have no intention of ever returning.
wanted to work in security to help people and to make
IPage 38 38
people feel safe and I don't think I could have messed
that up more.
the necessary skills to work in other fields, um, and
have worked for the past year at a small company
supporting their business functions and conservation
clients.
also realize that family, both the one that I have and
the one that I would like to build someday, and
community, are the most important parts of my life.
I've taken classes and training to gain
I care a lot about the work that I do, but I
I've reevaluated my values and realize that all of my
choices, goals, and the people I associate with should
reflect those values, and these include honesty and
integrity, kindness, transparency, in actions as well as
in giving back to the community.
"Could this hurt somebody?
the truth?" and I've learned that it's okay to walk away
and say "No."
I've learned to ask,
Is this person telling me
While all the work that I've done, um, has changed
the way that I live my life now, I know that nothing can
undue my actions in 2019 or the lasting impact that this
has had on those people involved and impacted,
particularly Mr. and Mrs. Steiner, and I would like to
one more time offer them my sincerest apology and thank
them for this time today because I know that it's
difficult for them.
I would also like to thank myPage 39 39
family for their support and love, it's been crucial for
me, and I apologize to them as well.
Thank you very much for your time and
consideration, your Honor.
(Pause.)
THE COURT:
Ms. Stephanie Stockwell, pursuant to
provisions of 18 United States Code, Section 3553(a),
the information from the United States Attorney, your
attorney, the probation officer, and yourself, this
Court sentences you to 2 years of probation.
The first
year of probation will be spent in home confinement at a
residence approved by the probation office.
You will be permitted to leave home confinement
for the purposes of employment, attending any medical
appointments or counseling, any religious observances,
for the purpose of shopping for necessities such as food
and clothing.
argued and the business about strenuous physical
activity and should your treating physician recommend
such a regimen, it is open to the supervising probation
office to permit you to engage in such activity.
than that you'll be in that residence.
confinement.
have little choice but to send you to prison.
I am sensitive to what your attorney has
Other
This is home
If you violate those terms, the Court will
They'll be no fine due to your inability to pay aPage 40 40
fine.
required by the law.
of the conviction, the sentence on each count runs
concurrent, one with the other.
you.
They'll be the $200 special assessment as
This is the sentence on each count
Let me explain this to
The activities of this group are nothing short of
disgusting and appalling, words do not encompass it.
What the record that this Court has before it -- the
record that this Court has before it shows a deliberate
attempt to actually suppress speech, to interfere with
the constitutional rights of others.
Now the recommendation of the government here has
been extraordinarily sensitive.
responsibility.
recommendation, but the sentence is my responsibility.
Make no mistake, were it not for the motion the
government filed, which I adopted, and were it not for
your undoubted condition which you forthrightly set
forward here and which the Court recognizes, you'd be
going to prison.
The sentence is my
I adopted the government's
The Court imposes upon you all the general and
special conditions of probation as they are set forth on
Pages 36 through 39 of the presentence report with one
addition.
This Court concludes that you knew very well what you
There shall be no disparagement of the plea.Page 41 41
were admitting to at the time you pled guilty.
your free speech is not infringed in any way, they'll be
no saying "Well I didn't really mean to do these things,
I felt I had no choice."
crimes.
the plea is to violate the terms of your probation.
So while
You've admitted to these
There's no taking that back.
And to disparage
In all honesty I hope I can believe what you've
said here today about how you've changed and what your
able counsel has said on your behalf about how you've
changed.
the government's recommendation into account in
fashioning this sentence.
I have taken that into account.
I have taken
Ms. Steiner has it just right, I never know with
precision what is the best sentence, ever, but what I do
is try to fashion, in accordance with the law, what is
the best sentence.
this a fair and a just sentence, I have no hesitancy in
imposing it.
It is my responsibility.
I consider
You have the right to appeal from any findings or
rulings the Court has made against you.
Should you
appeal and should your appeal be successful in whole or
in part and the case remanded, you'll be resentenced
before another judge.
decided upon, you want transcript, seek it from this
session of the court because I'll turn it around right
Ms. Shifman, if an appeal isPage 42 42
away.
Do you understand?
MS. SHIFMAN:
Thank you, your Honor.
A couple of
questions.
Do we need to put on the record the specific
language that the Northern District of California needs
for the imposition of home detention?
PROBATION OFFICER:
language to Ms. Gaudet.
Yes, your Honor, I sent
They require location
monitoring to accept the case of home confinement.
THE COURT:
I will so order.
PROBATION OFFICER:
MS. SHIFMAN:
THE COURT:
MS. SHIFMAN:
Thank you.
Thank you, your Honor.
And I thank you, Ms. Shifman.
And one other matter, your Honor.
We will be seeking transfer of supervision to the
Northern District of California where she resides.
just wanted to let the Court know --
THE COURT:
I'm not surprised.
I've read the
papers thoroughly and that's one that makes perfect
sense.
MS. SHIFMAN:
THE COURT:
Thank you, your Honor.
And without detracting from the
sentence, it is a criminal sentence, um, I certainly
hope that in terms of health and well-being
IPage 43 43
Ms. Stockwell fares well.
MS. SHIFMAN:
And may the special assessment be paid at the
Thank you.
Clerk's office today?
PROBATION OFFICER:
MS. SHIFMAN:
THE COURT:
We appreciate that.
Yes.
Thank you.
That's how we'll proceed.
All right.
Let me speak with the Clerk.
(Pause.)
THE COURT:
recess.
In this matter you may stand in
We're calling the next case.
(Pause.)
THE COURT:
Oh, I should say, the restrictions
presentence remain in effect until we get this
probationary sentence in effect.
MS. SHIFMAN:
MR. KOSTO:
(Ends, 11:40 a.m.)
Of course.
Thank you.
Thank you.Page 44 44
C E R T I F I C A T E
I, RICHARD H. ROMANOW, OFFICIAL COURT REPORTER, do
hereby certify that the forgoing transcript of the
record is a true and accurate transcription of my
stenographic notes, before Judge William G. Young, on
Tuesday, October 11, 2022, to the best of my skill and
ability.
/s/ Richard H. Romanow 10-19-22
________________________
RICHARD H. ROMANOW Date
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UNITED STATES DISTRICT COURT
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DISTRICT OF MASSACHUSETTS (Boston)
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No. 1:20-cr-10098-WGY-3
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UNITED STATES OF AMERICA
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vs.
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STEPHANIE STOCKWELL
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For Hearing Before:
Judge William G. Young
Sentencing
United States District Court
District of Massachusetts (Boston.)
One Courthouse Way
Boston, Massachusetts 02210
Tuesday, October 11, 2022
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REPORTER: RICHARD H. ROMANOW, RPR
Official Court Reporter
United States District Court
One Courthouse Way, Room 5510, Boston, MA 02210
bulldog@richromanow.com
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A P P E A R A N C E S
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SETH B. KOSTO, ESQ.
