Free Jury Trial - District Court of Colorado - Colorado

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

Document 1153

Filed 04/24/2007

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

April 24, 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 FOURTEEN

8:54 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). Mr. O' Donnell is not present. Stipulations as to witness Mr. Gary Herbert placed on the record. 9:09 a.m. 9:12 a.m. Court in recess. Court in session.

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

Document 1153

Filed 04/24/2007

Page 2 of 4

The jury is present. Mr. O' Donnell is present. Playing of the video testimony of Mr. Gary Herbert resumes. 10:30 a.m. 10:50 a.m. Court in recess. Court session.

Playing of the video testimony of Mr. Gary Herbert resumes. 12:03 p.m. 1:20 p.m. Court in recess and shall reconvene at 1:00 p.m. Court in session.

Playing of the video testimony of Mr. Gary Herbert resumes. 3:00 p.m. 3:20 p.m Court in recess. Court in session.

Playing of the video testimony of Mr. Gary Herbert resumes. Defendant Michael Smith offers Smith' Exhibit 3. s No objections by the parties. Smith' Exhibit 3 is admitted into evidence. s Defendant Michael Smith offers Smith' Exhibit 4. s Objections by the Government. Government' objections are sustained. s Smith' Exhibit 4 is not admitted into evidence. s Defendant Michael Smith offers Smith' Exhibit 33. s Objection by the Government as to Smith' Exhibit 33. s Objections by Defendants Norman Schmidt and Charles Lewis as to Smith' Exhibit 33. s Government' objections are taken under advisement. s

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

Document 1153

Filed 04/24/2007

Page 3 of 4

Defendant Norman Schmidt and Charles Lewis' objections are taken under s advisement. Smith' Exhibit 33 is taken under advisement. s Defendant Michael Smith offers Smith' Exhibit 34. s Smith' Exhibit 34 is taken under advisement. s The Government calls witness, Mr. Stephen Brittain. The witness is sworn. 3:58 p.m. Direct examination of the witness, Mr. Stephen Brittain, by Mr. Angelo for the Government.

The Government offers Government' Exhibit 530. s Voir dire by Mr. Hammond for Defendant Norman Schmidt as to Government' Exhibit s 530. No objections by the Defendants. Government' Exhibit 530 is admitted into evidence. s The Government offers Government' Exhibit 531. s No objections by the Defendants. Government' Exhibit 531 is admitted into evidence. s 4:17 p.m. Cross examination of the witness, Mr. Stephen Brittain, by Mr. O' Donnell for Defendant Michael Smith. Cross examination of the witness, Mr. Stephen Brittain, by Mr. Hammond for Defendant Norman Schmidt. Redirect examination of the witness, Mr. Stephen Brittain, by Mr. Angelo.

4:35 p.m.

4:38 p.m.

The witness is excused and released from subpoena. 4:41 p.m The jury is dismissed and shall reconvene on Wednesday, April 25, 2007, at 9:00 a.m.

Discussion on Smith' Exhibit 33. s
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Case 1:04-cr-00103-REB-MEH

Document 1153

Filed 04/24/2007

Page 4 of 4

Defendant Norman Schmidt' objections to Smith' Exhibit 33 are sustained. s s Smith' Exhibit 33 is not admitted into evidence. s Discussion on Smith' Exhibit 34. s Smith' Exhibit 34 is deferred. s 5:00 p.m. Court in recess and shall reconvene on Wednesday, April 25, 2007, at 8:45 a.m.

Total in Court time: 7 hours and 3 minutes - Trial continued

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