Free Transcript - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 1 of 65

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 v.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 04-cr-103-REB UNITED STATES OF AMERICA, Plaintiff,

NORMAN SCHMIDT, GEORGE ALAN WEED, CHARLES LEWIS, MICHAEL D. SMITH, Defendants. _______________________________________________________________ REPORTER'S TRANSCRIPT TRIAL TO JURY - VOLUME XXXIV _______________________________________________________________ Proceedings before the HONORABLE ROBERT E. BLACKBURN, Judge, United States District Court for the District of Colorado, commencing at 1:30 p.m., on the 29th day of May, 2007, in Courtroom A701, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. APPEARANCES WYATT B. ANGELO, MATTHEW KIRSCH, Assistant United States Attorneys, 1225 Seventeenth Street, #700, Denver, Colorado, appearing for the Government. Suzanne M. Claar, Official Reporter 901 19th St. Denver, Colorado, 80294-3589 (303)825-8874 PROCEEDINGS REPORTED BY MECHANICAL STENOGRAPHY TRANSCRIPTION PRODUCED BY COMPUTER

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 2 of 65

6149

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

APPEARANCES (Continued) THOMAS J. HAMMOND, 1544 Race Street, Denver, Colorado, appearing with Defendant Schmidt. THOMAS E. GOODREID, 1801 Broadway, #1100, Denver, Colorado, appearing with Defendant Weed. RONALD GAINOR, 6414 Fairways Drive, Longmont, Colorado, appearing with Defendant Lewis. DECLAN J. O'DONNELL, 777 Fifth Street, Castle Rock, Colorado, RICHARD N. STUCKEY, 2150 West 29th Avenue, #500, Denver, Colorado, appearing with Defendant Smith.

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 3 of 65

6150

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 digress.

P R O C E E D I N G S (Proceedings resumed at 1:30 p.m.) THE COURT: Thank you, and please be seated.

Mr. Schmidt, good afternoon. MR. SCHMIDT: THE COURT: MR. WEED: THE COURT: MR. LEWIS: THE COURT: MR. SMITH: THE COURT: afternoon. Good afternoon.

Mr. Weed, good afternoon. Good afternoon, your Honor. And Mr. Lewis, good afternoon. Good afternoon, your Honor. And Mr. Smith, good afternoon. Good afternoon. And ladies and gentlemen generally, good

Deputy marshals specifically, good afternoon.

The foreperson of the jury has informed the bailiff, who in turn has informed Mrs. Kramer, that the jury ostensibly has reached unanimous verdicts as to all counts and all defendants. Very well. Madam clerk -- strike that. Let me

I note that Mr. Bornstein is not present as he

predicted and as we discussed when we last met in open court last week. May I proceed in his absence, Mr. Hammond? MR. HAMMOND: Yes, your Honor, and I have discussed He does not have any problem. And so we shall.

that issue with Mr. Schmidt. THE COURT:

Very well.

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 4 of 65

6151

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 jury?

Madam clerk, would you now escort the jury into the courtroom and jury box, please. THE COURTROOM DEPUTY: THE COURT: Yes, your Honor.

And thank you.

(Jury in at 1:35 p.m.) THE COURT: All rise for this jury, please.

Thank you, and please be seated. Very well. afternoon. THE JURY: THE COURT: Good afternoon. The bailiff has informed the court that Ladies and gentlemen of the jury, good

you, the jury, report that you have reached unanimous verdicts as to all charges and all defendants in this case. Would the foreperson of this jury please stand and be identified. Mr. David Duncan, good afternoon. Good afternoon, your Honor. Sir, are you in fact the foreperson of this

THE JUROR: THE COURT:

THE JUROR: THE COURT:

Yes, I am. And has this jury reached unanimous

verdicts on all counts and all defendants? THE JUROR: THE COURT: Yes, we have. And have you, together with all other

jurors, completed, dated, and signed all relevant verdict forms? THE JUROR: Yes, we have.

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 5 of 65

6152

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Schmidt.

THE COURT:

Very well.

I will ask our bailiff, our

court security officer, to retrieve from the foreperson of the jury the verdict forms and original jury instructions, and thank you. Mr. Duncan, you may be seated. Sir, if you will deliver those to the court at its bench, and thank you. I will now publish the verdicts of this jury. As I

read and publish the verdicts reached by the jury, of course there shall be no outbursts or demonstrations. Anyone violating

this particular order shall be punished for contempt of this court. I will proceed one defendant at a time, commencing with Mr. Schmidt, followed by Mr. Weed, then Mr. Lewis, and concluding with Mr. Smith. Very well. Mr. Schmidt, would you and your counsel now

present please stand as I publish the verdicts in this case concerning you. Under the caption of this case, verdict form, Norman Count 1, conspiracy, the verdict is guilty. Count 2, mail fraud as charged in Count 2, the verdict is guilty. Count 3, mail fraud as charged in Count 3 of the indictment, the verdict is guilty. Count 4, mail fraud as charged in Count 4, the verdict

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 6 of 65

6153

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

is guilty. Count 5, mail fraud as charged in Count 5, the verdict is guilty. Count 6, mail fraud as charged in Count 6, the verdict is not guilty. Count 7, mail fraud as charged in Count 7, the verdict is not guilty. Count 8, the crime of mail fraud as charged in Count 8, the verdict is not guilty. Count 9, the crime of mail fraud as charged in Count 9 of the indictment, the verdict is guilty. Count 10, the crime of wire fraud as charged in Count 10 of the indictment, the verdict is not guilty. Count 12, the crime of wire fraud as charged in Count 12 of the indictment, the verdict is guilty. Count 13, the crime of wire fraud as charged in Count 13 of the indictment, the verdict is guilty. Count 14, the crime of wire fraud as charged in Count 14 of the indictment, the verdict is guilty. Count 15, the crime of wire fraud as charged in Count 15 of the indictment, the verdict is guilty. Count 16, the crime of wire fraud as charged in Count 16 of the indictment, the verdict is guilty. Count 17, the crime of wire fraud as charged in Count 17 of the indictment, the verdict is guilty.

