Free Jury Trial - District Court of Colorado - Colorado

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

Document 1116

Filed 04/10/2007

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

April 10, 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, Defendant. Thomas Hammond / Peter Bornstein Thomas Goodreid Ronald Gainor Richard Stuckey / Declan O' Donnell

COURTROOM MINUTES - JURY TRIAL - DAY SIX

8:35 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. The Court and counsel discuss the circumstances of juror 100088853. 8:40 a.m. 8:50 a.m. Court in recess. Court in session.

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

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The jury is not present. Discussion of the circumstances of juror 100088853 resumes. Juror 10008853 is brought into the courtroom. Voir dire by the Court as to juror 10008853. 9:03 a.m. 9:20 a.m. Court in recess. Court in session.

The jury is present. The Government calls witness, Mr. Michael Brudwick. The Government offers Government' Exhibit 12022. s No objections by the Defendants. Government' Exhibit 12022 is admitted into evidence. s The witness is sworn. 9:30 a.m. Direct examination of the witness of the witness, Mr. Michael Brudwick, by Mr. Kirsch for the Government.

The Government offers Government' Exhibit 150. s No objections by the Defendants. Government' Exhibit 150 is admitted into evidence. s The Government offers Government' Exhibit 151. s No objections by the Defendants. Government' Exhibit 151 is admitted into evidence. s The Government offers Government' Exhibit 152. s No objections by the Defendants. Government' Exhibit 152 is admitted into evidence. s

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

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The Government offers Government' Exhibit 12025, 12026, and 12027. s Voir dire by Mr. Bornstein, for Defendant Norman Schmidt, as to the exhibits.

Government' Exhibit 12025, 12026, and 12027 are admitted into evidence. s 9:51 a.m. Cross examination of the witness, Mr. Michael Brudwick, by Mr. Bornstein for Defendant Norman Schmidt.

The witness is excused and released from subpoena. The Government offers Government' Exhibits 12002, 12003, and 12004. s No objections by the Defendants. Government' Exhibits 12002, 12003, and 12004 are admitted into evidence. s The Government calls witness, Ms. Cynthia Lange. The witness is sworn. 10:02 a.m. Direct examination of the witness, Ms. Cynthia Lange, by Mr. Angelo for the Government.

The Government offers Government' Exhibits 160, 161, 162, 163, 164, and 165. s No objections by the Defendants. Government' Exhibits 160, 161, 162, 163, 164, and 165 are admitted into s evidence. The Government offers Government' Exhibit 170. s No objections by the Defendants. Government' Exhibit 170 is admitted into evidence. s The Government offers Government' Exhibit 171. s No objections by the Defendants. Government' Exhibit 171 is admitted into evidence. s
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The Government offers Government' Exhibit 172. s No objections by the Defendants. Government' Exhibit 172 is admitted into evidence. s The Government offers Government' Exhibit 173. s No objections by the Defendants. Government' Exhibit 173 is admitted into evidence. s The record shall reflect that the witness identified the defendant, Mr. Norman Schmidt, subject to cross examination. The Government offers Government' Exhibit 174. s No objections by the Defendants. Government' Exhibit 174 is admitted into evidence. s The Government offers Government' Exhibit 3. s No objections by the Defendants. Government' Exhibit 3 is admitted into evidence. s 10:50 a.m. 11:08 a.m. 11:08 a.m. Court in recess. Court in session. Cross examination of the witness, Ms. Cynthia Lange, by Mr. O' Donnell for Defendant Michael Smith. Cross examination of the witness, Ms. Cynthia Lange, by Mr. Bornstein for Defendant Norman Schmidt.

11:12 a.m.

The witness is excused and released from subpoena. The Government offers Government' Exhibits 12001 and 12005. s No objections by the Defendants. Government' Exhibits 12001 and 12005 are admitted into evidence. s
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The Government calls witness, Mr. Warren Peterson. The witness is sworn. 11:34 a.m. Direct examination of the witness, Mr. Warren Peterson, by Mr. Angelo for the Government.

