Free Sentencing Memorandum - District Court of California - California

Case 5:07-cr-00610-JF

Document 29-2

Filed 05/01/2008

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EXHIBIT A
Letters of support/reference

Case 5:07-cr-00610-JF

Document 29-2 Filed 05/01/2008 Charles H. Stephanski 410 Mill Pond Drive San Jose, California 95125

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4086052113
March 2, 2008

To Whom It May Concern: I havepersonallyknown Bernadette Escuesinceshewas in 9thgradeof high schoolin SanLeandroCA. Sheandmy daughterwerebestof friendsthroughtheir high school years.As a friend, shewas a very frequentvisitor to our home. Bernadette marriedmy sonin Juneof 1984. During the six yearsthey were marriedmy wife andI saw Bernadette a family member. Shewasa teamplayer at family functions,helping as with planningand activities. If you could possiblyimaginethe utter shockmy wife and I receivedwhen I readabout Bernadette's troublesin my morningpaper,you could understand personal our opinion of this young womanandher character.We thoughtat first that therehadbeensome mistake. Bernadette a caringand loving mother. Her sonJulian,now a collegefreshman, on is is a rowing teamat Gonzaga University in Spokane, Washington.Bernadette's parenting skills havehelpedJulian matureandgrow into a law biding responsible young adult with excellentpotential. One might considerthis reflective of the character, valuesand moralsof both his parents. Motivated by love and concernfor her sonandhis future,Bernadette exercised very poorjudgment. Her actions,while very ill-considered,were certainlynot criminal by intent. While I do not havepersonalknowledgeof all aspects her case,I sttongly of believethat shehaslearneda poignantlessonand is positively no risk in any way to society. Putting Bernadette prison would be a terrible mistake. I personallyfeel that in evenhomedetentionis unwarranted this case. in

Sincerely,

t~6t~A~";
CharlesH. Stephanski Fonner father-in-law

Case 5:07-cr-00610-JF

Document 29-2

Filed 05/01/2008

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March 26, 2008

To Whom It May Concem: My nameis Annie Stephanski Allen and I live in Pleasant Hill, California. Bernadette I became and friendsduring seventh grade,in 1977. We were cheerleaders together,shopped, playedwith makeup, listenedto music,attended concerts, slumberparties,and shared greatfriendshipthroughout had a Junior High andHigh School. One yearafter graduating, Bernadette marriedmy oldestbrother. This was fantastic;we continuedour friendship,but now shewas an official memberof my family! We had manyfriends in common, continuedto spendholidaystogether,held SuperBowl partiesand cookouts,and for a time were roommates.In 1989,Bernadette my brotherbroughttheir baby son,my first nephew,Julian,into and our family. Unfortunately,the marriagedidn't last, but our friendshipendured. Bernadette a wann, gracious,charmingwoman. Shelovesto cook, and evef)'oneis welcomeat her is table. Two yearsago,my sistersenther teenaged daughters from Georgiato spentpart of their summervacationwith me. My two nieces,my two daughters, I spenta day in SanFrancisco and with my brotherandmy nephew,Julian. Afterward,Juliantook us hometo Bernadette's house. We droppedin unannounced, Bernadette but huggedus all, madea hugepot of pasta,retrieveda bin of old family photosandreminiscedwith us for hours. My niecessaidit was a highlight of their visit. This is typical Bernadette; openarmsfor hugsand a hummingkitchento feedeveryone. Now that I live in the EastBay and havetwo school-aged children,Bernadette I don't have and opportunityto get togetheroften. But our relationshipis onethat flourishesevenwith infrequent visits. Bernadette beenpart of my life for so long; we know that our friendshipcan lie dorDlantfor has a few months,but it wakesup quickly wheneverwe find time to spendtogether. Bernadette beena greatassetto her family. Shehelpedcarefor her dying grandmother, has and continues sharein the careof her agingparents. Sheis compassionate responsible.Shehas to and beena wonderful motherto my nephew. I credit Bernadette tremendously the way he's turnedout; for he hasgrown into a thoughtful,personable, intelligent youngman. I cannotimaginethat being sentto prisonwould servethe greatergood. Bernadette not a dangerto is society,and hassurelydemonstrated ability to admit her mistakesandtakeresponsibilityfor her the actions. It is my fondesthopeat this time that Bernadette receives probationor homedetention. She shouldabsolutelybe requitedto pay bet debtto society,but shouldbe allowedto contributeasa productivememberof that society. Sheis a talentedwomanwho shouldbe allowedto useher talents to supportherselfoutsideof prison,andnot further burdenthe overtaxedprison system. Thank you for your consideration. Most Sincerely,

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,~! ~? Margal'etAnne Stephanski Allen, ,

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Case 5:07-cr-00610-JF

Document 29-2

Filed 05/01/2008

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February10,2008 Re: Letterof Referencefor BernadetteEscue
To Whom it May Concern: I am writing this letter in support of Bernadette Escue. I am aware of the case pending and would like to share about my knowledge and relationship with her. I have been a colleague and have grown into a friend of Bernadette's for almost 8 years. We served on the Board of Directors of the Non Profit Gay and Lesbian Softball League (GSL) in San Francisco and collaborated on work in different capacities with the National Association of Gay Amateur Athletes (NAGAA). We are also very good friends.

