Free Jury Trial - District Court of Colorado - Colorado

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

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Filed 04/16/2007

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

April 16, 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 NINE

8:25 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 Defendant Norman Schmidt' Motion for Mistrial [#1121] filed April 15, s 2007. The Government shall file a response to Norman Schmidt' Motion for Mistrial on or s before Wednesday, April 18, 2007.
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Case 1:04-cr-00103-REB-MEH

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8:27 a.m. 8:37 a.m

Court in recess. Court in session.

The jury is present. The Government offers Government' Exhibits 12006,12007, and 12008. s No objections by the Defendants. Government' Exhibits 12006, 12007, and 12008 are admitted into evidence. s The Government calls witness Mr. Donald Hoener. The witness is sworn. 8:51 a.m. Direct examination of the witness, Mr. Donald Hoener, by Mr. Kirsch for the Government.

The Government offers Government' Exhibit 332 and 334. s Voir dire by Mr. Bornstein, for Defendant Norman Schmidt. Objections by Defendant Norman Schmidt as to Government' Exhibit 334. s Defendant Norman Schmidt' objections to Government' Exhibit 334 are overruled. s s Government' Exhibit 332 and 334 are admitted into evidence. s The Government offers Government' Exhibit 333. s No objections by the Defendants. Government' Exhibit 333 is admitted into evidence. s The Government offers Government' Exhibit 336. s Voir dire by Mr. Bornstein, for Defendant Norman Schmidt. Objections by Defendant Norman Schmidt, as to Government' Exhibit 336. s Defendant Norman Schmidt' objections are overruled. s Government' Exhibit 336 is admitted into evidence. s
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The Government offers Government' Exhibit 335. s Voir dire by Mr. Bornstein, for Defendant Norman Schmidt. Objections by Defendant Norman Schmidt as to Government' Exhibit 335. s Defendant Norman Schmidt' objections are overruled. s Government' Exhibit 335 is admitted into evidence. s The record shall reflect that the witness identified the defendant, Mr. Michael Smith. 9:50 a.m. Cross examination of the witness, Mr. Donald Hoener, by Mr. Stuckey for Defendant Michael Smith. Court in recess. Court in session.

10:06 a.m. 10:22 a.m.

The jury is not present. Discussion by the Government and Defendant Michael Smith as to a stipulation that Defendant Michael Smith has not been convicted or served time. The stipulation is approved by the Court. 10:27 a.m. The jury is present.

Cross examination of the witness, Mr. Donald Hoener, by Mr. Stuckey, resumes. The Court informs the jury of the stipulation between the Government and Defendant Michael Smith, that Defendant Michael Smith has not been convicted of a crime and has not served any time in jail as a result. 10:37 a.m Cross examination of the witness, Mr. Donald Hoener, by Mr. Bornstein, for Defendant Norman Schmidt. Redirect examination of the witness, Mr. Donald Hoener.

10:47 a.m.

The witness is excused and released from subpoena. The Government calls witness, Mr. David Trotter. The witness is sworn.
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10:50 a.m

Direct examination of the witness, Mr. David Trotter, by Mr. Kirsch for the Government.

The Government offers Government' Exhibit 340. s Voir dire by Mr. Hammond, for Defendant Norman Schmidt. Objections, to page 7 of Government' Exhibit 340, by Defendant Norman Schmidt. s Defendant Norman Schmidt' objections are sustained. s Government' Exhibit 340 is admitted into evidence as redacted as ordered by s the Court. The Government offers Government' Exhibit 341. s No objections by the Defendants. Government' Exhibit 341 is admitted into evidence. s The Government offers Government' Exhibit 342. s Voir dire by Mr. Hammond for Defendant Norman Schmidt. No objections by the Defendants. Government' Exhibit 342 is admitted into evidence. s The Government offers Government' Exhibit 344. s Voir dire by Mr. Hammond for Defendant Norman Schmidt. Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 344 is admitted into evidence. s The Government offers Government' Exhibit 345. s No objections by the Defendants. Government' Exhibit 345 is admitted into evidence. s
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11:40 a.m

Cross examination of the witness, Mr. David Trotter, by Mr. O' ` Donnell for Defendant Michael Smith.

