Free Transcript - District Court of Colorado - Colorado

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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 VIII _______________________________________________________________ Proceedings before the HONORABLE ROBERT E. BLACKBURN, Judge, United States District Court for the District of Colorado, commencing at 8:30 a.m., on the 11th day of April, 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

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APPEARANCES (Continued) PETER R. BORNSTEIN, 1600 Broadway, #2350, Denver, Colorado, 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.

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P R O C E E D I N G S (Proceedings resumed at 8:30 a.m.) THE COURT: Good morning, and thank you. Please be

We convene at 8:30 a.m.

We proceed on the record in

open court, deliberately outside the presence and hearing of the jury, to take up a matter involving regular juror No. 3, Ms. Shelley Antrillo. I can report that yesterday afternoon apparently she tripped and fell, sustaining injury to both her foot and her ankle. Good morning Mr. Bornstein. MR. BORNSTEIN: to the court. THE COURT: Appreciated and accepted. So glad you could join us. My apologies

Good morning, your Honor.

Mrs. Kramer observed Ms. Antrillo's swollen foot and ankle and provided her with ice. Yesterday evening Ms. Antrillo She has a

had her foot and ankle examined medically.

provisional or tentative diagnosis of a severe sprain and possible hairline fracture of her ankle. Conscientiously she

contacted my chambers by telephone, and I took the call and visited with her. She is unable, because of her physical condition and lack of transportation, she can no longer drive herself, to appear this morning at 8:30 a.m.

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As a result of the recommendation of the physician she saw yesterday or last night, she intends to make an appointment with an orthopedist hopefully today, which I note parenthetically is probably somewhat quixotic or panglossian, and that is the status at this time of Ms. Shelley Antrillo, juror No. 3. Now, I am not sure when and if she can be seen by an orthopedist, and I don't know what arrangements can be made for her transportation in the meantime, and I am not sure of whether her foot and ankle will allow her to sit in or near the jury box as now configured. I am not sure what medical requirements that she will have in terms of pain killers, antiinflammatories or the like so the present and future circumstances of Ms. Antrillo are problematic at best. And her current and prospective circumstances, therefore, implicate her ability to perform her duties as a juror in the trial of this case. Now, before I entertain and receive your anticipated responses, let me give you an opportunity, albeit a brief one, to confer between and among yourselves. MR. STUCKEY: THE COURT: Your Honor -I am going to

Gentlemen, please stand by.

hear from the government first and then from each of the defendants in turn. Thank you.

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Record, response, recommendation, or motion by the parties in interest, commencing with the government, Mr. Angelo. MR. ANGELO: Thank you, your Honor. Before we do that, I just want

can we inquire -- and we have made an assumption. to make sure that we are correct. morning. THE COURT:

That Ms. Jackson is back this

Ms. Jackson is back and has a favorable

report concerning her child, who is asthmatic and was stricken with such an attack yesterday afternoon. MR. ANGELO: Your Honor, the government agrees with the

court's assessment it's unlikely that Ms. Antrillo will be seeing an orthopod at any time soon, and not to mention the fact that the transportation issues I think are going to be insurmountable at this particular point. that she would be unable to serve. THE COURT: Transitioning to the defendants. So our assessment is

Mr. Stuckey. MR. STUCKEY: Your Honor, I think we are collectively

in agreement to request we wait, put off matters as long as we can, until she finds out what the situation is -- I forget it was. Her ankle, I guess you said. THE COURT: Foot and ankle. Foot and ankle. That can be incredibly

MR. STUCKEY:

Once she gets to an orthopedic doctor or nurse this

evening, they may have a course of action that's not going to

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let her stay, but they might also have her in a walking cast. So we would think that a short forbearance would be in order, and that perhaps later today we can find out what her situation was. THE COURT: counsel. MR. STUCKEY: THE COURT: this courtroom, sir. MR. STUCKEY: three, two one. THE COURT: intend to keep it. I came by this job the hard way but I Very well. Okay. There is only one bus driver in I appreciate your assistance. I forgot our order. Four, Mr. Stuckey, I will inquire of other

All right. Thank you.

They sent me.

Similar record, response, recommendation, or motion by other counsel for other defendants. MR. GAINOR: Mr. Gainor.

Thank you, your Honor. I think that we I am

I didn't mean to stand up prematurely.

can probably ascertain Ms. Antrillo's fate within the day.

just concerned that we are just halfway through the second week of what could potentially be a nine or ten-week trial, and I would hate to start losing jurors so early. I think if we wait a day, clarify her status, and there is probably a better chance than we are suspecting that she might be able to come back. I would hate to lose this juror now

without ascertaining more from a healthcare professional.

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THE COURT:

Mr. Goodreid. Your Honor, I would only say on behalf

MR. GOODREID:

of Mr. Weed that I concur with the previous remarks of the other two defense counsel and adopt their position. THE COURT: Thank you. Mr. Hammond.

MR. HAMMOND: we also concur.