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 7 of 65

6154

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Count 18, the crime of securities fraud as charged in Count 18 of the indictment, the verdict is guilty. Count 19, the crime of securities fraud as charged in Count 19 of the indictment, the verdict is guilty. Count 20, the crime of securities fraud as charged in Count 20 of the indictment, the verdict is guilty. Count 21, the crime of securities fraud as charged in Count 21 of the indictment, the verdict is guilty. Count 22, the crime of securities fraud as charged in Count 22 of the indictment, the verdict is guilty. Count 23, the crime of securities fraud as charged in Count 23 of the indictment, the verdict is guilty. Count 24, the crime of securities fraud as charged in Count 24 of the indictment, the verdict is guilty. Count 25, the crime of securities fraud as charged in Count 25 of the indictment, the verdict is guilty. Count 26, the crime of securities fraud as charged in Count 26 of the indictment, the verdict is guilty. Count 27, the crime of securities fraud as charged in Count 27 of the indictment, the verdict is guilty. Count 28, the crime of securities fraud as charged in Count 28 of the indictment, the verdict is guilty. Count 29, the crime of securities fraud as charged in Count 29 of the indictment, the verdict is guilty. Count 30, money laundering as charged in Count 30 of

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 8 of 65

6155

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

the indictment, the verdict is guilty. Count 31, money laundering as charged in Count 31 of the indictment, the verdict is guilty. Count 33, the crime of money laundering charged in Count 33 of the indictment, the verdict is guilty. Count 35, the crime of money laundering as charged in Count 35 of the indictment, the verdict is guilty. Count 36, the crime of money laundering as charged in Count 36 of the indictment, the verdict is guilty. Count 37, the crime of money laundering as charged in Count 37 of the indictment, the verdict is guilty. Count 38, the crime of money laundering as charged in Count 38 of the indictment, the verdict is guilty. Count 39, the crime of money laundering as charged in Count 39 of the indictment, the verdict is guilty. Count 40, the crime of money laundering as charged in Count 40 of the indictment, the verdict is guilty. Count 41, the crime of money laundering as charged in Count 41 of the indictment, the verdict is guilty. Count 42, the crime of money laundering as charged in Count 42 of the indictment, the verdict is guilty. Count 43, the crime of money laundering as charged in Count 43 of the indictment, the verdict is guilty. Count 44, the crime of money laundering as charged in Count 44 of the indictment, the verdict is guilty.

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 9 of 65

6156

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

And Count 46, the crime of money laundering as charged in Count 46 of the indictment, the verdict is not guilty. Dated today's date, ostensibly signed by the foreperson and all other members of this jury. Mr. Schmidt, Mr. Hammond, gentlemen, you may be seated. Mr. Weed, and your counsel, Mr. Goodreid, gentlemen, if you would stand as I publish the verdicts that pertain to Mr. Weed. Under the caption of this case, verdict form, George Alan Weed. Count 1, the crime of conspiracy as charged in Count

1 of the indictment, the verdict not guilty. Count 2, the crime of mail fraud as charged in Count 2 of the indictment, the verdict not guilty. Count 3, the crime of mail fraud as charged in Count 3 of the indictment, the verdict not guilty. Count 4, the crime of mail fraud as charged in Count 4 of the indictment, the verdict not guilty. Count 5, the mail fraud as charged in Count 5 of the indictment, verdict guilty. Count 6, the crime of mail fraud as charged in Count 6 of the indictment, the verdict not guilty. Count 7, the crime of mail fraud as charged in Count 7 of the indictment, the verdict not guilty. Count 8, the crime of mail fraud as charged in Count 8 of the indictment, verdict not guilty.

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 10 of 65

6157

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Count 9, the crime of mail fraud as charged in Count 9 of the indictment, verdict not guilty. Count 10, the crime of wire fraud as charged in Count 10 of the indictment, verdict not guilty. Count 12, the crime of wire fraud as charged in Count 12 of the indictment, verdict not guilty. Count 13, the crime of wire fraud as charged in Count 13 of the indictment, verdict not guilty. Count 14, the crime of wire fraud as charged in Count 14 of the indictment, verdict not guilty. Count 15, the crime of wire fraud as charged in Count 15 of the indictment, verdict not guilty. Count 16, the crime of wire fraud as charged in Count 16 of the indictment, verdict guilty. Count 17, the crime of wire fraud as charged in Count 17 of the indictment, verdict not guilty. Count 18, the crime of securities fraud as charged in Count 18 of the indictment, verdict not guilty. Count 19, the crime of securities fraud as charged in Count 19 of the indictment, verdict not guilty. Count 20, the crime of securities fraud as charged in Count 20 of the indictment, verdict not guilty. Count 21, the crime of securities fraud as charged in Count 21 of the indictment, verdict not guilty. Count 22, the crime of securities fraud as charged in

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 11 of 65

6158

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Count 22 of the indictment, verdict not guilty. Count 23, the crime of securities fraud as charged in Count 23 of the indictment, verdict guilty. Count 24, the crime of securities fraud as charged in Count 24 of the indictment, verdict not guilty. Count 25, the crime of securities fraud as charged in Count 25 of the indictment, verdict not guilty. Count 26, the crime of securities fraud as charged in Count 26 of the indictment, verdict not guilty. Count 27, the crime of securities fraud as charged in Count 27 of the indictment, verdict not guilty. Count 28, the crime of securities fraud as charged in Count 28 of the indictment, verdict not guilty. Count 29, the crime of securities fraud as charged in Count 29 of the indictment, verdict not guilty. Dated today's date, signed ostensibly by the foreperson and all other members of this jury. seated. I will now publish the verdicts concerning Charles Lewis. Mr. Lewis, Mr. Gainor, if you would please stand, and And gentlemen, you may be

thank you. Under the caption of this case, verdict form, Charles Lewis. Count 1, the crime of conspiracy as charged in Count 1

of the indictment, verdict guilty. Count 3, crime of mail fraud as charged in Count 3 of

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 12 of 65

6159

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

the indictment, verdict guilty. Count 4, the crime of mail fraud as charged in Count 4 of the indictment, verdict not guilty. Count 5, the crime of mail fraud as charged in Count 5 of the indictment, verdict guilty. Count 6, the crime of mail fraud as charged in Count 6 of the indictment, verdict not guilty. Count 7, the crime of mail fraud as charged in Count 7 of the indictment, verdict not guilty. Count 8, the crime of mail fraud as charged in Count 8 of the indictment, verdict not guilty. Count 9, the crime of mail fraud as charged in Count 9 of the indictment, verdict not guilty. Count 16, the crime of wire fraud as charged in Count 16 of the indictment, verdict guilty. Count 17, the crime of wire fraud as charged in Count 17 of the indictment, verdict not guilty. Count 20, the crime of securities fraud as charged in Count 20 of the indictment, verdict not guilty. Count 21, the crime of securities fraud as charged in Count 21 of the indictment, verdict guilty. Count 22, the crime of securities fraud as charged in Count 22 of the indictment, verdict guilty. Count 23, the crime of securities fraud as charged in Count 23 of the indictment, verdict not guilty.

