Free Jury Trial - District Court of Colorado - Colorado

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

Document 1119

Filed 04/12/2007

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

April 12, 2007 Courtroom Deputy: Ginny Kramer / Chris Smith - p.m. 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 EIGHT

8: 43 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 on Defendants' Oral Motion to Produce the Un-redacted FBI Interview Notes of Lynn Markham. Court' findings of fact, conclusions of law, and orders. s

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

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April 12, 2007 04-cr-00103-REB

It was ORDERED: 1. Defendants' Oral Motion to Produce the Un-redacted FBI Interview Notes of Lynn Markham is DENIED. The Jury is present. Direct examination of witness, Ms. Linden Markham resumes.

8:50 a.m. 8:51 a.m.

The Government offers Government' Exhibit 220. s No objections by the Defendants. Government' Exhibit 220 is admitted into evidence. s The Government offers Government' Exhibit 221. s No objections by the Defendants. Government' Exhibit 221 is admitted into evidence. s The Government offers Government' Exhibits 222 and 223. s Voir dire by Mr. Gainor as to Government' Exhibits 222 and 223. s Defendant Charles Lewis objects to Government' Exhibit 223. s Defendant Charles Lewis' objection is sustained. s The Government re-offers Government' Exhibit 223. s Objection by Defendant Charles Lewis. Defendant Charles Lewis' objection is sustained. s Government' Exhibit 223 is not admitted into evidence. s Government' Exhibit 222 is not admitted into evidence. s The Government offers Government' Exhibit 225. s

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

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April 12, 2007 04-cr-00103-REB

Voir dire by Mr. Bornstein, for Defendant Norman Schmidt, as to Government' Exhibit s 225. Objection by Defendant Norman Schmidt as to Government' Exhibit 225. s Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 225 is admitted into evidence. s The Government offers Government' Exhibit 226. s Voir dire by Mr. Gainor, for Defendant Charles Lewis, as to Exhibit 226. Objection by Defendant Charles Lewis. Defendant Charles Lewis' objection is overruled. s Government' Exhibit 226 is admitted into evidence. s The Government offers Government' Exhibit 227. s Objections by Defendant Norman Schmidt as to pages 11 and 12. Defendant Norman Schmidt' objections are overruled. s Objections by Defendant Charles Lewis as to pages 4, 7, and 8. Defendant Charles Lewis' objections are sustained. s Government' Exhibit 227 is not admitted into evidence. s The record shall reflect that the witness identified Defendants Charles Lewis and Norman Schmidt. 9:44 a.m. Cross examination of the witness, Ms. Linden Markham, by Mr. Gainor for Defendant Charles Lewis. Court in recess. Court in session. Cross examination of the witness, Ms. Linden Markham, by Mr. Goodreid for Defendant George Weed.
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10:15 a.m. 10:33 a.m 10:33 a.m.

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

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April 12, 2007 04-cr-00103-REB

10:39 a.m.

Cross examination of the witness, Ms. Linden Markham by Mr. Bornstein for Defendant Norman Schmidt. Redirect examination of the witness by Mr. Angelo. Re-cross examination of the witness by Mr. Bornstein.

10:54 a.m 10:57 a.m

The witness is excused and released from subpoena. The Government re-offers Government' Exhibit 223. s Objection by Defendant Charles Lewis. Defendant Charles Lewis' objection is sustained. s Government' Exhibit 223 is not admitted into evidence. s The Government calls witness, Ms. Wendy Delaney. The witness is sworn. 11:03 a.m. Direct examination of the witness, Ms. Wendy Delaney, by Mr. Kirsch for the Government. The jury is dismissed.

11:07 a.m.

The Court and counsel discuss Defendant' Norman Schmidt' objections to the s s questioning of the witness. Argument by Mr. Bornstein for Defendant Norman Schmidt. Response by Mr. Kirsch for the Government. Reply by Mr. Bornstein. Defendant Norman Schmidt' objections are overruled. s 11:17 a.m. 11:18 a.m. The jury is present. Direct examination of the witness, Ms. Wendy Delaney, by Mr. Kirsch for the Government.
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The Government offers Government' Exhibit 231. s No objections by the Defendants. Government' Exhibit 231 is admitted into evidence. s The Government offers Government' Exhibit 230. s No objections by the Defendants. Government' Exhibit 230 is admitted into evidence. s The Government offers Government' Exhibit 236. s No objections by the Defendants. Government' Exhibit 236 is admitted into evidence. s The Government offers Government' Exhibit 232. s No objections by the Defendants. Government' Exhibit 232 is admitted into evidence. s The Government offers Government' Exhibit 233. s No objections by the Defendants. Government' Exhibit 233 is admitted into evidence. s The Government offers Government' Exhibit 234. s No objections by the Defendants. Government' Exhibit 234 is admitted into evidence. s The Government offers Government' Exhibit 235. s No objections by the Defendants. Government' Exhibit 235 is admitted into evidence. s

