Free Jury Trial - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2886

Filed 04/30/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL

Date: April 30, 2008 Courtroom Deputy: Robert R. Keech Court Reporter/ECR: Kara Spitler

Prob/Pret: Interpreters:

N/A Jesse Torres (a.m.) and Pete Tenorio (p.m.)

Criminal Case No. 00-cr-00531-WYD UNITED STATES OF AMERICA, Plaintiff, v. 2. RUDY CABRERA SABLAN, Defendant.

Counsel: Brenda K. Taylor Philip A. Brimmer

Forrest W. Lewis Donald R. Knight

COURTROOM MINUTES

TRIAL TO JURY (DAY 24) 9:23 a.m. Court in Session - Jury not present Discussion regarding stipulated protocol for viewing of mock cell. Defendant's oral motion for judgment of acquittal (Mr. Lewis). 9:24 a.m. 9:26 a.m. Argument by Defendant (Mr. Lewis). Argument by Government (Mr. Brimmer). Court makes findings. ORDERED: Defendant's oral motion for judgment of acquittal is DENIED.

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Case 1:00-cr-00531-WYD

Document 2886

Filed 04/30/2008

Page 2 of 4

Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes 9:30 a.m. Jury enters Government rests Defendant's witness Charles Dean Packard sworn. Direct examination by Defendant (Mr. Lewis). EX ID: Y Exhibit/s Y (for demonstrative purposes only) RECEIVED. 9:51 a.m. Cross examination by Government (Ms. Taylor). EX ID: Y Direct examination by Defendant continues (Mr. Lewis). EX ID: Y Cross examination by Government continues (Ms. Taylor). EX ID: Y Defendant's witness Don Thomas sworn. Direct examination by Defendant (Mr. Lewis). 10:03 a.m. 10:05 a.m. Cross examination by Government (Ms. Taylor). Court's remarks regarding procedure for the public and jurors to view the mock cell (Defendant's exhibit Y). Jury excused Court in Recess Public allowed to view the mock cell (Defendant's exhibit Y) during recess. 10:36 a.m. Court in Session - Jury not present Parties, counsel, and public are not present in the courtroom. 10:37 a.m. Jury enters

9:54 a.m.

9:56 a.m.

9:58 a.m.

10:09 a.m. 10:10 a.m.

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Case 1:00-cr-00531-WYD

Document 2886

Filed 04/30/2008

Page 3 of 4

Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes Jurors are brought into the courtroom individually to view the mock cell (Defendant's exhibit Y). 10:48 a.m. 10:49 a.m. 11:22 a.m. Jury excused until 11:15 a.m. Court in Recess Court in Session - Jury enters Court informs jury that no further evidence will be presented today. 11:24 a.m. Jury excused for the evening. Court's remarks regarding jury instruction conference this afternoon and procedure for alternate jurors. 11:26 a.m. Discussion regarding procedure for use of alternate jurors. Objection by Defendant is OVERRULED. Court's remarks regarding procedure for jury instruction conference and proposed jury instructions.

11:31 a.m.

JURY INSTRUCTION CONFERENCE #11 #23 #24 12:07 p.m. 2:29 p.m. #24 Objection by Government - Court will modify - No objection Objection by Government - Court will modify - No objection Objection by Government - deferred Court in Recess Court in Session - Jury not present Objection by Defendant - Court will modify over objection by Defendant. REFUSED REFUSED REFUSED REFUSED REFUSED REFUSED

Defendant's H Defendant's I Defendant's J Defendant's K Defendant's L Defendant's Verdict Form A

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Case 1:00-cr-00531-WYD

Document 2886

Filed 04/30/2008

Page 4 of 4

Judge Wiley Y. Daniel 00-cr-00531-WYD - Courtroom Minutes Verdict Form Objection by Government / Defendant - Court will modify. 3:12 p.m. Discussion regarding schedule for remaining testimony and time limits for closing arguments. Closing arguments shall not exceed two (2) hours. Defendant is REMANDED into the custody of the U.S. Marshal. Court in Recess - TRIAL CONTINUED

ORDERED: ORDERED: 3:17 p.m.

TOTAL TIME: 2:33

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