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 13 of 65

6160

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Count 24, the crime of securities fraud as charged in Count 24 of the indictment, verdict guilty. Count 25, the crime of securities fraud as charged in Count 25 of the indictment, verdict guilty. Count 26, the crime of securities fraud as charged in Count 26 of the indictment, verdict not guilty. Count 27, the crime of securities fraud as charged in Count 27 of the indictment, verdict not guilty. Count 28, the crime of securities fraud as charged in Count 28 of the indictment, verdict guilty. Count 29, the crime of securities fraud as charged in Count 29 of the indictment, verdict not guilty. Count 36, the crime of money laundering as charged in Count 36 of the indictment, verdict not guilty. Count 40, the crime of money laundering as charged in Count 40 of the indictment, verdict guilty. Dated today's date, signed ostensibly by the foreperson and all other members of this jury. seated. I will now publish the verdicts pertaining to Michael Smith, and thank you for standing, gentlemen. Under the caption of this case, the verdict form, Michael Smith. Count 1, the crime of conspiracy is charged in And gentlemen, you may be

Count 1 of the indictment, verdict not guilty. Count 5, the crime of mail fraud as charged in Count 5

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 14 of 65

6161

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

of the indictment, verdict not guilty. Count 6, the crime of mail fraud as charged in Count 6 of the indictment, verdict not guilty. Count 7, the crime of mail fraud as charged in Count 7 of the indictment, verdict not guilty. Count 8, the crime of mail fraud as charged in Count 8 of the indictment, verdict not guilty. Count 9, the crime of mail fraud as charged in Count 9 of the indictment, verdict not guilty. Count 16, the crime of wire fraud as charged in Count 16 of the indictment, verdict not guilty. Count 17, the crime of wire fraud as charged in Count 17 of the indictment, verdict not guilty. Count 23, the crime of securities fraud as charged in Count 23 of the indictment, verdict guilty. Count 24, the crime of securities fraud as charged in Count 24 of the indictment, verdict not guilty. Count 25, the crime of securities fraud as charged in Count 25 of the indictment, verdict not guilty. Count 26, the crime of securities fraud as charged in Count 26 of the indictment, verdict guilty. Count 27, the crime of securities fraud as charged in Count 27 of the indictment, verdict guilty. Count 28, the crime of securities fraud as charged in Count 28 of the indictment, verdict not guilty.

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 15 of 65

6162

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Count 29, the crime of securities fraud as charged in Count 29 of the indictment, verdict not guilty. Count 35, the crime of money laundering as charged in Count 35 of the indictment, verdict not guilty. And Count 39, the crime of money laundering as charged in Count 39 of the indictment, verdict not guilty. Dated today's date and signed ostensibly by the foreperson and all other members of the jury. Gentlemen, you may be seated. I will now publish the Special Verdict Form, Count 1, conspiracy overt acts. Under the caption of this case, Special

Verdict Form, Count 1, conspiracy overt acts. We, the jury, on our oaths unanimously find by proof beyond a reasonable doubt that the following overt act or acts were committed by a conspirator or coconspirator subject to the restraints and requirements of unanimity as described in Instruction No. 22. In furtherance of the conspiracy charged in

Count 1 of the indictment, mark all that apply. The first paragraph is unmarked. All remaining

paragraphs appearing on pages 2 and 3 of the Special Verdict Form are marked with an X. Special Verdict Form is dated today's date, and signed ostensibly by the foreperson and all other members of the jury. Those are ostensibly the verdicts of this jury. Ladies and gentlemen of the jury, I will now poll you

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 16 of 65

6163

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

individually to confirm the validity and unanimity of your verdicts. BY THE COURT: Q Are these your verdicts as to all counts concerning George

Schmidt, George Alan Weed, Charles Lewis, and Michael Smith, juror No. 1? A Q A Q A Q A Q A Q A Q A Q A Q A Q A Yes. And juror No. 2? Yes. Juror No. 3? Yes. Juror No. 4? Yes. Juror No. 5? Yes. Juror No. 6? Yes. Juror No. 7? Yes. Juror No. 8? Yes. Juror No. 9? Yes. Juror No. 10? Yes.

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 17 of 65

6164

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q A Q A

Juror No. 11? Yes. Juror No. 12? Yes. THE COURT: Thank you, ladies and gentlemen. You have

now completed and discharged your solemn and sworn duties as jurors in the trial of this case. Momentarily, you will be excused from further duty and service with the thanks of this court. The question may arise

whether you may discuss this case, this trial, your service, or your deliberations, and with whom. I instruct and advise you for your own guidance that under the local rules of this United States District Court, the parties and their attorneys are prohibited from broaching those subjects with you. From your perspective, and on your part, please be instructed, you may say as much or as little about this case, this trial, these parties, your service, or your deliberations as you choose, and with whomever you choose. Importantly, if someone persists in discussing this case or trial or your service over your objections, or if someone becomes critical in any way of your service as a juror in the trial of this case, then please report any such circumstance directly to me. Very well. Once you have left those all important

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 18 of 65

6165

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

juror badges and key cards with Mrs. Kramer, you are excused from further duty and service in this case with our thanks. All rise pending the exit of these jurors. (Jury out at 2:02 p.m.) THE COURT: Thank you, and please be seated.

At the conclusion of these proceedings, I will make the original verdict forms, including the Special Verdict Form, available to counsel at my bench for review and perusal under the watchful eye of my courtroom deputy clerk, Mrs. Ginny Kramer, to the extent that you are interested in seeing those original verdict forms. The court will be in recess for approximately fifteen minutes, after which it shall take up the issue of detention or bail and bond. I am going to ask, of course, that the parties and their counsel remain in the courtroom during the time of this recess, please. Very well. We are in recess.

(Recess at 2:05 p.m., until 2:25 p.m.) THE COURT: Thank you, and again please be seated.

Indeed we are. Very well. As concerns each defendant and as required

under 18 U.S.C. Section 3552 and Federal Rules of Criminal Procedure 32, the probation department shall conduct individual presentence investigations and shall file individual presentence

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 19 of 65

6166

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

reports. Counsel for each of the defendants, it is now your duty to contact the probation department. open court. I see Susan Heckman in

Immediately following the conclusion of these

proceedings to arrange, schedule, and coordinate the presentence investigation for the defendant that you represent, please. I have tentative sentencing dates for each defendant. Sentencing for Mr. Schmidt shall be conducted on August 31, 2007, at 2:30 p.m. Sentencing for Mr. Weed shall be conducted on September 7, 2007, at 11:00 o'clock a.m. Sentencing for Mr. Lewis shall be conducted on September 7, 2007, at 1:30 p.m. And sentencing for Mr. Smith shall be conducted on September 7 at 2:30 p.m. MR. GOODREID: respect to those dates? THE COURT: I am sorry, Mr. Goodreid. I am married and Your Honor, are you taking requests with

don't need a date, but -MR. GOODREID: Well, your Honor, that segues nicely I

into my point on September 7th also related to my marriage.

tentatively have anniversary plans around a long weekend there, and if the court could accommodate me, the two of us would be very appreciative. THE COURT: Madam clerk, let's see what else is

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 20 of 65

6167

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

available. right.

That rises almost to the level of a constitutional

MR. GOODREID:

Thank you, your Honor. Okay. September 14th at eleven.

THE COURTROOM DEPUTY: MR. GOODREID:

That would be fine by my schedule, your

Honor, if it meets with the government. THE COURT: MR. KIRSCH: Is that available to the government's? Your Honor, unfortunately, I have

non-tentative tenth anniversary plans on that date. THE COURT: The number of years, Mr. Goodreid. For what it counts, sixteen. The 21st at ten. Available to The 21st?

MR. GOODREID:

THE COURTROOM DEPUTY: THE COURT: the government? MR. KIRSCH: THE COURT:

September 21 at 10:00 a.m.

Yes, your Honor. Available to Mr. Weed and Mr. Goodreid? Yes, your Honor. Thank you.

MR. GOODREID: THE COURT:

Very well.

