Free Jury Trial - District Court of Colorado - Colorado

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

Document 1172

Filed 04/18/2007

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

April 18, 2007 Courtroom Deputy: Ginny Kramer Court Reporter: Suzanne Claar _____________________________________________________________________ Criminal Case No. 04-cr-00103-REB UNITED STATES OF AMERICA, Matthew Kirsch Wyatt Angelo

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

COURTROOM MINUTES - JURY TRIAL - DAY ELEVEN

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. The Court informs counsel as to the circumstances of Juror 100088934. The Court purposes to discharge Juror 100088934 from further jury duty. The Government has no objections as to discharging Juror 100088934.
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The Defendants objects to the discharging of Juror 100088934. The Defendants' objections are overruled. It is ORDERED: 1. 8:42 a.m. That Juror 100088934 is discharged from further duty and service. The jury is present.

The Government calls witness, Ms. Nancy Balfe. The witness is sworn. 8:44 a.m. Direct examination of the witness, Ms. Nancy Balfe, by Mr. Kirsch for the Government.

The Government offers Government' Exhibit 304. s No objections by the Defendants. Government' Exhibit 304 is admitted into evidence. s The Government offers Government' Exhibit 5013. s No objections by the Defendants. Government' Exhibit 5013 is admitted into evidence. s 8:58 a.m Cross examination of the witness, Ms. Nancy Balfe, by Mr. Stuckey for Defendant Michael Smith. Cross examination of the witness, Ms. Nancy Balfe, by Mr. Gainor for Defendant Charles Lewis. Cross examination of the witness, Ms. Nancy Balfe, by Mr. Goodreid for Defendant George Weed.

9:00 a.m.

9:02 a.m.

The witness is excused and released from subpoena. The Government calls witness, Mr. Timothy Wicker. The witness is sworn.

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9:07 a.m

Direct examination of the witness, Mr. Timothy Wicker, by Mr. Kirsch for the Government.

The Government offers Government' Exhibit 300. s No objections by the Defendants. Government' Exhibit 300 is admitted into evidence. s The Government offers Government' Exhibit 301. s No objections by the Defendants. Government' Exhibit 301 is admitted into evidence. s The Government offers Government' Exhibit 302. s No objections by the Defendants. Government' Exhibit 302 is admitted into evidence. s The Government offers Government' Exhibit 303. s Voir dire by Mr. Goodreid for Defendant George Weed. No objections by the Defendants. Government' Exhibit 303 is admitted into evidence. s 9:39 a.m Cross examination of the witness, Mr. Timothy Wicker, by Mr. Stuckey for Defendant Michael Smith. Cross examination of the witness, Mr. Timothy Wicker, by Mr. Gainor for Defendant Charles Lewis. Cross examination of the witness, Mr. Timothy Wicker, by Mr. Goodreid for Defendant George Weed. Redirect examination of the witness, Mr. Timothy Wicker. Re-cross examination of the witness, Mr. Timothy Wicker, by Mr. Goodreid for Defendant George Weed.

9:43 a.m.

9:48 a.m.

10:03 a.m. 10:04 a.m.

The witness is excused and released from subpoena.
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10:05 a.m. 10:24 a.m.

Court in recess. Court in session.

The jury is not present. Comments to the Court by Mr. Stuckey for Defendant Michael Smith. 10:29 a.m. The jury is present.

The Government calls witness, Ms. Dawn Leget. The witness is sworn. 10:30 a.m. Direct examination of the witness, Ms. Dawn Leget, by Mr. Kirsch for the Government. Cross examination of the witness, Ms. Dawn Leget, by Mr. Goodreid for Defendant George Weed.

10:47 a.m.

The witness is excused and released from subpoena. The Government calls witness, Mr. William Dellapenna. The witness is sworn. 10:50 a.m. Direct examination of the witness, Mr. William Dellapenna, by Mr. Angelo for the Government.

The Government offers Government' Exhibit 380. s No objections by the Defendants. Government' Exhibit 380 is admitted into evidence. s The Government offers Government' Exhibit 381. s Objections by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 381 is admitted into evidence. s The Government offers Government' Exhibit 386. s

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No objections by the Defendants. Government' Exhibit 386 is admitted into evidence. s The Government offers Government' Exhibit 385. s No objections by the Defendants. Government' Exhibit 385 is admitted into evidence. s The Government offers Government' Exhibit 387. s No objections by the Defendants. Government' Exhibit 387 is admitted into evidence. s The Government offers Government' Exhibit 382. s Voir dire by Mr. Bornstein, for Defendant Norman Schmidt. Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 382 is admitted into evidence. s The Government offers Government' 384. s No objections by the Defendants. Government' Exhibit 384 is admitted into evidence as redacted. s The Government offers Government' Exhibit 388. s No objections by the Defendants. Government' Exhibit 388 is admitted into evidence. s The Government offers Government' Exhibit 389. s Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s
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Government' Exhibit 389 is admitted into evidence. s 11:43 a.m. Cross examination of the witness, Mr. William Dellapenna, by Mr. Stuckey for Defendant Michael Smith.

