Free Jury Trial - District Court of Colorado - Colorado

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

Document 1187

Filed 05/07/2007

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

May 7, 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-ONE

8:30 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 not present. Defendant Michael Smith calls witness, Mr. Jeffrey Mitchell. The witness is sworn. 8:32 a.m. Direct examination of the witness, Mr. Jeffrey Mitchell, by Mr. Stuckey.

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8:42 a.m.

Cross examination of the witness, Mr. Jeffrey Mitchell, by Mr. Angelo for the Government.

8:53 a.m.

Redirect examination of the witness, Mr. Jeffrey Mitchell, by Mr. Stuckey.

The witness is excused and released from subpoena. Defendant Michael Smith calls witness, Mr. Eric Weare. The witness is sworn. 8:56 a.m. 9:06 a.m. Direct examination of the witness, Mr. Eric Weare, by Mr. Stuckey. Cross examination of the witness, Mr. Eric Weare, by Mr. Goodreid for Defendant George Weed. Cross examination of the witness, Mr. Eric Weare, by Mr. Angelo for the Government. Redirect examination of the witness, Mr. Eric Weare.

9:09 a.m.

9:16 a.m.

The witness is excused and released from subpoena. Defendant Michael Smith calls witness, Mr. David Dodd. The witness is sworn. 9:17 a.m. 9:26 a.m. Direct examination of the witness, Mr. David Dodd, by Mr. Stuckey. Cross examination of the witness, Mr. David Dodd, by Mr. Kirsch for the Government.

The witness is excused and released from subpoena. Defendant Michael Smith calls witness, Ms. Paula Galley, The witness is sworn. 9:33 a.m. 9:38 a.m. Direct examination of the witness, Ms. Paula Galley, by Mr. Stuckey. Cross examination of the witness, Ms. Paula Galley, by Mr. Goodreid for Defendant George Weed.

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9:39 a.m.

Cross examination of the witness, Ms. Paula Galley, by Mr. Angelo for the Government.

The witness is excused and released from subpoena. Defendant Michael Smith calls witness, Detective Brian Hammond. The witness is sworn. 9:44 a.m. Direct examination of the witness, Detective Brian Hammond, by Mr. Stuckey.

The record shall reflect that the witness indefentifed the Defendant Michael Smith. 9:49 a.m. Cross examination of the witness, Detective Brian Hammond, by Mr. Angelo for the Government.

The witness is excused and released from subpoena. Defendant Michael Smith calls witness, Mr. David Peckham. The witness is sworn. 9:57 a.m. 10:03 a.m. Direct examination of the witness, Mr. David Peckham, by Mr. Stuckey. Cross examination of the witness, Mr. David Peckham, by Mr. Angelo.

The witness is excused and released from subpoena. 10:05 a.m. 10:25 a.m. Court in recess. Court in session.

Defendant Michael Smith calls witness, Mr. Dennis McConkey. The witness is sworn. 10:26 a.m. Direct examination of the witness, Mr. Dennis McConkey, by Mr. Stuckey.

The record shall reflect that the witness identifies the Defendant Michael Smith. 10:29 a.m. Cross examination of the witness, Mr. Dennis McConkey, by Mr. Kirsch for the Government.

The witness is excused and released from subpoena.
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Defendant Michael Smith calls witness, Mr. Jim Brown. The witness is sworn. 10:32 a.m. Direct examination of the witness, Mr. Jim Brown, by Mr. Stuckey.

The record shall reflect that the witness identifies the Defendant Michael Smith. 10:41 a.m. Cross examination of the witness, Mr. Jim Brown, by Mr. Kirsch for the Government. Redirect examination of the witness, Mr. Jim Brown, by Mr. Stuckey. Re-cross examination of the witness, Mr. Jim Brown, by Mr. Kirsch.

10:49 a.m. 10:52 a.m.

The witness is excused and released from subpoena. Defendant Michael Smith retakes the witness stand. The witness is reminded that he remains under oath. 10:54 a.m. Direct examination of the witness, Mr. Michael Smith, by Mr. O' Donnell resumes.