Then sentencing for Mr. Weed

shall be conducted not on September 7 but instead on September 21, 2007, and the time again, madam clerk? THE COURTROOM DEPUTY: THE COURT: Ten.

At ten o'clock a.m. * * * * * * * * * *

(Bond hearing following these proceedings filed in a separate volume.)

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 21 of 65

6168

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 20 21 22 23 24 Offered 536 540 542 545 548 Item Volume IV OPENING STATEMENTS By Mr. Angelo By Mr. Hammond By Mr. Goodreid By Mr. Gainor By Mr. O'Donnell WITNESSES Boyd Brown

INDEX Page

484 499 506 520 524

Direct Examination By Mr. Kirsch Cross-examination By Mr. Stuckey Cross-examination By Mr. Gainor Cross-examination By Mr. Goodreid Cross-examination By Mr. Hammond Redirect Examination By Mr. Kirsch GOVERNMENT'S EXHIBITS Received 537 540 542 545 548 Refused Reserved

533 568 572 575 577 584

Withdrawn

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 22 of 65

6169

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 25 26 26 27 28 29 Volume V WITNESSES

GOVERNMENT'S EXHIBITS (Cont'd.) Offered 549 555 556 559 563 566 559 564 566 Received 549 556 555 Refused Reserved Withdrawn

Joseph Roy Christian Direct Examination By Mr. Angelo Cross-examination By Mr. Stuckey Cross-examination By Mr. Gainor Cross-examination By Mr. Goodreid Cross-examination By Mr. Hammond Redirect Examination By Mr. Angelo Scott Bailey Direct Examination By Mr. Angelo Cross-examination By Mr. Goodreid Redirect Examination By Mr. Angelo 683 713 727 599 633 645 651 652 681

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 23 of 65

6170

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

WITNESSES Andrew Wragg Direct Examination By Mr. Kirsch Cross-examination By Mr. Gainor Cross-examination By Mr. Goodreid Redirect Examination By Mr. Kirsch Lawrence Forgione Direct Examination By Mr. Angelo Cross-examination By Mr. Bornstein Gordon Hulbert Direct Examination By Mr. Kirsch Cross-examination By Mr. Stuckey Cross-examination By Mr. Gainor Cross-examination By Mr. Goodreid Cross-examination By Mr. Bornstein Redirect Examination By Mr. Kirsch Sandra Woodbury Direct Examination By Mr. Angelo Cross-examination By Mr. Goodreid Cross-examination By Mr. Bornstein GOVERNMENT'S EXHIBITS Exhibit 70 71 73 Offered 615 622 626 Received 615 622 627 Refused Reserved Withdrawn 842 848 862 765 810 818 820 821 838 743 755 729 737 738 740

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 24 of 65

6171

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 1 2 3 5 4 40 41 42 43 44 47 46 45 48 49 50 51 52 12030 87

GOVERNMENT'S EXHIBITS (Cont'd.) Offered 696 700 703 706 707 769 773 775 780 782 786 788 790 793 795 795 800 803 841 853 854 706 707 769 774 776 780 782 786 788 791 793 795 797 800 804 Received 696 701 704 Refused Reserved Withdrawn

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 25 of 65

6172

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 68 18 6 Volume VI WITNESSES Jerry Landsman

DEFENDANT WEED'S EXHIBITS Offered 717 721 857 Received 717 722 857 Refused Reserved Withdrawn

Direct Examination By Mr. Angelo Cross-examination By Mr. O'Donnell Cross-examination By Mr. Gainor Cross-examination By Mr. Goodreid Cross-examination By Mr. Bornstein Redirect Examination By Mr. Angelo Gary Bell Direct Examination By Mr. Kirsch Cross-examination By Mr. Stuckey Cross-examination By Mr. Gainor Cross-examination By Mr. Goodreid Cross-examination By Mr. Bornstein Redirect Examination By Mr. Kirsch

882 911 918 919 935 937

940 986 994 996 1000 1023

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 26 of 65

6173

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

WITNESSES Mary Gough Direct Examination By Mr. Angelo Cross-examination By Mr. Stuckey Cross-examination By Mr. Gainor Cross-examination By Mr. Bornstein Redirect Examination By Mr. Angelo Kenneth Podeschi Direct Examination By Mr. Kirsch Cross-examination By Mr. O'Donnell Cross-examination By Mr. Gainor Cross-examination By Mr. Goodreid Redirect Examination By Mr. Kirsch John Hyland Direct Examination By Mr. Angelo Cross-examination By Mr. O'Donnell Cross-examination By Mr. Hammond Redirect Examination By Mr. Angelo GOVERNMENT'S EXHIBITS Exhibit 12030 60 61 62 64 Offered 874 891 901 904 908 891 902 904 908 Received Refused Reserved Withdrawn 1117 1142 1147 1154 1093 1107 1112 1113 1115 1028 1057 1063 1064 1089

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 27 of 65

6174

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 63 100 101 102 102 104 103 105 130 131 132 134 136 86 180 181 12023 140 140 140 141 143 144

GOVERNMENT'S EXHIBITS (Cont'd.) Offered 910 949 957 963 967 973 974 977 1032 1038 1040 1044 1048 1090 1095 1098 1102 1120 1122 1124 1129 1135 1137 1130 1136 1137 1096 1098 1102 1125 1121 1123 979 1034 1039 1041 1044 1049 1091 973 975 Received 910 951 958 969 Refused Reserved Withdrawn

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 28 of 65

6175

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 146 Volume VII WITNESSES

GOVERNMENT'S EXHIBITS (Cont'd.) Offered 1140 Received 1140 Refused Reserved Withdrawn

Michael Brudwick Direct Examination By Mr. Kirsch Cross-examination By Mr. Bornstein Cynthia Lange Direct Examination By Mr. Angelo Cross-examination By Mr. O'Donnell Cross-examination By Mr. Bornstein Warren Peterson Direct Examination By Mr. Angelo Cross-examination By Mr. Stuckey Cross-examination By Mr. Gainor Cross-examination By Mr. Hammond Thomas Sindelar Direct Examination By Mr. Angelo Cross-examination By Mr. O'Donnell Cross-examination By Mr. Gainor Cross-examination By Mr. Hammond Redirect Examination By Mr. Angelo Linden Markham Direct Examination By Mr. Angelo 1320 1281 1298 1306 1310 1315 1240 1268 1272 1279 1198 1227 1230 1179 1193

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 29 of 65

6176

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

JUROR No. 7 ISSUE JUROR No. 7 ISSUE GOVERNMENT'S EXHIBITS Exhibit 12022 150 151 152 12025 - 12027 12002 - 12004 160 161 162 163 164 165 170 171 172 173 174 3 12001 12005 200 201 Offered 1177 1183 1184 1186 1189 1196 1201 1201 1202 1203 1203 1204 1211 1214 1216 1217 1221 1226 1239 1239 1245 1248 Received 1178 1183 1185 1186 1192 1196 1201 1202 1202 1203 1203 1204 1211 1214 1216 1217 1222 1226 1239 1239 1245 1248 Refused

1167 1337 Reserved Withdrawn

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 30 of 65

6177

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 202 202 203 204 206 205, p.1 210 211 12024 212 214 213 Volume VIII

