Free Jury Trial - District Court of Colorado - Colorado

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

Document 1104

Filed 04/05/2007

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

April 5, 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 FOUR

8:32 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 present. The Government calls witness, Mr. Roy Christian. The witness is sworn. 8:34 a.m. Direct examination of the witness, Mr. Roy Christian, by Mr. Angelo for the
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Case 1:04-cr-00103-REB-MEH

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Government. The Government offers Government' Exhibit 70. s No objections by the Defendants. Government' Exhibit 70 is admitted into evidence. s The Government offers Government' Exhibit 71. s No objections by the Defendants. Government' Exhibit 71 is admitted into evidence. s The Government offers Government' Exhibit 73. s No objections by the Defendants. Government' Exhibit 73 is admitted into evidence. s 9:27 a.m. Cross examination of the witness, Mr. Roy Christian, by Mr. Stuckey, for Defendant Michael Smith. Cross examination of the witness, Mr. Roy Christian, by Mr. Gainor, for Defendant Charles Lewis. Cross examination of the witness, Mr. Roy Christian, by Mr. Goodreid, for Defendant George Weed. Cross examination of the witness, Mr. Roy Christian, by Mr. Hammond, for Defendant Norman Schmidt. Court in recess. Court in session. Cross examination of the witness, Mr. Roy Christian, by Mr. Hammond resumes. The jury is excused.

9:45 a.m.

9:55 a.m.

9:57 a.m.

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

10:48 a.m.

Questions to the witness, Mr. Roy Christian, as to the letter of March 28, 2007, by Mr. Hammond. 10:58 a.m. The jury is present.
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Cross examination of the witness, Mr. Roy Christian, by Mr. Hammond resumes.

11:01 a.m.

Redirect examination of the witness, by Mr. Angelo.

The witness is excused and released from subpoena. The Government calls witness, Mr. Scott Bailey. The witness is sworn. 11:04 a.m. Direct examination of the witness, Mr. Scott Bailey, by Mr. Angelo, for the Government.

The Government offers Government' Exhibit 1. s Objections by defendant Schmidt. Defendant Schmidt' objection is overruled. A limited instruction is given to the jury. s Government' Exhibit 1 is admitted into evidence. s The Government offers Government' Exhibit 2. s Objections by defendant Norman Schmidt. Defendant Norman Schmidt' objections are sustained. s Government' Exhibit 2 is admitted into evidence as redacted. s The Government offers Government' Exhibit 3. s Voir dire by Mr. Bornstein as to Government' Exhibit 3. s Objections by Defendant Norman Schmidt. Defendant Norman Schmidt' objections to Government' Exhibit 3 are sustained. s s Government' Exhibit 3 is not admitted into evidence at this time. s The Government offers Government' Exhibit 5. s No objections by the Defendants.
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Government' Exhibit 5 is admitted into evidence. s The Government offers Government' Exhibit 4. s No objections by the Defendants. Government' Exhibit 4 is admitted into evidence. s 11:47 a.m. Cross examination of the witness, Mr. Scott Bailey, by Mr. Goodreid, for Defendant George Weed.

Defendant George Weed offers Defendant Weed' Exhibit 68. s No objections. Defendant Weed' Exhibit 68 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. 1:05 p.m. Cross examination of the witness, Mr. Scott Bailey, by Mr. Goodreid resumes.

Defendant George Weed offers Weed' Exhibit 18. s No objections. Defendant Weed' Exhibit 18 is admitted into evidence. s 1:10 p.m. Redirect examination of the witness, Mr. Scott Bailey, by Mr. Angelo.

The witness is excused and released from subpoena. The Government calls witness, Mr. Andy Wragg. The witness is sworn. 1:13 p.m. Direct examination of the witness, Mr. Andy Wragg, by Mr. Kirsch for the Government. Cross examination of the witness, Mr. Andy Wragg, by Mr. Gainor for Defendant Charles Lewis.

1:25 p.m.

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1:27 p.m

Cross examination of the witness, Mr. Andy Wragg, by Mr. Goodreid for Defendant George Weed. Redirect examination of the witness, by Mr. Kirsch.

