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STACEY A. KARTCHNER, #225507105 West “F” Street, Suite 215San Diego, CA 92101Telephone: (619) 282-8200sak@staceykartchner.com

Attorney for Material Witnesses Juan Carlos Garcia-Vargas Macario Hernandez-Bautista Miguel Pardo-Serrano

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

(HONORABLE WILLIAM V. GALLO)

UNITED STATES OF AMERICA, ) Magistrate Case No. 18MJ3314-WVG )

Plaintiff, )) DECLARATION OF STACEY A.

v. ) KARTCHNER IN SUPPORT ) OF MOTION TO DISMISS

Juan Carlos GARCIA-Vargas, ) COMPLAINT AND FORMacario HERNANDEZ-Bautista, ) RELEASE OF THE MATERIALMiguel PARDO-Serrano, ) WITNESSES Enrique VELES-Anaya, )E.H.G. (juvenile), )

) Defendants. )

I, STACEY A. KARTCHNER, declare as follows:

1. I am the attorney of record for three of the material witnesses in this

case, Juan Carlos Garcia-Vargas, Macario Hernandez-Bautista, and Miguel Pardo-

Serrano (hereinafter, "Material Witnesses"). I am an attorney duly licensed to

practice law in the State of California, and I am admitted to practice before the United

States District Court for the Southern District of California.

2. On May 31, 2018, the Material Witnesses were arrested, along with

material witnesses Enrique Veles-Anaya and E.H.G. (represented by Anahita

Hasheminijad), and K.G.D.L., who is named in a Petition in the San Diego Juvenile

Court in case number JCM241346.

/ / /

18MJ3314-WVG

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3. On June 14, 2018, I was appointed to represent the Material Witnesses.

4. On June 18, 2018, the Material Witnesses were arraigned in a Title 18

U.S.C. § 3144 Material Witness Complaint.

5. Material Witness counsel has been unable to determine the exact

allegations in K.G.D.L.’s Petition given the secrecy around juvenile matters.

Material Witness counsel has requested information as to the nature of charges

against K.G.D.L. from Assistant United States Attorney Janet Cabral, but has not

yet received that information.

6. The Material Witnesses were held at the Imperial Border Patrol Station

(“Imperial Station”) from May 31, 2018 until June 8, 2018. Material Witness Juan

Carlos Garcia-Vargas (“Mr. Garcia”) indicated that, while at that facility, he slept on

the floor on a thin mat with a blanket. He complained that it was very cold. “They

call it the ice box,” he said. Mr. Garcia further indicated that he was “not given

enough food” and stated that he was only given three burritos per day and two

crackers. With regard to Material Witness Miguel Pardo Serrano (“Mr. Pardo”), he

originally refused to speak with me. He was upset that I had not come to see him in

so long. Eventually, I was able to persuade him to speak with me through my

interpreter and the guard at the facility; however, there is definitely a lack of trust on

his part because he thinks I took almost three weeks to come see him. I explained to

him that I was not appointed to represent him until 15 days after he was arrested, but

he does not seem to trust anyone right now. (This is another example of why it is

imperative to get counsel appointed immediately after material witnesses are

arrested.) Mr. Pardo indicated that he slept each evening on a mat with a mylar

blanket in a room of 35 people. Unfortunately, Mr. Pardo’s blanket ripped, but the

guard told he and another gentleman who had a ripped blanket that “they would only

get one blanket and to not ask for another one.” Mr. Pardo also stated that he only

got to shower once every 72 hours at that facility. Further, Mr. Pardo stated that they

were not allowed to go outside at all while at the Imperial Station. According to Mr.

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Pardo, he was given one bean burrito at breakfast, one at lunch, and one at dinner, as

well as one cookie between breakfast and lunch. Mr. Pardo also indicated that it was

difficult to use the bathroom given that there were only two toilets for 35 people.