12:00 noon Court in recess and shall reconvene at 1:00 p.m. 1:05 p.m. Court in session. 1:05 p.m. Cross examination of the witness, Mr. David Trotter, by Mr. O' Donnell, resumes. Cross examination of the witness, Mr. David Trotter, by Mr. Hammond for Defendant Norman Schmidt. Redirect examination of the witness, Mr. David Trotter.

1:07 p.m.

1:20 p.m.

The witness is excused and released from subpoena. The Government calls witness, Ms. Carol Hendrickson. The witness is sworn. 1:23 p.m Direct examination of the witness, Ms. Carol Hendrickson, by Mr. Kirsch for the Government.

The Government offers Government' Exhibit 370. s No objections by the Defendants. Government' Exhibit 370 is admitted into evidence. s The Government offers Government' Exhibit 371. s No objections by the Defendants. Government' Exhibit 371 is admitted into evidence. s The Government offers Government' Exhibit 372. s No objections by the Defendants. Government' Exhibit 372 is admitted into evidence. s The Government offers Government' Exhibit 375. s Government' Exhibit 375 is admitted into evidence. s
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The Government offers Government' Exhibit 376. s No objections by the Defendants. Government' Exhibit 376 is admitted into evidence. s The record shall reflect that the witness identified the Defendant Michael Smith. 1:47 p.m. Cross examination of the witness, Ms. Carol Hendrickson, by Mr. Stuckey for Defendant Michael Smith. Cross examination of the witness, Ms. Carol Hendrickson, by Mr. Hammond for Defendant Norman Schmidt.

1:56 p.m.

The witness is excused and released from subpoena. The Government calls witness, Mr. Val Bough. The witness is sworn. 2:09 p.m. Direct examination of the witness, Mr. Val Bough, by Mr. Angelo for the Government.

The Government offers Government' Exhibits 310, 311, 312, and 313. s No objections by the Defendants. Government' Exhibits 310, 311, 312, and 313 are admitted into evidence. s The Government offers Government' Exhibits 314 and 315. s No objections by the Defendants. Government' Exhibits 314 and 315 are admitted into evidence. s The Government offers Government' Exhibit 316. s Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 316 is admitted into evidence. s 3:10 p.m. Court in recess.
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3:30 p.m.

Court in session.

Direct examination of the witness, Mr. Val Bough, resumes. The Government offers Government' Exhibit 320. s No objections by the Defendants. Government' Exhibit 320 is admitted into evidence. s The Government offers Government' Exhibit 321. s Objections by Defendants Charles Lewis and Norman Schmidt. Defendant Charles Lewis' objection is overruled. s Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 321 is admitted into evidence. s The Government offers Government' Exhibit 323. s No objections by the Defendants. Government' Exhibit 323 is admitted into evidence. s The Government offers Government' 326. s No objections by the Defendants. Government' Exhibit 326 is admitted into evidence. s The Government offers Government' Exhibit 325. s No objections by the Defendants. Government' Exhibit 325 is admitted into evidence. s 3:59 p.m. Cross examination of the witness, Mr. Val Bough, by Mr. Stuckey for Defendant Mr. Michael Smith. Cross examination of the witness, Mr. Val Bough, by Mr. Gainor for Defendant Charles Lewis.
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4:28 a.m.

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

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4:44 p.m.

Cross examination of the witness, Mr. Val Bough, by Mr. Goodreid for Defendant George Weed. Cross examination of the witness, Mr. Val Bough, by Mr. Hammond for Defendant Norman Schmidt. Redirect examination of the witness, Mr. Val Bough.

4:53 p.m.

5:25 p.m.

The witness is excused and released from subpoena. 5:35 p.m. Court in recess and shall reconvene on Tuesday, April 17, 2007 at 8:30 a.m.

Total in court time: 7 hours and 19 minutes - Trial continued

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