The Government offers Government' Exhibit 200. s No objections by the Defendants. Government' Exhibit 200 is admitted into evidence. s The Government offers Government' Exhibit 201. s No objections by the Defendants. Government' Exhibit 201 is admitted into evidence. s The Government offers Government' Exhibit 202. s Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 202 is admitted into evidence. s 12:00 noon Court in recess and shall reconvene at 1:00 p.m. 1:05 p.m. Court in session. Direct examination of the witness, Mr. Warren Peterson resumes. The Government offers Government' Exhibit 203. s No objections by the Defendants. Government' Exhibit 203 is admitted into evidence. s The Government offers Government' Exhibit 204. s No objections by the Defendants. Government' Exhibit 204 is admitted into evidence. s
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The Government offers Government' Exhibit 206. s No objections by the Defendants. Government' Exhibit 206 is admitted into evidence. s The Government offers Government' Exhibit 205, page 1. s No objections by the Defendants. Government' Exhibit 205, page 1 is admitted into evidence. s 1:21 p.m. Cross examination of the witness, Mr. Warren Peterson, by Mr. Stuckey for Defendant Michael Smith. Cross examination of the witness, Mr. Warren Peterson, by Mr. Gainor for Defendant Charles Lewis. Cross examination of the witness, Mr. Warren Peterson, by Mr. Hammond for Defendant Norman Schmidt.

1:27 p.m.

1:35 p.m.

The witness is excused and released from subpoena. The Government calls witness, Mr. Thomas Sindelar. The witness is sworn. 1:40 p.m. Direct examination of the witness, Mr. Thomas Sindelar, by Mr. Angelo for the Government.

The Government offers Government' Exhibits 210 and 211. s No objections by the Defendants. Government' Exhibits 210 and 211 are admitted into evidence. s The Government offers Government' Exhibit 12024. s No objections by the Defendants. Government' Exhibit 12024 is admitted into evidence. s The Government offers Government' Exhibit 212. s
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No objections by the Defendants. Government' Exhibit 212 is admitted into evidence. s The Government offers Government' Exhibit 214. s No objections by the Defendants. Government' Exhibit 214 is admitted into evidence. s The Government offers Government' Exhibit 213. s No objections by the Defendants. Government' Exhibit 213 is admitted into evidence. s 2:07 p.m. Cross examination of the witness, Mr. Thomas Sindelar, by Mr. O' Donnell for Defendant Michael Smith. Cross examination of the witness, Mr. Thomas Sindelar, by Mr. Gainor for Defendant Charles Lewis. Cross examination of the witness, Mr. Thomas Sindelar, by Mr. Hammond for Defendant Norman Schmidt. Redirect examination of the witness, Mr. Thomas Sindelar.

2:20 p.m.

2:24 p.m.

2:33 p.m

The witness is excused and released from subpoena. The Government calls witness, Ms. Linden Markham. The witness is sworn. 2:39 p.m. Direct examination of the witness, Ms. Linden Markham, by Mr. Angelo for the Government. Court in recess. Court in session.

3:00 p.m. 3:18 p.m

The jury is not present. The Court and counsel discuss the circumstances of Juror 100088934. Juror 100088934 is dismissed and shall report on Wednesday, April 11, 2007, at 8:30
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Case 1:04-cr-00103-REB-MEH

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a.m. 3:22 p.m. 3:23 p.m. The jury is present. The jury is dismissed and shall reconvene on Wednesday, April 11, 2007, at 8:30 a.m.

Voir dire by the Court as to Juror 100088853. Juror 100088853 is dismissed and shall reconvene on Wednesday, April 11, 2007, at 8:30 a.m. Statements to the counsel by the Court. Juror 100088934 shall remain on the jury until further order of the court. Discussion as to defendants' responses to the Government' Notice of its Intent to s Offer Evidence Implicating 902(11) and 803(6). The Government shall file a reply on or before 8:30 a.m. on Wednesday, April 11, 2007. 3:40 p.m. Court in recess and shall reconvene on Wednesday, April 11, 2007, at 8:30 a.m.

Total in court time: 4 hours and 29 minutes - trial continued

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