Free Jury Trial - District Court of Colorado - Colorado

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

Document 1154

Filed 04/25/2007

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

April 25, 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 FIFTEEN

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 not present. Discussion as to Smith' Exhibit 34 and Weed' Exhibit 228. s s Smith' Exhibit 34 is admitted into evidence. s Weed' Exhibit 228 is taken under advisement. s

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9:00 a.m. 9:15 a.m

Court in recess. Court in session.

The jury is present. The Government calls witness, Mr. Leo Durkacz. The witness is sworn. 9:20 a.m. Direct examination of the witness, Mr. Leo Durkacz, by Mr. Kirsch for the Government.

The Government offers Government' Exhibit 521. s Voir dire by Mr. Bornstein for Defendant Norman Schmidt. Voir dire by Mr. Gainor for Defendant Charles Lewis. Objection by Defendant Charles Lewis. Defendant Charles Lewis' objection is overruled. s Government' Exhibit 521 is admitted into evidence. s The Government offers Government' Exhibit 520A and 520B. s No objections by the Defendants. Government' Exhibits 520A and 520B are admitted into evidence. s 9:38 a.m. Cross examination of the witness, Mr. Leo Durkacz, by Mr. Bornstein for Defendant Norman Schmidt.

The witness is excused and released from subpoena. The Government calls witness, Mr. Leonard Zawistoski. The witness is sworn. 9:44 a.m. Direct examination of the witness, Mr. Leonard Zawistoski, by Mr. Angelo for the Government.

The Government offers Government' Exhibit 440. s

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Objection by Defendant Norman Schmidt as to Government' Exhibit 440. s Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 440 is admitted into evidence. s 10:04 a.m. Cross examination of the witness, Mr. Leonard Zawistoski, by Mr. Stuckey for Defendant Michael Smith. Cross examination of the witness, Mr. Leonard Zawistoski, by Mr. Gainor for Defendant Charles Lewis. Cross examination of the witness, Mr. Leonard Zawistoski, by Mr. Hammond for Defendant Norman Schmidt. Redirect examination of the witness, by Mr. Angelo.

10:15 a.m.

10:18 a.m.

10:22 a.m.

The witness is excused and released from subpoena. The Government calls witness, Special Agent Stephen Dirito. The witness is sworn. 10:25 a.m. Direct examination of the witness, Special Agent Stephen Dirito.

The Government offers Government' Exhibit 4003. s Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 4003 is admitted into evidence. s The Government offers Government' Exhibit 4005. s Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 4005 is admitted into evidence. s The Government offers Government' Exhibit 4006. s No objections by the Defendants.
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Government' Exhibit 4006 is admitted into evidence. s No cross examination of the witness, Special Agent Dirito. The witness is excused and released from subpoena. 10:35 a.m. 10:55 a.m Court in recess. Court in session.

The Government calls witness, Mr. Mark Bienstock. The witness is sworn. 10:55 a.m. Direct examination of the witness, Mr. Mark Bienstock, by Mr. Angelo for the Government.

The Government offers Government' Exhibit 283, page 1. s No objections by the Defendants. Government' Exhibit 283, page 1 is admitted into evidence. s 11:14 a.m. Cross examination of the witness, Mr. Mark Bienstock, by Mr. Goodreid for Defendant George Weed. Cross examination of the witness, Mr. Mark Bienstock, by Mr. Bornstein for Defendant Norman Schmidt. Redirect examination of the witness, by Mr. Angelo.

11:25 a.m.

11:35 a.m.

The witness is excused and released from subpoena. The Government calls witness, Ms. Connie Gummadi. The witness is sworn. 11:37 a.m. Direct examination of the witness, Ms. Connie Gummadi, by Mr. Kirsch for the Government.

No cross examination of the witness, Ms. Connie Gummadi. The witness is excused and released from subpoena. The Government calls witness, Ted Wilburn.
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The witness is sworn. 11:45 a.m. Direct examination of the witness, Mr. Ted Wilburn by Mr. Kirsch, for the Government.

The Government offers Government' Exhibit 5004. s No objections by the Defendants. Government' Exhibit 5004 is admitted into evidence. s The Government offers Government' Exhibit 5005. s No objections by the Defendants. Government' Exhibit 5005 is admitted into evidence. s The Government offers Government' Exhibit 5009. s No objections by the Defendants. Government' Exhibit 5009 is admitted into evidence. s The Government offers Government' Exhibit 5010. s No objections by the Defendants. Government' Exhibit 5010 is admitted into evidence. s The Government offers Government' Exhibit 5012. s No objections by the Defendants. Government' Exhibit 5012 is admitted into evidence. s The Government offers Government' Exhibit 5014. s No objections by the Defendants. Government' Exhibit 5014 is admitted into evidence. s The Government offers Government' Exhibit 5015. s

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No objections by the Defendants. Government' Exhibit 5015 is admitted into evidence. s The Government offers Government' Exhibit 5016. s No objections by the Defendants. Government' Exhibit 5016 is admitted into evidence. s The Government offers Government' Exhibit 5017. s No objections by the Defendants. Government' Exhibit 5017 is admitted into evidence. s The Government offers Government' Exhibits 5021, 5024, 5025, and 5035. s No objections by the Defendants. Government' Exhibits 5021, 5024, 5025, and 5035 are admitted into evidence. s The witness is excused and released from subpoena. 12:10 p.m. 1:22 p.m. Court in recess and shall reconvene at 1:15 p.m. Court in session.