United States Attorney's Office
One Courthouse Way, Suite 9200
Boston, Massachusetts 02210
(617) 748-3230
E-mail: Seth.kosto@usdoj.gov
For the United States of America
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GAIL SHIFMAN, ESQ.
Law Office of Gail Shifman
2431 Fillmore Street
San Francisco, California 94115
(415) 551-1500
Email: Gail@shifmangroup.com
for the defendant
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P R O C E E D I N G S
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(Begins, 10:30 a.m.)
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THE CLERK:
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Now hearing Criminal Matter 20-10098,
the United States of America versus Stephanie Stockwell.
THE COURT:
Now good morning.
This is a
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sentencing under 18 United States Code Section 3553(a),
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and would counsel please identify themselves.
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start with the government.
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MR. KOSTO:
We'll
Good morning, your Honor, Assistant
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United States Attorney Seth Kosto appearing on behalf of
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the government.
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MS. SHIFMAN:
Good morning, your Honor, Gail
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Shifman on behalf of defendant, Stephanie Stockwell, who
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is present to my right.
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THE COURT:
MS. SHIFMAN:
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THE COURT:
Yes, your Honor.
Ma'am, have you read the presentence
report that has been prepared in your case?
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THE DEFENDANT:
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THE COURT:
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May I
address her about having read the presentence report?
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And good morning, Ms. Shifman.
I have, your Honor.
And have you talked it all over with
your counsel?
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THE DEFENDANT:
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THE COURT:
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THE DEFENDANT:
I have, your Honor.
And do you think you understand it?
I do, your Honor.
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THE COURT:
Nothing's been withheld from the
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presentence report under the rules of criminal
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procedure?
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PROBATION OFFICER:
That's correct, your Honor.
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THE COURT:
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Sentencing in this session of the court proceeds
Very well.
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in four steps.
The first three steps are largely
8
arithmetic.
9
highest sentence that would be open to the court under
Excuse me.
And first I calculate the
10
the Constitution.
11
imposed for offenses of this sort.
12
calculate the sentencing guidelines as required by the
13
law.
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that I go through, I ask you to interrupt me and I will,
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um, seek to address it at that time.
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Then I consult the average sentences
Third, I accurately
If anyone would differ from any of the arithmetic
I understand that there are victims who wish to
speak?
MR. KOSTO:
There are, your Honor, David and Ina
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Steiner are both in the courtroom this morning and would
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like to speak.
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THE COURT:
And that is their right and the Court
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would be happy to entertain that.
And the order, we'll
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do the arithmetic, the victims will speak, and then
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we'll turn to counsel.
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I'll hear from the defense, I'll hear from Ms. Stockwell
I'll hear from the government,
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if she wishes to be heard from.
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MS. SHIFMAN:
Thank you, your Honor.
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MR. KOSTO:
Thank you, your Honor.
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THE COURT:
That's how we'll proceed.
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This Court considers that the highest sentence in
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our quasi-determinate sentencing system which it might
7
impose is the top of the applicable guideline range
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without regard to any, um, mitigating factor, subject of
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course to the statutory maximum.
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In this case, without the discount for the --
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without the discount for the guilty plea, that would
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take the level to a level -- excuse me.
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Yes, that would take it to a Level 22, the top of the
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applicable guideline at this criminal history is 51
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months, that is within the statutory range and that is
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the highest sentence the Court could impose.
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MS. SHIFMAN:
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THE COURT:
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MS. SHIFMAN:
I misspoke.
Your Honor, if I may?
You may.
Thank you.
We filed an objection to
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the two-level increase for a pattern of activity, um, as
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applicable to each victim group.
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spend too much time on it, your Honor, it's contained
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within our memorandum.
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THE COURT:
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I don't want to really
I've read your memorandum and this is
absolutely the time to raise it because it really will
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affect the calculation which I must make and that drives
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the highest possibility.
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possibility is somewhat academic, I'll hear you.
Now while the highest
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MS. SHIFMAN:
Thank you, your Honor.
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Your Honor, we don't believe that the pattern of
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activity enhancement is applicable to Ms. Stockwell for
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the following reasons.
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offense is exactly what the two-level increase for
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pattern is attempting to enhance the guidelines, we
Her course of conduct in this
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believe it's double-counting.
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Ms. Stockwell's role in the offense and what was
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reasonably foreseeable to her and to her actual
13
activities in this offense, we do not believe that there
14
is the extended pattern of activity that the First
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Circuit itself would define as making this guideline
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applicable.
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And based on
Ms. Stockwell, um, has fully accepted
18
responsibility for her conduct in this offense and what
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she did was, um, participate on occasion at the
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direction of her immediate supervisor, Jim Baugh, in the
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sending of harassing deliveries to the victims here.
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That occurred at his direction and generally and usually
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at his selection of what to send on a couple of
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occasions over the course of, for her activity, about
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one week.
And at the time of the offense, Ms. Stockwell
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herself was not aware of the activities of others in the
2
case, though she did, and I don't want to misrepresent
3
this, she did understand that harassing deliveries were
4
being sent to the victims here.
5
With regard to the obstruction, Count 2, she has
6
admitted her role in that offense, and pled guilty to
7
it, and her obstructive conduct is not a separate, um,
8
course of conduct within the harassing cyberstalking
9
statute that we believe is applicable for this
10
enhancement.
11
along with what we contained in our memo.
12
13
With that I will submit it, your Honor,
THE COURT:
Thank you.
I should have said that I
have read all of the materials that have been submitted.
14
Mr. Kosto, what do you say?
15
MR. KOSTO:
Firstly, your Honor, with both the
16
government and Ms. Stockwell, um, submitting
17
recommendations that, for reasons you'll hear and have
18
read about, are substantially below the otherwise
19
applicable guidelines in this case, we don't think it's
20
one that the Court needs to reach, whereas in other
21
cases in this group there will be full briefing and a
22
record on this.
23
to calculate the guidelines correctly in every case,
24
looking at the pattern of activity enhancement under
25
2(a)(6.2)(B)(i)(e), it applies when the offense involves
But since the Court has an obligation
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8
1
a pattern of harassment, stalking, and threatening, and
2
the definition in the application notes of a pattern of
3
activity is given as an example, an instance of
4
harassment accompanying by an instance of stalking,
5
essentially accompanied by an instance of threatening,
6
which is exactly what the conduct entailed here, there
7
were packages, there was surveillance, and there were
8
threatening messages.
9
participant in each of those things or the offense to
Ms. Stockwell need not be the
10
involve that pattern.
