Free Jury Trial - District Court of Colorado - Colorado

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

Document 1110

Filed 04/09/2007

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

April 9, 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 FIVE

8:23 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 the Government' proffer of Government' Exhibit 12030. s s Argument by Mr. Bornstein, for Defendant Schmidt. Argument by Mr. Gainor, for Defendant Lewis.
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Response by the Government. 8:34 a.m. 8:38 a.m. Court in recess. Court in session.

The jury is present. The Government calls witness, Mr. Jerry Landsman. The witness is sworn. 8:40 a.m. Direct examination of the witness, Mr. Jerry Landsman, by Mr. Angelo for the Government.

The Government offers Government' Exhibit 60. s No objections by the Defendants. Government' Exhibit 60 is admitted into evidence. s The Government offers Government' Exhibit 61. s Voir dire as to Government' Exhibit 61 by Mr. Bornstein. s Objection by Mr. Bornstein, for Defendant Norman Schmidt. Defendant Schmidt' objection is overruled. s Government' Exhibit 61 is admitted into evidence. s The Government offers Government' Exhibit 62. s No objections by the Defendants. Government' Exhibit 62 is admitted into evidence. s The Government offers Government' Exhibit 64. s No objections by the Defendants. Government' Exhibit 64 is admitted into evidence. s The Government offers Government' Exhibit 63. s
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No objections by the Defendants. Government' Exhibit 63 is admitted into evidence. s

9:17 a.m.

Cross examination of the witness, Mr. Jerry Landsman, by Mr. O' Donnell, for Defendant Michael Smith. Cross examination of the witness, Mr. Jerry Landsman, by Mr. Gainor, for Defendant Charles Lewis. Cross examination of the witness, Mr. Jerry Landsman, by Mr. Goodreid, for Defendant George Weed. Cross examination of the witness, Mr. Jerry Landsman, by Mr. Bornstein for Defendant Norman Schmidt. Redirect examination of the witness, Mr. Jerry Landsman.

9:28 a.m.

9:29 a.m.

9:48 a.m.

9:52 a.m.

The witness is excused and released from subpoena. The Government calls witness, Mr. Gary Bell. The witness is sworn. 9:55 a.m. Direct examination of the witness, Mr. Gary Bell, by Mr. Kirsch for the Government. Court in recess. Court in session. Direct examination of the witness, Mr. Gary Bell, resumes.

10:05 a.m. 10:25 a.m. 10:25 a.m.

The Government offers Government' Exhibit 100. s Objections by Defendant Norman Schmidt. Defendant Norman Schmidt' objections are overruled. s Government' Exhibit 100 is admitted into evidence. s The Government offers Government' 101. s Objections by Defendant Norman Schmidt.
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Defendant Norman Schmidt' objections are overruled. s Government' Exhibit 101 is admitted into evidence. s The Government offers Government' Exhibit 102. s Objection from Defendant Norman Schmidt. Defendant Norman Schmidt' objection is sustained. s Government' Exhibit 102 is not admitted into evidence. s The Government re-offers Government' Exhibit 102. s Voir dire by Defendant Norman Schmidt. Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 102 is admitted into evidence. s The Government offers Government' Exhibit 104. s No objections by the Defendants. Government' Exhibit 104 is admitted into evidence. s The Government offers Government' Exhibit 103. s Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is sustained. s Government' Exhibit 103 is not admitted into evidence. s The Government offers Government' Exhibit 105. s Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is sustained. s The Government may re-offer Government' Exhibit 105 after the Government redacts s all hearsay items in the exhibit.
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Government' Exhibit 105 is not admitted into evidence. s The Government re-offers Government' Exhibit 105 as redacted. s No objections by the Defendants. Government' Exhibit 105 is admitted into evidence as redacted. s 11:25 a.m. Cross examination of the witness, Mr. Gary Bell, by Mr. Stuckey for Defendant Mr. Michael Smith. Cross examination of the witness, Mr. Gary Bell, by Mr. Gainor for Defendant Charles Lewis. Cross examination of the witness, Mr. Gary Bell, by Mr. Goodreid for Defendant George Weed. Cross examination of the witness, Mr. Gary Bell, by Mr. Bornstein for Defendant Norman Schmidt.

11:36 a.m.

11:37 a.m.

11:42 a.m.

The witness is excused and released from subpoena. 12:00 noon Court in recess and shall reconvene at 1:00 p.m. 1:00 p.m. Court in session. Cross examination of the witness, Mr. Gary Bell, by Mr. Bornstein, resumes. 1:19 p.m. Redirect examination of the witness, Mr. Gary Bell.