GOVERNMENT'S EXHIBITS (Cont'd.) Offered 1252 1255 1261 1262 1266 1267 1286 1288 1290 1292 1293 1296 1261 1262 1266 1267 1286 1288 1290 1292 1293 1297 Received 1255 Refused Reserved Withdrawn 1253

JUROR NO. 3 ISSUE GIGLIO DOCUMENT PRODUCTION Volume IX WITNESSES Linden Markham Direct Examination By Mr. Angelo Cross-examination By Mr. Gainor Cross-examination By Mr. Goodreid Cross-examination By Mr. Bornstein Redirect Examination By Mr. Angelo Recross-examination By Mr. Bornstein

1357 1373

1397 1437 1458 1464 1472 1474

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 31 of 65

6178

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

WITNESSES Wendy Delaney Direct Examination By Mr. Kirsch Cross-examination By Mr. O'Donnell Cross-examination By Mr. Gainor Cross-examination By Mr. Goodreid Cross-examination By Mr. Bornstein Redirect Examination By Mr. Kirsch Donna Walker Direct Examination By Mr. Angelo Tammie Goulet Direct Examination By Mr. Kirsch Cross-examination By Mr. Stuckey Cross-examination By Mr. Bornstein Redirect Examination By Mr. Kirsch COURT'S RULING ON GIGLIO ISSUE GOVERNMENT'S EXHIBITS Exhibit 220 221 222 223 223 225 226 Offered 1400 1409 1415 1415 1418 1422 1426 1423 1429 1417 1419 Received 1400 1409 1423 Refused Reserved Withdrawn 1394 1583 1628 1653 1655 1578 1477 1528 1548 1559 1560 1573

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 32 of 65

6179

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 227 223 231 230 236 232 233 234 235 237 237 238 239 240 241 290 330 2018 510

GOVERNMENT'S EXHIBITS (Cont'd.) Offered 1433 1475 1493 1495 1498 1501 1505 1508 1508 1493 1496 1499 1501 1505 1508 1509 1511 1511 1513 1518 1520 1522 1580 1596 1599 1608 1517 1518 1520 1522 1580 1596 1599 1609 Received Refused 1434 1476 Reserved Withdrawn

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 33 of 65

6180

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Volume X WITNESSES Donald Hoener Direct Examination By Mr. Kirsch Cross-examination By Mr. Stuckey Cross-examination By Mr. Bornstein Redirect Examination By Mr. Kirsch David Trotter Direct Examination By Mr. Kirsch Cross-examination By Mr. O'Donnell Cross-examination By Mr. Hammond Redirect Examination By Mr. Kirsch Carol Hendrikson Direct Examination By Mr. Angelo Cross-examination By Mr. Stuckey Cross-examination By Mr. Hammond Val Bough Direct Examination By Mr. Angelo Cross-examination By Mr. Stuckey Cross-examination By Mr. Gainor Cross-examination By Mr. Goodreid Cross-examination By Mr. Hammond Redirect Examination By Mr. Angelo 1841 1902 1922 1935 1941 1962 1808 1825 1832 1746 1780 1796 1805 1680 1717 1738 1744

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 34 of 65

6181

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit Offered 1678 1689 1696 1696 1700 1704 1709 1712 1761 1765 1767 1771 1775 1811 1816 1818 1820 1823 1851 1851 1851 1851 1865

GOVERNMENT'S EXHIBITS Received 1678 1689 1698 1698 1701 1706 Refused Reserved Withdrawn

12006 - 12008 331 332 334 333 336 335 335 340 341 342 344 345 370 371 372 375 376 310 311 312 313 314

1763 1765 1767 1773 1775 1811 1817 1818 1820 1823 1851 1851 1851 1851 1865

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 35 of 65

6182

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 315 317 316 320 321 323 326 325 Volume XI WITNESSES

GOVERNMENT'S EXHIBITS (Cont'd.) Offered 1865 1869 1873 1885 1889 1893 1898 1901 Received 1865 1869 1874 1885 1891 1893 1899 1901 Refused Reserved Withdrawn

Paetra Donegan Direct Examination By Mr. Kirsch Cross-examination By Mr. Stuckey Cross-examination By Mr. Gainor Ben Ortize Direct Examination By Mr. Kirsch Cross-examination By Mr. Stuckey Cross-examination By Mr. Gainor Cross-examination By Mr. Hammond Redirect Examination By Mr. Kirsch 2010 2037 2040 2045 2048 1984 2002 2006

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 36 of 65

6183

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

WITNESSES Cory Kirkham Direct Examination By Mr. Kirsch Cross-examination By Mr. Gainor Cross-examination By Mr. Hammond George Beros Direct Examination By Mr. Kirsch Cross-examination By Mr. Bornstein Cross-examination By Mr. Goodreid Cross-examination By Mr. Gainor Cross-examination By Mr. O'Donnell Redirect Examination By Mr. Kirsch GOVERNMENT'S EXHIBITS Exhibit 270 271 271 271 360 361 362 364 365 363 350 Offered 1987 1992 1994 1998 2021 2023 2025 2030 2033 2036 2061 2021 2023 2025 2031 2033 2036 2063 Received 1989 1998 1992 1995 Refused Reserved Withdrawn 2085 2162 2208 2212 2220 2242 2051 2081 2082

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 37 of 65

6184

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 351 352 354 12009 6000, p. 1 6001 3011 Volume XII WITNESSES Nancy Balfe

GOVERNMENT'S EXHIBITS (Cont'd.) Offered 2065 2067 2074 2120 2129 2132 2135 2121 2130 2133 2135 Received 2065 2068 2078 Refused Reserved Withdrawn

Direct Examination By Mr. Kirsch Cross-examination By Mr. Stuckey Cross-examination By Mr. Gainor Cross-examination By Mr. Goodreid Timothy Wicker Direct Examination By Mr. Kirsch Cross-examination By Mr. Stuckey Cross-examination By Mr. Gainor Cross-examination By Mr. Goodreid Redirect Examination By Mr. Kirsch Recross-examination By Mr. Goodreid

2275 2284 2285 2286

2291 2311 2314 2317 2327 2328

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 38 of 65

6185

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

WITNESSES Dawn Leget Direct Examination By Mr. Kirsch Cross-examination By Mr. Goodreid William DellaPenna Direct Examination By Mr. Angelo Cross-examination By Mr. Stuckey Cross-examination By Mr. Bornstein Redirect Examination By Mr. Angelo Michael Jones Direct Examination By Mr. Kirsch Cross-examination By Mr. Gainor Cross-examination By Mr. Bornstein Redirect Examination By Mr. Kirsch Jeffrey Stan Direct Examination By Mr. Kirsch Cross-examination By Mr. Stuckey Gregory Hector Direct Examination By Mr. Angelo Cross-examination By Mr. O'Donnell Cross-examination By Mr. Gainor JUROR NO. 15 ISSUE 2270 2466 2519 2531 2441 2457 2412 2433 2438 2439 2348 2385 2398 2408 2333 2345