11
brainstorming and sending of the harassing packages and
12
was aware that surveillance was ongoing as she prepared
13
paperwork that would support the surveillance team in
14
case they were pulled over by the police.
15
She did participate in the
So under those circumstances the application note
16
gives the sense that probation got it correctly here.
17
And I think just as a practical sense, an offense that
18
involves three different kinds of harassment, stalking,
19
and threatening, is a more serious one and certainly
20
more serious, as the Court will hear.
21
experienced it, each of those kinds of harassment,
22
stalking, and threatening amplified the other.
23
when the packages are arriving and then a threatening
24
message comes and says, somewhat vulgarly, "Did you get
25
my gifts?"
As the victims
And so
It enhances the fear that the victims
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9
1
experience.
2
to punish a multipronged campaign more seriously that
3
one that involves one kind of harassment.
4
So under those circumstances it makes sense
THE COURT:
The Court so rules, the objection is
5
overruled, and the enhancement is part of the
6
calculation here.
7
I said that I look at the publicly-available
8
databases.
9
um, sentenced for the, um, conspiracy to commit
10
cyberstalking, but the United States Sentencing
11
Commission has a very helpful computer program that
12
gives me the average sentences nationwide for those
13
offenders in Criminal History Category 1 who have
14
committed that crime, and the average -- there are 42
15
such offenders and the average length of imprisonment
16
has been 30 months.
17
18
19
This is the first time that this Court has,
Now the Court turns to calculating the sentencing
guidelines, as it must, and as the law requires.
The base offense level here is 18.
The Court does
20
enhance by 2 levels considering the totality of the
21
circumstances.
22
because Ms. Stockwell was a minor participant.
23
Court adds in two levels again for obstruction of
24
justice.
25
The Court however goes down two levels
The
To give an adjusted offense level of 20.
Count 2 works out exactly the same way.
So each
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10
1
count has an adjusted offense level of 20, which results
2
in increasing the total combined offense level to 22.
3
4
5
The Court then goes down three levels to 19
because of the guilty plea.
So that gives us a range of -- under the
6
guidelines of 30 to 37 months, a period of supervised
7
release of not less than 1 nor more than 3 years, a fine
8
of not less than $10,000 or more than $100,000, and
9
there must be a $200 special assessment.
10
11
THE COURT:
Are the guideline properly calculated
in the eyes the government?
12
MR. KOSTO:
Yes, they are, your Honor.
13
THE COURT:
And, Ms. Shifman, I understand you
14
take issue with it in the manner that we've discussed.
15
I've overruled that and saved your rights.
16
17
Is there anything else that I should consider in
making the guideline calculation?
18
MS. SHIFMAN:
19
THE COURT:
20
21
22
23
24
25
No, your Honor.
Very well.
All right, those are the
guideline calculations.
And I am certainly open to hearing from the
victims.
MR. KOSTO:
Thank you, your Honor.
Ms. Steiner will speak first.
THE COURT:
Yes.
It looks like
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11
1
MR. KOSTO:
2
(Pause.)
3
THE COURT:
Thank you.
You don't have to stand, this business
4
of standing is a convention in the court, but I've been
5
in courts where they don't, and you are welcome.
6
MR. STEINER:
7
THE COURT:
8
9
10
Neither one of you need stand, though
you are welcome to stand.
He suggested that Ms. Steiner would speak first,
but I don't care if you want to --
11
MR. STEINER:
12
THE COURT:
13
MR. STEINER:
14
15
Much appreciated.
No, sir, I'd like to speak first.
You may.
Thank you.
My name is David
Steiner, I'm Victim Number 2.
I admit that of all the victim impact statements
16
that I've written to date, this has been one of the most
17
difficult.
18
I understand youthful ignorance, I realize it is
19
not fair to judge a person by their worst day.
That
20
said, Defendant Stockwell had a lot of bad days in 2019.
21
Not only did she fully conspire to threaten and harass
22
Ina and myself, but she also helped prepare a fake
23
dossier which painted us as "persons of interest" to
24
present to police in the event they were caught
25
surveilling us.
She prepared a list of innocent people
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12
1
to pin the teams' crimes on.
2
continued even after her fellow defendants were caught.
3
She accepted $5,000 from Jim Baugh to mislead
4
investigators.
5
incomprehensible, and dangerous.
6
better?
7
obviously harmful and illegal group think shows an
8
absence of any type of moral compass.
9
Her bad decisions
Her actions were egregious,
Absolutely.
Should she have known
To willingly go along with this
There was a victim on the other side of the
10
threatening texts and disturbing deliveries that you
11
sent, one of the most compassionate, caring people you
12
could ever hope to encounter.
13
to become my wife and has made me the most fortunate
14
person I know.
15
34 years ago she agreed
This is who you attacked.
Not only did you threaten and intimidate a
16
dedicated journalist whose sole mission was to help
17
online sellers, the customers of the very corporation
18
you've worked for.
19
changed the most precious person in my life.
20
You've wounded and unalterably
At one time I could make Ina laugh until she could
21
barely catch her breath, I loved to entertain her so
22
that I could hear that infectious laugh.
23
heard it in more than 3 years and I miss it.
24
something you have stolen from me.
25
I haven't
This is
You made some very bad choices in your life so
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13
1
far.
2
choices were acceptable, but every day that we deal with
3
the fallout from your choices was another day that's
4
been stolen.
5
becomes more valuable with age.
6
the rest of my life on this planet hating you or even
7
thinking about you, I want to spend it surrounded by the
8
people I love without the specter of your despicable
9
crimes hanging over me.
10
You may have been groomed to believe that these
You may not appreciate it yet but time
I don't want to spend
I'm not at a place yet where I can forgive.
I
11
hope to be someday, not for your sake, but for others
12
and mine.
13
healed.
14
Maybe that's when I'll know when I've fullyBut that's a long way off.
This is a time for accountability as the Court
15
sees fit.
16
Court imposes, that in the not-to-distant future Ina and
17
I can look back and feel that we got a bit more closure
18
and you can look back and see that it was fair.
19
accept responsibility for your actions and come out a
20
better person is all on you.
21
22
I sincerely hope that whatever sentence the
To
I want to thank the Court for listening and
considering my words.
23
THE COURT:
24
Ms. Steiner.
25
MS. STEINER:
Thank you, sir.
Thank you, your Honor.
Can you hear
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14
1
me?
2
THE COURT:
3
MS. STEINER:
4
I can.
My name is Ina Steiner, I am Victim
1.
5
Every day I deal with the fallout from what
6
happened to me in 2019 and today is one more challenge.
7
Like everything about this situation I have more
8
questions than answers including about the people who
9
participated in the campaign.
10
According to the government affidavit, defendant
11
Stockwell created false dossiers painting David and
12
myself as threats to eBay executives.
13
disturbing and threatening deliveries to our home and
14
was aware of the terror she was inflicting.