1:29 p.m.

The witness is excused and released from subpoena. The Government calls witness, Mr. Larry Forgione. The witness is sworn. 1:33 p.m. Direct examination of the witness, Mr. Larry Forgione, by Mr. Angelo for the Government. Cross examination of the witness, Mr. Larry Forgione, by Mr. Bornstein for Defendant Norman Schmidt.

1:49 p.m.

The witness is excused and released from subpoena. The Government calls witness, Mr. Gordon Hulbert. The witness is sworn. 2:05 p.m. Direct examination of the witness, Mr. Gordon Hulbert, by Mr. Kirsch for the Government.

The Government offers Government' Exhibit 40. s Objection by the Defendants. Defendants' objection is overruled. Government' Exhibit 40 is admitted into evidence. s The Government offers Government' Exhibit 41. s No objections. Government' Exhibit 41 is admitted into evidence. s The Government offers Government' Exhibit 42. s Objections by the Defendants.

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Defendants' objections are overruled. Government' Exhibit 42 is admitted into evidence. s The Government offers Government' Exhibit 43. s No objections. Government' Exhibit 43 is admitted into evidence. s The Government offers Government' Exhibit 44. s No objections. Government' Exhibit 44 is admitted into evidence. s The Government offers Government' Exhibit 47. s No objections. Government' Exhibit 47 is admitted into evidence. s The Government offers Government' Exhibit 46. s No objections. Government' Exhibit 46 is admitted into evidence. s The Government offers Government' Exhibit 45. s No objections. Government' Exhibit 45 is admitted into evidence. s The Government offers Government' Exhibit 48. s No objections. Government' Exhibit 48 is admitted into evidence. s The Government offers Government' Exhibit 49. s No objections.
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Case 1:04-cr-00103-REB-MEH

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Government' Exhibit 49 is admitted into evidence. s The Government offers Government' Exhibit 50. s Voir dire by Mr. Bornstein. Defendants' objection is overruled. Government' Exhibit 50 is admitted into evidence. s The Government offers Government' Exhibit 51. s No objections. Government' Exhibit 51 is admitted into evidence. s 3:00 p.m. 3:20 p.m. Court in recess. Court in session.

Direct examination of the witness, Mr. Gordon Hulbert, resumes. The Government offers Government' Exhibit 52. s Objections by the Defendants. Defendants' objections are overruled. Government' Exhibit 52 is admitted into evidence. s 3:32 p.m. Cross examination of the witness, Mr. Gordon Hulbert, by Mr. Stuckey for Defendant Michael Smith. Cross examination of the witness, Mr. Gordon Hulbert, by Mr. Gainor for Defendant Charles Lewis. Cross examination of the witness, Mr. Gordon Hulbert, by Mr. Goodreid for Defendant George Weed. Cross examination of the witness, Mr. Gordon Hulbert, by Mr. Bornstein for Defendant Norman Schmidt. Redirect examination of the witness, Mr. Gordon Hulbert, by Mr. Kirsch.

3:43 p.m.

3:47 p.m.

3:48 p.m.

4:11 p.m.

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

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Filed 04/05/2007

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The witness is excused and released from subpoena. The Government calls witness, Ms. Sandi Woodbury. The witness is sworn. 4:18 p.m. Direct examination of the witness Ms. Sandi Woodbury, by Mr. Angelo for the Government. Cross examination of the witness Ms. Sandi Woodbury, by Mr. Goodreid for Defendant George Weed.

4:27 p.m.

Defendant George Weed offers Government' Exhibit 87. s No objections. Government' Exhibit 87 is admitted into evidence. s Defendant George Weed offers Weed' Exhibit 6. s No objections. Defendant George Weed' Exhibit 6 is admitted into evidence. s 4:46 p.m. Cross examination of the witness Ms. Sandi Woodbury, by Mr. Bornstein for Defendant Norman Schmidt.

The witness is excused and released from subpoena.

4:50 p.m.

Court in recess and shall reconvene on Monday, April 9, 2007, at 8:30 a.m.

Total in court time: 7 hours and 18 minutes - Trial continued

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