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 39 of 65

6186

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 304 5013 300 301 302 303 380 381 386 385 387 382 384 388 389 400 402 408 409 430 431 432 433 Offered 2277 2281 2295 2301 2304 2306 2353 2364 2368 2370 2371 2373 2376 2378 2381 2423 2428 2429 2431 2449 2453 2454 2455

GOVERNMENT'S EXHIBITS Received 2278 2282 2295 2301 2304 2307 2353 Refused Reserved Withdrawn

2368 2370 2371 2374 2377 2379 2382 2424 2428 2429 2431 2451 2453 2454 2455

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 40 of 65

6187

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 11 Volume XIII WITNESSES Exhibit 253 254 252 250 256 257 258 259 260 255 251

GOVERNMENT'S EXHIBITS (Cont'd.) Offered 2478 2482 2489 2493 2499 2503 2504 2506 2508 2513 2527 Received 2480 2483 2490 2494 2499 2503 2504 2506 2508 2515 2528 Refused Reserved Withdrawn

DEFENDANT SMITH'S EXHIBITS Offered 2391 Received 2392 Refused Reserved Withdrawn

Gregory Hector Cross-examination By Mr. Gainor Cross-examination By Mr. Hammond Redirect Examination By Mr. Angelo 2566 2576 2598

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 41 of 65

6188

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

WITNESSES Susan Veik Direct Examination By Mr. Angelo Cross-examination By Mr. Stuckey Cross-examination By Mr. Gainor RULE 403 MOTION MOTION FOR MISTRIAL GOVERNMENT'S EXHIBITS Exhibit 263 12030 - 12031 272 273 227 223 401 410 1003 1021 1040 5002 1035 1009 1007 1008 1033 Offered 2594 2603 2616 2618 2624 2624 2626 2631 2634 2642 2645 2657 2665 2681 2689 2696 2698 Received 2594 2604 2617 2618 2624 2625 2626 2631 2639 2642 2646 2657 2671 2681 2690 2696 2698 Refused Reserved Withdrawn 2558 2723 2606 2745 2772

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 42 of 65

6189

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 1036 1037 1038 1050 5020 1013 1014 1011 1012 1010 1043 Volume XIV WITNESSES Susan Veik

GOVERNMENT'S EXHIBITS (Cont'd.) Offered 2702 2704 2705 2707 2711 2714 2722 2728 2732 2735 2739 Received 2703 2704 2705 2707 2712 2720 2726 2729 2733 2737 2741 Refused Reserved Withdrawn

Cross-examination By Mr. Gainor Cross-examination By Mr. Hammond Redirect Examination By Mr. Angelo Recross-examination By Mr. Stuckey Recross-examination By Mr. Gainor

2818 2881 2906 2917 2920

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 43 of 65

6190

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

WITNESSES Richard Gray Direct Examination By Mr. Kirsch Cross-examination By Mr. O'Donnell Cross-examination By Mr. Goodreid Cross-examination By Mr. Bornstein Redirect Examination By Mr. Kirsch Recross-examination By Mr. Goodreid Robert Wommack Direct Examination By Mr. Angelo Cross-examination By Mr. O'Donnell Cross-examination By Mr. Bornstein Redirect Examination By Mr. Angelo Kathryn Mills Direct Examination By Mr. Kirsch Cross-examination By Mr. Stuckey Larry Seastrom Direct Examination By Mr. Kirsch Cross-examination By Mr. Hammond Deposition of Gary Herbert Played DEFENDANT LEWIS'S EXHIBITS Exhibit 17 Offered 2837 Received 2838 Refused Reserved Withdrawn 3049 3035 3045 3023 3032 2973 3000 3020 3021 2923 2947 2954 2963 2969 2970

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 44 of 65

6191

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 229 9000A Exhibit 5018 5019 460 461 462 463 540 541 542 543 544 9000 9001 9000A 86 3043 Offered 2852 2855 2930 2936 2940 2943 2986 2989 2991 2991 2998 3036 3036

GOVERNMENT'S EXHIBITS Received 2853 2857 2931 2937 2941 2944 2986 2989 2991 2991 2998 3037 3037 3038 3044 DEFENDANT WEED'S EXHIBITS Offered 2956 3038 Received 2957 Refused Reserved Withdrawn Refused Reserved Withdrawn

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 45 of 65

6192

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Volume XV WITNESSES Deposition of Gary Herbert Played Stephen Brittain Direct Examination By Mr. Angelo Cross-examination By Mr. O'Donnell Cross-examination By Mr. Hammond Redirect Examination By Mr. Angelo STIPULATIONS DEFENDANT SMITH'S EXHIBITS Exhibit 3 4 33 34 Offered 3094 3095 3098 3101 GOVERNMENT'S EXHIBITS Exhibit 530 531 Volume XVI WITNESSES Leo Durkacz Direct Examination By Mr. Kirsch Cross-examination By Mr. Bornstein 3174 3186 Offered 3107 3115 Received 3108 3115 Refused Reserved Withdrawn Received 3095 3097 3135 Refused Reserved Withdrawn 3078 3102 3116 3129 3132 3087

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 46 of 65

6193

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

WITNESSES Leonard Zawistowski Direct Examination By Mr. Angelo Cross-examination By Mr. Stuckey Cross-examination By Mr. Gainor Cross-examination By Mr. Hammond Redirect Examination By Mr. Angelo Stephen DiRito Direct Examination By Mr. Kirsch Mark Bienstock Direct Examination By Mr. Angelo Cross-examination By Mr. Goodreid Cross-examination By Mr. Bornstein Redirect Examination By Mr. Angelo Connie Gummadi Direct Examination By Mr. Kirsch Ted Wilburn Direct Examination By Mr. Kirsch Isaac Bratcher Direct Examination By Mr. Angelo Cross-examination By Mr. O'Donnell Cross-examination By Mr. Goodreid Redirect Examination By Mr. Angelo Recross-examination By Mr. Goodreid 3275 3289 3294 3299 3300 3257 3252 3224 3236 3244 3250 3217 3190 3204 3210 3213 3215

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 47 of 65

6194

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

WITNESSES Daniel Lee Direct Examination By Mr. Kirsch Cross-examination By Mr. O'Donnell Redirect Examination By Mr. Kirsch Marion Pettee Direct Examination By Mr. Angelo Cross-examination By Mr. Bornstein Redirect Examination By Mr. Angelo Leslie Kopper Direct Examination By Mr. Kirsch Cross-examination By Mr. O'Donnell Miles Gooderham Direct Examination By Mr. Kirsch Cross-examination By Mr. Stuckey Redirect Examination By Mr. Kirsch Gary Rademacher Direct Examination By Mr. Kirsch Cross-examination By Mr. Stuckey Cross-examination By Mr. Bornstein DEFENDANT SMITH'S EXHIBITS Exhibit 34 Offered Received 3168 Refused Reserved Withdrawn 3373 3384 3385 3358 3370 3372 3348 3354 3312 3333 3345 3302 3308 3309

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 48 of 65

6195

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 521 520A 520B 440 4003 4005 4006 283 283, p.1 5002 5004 5005 5009 5010 5012 5014 5015 5016 5017 5021 Exhibit 228