15
She sent
On August 20th, 2019, co-defendant Jim Baugh sent
16
defendant Stockwell a recording of one of our frantic
17
911 calls to the Natick Police with a note, "A little
18
glimpse of what all your hard work has led to."
19
same day Baugh sent Stockwell a link to a movie in which
20
a character arrived at a home unannounced and says, "I'm
21
here for the gang bang."
22
messaged Stockwell, "We've burned two of our rental cars
23
by following them, now they are seeing ghosts thinking
24
everyone is following them and they call the police
25
every 10 minutes," referring to us.
The
And later that day Baugh
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15
1
Two days later Baugh told Stockwell, "The cops
2
traced the gift card from the pizza delivery back to the
3
Safeway in Santa Clara.
4
emotional distress we were experiencing and that there
5
was a criminal investigation by the Natick Police.
6
Defendant Stockwell knew the
At 25 years old she was inexperienced, she was
7
also the manager of eBay's global intelligence center
8
making $120,000 a year.
9
analyst in her department for refusing to participate in
She fired an intelligence
10
the scheme to terrorize us.
11
caught, obstructed the investigation, had sexual
12
relations with her former boss, and accepted a $5,000
13
cash bribe from him in exchange for lying to federal
14
prosecutors.
15
deemed fit to recommend 0 prison time for a defendant
16
who committed cruel crimes, obstructed the
17
investigation, and then lied directly to federal
18
prosecutors.
19
consequences of her actions?
I was stunned that the prosecutor's office
What message does that send about the
20
I wish I was --
21
THE COURT:
22
MS. STEINER:
23
THE COURT:
24
MS. STEINER:
25
Defendant Stockwell, when
What do you recommend?
Pardon me?
What do you recommend?
Your Honor, this is the 4th
sentencing hearing that I've attended and had to give a
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16
1
victim impact statement to, it's the first where a
2
defendant was not recommended prison time.
3
Excuse me.
David and I had had many conversations and we
4
never can calculate what the right sentence should be.
5
0 prison time for somebody who did this, I just don't
6
know what message that sends to people.
7
is just a growing problem and they need to know that.
8
And I don't know because I don't have -- I didn't even
9
-- I wasn't even allowed to see the sentencing
10
11
Cyberstalking
recommendation memoranda.
Defendant Stockwell's sentencing memorandum was
12
filed this morning, so I don't know who this person is.
13
You have much more insight.
14
answer your question, your Honor.
15
THE COURT:
16
MS. STEINER:
17
THE COURT:
So I think that might
It does indeed.
Okay, thank you.
And I have read everything and I
18
appreciate what you say and I say in all candor, in
19
every sentence that this Court imposes I do not know
20
with precision the appropriate sentence.
21
difficult responsibility.
22
don't think it should be a no-jail time sentence and it
23
was only for that reason that I interrupted.
24
very candid and helpful response.
25
It's a
You made the point that you
It is my responsibility.
That's a
I can tell you I take it
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17
1
2
3
4
very seriously.
Please go ahead.
MS. STEINER:
I thank you, your Honor, and I would
not want to be in your chair this morning.
I wish I was a detached observer, someone reading
5
an article in the newspaper instead of a victim standing
6
before you today deeply traumatized by what the
7
defendant did to my husband and me.
8
Thank you so much, your Honor.
9
THE COURT:
Thank you.
10
THE COURT:
Mr. Kosto, I'll hear you.
I have read
11
everything that's before me.
12
satisfactory to the government you have, as has the
13
defendant, filed your sentencing memoranda under seal.
14
I'll respect that in anything I say.
15
in mind when you argue.
16
Do you understand?
17
MR. KOSTO:
For reasons that are fully
I do, your Honor.
So let's have that
We placed a
18
redacted version of the government's sentencing
19
memorandum on the dockets that explains the rationale
20
for the sentence in large part, but it should be
21
available to the public.
22
23
THE COURT:
in that form.
And since you've done that, it will be
I'll hear you.
24
MR. KOSTO:
Thank you.
25
And I guess the first question, your Honor, is
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18
1
that the government did file the motion in connection
2
with that submission.
3
and then speaking --
May we assume that it's allowed
4
THE COURT:
The motion is allowed.
5
MR. KOSTO:
Thank you.
6
So, your Honor, the government is asking the Court
7
to impose a sentence of 2 years probation with the first
8
year to be served in home confinement in the Northern
9
District of California and the required $200 special
10
assessment.
11
THE COURT:
A fine?
12
MR. KOSTO:
I'm sorry?
13
THE COURT:
A fine?
14
MR. KOSTO:
The government is not seeking a fine
15
in light of the financial condition described in the
16
presentence investigation report --
17
THE COURT:
Thank you.
18
MR. KOSTO:
-- which appears to show that the
19
defendant does not have an ability to pay a fine.
20
THE COURT:
Thank you.
21
MR. KOSTO:
This is a crime, your Honor, that
22
started behind a keyboard from 3,000 miles away.
It
23
wasn't violent in the sense of many cases that come
24
before the Court for sentencing, but it had the same
25
kind of effect on the victims who you've just heard
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19
1
from, and I think it's plainly apparent that it gave
2
them real-world symptoms, nausea, sweating, fear of the
3
loss of a loved one.
4
There were moments in this case that had been
5
described to the government that include, um, the
6
victims putting a pile of dish ware and things that make
7
noise up against the back door of their home while this
8
was all going on so that if someone attempted to break
9
in they would know about it and be able to take steps.
10
The consequences of these actions do linger to this day,
11
I'm sure you've heard it in the victims's voices as they
12
address the Court.
13
What was needed in this case, your Honor, was a
14
speck of decency when this all started, the recognition
15
that people want to be treated or should be treated in
16
the way that they want to be treated themselves,
17
notwithstanding the fact that a lot of this took place
18
online.
19
technology has in our lives.
20
culpability in this case, each of the defendants,
21
including Ms. Stockwell, failed the victims and broke
22
the law.
23
That's an illustration of the power that
And at every level of
What we're trying to do in these sentences and
24
these recommendations, your Honor, is assess the level
25
of culpability of each of the defendants and provide or
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20
1
recommend a sentence that has sanctions but still
2
acknowledges where they fall within the gamut of
3
responsibility.
4
THE COURT:
I respect that.
I have -- and you're
5
framing it, as of course you must, with respect to the
6
cyberstalking statute.
7
in reading all these materials that here we have
8
indisputably corporate agents, however illegal and
9
misguided, trying to suppress speech, that is the goal.
I have to say that I was struck
10
I mean correct me if you think -- yes, I think this case
11
has implications that go well beyond the harm to these
12
victims and the wisdom of the Congress in enacting a
13
statute which is consonant with today's reality.
