Free Jury Trial - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB-MEH

Document 1196

Filed 05/09/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn

May 9, 2007 Courtroom Deputy: Ginny Kramer Court Reporter: Suzanne Claar _____________________________________________________________________ Criminal Case No. 04-cr-00103-REB UNITED STATES OF AMERICA, v. 1. 2. 4. 6. NORMAN SCHMIDT, GEORGE ALAN WEED, CHARLES LEWIS, MICHAEL SMITH, Defendants. Thomas Hammond / Peter Bornstein Thomas Goodreid Ronald Gainor Richard Stuckey / Declan O' Donnell Matthew Kirsch Wyatt Angelo

COURTROOM MINUTES - JURY TRIAL - DAY TWENTY-THREE

8:50 a.m.

Court in session.

Defendants Charles Lewis, George Alan Weed, and Michael Smith are present in court (on bond). Defendant Norman Schmidt is present in court (in custody). The jury is present. 8:50 a.m. Cross examination of the witness, Mr. George Weed by Mr. Angelo resumes.

The Government offers Government' Exhibit 5034, pages 2 and 3. s No objections by the defendants.
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Case 1:04-cr-00103-REB-MEH

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Government' Exhibit 5034, pages 2 and 3 is admitted into evidence. s The Government offers Weed' Exhibit 27. s No objections by the parties. Weed' Exhibit 27 is admitted into evidence. s The Government offers Weed' Exhibit 30. s No objections by the parties. Weed' Exhibit 30 is admitted into evidence. s The Government offers Weed' Exhibit 33. s No objections by the parties. Weed' Exhibit 33 is admitted, as redacted, is admitted into evidence. s 10:00 a.m. 10:20 a.m. Court in recess. Court in session.

Cross examination of the witness, Mr. George Weed, by Mr. Angelo resumes. The Government offers Weed' Exhibit 53. s No objections by the parties. Weed' Exhibit 53 is admitted into evidence. s The Government offers Government' Exhibit 5001. s No objections by the parties. Government' Exhibit 5001 is admitted into evidence. s The Government offers Weed' Exhibit 61. s No objections by the parties. Weed' Exhibit 61 is admitted into evidence. s The Government offers Weed' Exhibit 60. s
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Case 1:04-cr-00103-REB-MEH

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Filed 05/09/2007

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No objections by the parties. Weed' Exhibit 60 is admitted into evidence. s 12:02 p.m. 1:20 p.m. Court in recess and shall reconvene at 1:15 p.m. Court in session.

Cross examination of the witness, Mr. George Weed, by Mr. Angelo resumes. The Government offers Government' Exhibit 9402. s Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objections are overruled. s Government' Exhibit 9402 is admitted into evidence. s 1:37 p.m. Redirect examination of the witness Mr. George Weed, by Mr. Goodreid.

The witness is excused. 2:10 p.m 2:11 p.m. Defendant George Weed rests. Defendant Norman Schmidt rests.

The Government does not have rebuttal evidence. The evidence in this case is complete. 2;15 p.m. The jury is excused and shall reconvene on Monday, May 14, 2007, at 8:30 a.m. Court in recess. Court in session.

2:20 p.m. 2:40 p.m.

The Court enters Findings of Fact, Conclusions of Law, and orders as to the mid-trial Motions for Acquittal by the Defendants. It was ORDERED: 1. That the Government' Motion to Dismiss Count 11 of the Second s superseding Indictment is granted; provided furthermore Count 11 is dismissed with prejudice as to Defendants Norman Schmidt and George Weed; provided furthermore that judgment of acquittal is entered
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accordingly. 2. That the Government' Motion to Dismiss Counts 33 and 35 of the s Second Superseding Indictment is granted; provided furthermore, that Counts 33 and 35 of the Second Superseding Indictment renumbered by the court for trial as Counts 32 and 34, in which only Peter A. W. Moss is charged, are dismissed with prejudice as to defendants Norman Schmidt, George Weed, Charles Lewis, and Michael Smith. That the mid-trial oral motions of defendants, Norman Schmidt, Charles Lewis, and Michael Smith for judgment of acquittal under Fed.R.Crim.P. 29(a) are denied. That the mid-trial oral motion of defendant George Weed for judgment of acquittal under Fed.R.Crim.P. 29(a) is granted in part and denied in part; provided furthermore, that defendant George Weed' mid-trial Rule 29 motion of judgment of acquittal on Counts 43 s and 46 of the Second Superseding Indictment, renumbered by the court for trial as Counts 42 and 45, is granted, and that Counts 43 and 46 of the Second Superseding Indictment are dismissed with prejudice as to defendant, Mr. George Weed, and judgment of acquittal is entered accordingly. That defendant George Weed' rule 29 motion is otherwise s denied.

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The Court and counsel discuss post trial motions. Defendant Norman Schmidt makes an Oral Motion to Reconsider the Defendant' Rule s 29, Judgment of Acquittal, motion. Defendant George Weed informs the Court that they still object to Smith' Exhibits 14 s and 15. Defendant Charles Lewis makes an Oral Motion for Judgment of Acquittal as to all Counts of the Indictment. Defendant Michael Smith informs the Court as to the redactions of Smith' Exhibits 14 s and 15. Defendant Michael Smith makes an Oral Motion for Judgment of Acquittal as to Counts 7, 8, 9, and 17. Response by Mr. Angelo for the Government. Jury instructions will be available to counsel at 11:00 a.m. on Thursday, May 10, 2007. 3:40 p.m. Court in recess and shall reconvene on Thursday, May 10, 2007 at
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Case 1:04-cr-00103-REB-MEH

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2:00 p.m. Total in court time: 4 hours and 52 minutes - Trial continued

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