Free Motion to Join - District Court of Colorado - Colorado

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

Document 1138

Filed 04/23/2007

Page 1 of 4

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

Criminal Action No. 04-cr-00103-REB-6 UNITED STATES OF AMERICA, Plaintiff, v. 6. Michael Smith, Defendant. _____________________________________________________________________ DEFENDANT MICHAEL SMITH'S MOTION TO JOIN DEFENDANT NORMAN SCHMIDT'S MOTION FOR ACCESS TO GOVERNMENT FINANCIAL DATABASE AND OBJECTION TO SUMMARY EXHIBITS TO BE PRESENTED AGAINST SMITH --------------------------------------------------------------------------------------------------------------------Defendant Michael Smith, through his court-appointed attorney Richard N. Stuckey and his attorney Declan O'Donnell, respectfully moves that he be allowed to join the Motion for Access to Government Financial Database (Doc. 1135) filed April 20, 2007, by Defendant Norman Schmidt for the following reasons: 1. It had never been disclosed to Defendant Smith and his attorneys that a financial database existed as a source for the summary charts to be used by the government in this case. 2. For the same reasons as advanced by Defendant Schmidt in his motion, Defendant Smith asserts the need to access said database in order to determine the "accuracy, completeness and fairness" of the summary exhibits to be presented by IRS Agent Wayne Stockley. 1

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

Document 1138

Filed 04/23/2007

Page 2 of 4

3. Furthermore, the summary exhibits to be presented against Defendant Smith are, on their face, incomplete and misleading, in that they suggest that all monies going to Northwest Group went to Smith, and leave out and omit the myriad disbursements then going to investors in Capital Holdings. The summary exhibits are also deficient in other manners, including, upon information and belief, the totals of the sums of monies which the summary witness says went to Smith personally. Because of these deficiencies in the summary against Defendant Smith, objection is made thereto. Wherefore Defendant Michael Smith also requests access to the financial database and [quoting from the Schmidt motion, Doc. 1135] "to the queries asked sof this software in order to determine the reliability, accuracy and fairness of the proffered exhibits." Dated: April 23, 2007 Respectfully submitted,

s/Declan J. O'Donnell Declan J. O'Donnell, PC 777 Fifth Street Castle Rock, CO 80104 Phone (303) 688-1193 Facsimile (303) 663-8595 Email: [email protected] Attorney for Defendant Michael Smith

s/ Richard N. Stuckey Richard N. Stuckey Richard N. Stuckey, Attorney at Law, PC 2150West 29th Ave. Suite 500 Denver, CO 80211-3890 303-45-4545 FAX:03-458-6338 E-mail: [email protected] 2

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

Document 1138

Filed 04/23/2007

Page 3 of 4

Attorney for Defendant Michael Smith

CERTIFICATE OF SERVICE I hereby certify that on April 23, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Matthew T. Kirsch, AUSA Wyatt Angelo, AUSA Peter Bornstein, Esq. [email protected]

[email protected] [email protected]

Thomas Hammond, Esq. [email protected] Daniel T. Smith, Esq. [email protected] Thomas Goodreid, Esq. [email protected] Ron Gainor, Esq. gains_2000@hotmailcom

Mitchell Baker, Esq. [email protected] Richard K. Kornfeld, Esq. [email protected]

__________________________________ s/ Richard N. Stuckey Richard N. Stuckey Richard N. Stuckey, Attorney at Law, PC 2150 West 29th Ave. Suite 500 Denver, CO 80211-3890 303-455-4545 FAX: 303-458-6338 [email protected] Attorney for Defendant Michael Smith

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

Document 1138

Filed 04/23/2007

Page 4 of 4

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