DEFENDANT WEED'S EXHIBITS Offered 3169 Received 3393 GOVERNMENT'S EXHIBITS Offered 3177 3185 3185 3201 3219 3220 3221 3232 3233 3260 3261 3262 3263 3264 3264 3266 3267 3267 3268 3270 3233 3260 3261 3262 3263 3264 3265 3266 3267 3267 3268 3270 Received 3179 3186 3186 3201 3219 3221 3221 Refused Reserved Withdrawn Refused Reserved Withdrawn

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 49 of 65

6196

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 5024 5025 5035 7004 7006 450 451 452 3000 3001 3004 3007 3009 3003 2002 2003 2004 2006 2008 2013 2014 2015 2016

GOVERNMENT'S EXHIBITS (Cont'd.) Offered 3271 3272 3272 3304 3307 3318 3323 3325 3350 3351 3352 3353 3353 3356 3359 3360 3361 3362 3362 3364 3365 3366 3367 3307 3320 3324 3325 3350 3351 3352 3353 3353 3356 3360 3360 3361 3362 3363 3364 3365 3366 3367 Received 3271 3272 3272 Refused Reserved Withdrawn

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 50 of 65

6197

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 2019 2020 191 192 12010 Volume XVII WITNESSES

GOVERNMENT'S EXHIBITS (Cont'd.) Offered 3368 3369 3377 3379 3391 Received 3368 3369 3377 3380 3391 Refused Reserved Withdrawn

Lambros Gianos Direct Examination By Mr. Angelo Cross-examination By Mr. Stuckey Cross-examination By Mr. Gainor Cross-examination By Mr. Hammond Redirect Examination By Mr. Angelo Michael Huffman Direct Examination By Mr. Kirsch Cross-examination By Mr. Gainor Cross-examination By Mr. Bornstein Redirect Examination By Mr. Kirsch 3482 3504 3508 3522 3428 3446 3449 3471 3479

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 51 of 65

6198

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

WITNESSES Carol Hall Direct Examination By Mr. Angelo Cross-examination By Mr. Stuckey Cross-examination By Mr. Hammond Redirect Examination By Mr. Angelo Recross-examination By Mr. Hammond Eric Black Direct Examination By Mr. Kirsch Philip Feigin Direct Examination By Mr. Angelo Cross-examination By Mr. Bornstein Cross-examination By Mr. O'Donnell Redirect Examination By Mr. Angelo Recross-examination By Mr. O'Donnell GOVERNMENT'S EXHIBITS Exhibit 420 421 422 423 424 425 12013 12015 Offered 3434 3434 3436 3437 3441 3442 3489 3491 Received 3435 3438 3436 3437 3441 3442 3489 3492 Refused Reserved Withdrawn 3588 3611 3621 3641 3644 3581 3525 3565 3567 3577 3578

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 52 of 65

6199

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 570 571 581 572 573 574 575 577 578 579 580 5030, p. 2-3 5031, p. 2-10 5031, p. 2-10 Volume XVIII WITNESSES Darren McGee

GOVERNMENT'S EXHIBITS (Cont'd.) Offered 3532 3533 3537 3541 3542 3546 3551 3556 3558 3560 3564 3583 Received 3532 3535 3538 3541 3542 3547 3551 3556 3558 3561 3564 3583 3584 3584 Refused Reserved Withdrawn

Direct Examination By Mr. Kirsch Cross-examination By Mr. Stuckey Cross-examination By Mr. Gainor Cross-examination By Mr. Hammond

3691 3709 3710 3711

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 53 of 65

6200

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

WITNESSES Gina Silletto-Russo Direct Examination By Mr. Kirsch Cross-examination By Mr. Stuckey Cross-examination By Mr. Hammond Wayne Stockley Direct Examination By Mr. Kirsch Cliff Seigneur Direct Examination By Mr. Angelo Cross-examination By Mr. Hammond Redirect Examination By Mr. Angelo GOVERNMENT'S EXHIBITS Exhibit 560 561 563 564 565 566 12012 9040 9002 9003 9020-9032 9050 Offered 3693 3696 3700 3703 3705 3708 3719 3723 3741 3741 3767 3776 Received 3693 3696 3700 3703 3706 3708 3719 3723 3766 3766 3773 3777 Refused Reserved Withdrawn 3863 3886 3896 3734 3721 3728 3731

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 54 of 65

6201

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 9060-9070 9080 9090 9091 9100 9101 9110 9120 9121 9130 9140-9142 9150 9160 9180 9190-9215 9217-9276 9190-9203 9205 9210 9211 9213 9214 9217

GOVERNMENT'S EXHIBITS (Cont'd.) Offered 3778 3781 3782 3782 3784 3784 3785 3787 3787 3788 3790 3791 3791 3793 3795 3795 3800 3800 3800 3800 3800 3800 3800 3803 3803 3803 3803 3801 3801 3801 Received 3780 3782 3783 3783 3785 3785 3787 3788 3788 3789 3791 3792 3792 3793 Refused Reserved Withdrawn

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 55 of 65

6202

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 9220 9222 9227-9229 9233 9236 9238 9240 9241 9243 9244 9248 9251 9255 9256 9258 9259 9264 9265 9267 9268 9272 9273 9205

GOVERNMENT'S EXHIBITS (Cont'd.) Offered 3800 3800 3800 3800 3800 3800 3800 3800 3800 3800 3800 3800 3800 3800 3800 3800 3800 3800 3800 3800 3800 3800 3802 Received 3801 3801 3801 3801 3801 3801 3801 3801 3801 3801 3801 3801 3801 3801 3801 3801 3801 3801 3801 3801 3801 3801 3803 Refused Reserved Withdrawn

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 56 of 65

6203

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 9300 9301 9310 9311 9320 9330-9356 9401 12000 9500B-9514B 590 591 592 593 593 595

GOVERNMENT'S EXHIBITS (Cont'd.) Offered Received 3804 3803 3805 3805 3806 3808 3809 3815 3824 3870 3873 3877 3879 3881 3884 3804 3806 3806 3807 3809 3814 3820 3828 3870 3873 3877 3879 3882 3885 3742 3843 Refused Reserved Withdrawn

ARGUMENT ON GOVERNMENT'S BANK RECORDS ARGUMENT ON GOVERNMENT'S SUMMARY EXHIBITS

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 57 of 65

6204

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Volume XIX WITNESSES Wayne Stockley Direct Examination By Mr. Kirsch Cross-examination By Mr. Bornstein Cross-examination By Mr. O'Donnell Cross-examination By Mr. Gainor Cross-examination By Mr. Goodreid Redirect Examination By Mr. Kirsch Recross-examination By Mr. Gainor Redirect Examination By Mr. Kirsch DEFENDANT'S EXHIBITS Exhibit 10 Offered Received 4082 3937 Refused Reserved Withdrawn 3955 4008 4054 4070 4092 4096 4106 4111