14
But I am struck that here they -- and I'm not
15
making any choices about who was indicted or any
16
reflections, it's not before me and I do not speak to
17
it, I speak only to the people -- to the person -- to
18
the persons that are before me, and of course I have
19
knowledge of the others indicted.
20
here was to suppress a precious right.
But the whole idea
21
Are you going to address that?
22
MR. KOSTO:
We did in our memorandum, your Honor.
23
The idea that the Steiners were targeted for the content
24
of eCommerce speech is something that adds to the
25
seriousness of the offense.
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21
1
THE COURT:
I would say so.
2
MR. KOSTO:
The mechanism that was chosen, I think
3
we've said, is abhorrent to First Amendment values, the
4
content of the messages.
5
fill in vulgarity at the appropriate moment.
6
reach the conclusion, whatever the defendants were
7
saying at the time, about "Oh, there's a security risk
8
here," that they were out to change the content of what
9
the Steiners were writing about eBay.
10
11
"No more posts about eBay,"
One can't
That enhances the
seriousness of the offense.
But the Court does need to, I think appropriately,
12
try to -- and I should say that absent the motion we
13
filed and absent some of the factors that Ms. Shifman
14
has highlighted in her memorandum, this would
15
indisputably be a prison case.
16
recommended in each of the four sentencings that have --
17
excuse me, in each of the three sentencings that have
18
taken place and will recommend it in some of the
19
sentencings that follow, that a custodial sentence would
20
be appropriate.
21
And we have so
Judge Saris responded to a request of home
22
confinement in the Harville case a few weeks back with a
23
defendant who was significantly more culpable than
24
Ms. Stockwell by characterizing that request as "widely
25
inappropriate."
But what we're trying to do with the
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22
1
benefit of the motion we filed for Ms. Stockwell is to
2
thread a needle that addresses the range of conduct and
3
that starts with Mr. Baugh, who received a 57-month
4
sentence from Judge Saris.
5
dispute across -- from the victims, from the government,
6
from Ms. Shifman, from the other defense lawyers in the
7
case, that Mr. Baugh was disproportionately culpable, he
8
was the motivating force and originator of the conduct.
9
And although the government isn't familiar with the
I don't think there's any
10
specific anecdotes that Ms. Shifman describes in her
11
memo about how Mr. Baugh ran the Securities Department,
12
it's consistent with the government's understanding of
13
how Mr. Baugh ran the Securities Department at eBay.
14
he's in a spot that the Court can look at for relative
15
culpability.
16
So
There's a group of defendants that the government
17
would, um -- a list to include Ms. Popp, who the Court
18
will sentence later today, Mr. Harville, the former
19
military police officer, and Mr. Gilbert and Mr. Cook,
20
two former police captains with decades of experience in
21
law enforcement who form the middle range of
22
culpability, and they've received sentences of between
23
18 and 24 months, with Mr. Gilbert pending sentencing
24
and a guideline sentencing range anticipated to be 30 to
25
37 months.
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23
1
And then in the next group, your Honor, we have
2
Ms. Stockwell and Ms. Zea, who this Court will sentence
3
in November as well, the newest of the employees at
4
eBay, ones who, in the government's assessment of the
5
conduct were dispatched to do things and told to do
6
things and does them.
7
culpability, it mitigates it.
8
told, "Go to BestBuy, buy a computer, pay cash," and
9
that computer is then used to send the harassing
It doesn't eliminate their
So if Ms. Stockwell is
10
messages, "Send me a license plate for the victim's
11
car," "Make me a document that label the Steiners as a
12
security threats," "Send these deliveries," "Stop these
13
deliveries," "Start them again," you get a sense for
14
where this defendant falls within the range of the
15
defendants involved in the conspiracy.
16
Ms. Stockwell knew what this was for, I think the
17
Steiners alluded to the audio recordings and the videos
18
that Mr. Baugh was peppering his co-defendants and
19
co-conspirators with, it was understood what the
20
harassment was for.
21
and Ms. Zea, you have two other individuals that the
22
government has alluded to named "Analyst 1" and "Analyst
23
2" who quit and got fired rather than participate,
24
rather than do what they were told.
25
And then even beneath Ms. Stockwell
With the benefit of the motion we've filed, your
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24
1
Honor, where we come down with -- where we come down on
2
Ms. Stockwell is that a noncustodial sentence is not
3
appropriate, but that a straight probationary sentence
4
similarly or relatedly minimizes the outside impact that
5
her conduct and the conduct of her co-conspirators had,
6
however she was motivated.
7
serious enough to merit some lesser deprivation of
8
liberty.
I mean some crimes are
9
It's a legitimate question, in the absence of the
10
motion the government's filed, why the government would
11
not be seeking a custodial sentence.
12
with Ms. Shifman in that we think some sanction, some
13
deprivation of liberty in the form of home confinement
14
that recognizes Ms. Stockwell's unique -- relatively
15
unique role in the crime and her physical and mental
16
health and that, um, those factors role in the crime,
17
um, that would be a sentence that would allow her to
18
work, that would allow her to address those mental and
19
physical needs, that would allow her to continue to
20
engage in community service, but would not be the least
21
of the sanctions that the Court could impose.
22
at bottom, your Honor, this is not a case in which any
23
defendant should be receiving the least of the sanctions
24
the Court could impose whatever well-earned benefits the
25
defendant did receive as a result of her actions
We differ slightly
Because
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25
1
following, um, her involvement coming to light.
2
THE COURT:
Thank you.
3
MR. KOSTO:
So those are the reasons, your Honor.
4
THE COURT:
Thank you.
5
Ms. Shifman.
6
MS. SHIFMAN:
7
THE COURT:
Thank you, your Honor.
And again your memorandum is under
8
seal and I respect that.
9
MS. SHIFMAN:
10
But I thank you for it.
Your Honor, I believe there's also a
redacted memo on the public record.
11
So thank you for this opportunity.
On behalf of
12
Ms. Stockwell, I want to first begin by saying that what
13
happened in that unit, that security unit at eBay and at
14
eBay generally was despicable.
15
Ms. Stockwell, her individually, a heartfelt
16
understanding and complete distress at the harm that was
17
caused to Mr. and Mrs. Steiner individually,
18
collectively, and that they have to experience still
19
today.
20
21
22
THE COURT:
There is on behalf of
Well when did she come to that
realization?
MS. SHIFMAN:
Your Honor, what makes, um,
23
Stephanie -- if I may call her "Stephanie"?
What makes
24
her unique in the context of this crime is that -- and
25
I'm going to lay out who she is individually, her
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26
1
characteristics, is that she suffers from a neurological
2
disability, autism spectrum disorder.
3
At the time that she worked at eBay, um, when she was
4
25, she had not yet been diagnosed with that disability.