With regard to Material Witness Macario Hernandez-Bautista (“Mr. Hernandez”), he

indicated that, while at the Imperial Station, he slept on a mat “with a sheet of

aluminum.” Mr. Hernandez describes the temperature of the facility as being “very,

very cold.” He also indicated that the lights were on “constantly” so it was difficult

to sleep. In the eight days that Mr. Hernandez was at the Imperial Station, he was

allowed to shower only twice. Each time, Mr. Hernandez was given “a type of

shampoo in a little can,” but no soap. Mr. Hernandez indicated that neither he nor his

companions were ever given a toothbrush or toothpaste. Further, Mr. Hernandez

stated that he was given one bean burrito at each meal, and he was given three meals

per day. He stated that they also occasionally gave him a cookie. Mr. Hernandez

describes himself as being “hungry all of the time.” According to Mr. Hernandez,

“there were two toilets up against the wall expose to everyone in the same room

where we slept.” Mr. Hernandez also stated that he wore the same clothes that he was

arrested in the entire time; he was never given a change of clothes. Moreover, Mr.

Hernandez indicated that they were never allowed to go outside. Finally, Mr.

Hernandez stated that he was not allowed to make a telephone call, despite numerous

requests to do so.

7. On June 8, 2018, the Material Witnesses were transported to Barracks

5. They were held at Barracks 5 from June 8, 2018 to June 15, 2018. Mr. Garcia

indicated that, while there, he slept in one big room with “about 60 people”. He

stated that Barracks 5 was very cold. Mr. Garcia further stated that he was given the

same amount of food, three bean burritos per day and a cracker, that he was given at

the first facility. Mr. Garcia stated that he has “lost between 4-5 kilos". He indicated

that he weighed in at 68 kilos the day of his arrest and when he was weighed at San

Luis Detention Center, he weighed in at 64 kilos. With regard to Mr. Pardo, he also

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stated that he was constantly starving because, like at the previous facility, he was

given only three bean burritos per day. As far as the sleeping conditions at Barracks

5, Mr. Pardo indicated that he slept on a cot. He explained that there were 59 cots in

the facility and they were full every night. Mr. Pardo stated that there were two

showers so he was able to shower daily. He also stated that there were only two

toilets for 59 people, which caused a real issue because he could never get in to use

the restroom. Mr. Pardo further stated that the toilets were “open” so there was no

privacy. Finally, he stated that he and his companions were able to go outside for one

hour per day while at Barracks 5. With regard to Mr. Hernandez, he indicated that,

while at the Barracks 5, he slept on a “mat on top of a cot.” Mr. Hernandez indicated

that at least two lights were always on. He described there being four lights at the

facility, and two lights would be turned off from 1:00 a.m. to 5:00 a.m. Mr.

Hernandez further indicated that he was allowed to shower every day at this facility;

however, it had to be at 11:00 p.m. at night because that is when the guards would

disburse the “shampoo”. Mr. Hernandez stated that, after receiving the “shampoo”,

they would be sent in “two-by-two to the showers”. Additionally, Mr. Hernandez

indicated that he was finally given a toothbrush and toothpaste at this facility. As far

as meals, Mr. Hernandez stated that he was given one bean burrito, three times per

day with an occasional cookie. According to Mr. Hernandez, there were only two

toilets and the lines to use the toilet were long, causing significant wait times.

Further, Mr. Hernandez stated that he continued to wear the same clothes that he was

arrested in the entire time; he was never given a change of clothes at Barracks 5. Mr.

Hernandez indicated that they were allowed to go outside once per day. Finally, Mr.

Hernandez stated that he was not allowed to make a telephone call, despite numerous

requests to do so.

8. On June 15, 2018, the Material Witnesses were booked into MCC.

/ / /

/ / /

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9. On June 19, 2018, the Material Witnesses were transported to the San

Luis Detention Center. They remain at that facility as of this date.

I declare under penalty of perjury that the foregoing is true and correct and that

this Declaration was executed in San Diego, California on June 22, 2018.

Signed: s/ Stacey A. Kartchner Stacey A. Kartchner Attorney for Material WitnessesJuan Carlos Garcia-Vargas Macario Hernandez-Bautista Miguel Pardo-Serranosak@staceykartchner.com

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