ARGUMENT ON GOVERNMENT'S SUMMARY EXHIBITS GOVERNMENT'S EXHIBITS Exhibit 9500A-9514A 384 12011 12016-12019 4125 4126 4126 4125 4127 4127 Offered Received Refused 3953

Reserved

Withdrawn

DEFENDANT LEWIS'S EXHIBITS Exhibit 10 Offered 4082 Received Refused Reserved Withdrawn

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 58 of 65

6205

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Volume XX RULE RULE RULE RULE RULE 29 29 29 29 29 MOTIONS MOTIONS MOTIONS MOTIONS MOTIONS BY BY BY BY BY MR. MR. MR. MR. MR. STUCKEY O'DONNELL GAINOR GOODREID BORNSTEIN 4174 4186 4194 4199 4210

Volume XXI WITNESSES Mark Perreault Direct Examination By Mr. Stuckey Cross-examination By Mr. Gainor Cross-examination By Mr. Angelo Michael Smith Direct Examination By Mr. O'Donnell Bly Haugen Direct Examination By Mr. Stuckey Cross-examination By Mr. Angelo GOVERNMENT'S REPLY BY MR. REPLY BY MR. REPLY BY MR. REPLY BY MR. RESPONSE TO RULE 29 MOTIONS O'DONNELL STUCKEY GOODREID BORNSTEIN DEFENDANT SMITH'S EXHIBITS Exhibit 35 44 1 1 2 Offered 4335 4338 4346 4404 4415 4416 Received 4337 4342 4405 4348 Refused Reserved Withdrawn 4279 4304 4306 4307 4309 4466 4472 4391 4314 4349 4362

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 59 of 65

6206

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 4 8 9 10 11 11 12 13 14 Volume XXII WITNESSES

DEFENDANT SMITH'S EXHIBITS (Cont'd.) Offered 4421 4433 4443 4443 4448 4448 4450 4450 4452 4456 4459 4453 4457 Received 4421 Refused Reserved Withdrawn

Jeffrey Mitchell Direct Examination By Mr. Stuckey Cross-examination By Mr. Angelo Redirect Examination By Mr. Stuckey Eric Weare Direct Examination By Mr. Stuckey Cross-examination By Mr. Goodreid Cross-examination By Mr. Angelo Redirect Examination By Mr. Stuckey David Dodd Direct Examination By Mr. Stuckey Cross-examination By Mr. Kirsch 4557 4564 4540 4547 4549 4555 4521 4528 4537

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 60 of 65

6207

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

WITNESSES Paula Galley Direct Examination By Mr. Stuckey Cross-examination By Mr. Hammond Cross-examination By Mr. Angelo Brian Hamond Direct Examination By Mr. Stuckey Cross-examination By Mr. Angelo David Peckham Direct Examination By Mr. Stuckey Cross-examination By Mr. Angelo Dennis McConkey Direct Examination By Mr. Stuckey Cross-examination By Mr. Kirsch Jim Brown Direct Examination By Mr. Kirsch Cross-examination By Mr. Kirsch Redirect Examination By Mr. Stuckey Redirect Examination By Mr. Kirsch Michael Smith Direct Examination By Mr. O'Donnell Cross-examination By Mr. Gainor Cross-examination By Mr. Kirsch 4621 4726 4730 4603 success stuck 4610 4617 4619 4598 4601 4591 4595 4580 4584 4570 4575 4576

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 61 of 65

6208

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 14 15 16 19 20 22 22 23 24 28 30 31 32 36 36 39 41 44 45

DEFENDANT SMITH'S EXHIBITS Offered 4625 4627 4632 4636 4639 4641 4643 4644 4648 4653 4659 4663 4666 4679 4684 4690 4698 4704 4713 4699 4706 4714 4653 4659 4663 4666 4681 4684 4691 4644 4650 4637 4640 4643 4642 4634 Received Refused Reserved Withdrawn

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 62 of 65

6209

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Volume XXIII WITNESSES Michael Smith Cross-examination By Mr. Kirsch Redirect Examination By Mr. O'Donnell Jan Frederickson Direct Examination By Mr. Stuckey Stephanie Hahn Direct Examination By Mr. Goodreid George Alan Weed Direct Examination By Mr. Goodreid Cross-examination By Mr. Stuckey Cross-examination By Mr. Gainor DEFENDANT SMITH'S EXHIBITS Exhibit 37 Offered 4906 Received Refused 4908 GOVERNMENT'S EXHIBITS Exhibit 5000 Offered 4982 Received 4982 DEFENDANT WEED'S EXHIBITS Exhibit 76 Offered 5039 Received 5040 Refused Reserved Withdrawn Refused Reserved Withdrawn Reserved Withdrawn 4931 5050 5053 4925 4916 4792 4902

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 63 of 65

6210

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Volume XXIV WITNESSES George Alan Weed Cross-examination By Mr. Angelo Redirect Examination By Mr. Goodreid GOVERNMENT'S EXHIBITS Exhibit 5034 5001 9402 Offered 5111 5187 5227 Received 5112 5187 5227 DEFENDANT WEED'S EXHIBITS Exhibit 27 30 33 53 61 60 Offered 5133 5138 5144 5159 5222 5224 Received 5133 5138 5144 5159 5222 5224 5265 5281 5283 5287 5287 5290 5294 Refused Reserved Withdrawn Refused Reserved Withdrawn 5103 5238

COURT'S RULING ON RULE 29 MOTIONS MR. SCHMIDT'S RENEWED RULE 29 MOTION MR. SCHMIDT'S MOTION RE VICARIOUS LIABILITY MR. LEWIS' RENEWED RULE 29 MOTION ARGUMENT ON SMITH'S EXHIBITS 14 AND 15 MR. SMITH'S RENEWED RULE 29 MOTION MR. SCHMIDT'S OBJECTION TO SMITH'S EXHIBIT 14 Volume XXV COURT'S RULING RE RULE 29 MOTIONS JURY INSTRUCTION CONFERENCE

5343 5346

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 64 of 65

6211

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Volume XXVI CLOSING ARGUMENTS By Mr. Angelo By Mr. O'Donnell By Mr. Gainor 5520 5580 5607

FINAL JURY INSTRUCTION CONFERENCE 5482 DISCUSSION OF ALTERNATE JURORS 5493 DEFENDANT SMITH'S EXHIBITS Exhibit 14 15 Volume XXVII CLOSING ARGUMENTS By Mr. Goodreid By Mr. Bornstein By Mr. Kirsch JURY QUESTION Volume XXVIII EXCUSE JURY Volume XXIX JURY QUESTION Volume XXX JURY QUESTION Volume XXXI EXCUSE JURY 5994 5943 5888 5839 5676 5714 5742 5785 Offered 5487 5487 Received 5488 5488 Refused Reserved Withdrawn

Case 1:04-cr-00103-REB

Document 1609

Filed 06/17/2008

Page 65 of 65

6212

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Volume XXXII JURY QUESTION Volume XXXIII JURY QUESTION Volume XXXIV VERDICTS 6150 6097 6044

REPORTER'S CERTIFICATE I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter. Dated at Denver, Colorado, this 16th day of June, 2008. s/Suzanne M. Claar