Defendant Michael Smith offers Smith' Exhibit 14. s Objections by Defendant Norman Schmidt. Defendant Norman Schmidt' objections are sustained. s Smith' Exhibit 14 is not admitted into evidence, at this time. s Defendant Michael Smith offers Smith' Exhibit 15. s Voir dire by Mr. Kirsch for the Government. Objections by the Defendant George Weed. Defendant George Weed' objections are taken under advisement. s Smith' Exhibit 15 is not admitted into evidence at this time. s Defendant Michael Smith offers Smith' Exhibit 16. s

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Objections by Defendant Norman Schmidt. Defendant Norman Schmidt' objections are sustained. s Smith' Exhibit 16 is not admitted into evidence. s Defendant Michael Smith offers Smith' Exhibit 19. s Voir dire by Mr. Hammond for Defendant Norman Schmidt. No objections by the parties. Smith' Exhibit 19 is admitted into evidence. s Defendant Michael Smith offers Smith' Exhibit 20. s No objections by the parties. Smith' Exhibit 20 is admitted into evidence. s Defendant Michael Smith offers Smith' Exhibit 22. s Objection by the Government. Government' objections are sustained. s Smith' Exhibit 22 is not into evidence. s Defendant Michael Smith re-offers Smith' Exhibit 22. s No objections by the parties. Smith' Exhibit 22 is admitted into evidence. s Defendant Michael Smith offers Smith' Exhibit 23. s Objections by the Government. Government' objections are overruled. s Smith' Exhibit 23 is admitted into evidence. s Defendant Michael Smith offers Smith' Exhibit 24. s

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Objections by the Government. Government' objections are sustained. s Smith' Exhibit 24 is not admitted into evidence. s Defendant Michael Smith offers Smith' Exhibit 28. s No objections by the parties. Smith' Exhibit 28 is admitted into evidence. s 12:00 noon Court in recess and shall reconvene at 1:00 p.m. 1:05 p.m. Court in session. Direct examination of the witness, Mr. Michael Smith, by Mr. O' Donnell resumes. Defendant Michael Smith offers Smith' Exhibit 30. s No objections by the parties. Smith' Exhibit 30 is admitted into evidence. s Defendant Michael Smith offers Smith' 31. s No objections by the parties. Smith' Exhibit 31 is admitted into evidence. s Defendant Michael Smith offers Smith' Exhibit 32. s No objections by the parties. Smith' Exhibit 32 is admitted into evidence. s Defendant Michael Smith offers Smith' Exhibit 36. s Objections by the Government. Government' objections are sustained. s Smith' Exhibit 36 is not admitted into evidence. s Defendant Michael Smith re-offers Smith' Exhibit 36. s
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Smith' Exhibit 36 is admitted for demonstrative purposes only. s Defendant Michael Smith offers Smith' Exhibit 37 for demonstrative purposes only. s 2:10 p.m. 3:25 p.m. Court in recess and shall reconvene at 3:15 p.m. Court in session.

Direct examination of the witness, Mr. Michael Smith, by Mr. O' Donnell resumes. Defendant Michael Smith offers Smith' Exhibit 39. s Voir dire by Mr. Kirsch for the Government. Objections by the Government. Government' objection is sustained. s Smith' Exhibit 39 is not admitted into evidence. s Defendant Michael Smith offers Smith' Exhibit 41. s Objections by the Government. Government' objections are overruled. s Smith' Exhibit 41 is admitted into evidence. s Defendant Michael Smith offers Smith' Exhibit 44 as redacted. s No objections by the parties. Smith' Exhibit 44 is admitted into evidence. s Defendant Michael Smith offers Smith' Exhibit 45. s No objections by the parties. Smith' Exhibit 45 is admitted into evidence. s 4:28 p.m Cross examination of the witness, Mr. Michael Smith, by Mr. Gainor for Defendant Charles Lewis. Cross examination of the witness, Mr. Michael Smith, by Mr. Kirsch for the Government.
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4:33 p.m.

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

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4:55 p.m.

Court in recess and shall reconvene on Tuesday, May 8, 2007, at 8:30 a.m.

Total in court time: 5 hours and 45 minutes - Trial continued

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