Free Jury Trial - District Court of Colorado - Colorado

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

Document 1186

Filed 05/03/2007

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

May 3, 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

8:20 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. 8:20 a.m. Response by Mr. Angelo, for the Government, as to the Defendants' Motions for Acquittal. Reply by Mr. O' Donnell and Mr. Stuckey for Defendant Michael Smith. Reply by Mr. Goodreid for Defendant George Weed.
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9:04 a.m. 9:09 a.m.

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

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9:11 a.m. Reply by Mr. Bornstein for Defendant Norman Schmidt. Defendants' Motions for Acquittal are taken under advisement. 9:15 a.m. 9:35 a.m. Court in recess. Court in session.

The jury is not present. Discussion by the parties and the court as to the witness, Mr. Mark Perrault. 9:40 a.m. 9:45 a.m. Court in recess. Court in session.

Defendant Michael Smith calls witness, Mr. Mark Perrault. The witness is sworn. 9:45 a.m. Direct examination of the witness, Mr. Mark Perrault, by Mr. Stuckey for Defendant Michael Smith.

Defendant Michael Smith offers Smith' Exhibit 35. s No objections by the parties. Smith' Exhibit 35 is admitted into evidence. s Defendant Michael Smith offers Smith' Exhibit 44. s Voir dire by Mr. Gainor as to Smith' Exhibit 44. s Objections by Defendant Charles Lewis. Defendant Charles Lewis' objection is sustained. s The Court will admit Lewis' Exhibit 44 when redacted as ordered by the Court. s Defendant Michael Smith' offers Smith' Exhibit 1. s s Objections by the Government. Objections by Defendant Norman Schmidt. Objections by Defendant Charles Lewis.

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

Document 1186

Filed 05/03/2007

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Smith' Exhibit 1 is withdrawn by Defendant Michael Smith. s 10:42 a.m. Cross examination of the witness, Mr. Mark Perrault, by Mr. Gainor for Defendant Charles Lewis. Court in recess. Court in session. Cross examination of the witness, Mr. Mark Perrault, by Mr. Angelo for the Government.

11:05 a.m. 11:25 a.m. 11:25 a.m.

The witness is excused and released from subpoena. 12:02 p.m 1:20 p.m. Court in recess and shall reconvene at 1:15 p.m. Court in session.

Defendant Michael Smith is called as a witness. The witness is sworn. 1:21 p.m. Direct examination of the witness, Mr. Michael Smith, by Mr. O' Donnell.

Defendant Michael Smith offers Smith' Exhibit 1. s Voir dire by Mr. Hammond for Defendant Norman Schmidt. Objections by the Government. Objections by Defendant Norman Schmidt and Charles Lewis. Defendant Norman Schmidt and Charles Lewis' objections are overruled. s Government' objections are overruled. s Smith' Exhibit 1 is admitted into evidence. s Defendant Michael Smith offers Smith' Exhibit 2. s Objections by the Government. The Government' objections are overruled. s Smith' Exhibit 2 is admitted into evidence. s

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

Document 1186

Filed 05/03/2007

Page 4 of 5

Defendant Michael Smith offers Smith' Exhibit 4. s No objections by the parties. Smith' Exhibit 4 is admitted into evidence. s Defendant Michael Smith offers Smith' Exhibit 8. s Objections by the Government. Objections by Defendant Norman Schmidt. Objections are sustained. Smith' Exhibit 8 is not admitted into evidence. s Defendant Michael Smith offers Smith' Exhibit 9. s Objections by the Government. Objections by Defendants Norman Schmidt and George Weed. The objections are sustained. Smith' Exhibit 9 is not admitted into evidence. s Defendant Michael Smith offers Smith' Exhibits 9 and 10. s Voir dire by Mr. Kirsch for the Government. Objections by the Government and Defendant George Weed. Objections are overruled. Smith' Exhibits 9, expect for page 1 and 10 are admitted into evidence. s Defendant Michael Smith offers Smith' Exhibit 12. s Smith' Exhibit 12 admitted into evidence. s 3:00 p.m. 3:18 p.m. 3:18 p.m. Court in recess. Court in session. Continued direct examination of the witness, Mr. Michael Smith, by Mr. O' Donnell.
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Case 1:04-cr-00103-REB-MEH

Document 1186

Filed 05/03/2007

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Defendant Michael Smith offers Smith' Exhibit 13. s Smith' Exhibit 13 admitted into evidence. s Defendant Michael Smith offers Smith' Exhibit 14. s Voir dire by Mr. Kirsch for the Government. Objections by Defendant Norman Schmidt are taken under advisement. Defendant Norman Schmidt' objections are taken under advisement. s The witness is excused. The Court grants Defendant Michael Smith' request to take a witness out of order. s Defendant Michael Smith calls witness Mr. Bly Haugen. The witness is sworn. 3:35 p.m. Direct examination of the witness, Mr. Bly Haugen, by Mr. Stuckey for Defendant Michael Smith.

The record shall reflect that the witness identified the Defendant Mr. Michael Smith. 3:43 p.m. Cross examination of the witness, Mr. Bly Haugen, by Mr. Angelo for the Government.

The witness is excused and released from subpoena.

5:00 p.m.

Court in recess and shall reconvene on Monday, May 7, 2007, at 8:30 a.m.

Total in court time: 6 hours and 19 minutes - Trial continued

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