5
She also suffers from mental health disorders, ADHD, an
6
anxiety disorder, and a depressive disorder.
7
She is autistic.
She knew that something was wrong with her, she
8
masked it, she mimicked others, she followed directions,
9
she acted while at eBay in accordance with the
10
characteristics of someone who suffers from autism.
11
at that time did not have the mental wherewithal, if you
12
will, to be able to resist the grooming and predatory
13
actions of Jim Baugh and Stephanie Popp.
14
Jim Baugh --
15
THE COURT:
Wait.
Wait a minute.
She
If that were
16
all so, then under the guidelines there are bases for
17
reducing the sentence.
18
here.
19
despicable, but I'm starting with the -- I'm starting
20
with the proposition that she had the mental wherewithal
21
to form the necessary intent to commit the crimes of
22
conspiracy.
23
I recognize what's been said
But on the one hand you say the conduct is
Are you saying she didn't have it?
MS. SHIFMAN:
No, I'm not, your Honor, I don't
24
believe that it rises fully to the level of a defense.
25
If I believed that we would not have come forward to
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27
1
plead guilty, she would not have come forward to reveal
2
her participation in the offense.
3
that, um, under the sentencing statute, 3553, that these
4
are factors that are highly-mitigating, they offer
5
unique characteristics.
6
And I do believe
And since the commission of this offense -- and I
7
will say, your Honor, that when I first met
8
Ms. Stockwell and had the opportunity to interview her
9
and watch her answer questions, I realized in short
10
order that something was amiss.
11
obtaining her full diagnosis began.
12
been diagnosed, she has, on her own, without Court
13
order, undertaken an extensive exploration of what this
14
disability means for her individually and the best path
15
to ensure that she never finds herself incapable, in an
16
environment like eBay, not to walk away and do the right
17
thing.
18
That is how the path to
And since she has
And at the time Ms. Stockwell was operating as
19
someone with autism might, which is to look around, see
20
what others were doing, try to just mimic what they were
21
doing and follow orders.
22
it was criminal, she understands that she should have
23
made other choices and she deeply regrets that she
24
wasn't doing that at that time.
25
I'm not saying it was right,
And in short order, um, she began the process and
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1
-- which continues to today, and you've seen that in the
2
letter of Dr. Martin, which is our first, Exhibit B, and
3
also in the psychological report of Dr. Walsh, which is
4
our sealed Exhibit A, that she has undertaken every
5
necessary step to ensure that she remains a good citizen
6
and a significant contributor to the community.
7
And I think it is clear when you read not only the
8
psychological reports and the letter -- and the letters
9
from her family, but also when you read the two letters
10
of her direct employers, she was lucky enough within the
11
last year to finally find employment, and the CEO of her
12
company and her direct supervisor write about
13
Stephanie's "moral compass," how she has from the
14
inception, during the first interview, revealed what she
15
did in this case to ensure that she was being honest and
16
making full disclosures and ensuring that she brought no
17
harm to her employer, those people she worked with, or
18
any of the customers or clients of the company
19
themselves.
20
She is today a completely different person than
21
she was in 2019.
In the last three years she has
22
undergone a post-offense rehabilitation the type or the
23
sort that the Court would hope for at the conclusion of
24
a sentence, but she has done that on her own prior to
25
sentencing.
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29
1
It is appropriate here, we believe, and that's why
2
she pled guilty, that this criminal offense follows her
3
around, it is a lifelong, um, stigma, it will infect her
4
for the rest of her life, but it also enabled her to
5
make the kinds of changes that we want for people living
6
in the community.
7
Ms. Stockwell for the last three-plus years, that her
8
heart felt remorse for her actions that contributed to
9
this offense and its impact on the Steiners.
10
I know, from representing
Jim Baugh ran a predatory department and he was a
11
predator directly to Stephanie.
12
her to psychological terror in the running of the
13
department itself claiming that they were doing armed
14
and active shooter drills on a regular basis, subjecting
15
them to psychological breakdown and rebuilding, telling
16
them they were worthless if they couldn't keep up, but
17
he also lured her into a -- I'm just going to say what
18
it was, unconsentual sex on a number of occasions,
19
including doxing her drink in order to have sex with her
20
and calling himself her "Dad" as well.
21
her disability and mental health disorders, at the time
22
it was just too much.
23
He not only subjected
For someone with
Would that happen to Stephanie today, would she
24
participate?
No, she would not.
She is in a completely
25
different understanding of how she needs to reach for
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30
1
help, both doing active work herself and reaching to
2
those she knows support her so that she doesn't find
3
herself in this position again.
4
We believe that under 3553, in addition to the
5
offense, in addition -- and we appreciate everything
6
that Mr. and Mrs. Steiner said today, and we understand
7
it.
8
characteristics, the collateral consequences, the post-
9
offense rehabilitation, her need to continue her journey
We do.
But we believe, given her unique
10
to ensure her stability, both with her disability and
11
her mental health disorders, her need to and her desire
12
to contribute to the community as an alternative
13
sanction for community service work, that the lack of
14
need for specific deterrence -- I don't think anyone
15
thinks that Stephanie will find herself in a criminal
16
law position ever again, but also as a general
17
deterrence for someone like Stephanie who is
18
intelligent.
19
20
21
Her autism --
THE COURT:
Well I would think that this is a case
that cries out for general deterrence.
MS. SHIFMAN:
Yes, your Honor, and there is that
22
deterrence.
By the fact that despite her disability and
23
despite her mental health disorder and despite her
24
significantly more, compared to the other conspirators
25
role, and her minor role in the offense, that she will
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31
1
carry the burden of two felony convictions for the rest
2
of her life.
3
It has impacted her employment opportunities and
4
she's a young woman who needs to work, she needs to be
5
able to financially support herself, and she carries
6
that, and that is a large general deterrent to those who
7
might encounter the rogue predatory actions of a
8
corporate agent and its direct supervisors.
9
think the combination of that, um, and all the other
And we
10
factors we've raised in our sentencing memo, mitigate
11
substantially here for a probationary sentence.
12
And that if the Court is contemplating any home
13
confinement, that it be a lesser amount of time than
14
what the government recommends.
15
of home confinement would be detrimental to her mental
16
health and to her abilities to properly care for --
17
THE COURT:
How so?
We believe that a year
That seems a rather sensitive
18
recommendation to me.
19
medical appointments, attend religious, um, expressions,
20
um, and take care of the necessities of life, one would
21
think that that was a very sensitive sentence.
22
23
24
25
MS. SHIFMAN:
If she's able to work, attend
And we appreciate the recommendation
of the government, your Honor.