The Government calls witness, Special Agent Isaac Bratcher. The witness sworn. 1:23 p.m. Direct examination of the witness, Special Agent Isaac Bratcher, by Mr. Angelo for the Government.

The record shall reflect that the witness identifies the Defendant George Weed, subject to cross examination. 1:40 p.m. Cross examination of the witness, Special Agent Isaac Bratcher, by Mr. O' Donnell for Defendant Michael Smith. Cross examination of the witness, Special Agent Isaac Bratcher, by Mr. Goodreid for Defendant George Weed. Redirect examination of the witness, Special Agent Isaac Bratcher, by Mr.
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1:47 p.m.

1:54 p.m.

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Angelo. 1:55 p.m. Re-cross examination of the witness, Special Agent Isaac Bratcher, by Mr. Goodreid.

The witness is excused and released from subpoena. The Government calls witness, Special Agent Daniel Lee. The witness is sworn. 1:58 p.m Direct examination of the witness, Special Agent Daniel Lee, by Mr. Kirsch for the Government.

The Government offers Government' Exhibit 7004. s Objections by Defendants Norman Schmidt and Michael Smith. Defendants Norman Schmidt and Michael Smith' objections are overruled. s Government' Exhibit 7004 is admitted into evidence. s The Government offers Government' Exhibit 7006. s No objections by the Defendants. Government' Exhibit 7006 is admitted into evidence. s 2;10 p.m. Cross examination of the witness, Special Agent Daniel Lee, by Mr. O' Donnell for Defendant Michael Smith. Redirect examination of the witness, Special Agent Daniel Lee, by Mr. Kirsch.

2:11 p.m.

The witness is excused and released from subpoena. The Government calls witness, Ms. Marion Pettee. The witness is sworn. 2:16 p.m. Direct examination of the witness, Ms. Marion Pettee, by Mr. Angelo for the Government.

The Government offers Government' Exhibit 450. s
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Voir dire by Mr. Bornstein for Defendant Norman Schmidt. Objections by Defendant Norman Schmidt. Defendant Norman Schmidt' objections are overruled. s Government' Exhibit 450 is admitted into evidence. s The Government offers Government' Exhibit 451. s Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 451 is admitted into evidence. s The Government offers Government' Exhibit 452. s No objections by the Defendants. Government' Exhibit 452 is admitted into evidence. s 2:51 p.m. Cross examination of the witness, Ms. Marion Pettee, by Mr. Bornstein for Defendant Norman Schmidt. Redirect examination of the witness, Ms. Marion Pettee, by Mr. Angelo.

3:10 p.m.

The witness is excused and released from subpoena. 3:15 p.m. 3:33 p.m. Court in recess. Court in session.

The Government calls witness, Special Agent Leslie Kopper. The witness is sworn. 3:34 p.m. Direct examination of the witness, Special Agent Leslie Kopper.

The Government offers Government' Exhibit 3000. s No objections by the Defendants. Government' Exhibit 3000 is admitted into evidence. s
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The Government offers Government' Exhibits 3001, 3004, 3007, and 3009. s No objections by the Defendants. Government' Exhibits 3001, 3004, 3007, and 3009 are admitted into evidence. s 3:43 p.m. Cross examination of the witness, Special Agent Leslie Kopper, by Mr. O' Donnell for Defendant Michael Smith.

Defendant Michael Smith offers Government' Exhibit 3003. s No objections by the parties. Government' Exhibit 3003 is admitted into evidence. s The witness is excused and released from subpoena. The Government calls witness, Special Agent Miles Gooderham. The witness is sworn. 3:49 p.m. Direct examination of the witness, Special Agent Miles Gooderham, by Mr. Kirsch for the Government.

The Government offers Government Exhibits 2002, 2003, 2004, 2006, 2008, 2013, 2014, 2015, 2016, 2019, and 2020. No objections by the Defendants. Government' Exhibits 2002, 2003, 2004, 2006, 2008, 2013, 2014, 2015, 2016, 2019, s and 2020 are admitted into evidence. 4:11 p.m. Cross examination of the witness, Special Agent Miles Gooderham, by Mr. Stuckey for Defendant Michael Smith. Redirect examination of the witness, Special Agent Miles Gooderham.

4:13 p.m.

The witness is excused and released from subpoena. The Government calls witness, Mr. Gary Rademacher. The witness is sworn. 4:16 p.m. Direct examination of the witness, Mr. Gary Rademacher, by Mr. Kirsch
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for the Government. The Government offers Government' Exhibit 191. s No objections by the Defendants. Government' Exhibit 191 is admitted into evidence. s The Government offers Government' Exhibit 192. s Voir dire by Mr. Bornstein for Defendant Norman Schmidt. No objections by the Defendants. Government' Exhibit 192 is admitted into evidence. s 4:29 p.m. Cross examination of the witness, Mr. Gary Rademacher, by Mr. Stuckey for Defendant Michael Smith. Cross examination of the witness, Mr. Gary Rademacher, by Mr. Bornstein for Defendant Norman Schmidt.

4:30 p.m.

The witness is excused and released from subpoena. The Government offers Government' Exhibit 12010. s No objections by the Defendants. Government' Exhibit 12010 is admitted into evidence. s Weed Exhibit 228 is admitted into evidence.

4:45 p.m.

Court in recess and shall reconvene on Thursday, April 26, 2007, at 8:30 a.m. 5 hours and 50 minutes - Trial continued

Total in court time:

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