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

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April 12, 2007 04-cr-00103-REB

The Government offers Government' Exhibit 237. s No objections by the Defendants. Government' Exhibit 237 is admitted into evidence. s The Government offers Government' Exhibit 238. s Voir dire by Mr. Bornstein for Defendant Norman Schmidt. Objection by Defendant Norman Schmidt. Court instructs jurors. Jurors excused. 12:00 p.m. 1:00 p.m. Court in recess and shall reconvene at 1:00 p.m. Court in session.

Jurors present. Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 238 is admitted into evidence. s 1:03 p.m. Continued direct examination of Ms. Delaney by Mr. Kirsch.

Government' Exhibit 239 offered. s Government' Exhibit 239 is admitted into evidence. s Government' Exhibit 240 offered. s Defendant Schmidt' objection by Mr. Bornstein is overruled. s Government' Exhibit 240 is admitted into evidence. s Government' Exhibit 241 offered. s Government' Exhibit 241 is admitted into evidence. s 1:19 p.m. Cross examination of Ms. Delaney by Mr. O' Donnell.

Reference to Government' Exhibit 240. s 1:47 p.m. Cross examination of Ms. Delaney by Mr. Gainor.

Reference to Government' Exhibits 236, 241 and 233. s
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April 12, 2007 04-cr-00103-REB

2:02 p.m.

Cross examination of Ms. Delaney by Mr. Goodreid.

Reference to Government' Exhibit 234. s 2:04 p.m. Cross examination of Ms. Delaney by Mr. Bornstein.

Reference to Government' Exhibits 236, 241, 240, 233 and 238. s 2:29 p.m. Redirect examination of Ms. Delaney by Mr. Kirsh.

Witness excused and released from subpoena. Court instructs jurors. 2:35 p.m. 2:47 p.m. Court in recess. Court in session.

Jurors present. 2:49 p.m. Government' witness, Donna Walker, sworn. s

Direct examination of Ms. Walker by Mr. Angelo. Government' Exhibit 290 offered. s Government' Exhibit 290 is admitted into evidence. s No cross examination. Witness excused and released from subpoena. 2:55 p.m. Government' witness, Tammy Goulet sworn. s

Direct examination of Ms. Goulet by Mr. Kirsch. Government' Exhibit 330 offered. s Government' Exhibit 330 is admitted into evidence. s Government' Exhibit 2018 offered. s Government' Exhibit 2018 is admitted into evidence. s Reference to Government' Exhibit 200. s Government' Exhibit 510 offered. s Defendant Schmidt' objection by Mr. Bornstein is overruled. s Government' Exhibit 510 is admitted into evidence. s
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Case 1:04-cr-00103-REB-MEH

Document 1119

Filed 04/12/2007

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April 12, 2007 04-cr-00103-REB

Reference to Government' Exhibits 904, 1007, 1009, 1011, 1012, 1013, 1014, 1015, s 1021, 341 and 343 (identified but not offered). 4:02 p.m. Cross examination of Ms. Goulet by Mr. Stuckey.

Reference Defendant Smith' Exhibits 9 and 10 (no identification). s 4:40 p.m. 4:42 p.m. Cross examination of Ms. Goulet by Mr. Bornstein. Redirect examination of Ms. Goulet by Mr. Kirsch.

Witness identifies defendant Smith. Witness excused and released from subpoena. Court instructs jurors. 4:48 p.m. 4:49 p.m. Jurors excused until 8:30 a.m., April 16, 2007. Defendant' Schmidt' objection to violations of due process. s s

Court instructs counsel to file a written objection. Counsel excused until 8:15 a.m., April 16, 2007. 4:51 p.m.
Trial continued. Total time: 6 hrs and 38 min.

Court in recess.

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