One important part of her treatment plan includes,
um, strenuous physical activity in the outdoors, in the
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32
1
open space, for her well-being, and I believe that a
2
home confinement sentence, if it's imposed, your Honor,
3
we would ask that that be allowed as a part of her
4
treatment plan, with the prior approval of the probation
5
department, because if that is not included, we believe
6
that would be detrimental to her physical and mental
7
well-being.
8
9
THE COURT:
I understand, that's a little
different.
10
Thank you very much.
11
MS. SHIFMAN:
12
THE COURT:
Thank you, your Honor.
Ms. Stockwell, you have the right to
13
talk to me directly.
You're not required to.
14
want to, I'll hear you now.
15
THE DEFENDANT:
16
(Stands at podium.)
17
THE DEFENDANT:
18
Thank you, your Honor.
Thank you, your Honor.
If you
Thank you.
If I need
to speak up, please let me know.
19
THE COURT:
I can hear you.
20
THE DEFENDANT:
21
Your Honor, my involvement in these events and my
Okay.
22
conduct during the investigation are, without a doubt,
23
the lowest points in my life.
24
shame and guilt at my actions (cries.) for the impact
25
that this has had on my family and my loved ones, and
I am overwhelmed with
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33
1
for most of all, um, how my part in these events, in the
2
actions of the people that I worked with, affected
3
Mr. and Mrs. Steiner.
4
in -- (cries.) I'm sorry, they ranged from immature to
5
cruel, and at the time I didn't consider the weight of
6
those actions and the undeniable impact that they've
7
had, um, and for this I'm so so sorry.
8
9
The actions that I took part
When I found out the full extent of what
Mr. Baugh, Ms. Popp, and others had planned and done, I
10
was appalled.
I realized that this is not just pranks
11
to distract from the publishing of a blog, um, as had
12
been originally described to me, um, and in which I
13
originally believed about it, it was in fact stalking
14
and harassment, and, um, through my actions and
15
involvement I helped make that happen.
16
When I read the initial draft of the Steiners's
17
victim impact letters, um, describing everything that
18
they endured and their terrible experience in that time
19
in August, I got physically nauseous and sick to my
20
stomach reading some of the messages that they had been
21
sent, um, and just thinking about what those actions had
22
put them through and the impact that this has had on
23
their lives.
24
and I'm not sure that my apology to them will be either.
25
But may I address them?
I don't think that my words will be enough
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34
1
2
THE COURT:
You may speak in the courtroom, of
course.
3
(Turns around.)
4
THE DEFENDANT:
I'm so so sorry for the impact
5
that this has had on you, for my actions, and my
6
thoughts go out to you for what happened on this.
No
7
one deserves to go through what both of you have.
And I
8
know it can't be easy for you to have to relive this
9
over and over again.
And I hope that you're able to get
10
through this with some closure and get the peace that
11
you need.
12
(Turns back.)
13
THE DEFENDANT:
This offense, the charges, and
14
everything that has happened has truly shaken me to my
15
core in the past three years, there hasn't been a day
16
that this hasn't weighed on my mind and my conscience,
17
um, it has impacted every aspect of my life and is going
18
to shape much of my future as well.
19
greatly with my actions and my involvement is this case,
20
I have had to come to terms with the fear and suffering
21
I've caused people I've never met, um, who did nothing
22
wrong, and that guilt is something that I will always
23
have.
24
how I came to be involved in cyberstalking, harassment,
25
and obstructing justice, um, as my actions and conduct
I have struggled
I have also struggled and worked to understand
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35
1
in 2019 are so far from the person that I want to be.
2
Therapy has been immensely helpful in processing this
3
and making meaningful changes.
4
Another huge key in coming to terms with this came
5
with my diagnosis of autism in early 2020.
While it
6
didn't come entirely out of the blue, I hadn't really
7
thought about the potential that I might be autistic too
8
much, I didn't understand what it meant and how it could
9
impact me, and I want to share this here as not an
10
excuse, because there's no excuse for any actions, but
11
to hopefully provide some context, um, because better
12
understanding my autism and the limitations that come
13
with it have made me better equipped to make the
14
significant life changes that will help to make sure
15
that I'm never in this situation again.
16
I've learned that autism for me it makes my social
17
cognition, my ability -- excuse me, um, (Cries.) to read
18
between the lines, um, to understand the motivations of
19
others, and to understand unsaid information or cues
20
very difficult.
21
understanding what limitations I have, as a result I
22
generally accepted what people told me at face value.
23
It didn't occur to me that someone might not be telling
24
the truth or might have an ulterior motive.
25
of this has helped explain a lot of the manipulation
Prior to knowing that I'm autistic and
Knowledge
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36
1
I've endured in my past and it's also been critical in
2
understanding of how I was manipulated by my supervisors
3
during my time at eBay.
4
excuse, um, but it was a critical realization for me
5
that has allowed me to make some really drastic changes
6
in my life.
7
And again this is not an
Realizing and acknowledging these limitations has
8
been huge.
Now I'm aware that I must be cautious about
9
making judgments, um, in who I trust, and I have people
10
in my life now who can help me work through those issues
11
when I'm not sure about a course of action.
12
up a strong group of support people in my life who I
13
know I can trust, um, and with whom I can regularly
14
check in on decisions and interactions that I'm not sure
15
about.
16
that I need this support, I have been able to have more
17
accountability in my life, I've been better able to
18
consider the potential impacts and consequences of my
19
decisions and actions, and I've also been able to feel
20
more safe and secure in the aftermath of the mess I made
21
of my life.
22
And that's been a big change.
I've built
In acknowledging
During the time that I worked at eBay, I was
23
extremely isolated, I had no such support or awareness,
24
um, of my autism and the impact that it had on my
25
understanding of things.
At the time I had a distant
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37
1
relationship with my family and all of my regular
2
interactions and friendships and support were in that
3
group list that I worked with at eBay.
4
as a mentor and a father figure and had only ever
5
assumed that he had my best interests at heart, and
6
knowing what I now know, um, and given everything that
7
had happened, that thought makes me really sick.
8
spent a lot of time in therapy both devastated and
9
terrified that I could put so much trust in someone like
10
11
I saw Mr. Baugh
I have
him.
Since then, with the help and guidance of my loved
12
ones and therapist, I have worked hard to create an
13
environment and develop tools where I'm better able to
14
recognize potentially dangerous situations and have the
15
courage and agency to step away.
16
understanding and having boundaries and have gained a
17
better understanding of what should be expected of an
18
appropriate work environment, and I have done a great
19
deal of reflection on the type of person that I want to
20
be and the life that I want to live and the impact that
21
I want my life to have moving forward.
22
I've also worked on
Despite having gone to school for years with hopes
23
of working in security and intelligence, I left that
24
industry and have no intention of ever returning.
25
wanted to work in security to help people and to make
I
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38
1
people feel safe and I don't think I could have messed
2
that up more.