The witness is excused and released from subpoena. The Government calls witness, Ms. Mary Anne Gough. The witness is sworn. 1:26 p.m. Direct examination of the witness, Ms. Mary Anne Gough, by Mr. Angelo for the Government.

The Government offers Government' Exhibit 130. s Objections by Defendant Norman Schmidt. Defendant Norman Schmidt' objections are overruled. s

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Government' Exhibit 130 is admitted into evidence. s The Government offers Government' Exhibit 131. s Objections by Defendant Norman Schmidt. Defendant Norman Schmidt' objections are s Government' Exhibit 131 is admitted into evidence. s The Government offers Government' Exhibit 132. s No objections by the Defendants. Government' Exhibit 132 is admitted into evidence. s The Government offers Government' Exhibits 134. s Objection by the Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 134 is admitted into evidence. s The Government offers Government' Exhibit 136. s Objections by Defendant Norman Schmidt. Defendant Norman Schmidt' objections are sustained. s Government' Exhibit 136 is not admitted into evidence. s 2:07 p.m. Cross examination of the witness, Ms. Mary Anne Gough, by Mr. Stuckey for Defendant Michael Smith. Cross examination of the witness, Ms. Mary Anne Gough, by Mr. Gainor for Defendant Charles Lewis. Cross examination of the witness, Ms. Mary Anne Gough, Mr. Bornstein for Defendant Norman Schmidt. Redirect examination of the witness, Ms. Mary Anne Gough.

2:14 p.m.

2:16 p.m.

2:52 p.m.

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The Government offers Government' Exhibit 86. s Objections by Defendant Norman Schmidt. Government withdraws the offer of Exhibit 86. The witness is excused and released from subpoena. 2:55 p.m. 3:15 p.m. Court in recess. Court in session.

The Government calls witness, Mr. Kenneth Podeschi. The witness is sworn. 3:16 p.m. Direct examination of the witness, Mr. Kenneth Podeschi, by Mr. Kirsch for the Government.

The Government offers Government' Exhibit 180. s No objections by the Defendants. Government' Exhibit 180 is admitted into evidence. s The Government offers Government' Exhibit 10203. s No objections by the Defendants. Government' Exhibit 10203 is admitted into evidence. s 3:39 p.m. Cross examination of the witness, Mr. Kenneth Podeschi, by Mr. O' Donnell for Defendant Michael Smith. Cross examination of the witness, Mr. Kenneth Podeschi, by Mr. Gainor for Defendant Charles Lewis. Cross examination of the witness, Mr. Kenneth Podeschi, by Mr. Goodreid for Defendant George Weed. Redirect examination of the witness, Mr. Kenneth Podeschi.

3:47 p.m.

3:48 p.m.

3:51 p.m.

The Government calls witness, John Hyland. The witness is sworn.
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3:53 p.m.

Direct examination of the witness, Mr. John Hyland, by Mr. Angelo for the Government.

The Government offers Government' Exhibit 140. s Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is sustained. s Government' Exhibit 140 is not admitted into evidence. s The Government re-offers Government' Exhibit 140. s Objections by Defendant Norman Schmidt. Defendant Norman Schmidt' objections are overruled. s Government' Exhibit 140 is admitted into evidence. s The Government offers Government' Exhibit 141. s Objections by Defendant Norman Schmidt. Defendant Norman Schmidt' objections are overruled. s Government' Exhibit 141 is admitted into evidence. s The Government offers Government' Exhibits 143. s No objections by the Defendants. Government' Exhibit 143 is admitted into evidence. s The Government offers Government' Exhibit 144. s No objections by the Defendants. Government' Exhibit 144 is admitted into evidence. s The Government offers Government' Exhibit 146. s No objections by the Defendants. Government' Exhibit 146 is admitted into evidence. s
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Case 1:04-cr-00103-REB-MEH

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4:31 p.m.

Cross examination of the witness, Mr. John Hyland, by Mr. O' Donnell for Defendant Michael Smith. Cross examination of the witness, Mr. John Hyland, by Mr. Hammond for Defendant Norman Schmidt. Redirect examination of the witness, Mr. John Hyland.

4:39 p.m.

4:51 p.m.

The witness is excused and released from subpoena. 5:00 p.m. Court in recess and shall reconvene on Tuesday, April 10, 2007, at 8:30 a.m.

Total in court time - 6 hours and 57 minutes - Trial continued

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