Bernadette the first person to encourage me to serve on the Board of was
Directors. She helped me understand the value of contributing positively to a community I felt strongly about. She also taught me to be a part of a solution by participating in decision making. She demonstrated, through her own participation and encouragement the value of volunteerism and how one person can make a difference in the lives of others. I have also watched Bernadette raise her son. He is a beautiful person due in part to Bernadette's parenting and community. I know she wants the best for him which may be where the problems for her began. I do believe Bernadette has learned from this experience and has taken steps to improve her life and relationship to money. I further believe Bernadette has taken responsibility for her actions and is suffering as a result of her poor choices. As Bernadette's friend, it was important for me to understand how Bernadette found her self in a place where she would make the choices she did that led to this legal case. I believe she is still trying to learn the life lessons necessary to make sure this never happens again, and I do believe she is suffering the consequences of her actions. For Bernadette, public and private humiliation and financial payment are consequence enough. I do not believe jail time would serve any purpose. She has served her community in so many positive ways, I would hope those contributions would play in her favor when considering if she needs further consequences to learn from her mistakes.

Sincerely.

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Case 5:07-cr-00610-JF

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January 28, 2008 To Whom It May Concern: Re: BernadetteEscue I haveknown Bernadette Escuc since December2000. I initially met Bernadettewhen I was the RegionalDirector Salesfor Wyndham International and she worked at Network Appliance. Wehavc.; sta)'ed'in touch ovcr tl-.eycars and I r~al:)' got to kno~vBt:.rrtadcttc after she left Network Appliance and went to work for Covad Systems, Bernadettehas in the last 6 years beena very good friend. I find her to be caring, giving of herself and her time to the NAAGA organization as well as W taking car~ of h~r friends and family. Th~reare peoplethat should be incarceratedand I feel strongl}' that Bernadette may have made a mistake but by incarcerating her will only do irreparable harm to her and her fa~ily. Her spirit is goodand her heart is better - I believeBernadettewould respond well to home detention and probation as she is a personwho made a mistake and has changedto build a character that I personallywill attest to. In the past 6 years Bernadettehas committed to helping those around her. Her personality is upbeat and her attitude is one of joy and peace. I know Bernadettehas learned from the experienceand I know that she is and can be a productive and law-abiding citizen and member of our community. Sheis a caring and helpful individual who lovesher child. her family and friends. Feelfree to call me personally if I can provide additional help.
Sincerely,
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925-251-6154 209-401-2324

Deborah Greene (work) (c~l) -

Case 5:07-cr-00610-JF

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January 2008 23.
Re: U.s. v. Bernadette Escue

US District Court (SanJose)No. CR-O7-006JO JF

To WhomIt May Concern: My nameis Cheryl Barlow and J am writing to share experience, my impressionand opinionof Bernadette Escuefor the purpose reviewingher wire fraud case. of
Bernadetteand I havebeenfriends,roommates and long distance"sistersof the heart"

ever since metin the fall of ] 991. I wasimmediatelyimpressed we with Bernadette's
class, charmand wit and to this day valueher preciousfriendship. Over the yearsI have foundher to be bright, easygoing, resilient,encouraging, self-sacrificing,and aboveall devoted thosesheloves. to Shehasalwaysbeenthere for her son,parents, brother,grandparents, other extended and family members.Whetherdriving her mling parents a doctor's appointment, to overseeing nursing homecare for her grandmother simply babysittingher nephew the or & niece. I havethe utmost respectfor any singlemom raisinga child in the "big city" andBernadette's imprint, influenceand affection for her sonare clearly apparentin the exemplary young man that he is turning out to be. Bernadette also loyal to her close-knitgroupof friendsand standsas a stellar figure in is hercommunity. When I moved from SanFrancisco Utah I sincerelymissedthe to Sunday bnmches and impromptu BBQ's that alwaysseemed end up at Bernadett~'s to house.And you neverhaveto ask Bernadette t\\Iicefor a favor; her immediateresponse--sometimes evenbefore you finish the question---is always,"Sure, what do you need?" I can't countthe numerousfundraisers she'sbeeninvolved in, the board's she's sat on. the numberof peopleshe's helpedmove or the year'sshe'smanaged local baseballteam. a Personally, haveconfided in and relied on Bernadette every facet of my life. There I in hasn'tbeena detail too intimate or worry too silly to ~hw't: with her. Shecan find thc perspective lost, bring out the humor in any situation,and remind you that no matter you how you feel, you aren't aloneand somebody doeslove you. That is an amazinggift. WhenI wentthrough my own court battle(custody)I watchedas many peoplethat I thoughtwerefriends take sidesandturn awayfrom me. Bernadette neverfalteredfor a second questioned or anything that happened, evenfrom long distancesheremained a sweet reliablecomfort. I admitthat I wastotally surprisedwhen Bernadette me aboutthe poor choicesshe told made broughther to this literal trial in her life. I wasnot surprised,however,in that Bernadette's willingness to admit her wrong-doingandher fortitude to makeamends for her baddecision. Shetruly is a womanof integrity. evenwhen the consequences are severe.

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Case 5:07-cr-00610-JF

Document 29-2

Filed 05/01/2008

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I canseethe downhill progression canfollow a few hardknockscombinedwith that some temble timing because havebeenthere--we've all beenthere;perhaps to this I not magnitude, definitely on somelevel. Thereis no doubtin my mind that nothinglike but this will everhappen Bernadette's againandI praythat this hardlessonwill assist in life herto learnhow to ask for the helpsheso easilyoffersothers.

Sincerely

~~~v
Cheryl Harlow 1921West 1980 North St. GeorgeUT 84770

(435)231-4961

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