3
the necessary skills to work in other fields, um, and
4
have worked for the past year at a small company
5
supporting their business functions and conservation
6
clients.
7
also realize that family, both the one that I have and
8
the one that I would like to build someday, and
9
community, are the most important parts of my life.
I've taken classes and training to gain
I care a lot about the work that I do, but I
10
I've reevaluated my values and realize that all of my
11
choices, goals, and the people I associate with should
12
reflect those values, and these include honesty and
13
integrity, kindness, transparency, in actions as well as
14
in giving back to the community.
15
"Could this hurt somebody?
16
the truth?" and I've learned that it's okay to walk away
17
and say "No."
I've learned to ask,
Is this person telling me
18
While all the work that I've done, um, has changed
19
the way that I live my life now, I know that nothing can
20
undue my actions in 2019 or the lasting impact that this
21
has had on those people involved and impacted,
22
particularly Mr. and Mrs. Steiner, and I would like to
23
one more time offer them my sincerest apology and thank
24
them for this time today because I know that it's
25
difficult for them.
I would also like to thank my
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39
1
family for their support and love, it's been crucial for
2
me, and I apologize to them as well.
3
4
Thank you very much for your time and
consideration, your Honor.
5
(Pause.)
6
THE COURT:
Ms. Stephanie Stockwell, pursuant to
7
provisions of 18 United States Code, Section 3553(a),
8
the information from the United States Attorney, your
9
attorney, the probation officer, and yourself, this
10
Court sentences you to 2 years of probation.
The first
11
year of probation will be spent in home confinement at a
12
residence approved by the probation office.
13
You will be permitted to leave home confinement
14
for the purposes of employment, attending any medical
15
appointments or counseling, any religious observances,
16
for the purpose of shopping for necessities such as food
17
and clothing.
18
argued and the business about strenuous physical
19
activity and should your treating physician recommend
20
such a regimen, it is open to the supervising probation
21
office to permit you to engage in such activity.
22
than that you'll be in that residence.
23
confinement.
24
have little choice but to send you to prison.
25
I am sensitive to what your attorney has
Other
This is home
If you violate those terms, the Court will
They'll be no fine due to your inability to pay a
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40
1
fine.
2
required by the law.
3
of the conviction, the sentence on each count runs
4
concurrent, one with the other.
5
you.
6
They'll be the $200 special assessment as
This is the sentence on each count
Let me explain this to
The activities of this group are nothing short of
7
disgusting and appalling, words do not encompass it.
8
What the record that this Court has before it -- the
9
record that this Court has before it shows a deliberate
10
attempt to actually suppress speech, to interfere with
11
the constitutional rights of others.
12
Now the recommendation of the government here has
13
been extraordinarily sensitive.
14
responsibility.
15
recommendation, but the sentence is my responsibility.
16
Make no mistake, were it not for the motion the
17
government filed, which I adopted, and were it not for
18
your undoubted condition which you forthrightly set
19
forward here and which the Court recognizes, you'd be
20
going to prison.
21
The sentence is my
I adopted the government's
The Court imposes upon you all the general and
22
special conditions of probation as they are set forth on
23
Pages 36 through 39 of the presentence report with one
24
addition.
25
This Court concludes that you knew very well what you
There shall be no disparagement of the plea.
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41
1
were admitting to at the time you pled guilty.
2
your free speech is not infringed in any way, they'll be
3
no saying "Well I didn't really mean to do these things,
4
I felt I had no choice."
5
crimes.
6
the plea is to violate the terms of your probation.
7
So while
You've admitted to these
There's no taking that back.
And to disparage
In all honesty I hope I can believe what you've
8
said here today about how you've changed and what your
9
able counsel has said on your behalf about how you've
10
changed.
11
the government's recommendation into account in
12
fashioning this sentence.
13
I have taken that into account.
I have taken
Ms. Steiner has it just right, I never know with
14
precision what is the best sentence, ever, but what I do
15
is try to fashion, in accordance with the law, what is
16
the best sentence.
17
this a fair and a just sentence, I have no hesitancy in
18
imposing it.
19
It is my responsibility.
I consider
You have the right to appeal from any findings or
20
rulings the Court has made against you.
Should you
21
appeal and should your appeal be successful in whole or
22
in part and the case remanded, you'll be resentenced
23
before another judge.
24
decided upon, you want transcript, seek it from this
25
session of the court because I'll turn it around right
Ms. Shifman, if an appeal is
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42
1
away.
2
Do you understand?
3
MS. SHIFMAN:
4
Thank you, your Honor.
A couple of
questions.
5
Do we need to put on the record the specific
6
language that the Northern District of California needs
7
for the imposition of home detention?
8
9
10
PROBATION OFFICER:
language to Ms. Gaudet.
Yes, your Honor, I sent
They require location
monitoring to accept the case of home confinement.
11
THE COURT:
I will so order.
12
PROBATION OFFICER:
13
MS. SHIFMAN:
14
THE COURT:
15
MS. SHIFMAN:
Thank you.
Thank you, your Honor.
And I thank you, Ms. Shifman.
And one other matter, your Honor.
16
We will be seeking transfer of supervision to the
17
Northern District of California where she resides.
18
just wanted to let the Court know --
19
THE COURT:
I'm not surprised.
I've read the
20
papers thoroughly and that's one that makes perfect
21
sense.
22
MS. SHIFMAN:
23
THE COURT:
Thank you, your Honor.
And without detracting from the
24
sentence, it is a criminal sentence, um, I certainly
25
hope that in terms of health and well-being
I
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43
1
Ms. Stockwell fares well.
2
MS. SHIFMAN:
3
And may the special assessment be paid at the
4
Thank you.
Clerk's office today?
5
PROBATION OFFICER:
6
MS. SHIFMAN:
7
THE COURT:
8
9
10
11
We appreciate that.
Yes.
Thank you.
That's how we'll proceed.
All right.
Let me speak with the Clerk.
(Pause.)
THE COURT:
recess.
In this matter you may stand in
We're calling the next case.
12
(Pause.)
13
THE COURT:
Oh, I should say, the restrictions
14
presentence remain in effect until we get this
15
probationary sentence in effect.
16
MS. SHIFMAN:
17
MR. KOSTO:
18
(Ends, 11:40 a.m.)
19
20
21
22
23
24
25
Of course.
Thank you.
Thank you.
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44
1
C E R T I F I C A T E
2
3
4
I, RICHARD H. ROMANOW, OFFICIAL COURT REPORTER, do
5
hereby certify that the forgoing transcript of the
6
record is a true and accurate transcription of my
7
stenographic notes, before Judge William G. Young, on
8
Tuesday, October 11, 2022, to the best of my skill and
9
ability.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
/s/ Richard H. Romanow 10-19-22
________________________
RICHARD H. ROMANOW Date
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