Defendant Michael Smith offers Smith' Exhibit 11. s No objections by the parties. Smith' Exhibit 11 is admitted into evidence. s 12:02 p.m. Cross examination of the witness, Mr. William Dellapenna, by Mr. Bornstein for Defendant Norman Schmidt. Redirect examination of the witness, Mr. William Dellapenna.

12:18 p.m.

The witness is excused and released from subpoena. 12:20 p.m. 1:33 p.m. Court in recess and shall reconvene at 1:30 p.m. Court in session.

The Government calls witness, Mr. Michael Jones. The witness is sworn. 1:34 p.m. Direct examination of the witness, Mr. Michael Jones, by Mr. Kirsch for the Government.

The Government offers Government' Exhibit 400. s Voir dire by Mr. Bornstein for Defendant Norman Schmidt. Objection as to page 7 of the exhibit by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 400 is admitted into evidence. s The Government offers Government' Exhibit 402. s Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s
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Government' Exhibit 402 is admitted into evidence. s The Government offers Government' Exhibit 408. s No objections by the Defendants. Government' Exhibit 408 is admitted into evidence. s The Government offers Government' Exhibit 409. s No objections by the Defendants. Government' Exhibit 409 is admitted into evidence. s The record shall reflect that the witness identified Defendant Charles Lewis. 2:02 p.m. Cross examination of the witness, Mr. Michael Jones, by Mr. Gainor for Defendant Charles Lewis. Cross examination of the witness, Mr. Michael Jones, by Mr. Bornstein for Defendant Norman Schmidt. Redirect examination of the witness, Mr. Michael Jones.

2:10 p.m.

2:11 p.m.

The witness is excused and released from subpoena. 2:12 p.m. 2:24 p.m Court in recess. Court in session.

The Government calls witness, Mr. Jeffrey Stans. The witness is sworn. 2:25 p.m. Direct examination of the witness, Mr. Jeffrey Stans, by for the Government.

The Government offers Government' Exhibit 430. s Voir dire by Mr. Bornstein for Defendant Norman Schmidt. Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s

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Government' Exhibit 430 is admitted into evidence. s The Government offers Government' Exhibit 431. s No objections by the Defendants. Government' Exhibit 431 is admitted into evidence. s The Government offers Government' Exhibit 432. s Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 432 is admitted into evidence. s The Government offers Government' Exhibit 433. s No objections by the Defendants. Government' Exhibit 433 is admitted into evidence. s 2:46 p.m. Cross examination of the witness, Mr. Jeffrey Stans, by Mr. Stuckey for Defendant Michael Smith.

The witness is excused and released from subpoena. The Government calls witness, Mr. Gregory Hector. The witness is sworn. 2:58 p.m. Direct examination of the witness, Mr. Gregory Hector, by Mr. Angelo for the Government.

The Government offers Government' Exhibit 253. s Objections by Defendants Charles Lewis and Norman Schmidt. Government' Exhibit 253 is admitted into evidence. s The Government offers Government' Exhibit 254. s No objections by the Defendants.

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Government' Exhibit 254 is admitted into evidence. s The Government offers Government' Exhibit 252. s No objections by the Defendants. Government' Exhibit 252 is admitted into evidence. s

3:30 p.m 3:50 p.m.

Court in recess. Court in session.

Direct examination of the witness, Mr. Gregory Hector, resumes. The Government offers Government' Exhibit 250. s No objections by the Defendants. Government' Exhibit 250 is admitted into evidence. s The Government offers Government' Exhibit 256. s Voir dire by Mr. Hammond for Defendant Norman Schmidt. No objections by the Defendants. Government' Exhibit 256 is admitted into evidence. s The Government offers Government' Exhibit 257. s No objections by the Defendants. Government' Exhibit 257 is admitted into evidence. s The Government offers Government' Exhibit 258. s No objections by the Defendants. Government' Exhibit 258 is admitted into evidence. s The Government offers Government' Exhibit 259. s No objections by the Defendants.
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Government' Exhibit 259 is admitted into evidence. s The Government offers Government' Exhibit 260. s No objections by the Defendants. Government' Exhibit 260 is admitted into evidence. s The Government offers Government' Exhibit 255. s Voir dire by Mr. Hammond for Defendant Norman Schmidt. No objections by the Defendants. Government' Exhibit 255 is admitted into evidence. s 4:33 p.m. Cross examination of the witness, Mr. Gregory Hector, by Mr. O' Donnell for Defendant Michael Smith.

Defendant Michael Smith offers Government' Exhibit 251. s No objections by the parties. Government' Exhibit 251 is admitted into evidence. s 4:52 p.m. Cross examination of the witness, Mr. Gregory Hector, by Mr. Gainor for Defendant Charles Lewis. Court in recess and shall reconvene on Thursday, April 19, 2007, at 8:30 a.m.

5:00 p.m.

Total in court time: 6 hours and 16 minutes - trial continued

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