And your Honor, on behalf of Mr. Schmidt,

I don't necessarily agree that we should go for I do concur that we should

the longest period of time possible.

give the juror the opportunity to let us know how she is doing and whether she can continue or not. And the reason I say this is as Mr. Gainor said. This

is set somewhere between eight to ten weeks, and we have had issues with juror No. 7. We had another issue with one of the

alternates yesterday with an asthmatic daughter, and now juror No. 3, the second one. I guess I should preface it this way. I am a

superstitious human being, and I have seen in the long trials where it snowballs, and suddenly a juror drops out, and another couple of days another juror drops out, and another couple of days a juror gets in an accident. reasons. They are all legitimate

But it is a phenomenon that is incredible to witness

as people have things happen to them, and they end up leaving, and we assume we have all the bases covered, and we don't. I think for -- as much as I think we all want to keep the trial moving, I think it would be prudent to let today go by

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and find out what the juror can or cannot do. THE COURT: Well, of course, all of this assumes she

will be able -- What a wonderful ring tone, Mr. Bornstein. MR. BORNSTEIN: THE COURT: I am sorry again, your Honor.

Your apology -I once again apologize to the court.

MR. BORNSTEIN: THE COURT:

-- is appreciated and accepted.

Well, what I am prepared to do at this time is this. Recontact the juror and ask how quickly she can make contact with the orthopedist of her choice, or to which she has been referred. If she can accomplish that communication within a reasonable but relatively short period of time, then I, too, favor allowing her to communicate with that office so that she can advise us as to how quickly she may be seen by an orthopedist. Once we have that information, then we have a much better idea of the delay to these trial proceedings, and can have the next round of discussions on the record. Now, I am reasonably confident that she will know if and when she can be seen by an orthopedist within probably the next hour or so. That is not an unreasonable delay in these And unless you have objections to the court

trial proceedings.

communicating in that fashion with Ms. Antrillo, then I intend to adopt that course of action for now.

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Any objection to the court communicating with Ms. Antrillo concerning her condition and her ability to be seen by an orthopedist. By the government? None at all, your Honor. By any one or more of the defendants.

MR. ANGELO: THE COURT: Thank you.

Men, for now we shall proceed on that basis. Madam clerk, in deference to the jury, please advise them -- it's not the third grade, Mr. O'Donnell. raise your hand. the court. You need not

If you have a question, please rise to address

Mrs. Kramer, in deference to the jury, please advise

them that we will be in a holding pattern. THE COURTROOM DEPUTY: THE COURT: with us, please. Mr. O'Donnell. MR. O'DONNELL: Can we have a moment, your Honor? Yes, your Honor.

And ask them to be patient and indulgent

The order overruling government's objection to defendant Smith's statement as to expert witness for trial. THE COURT: That's not before the court at this point. Oh, I wanted to give you an update.

MR. O'DONNELL: Shouldn't do that? THE COURT:

Not at this point.

I have a protocol.

If

you want to be heard in the morning, tell Mrs. Kramer last night. If you need to be heard in the evening after the day of

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trial, let her know now.

I am not going to deviate from that

unless we have exigent circumstances like those now confronting the court. scenario. MR. O'DONNELL: THE COURT: It can wait until tomorrow. I have crafted that protocol to avoid precisely this

Or this evening. Or this evening. Thank you.

MR. O'DONNELL: THE COURT:

All right.

Then, pending further proceedings, we are in recess. Counsel, you should remain in or near the courtroom so we may remain literally on a moment's notice. We are in recess. (Recess at 8:50 a.m., until 9:05 a.m.) THE COURT: be seated. As I said I would, I contacted Ms. Antrillo. She Again, thank you and good morning. Please

reports that she has an appointment this morning at 10:30 a.m. to be seen by an orthopedist, and she promises to provide my chambers with a prompt report of any diagnosis, course of treatment, and prognosis. She did express a concern about her ability to self-transport. I assuaged that concern by indicating to her

that the court has the resources necessary to provide transportation for her to and from court to facilitate her continuing service as a juror.

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Therefore, in these updated circumstances, I propose that we invite the jury into the jury box but recess this trial until this afternoon at 1:15 p.m. as concerns the jury, and one o'clock p.m. as concerns the court, the parties, and their counsel. I am sanguine, and hopefully not quixotic, that we will have an updated report from Ms. Antrillo, and will be able to take the next step in terms of our colloquy concerning progress in this trial. Let me provide you an opportunity for response and By the government. MR. ANGELO: THE COURT: We have none, your Honor. By any one or more of the defendants. Just one request on behalf of

MR. HAMMOND: Mr. Schmidt.

During the morning while the court is in recess,

can we still work in the courtroom? THE COURT: Yes, you may. Thank you. Mr. Gainor.

MR. HAMMOND: THE COURT: MR. GAINOR:

You are welcome.

Your Honor, assuming we are able to get an

update by one o'clock, or at least reconvene at one o'clock, I am thinking that even the situation that's most favorable to this court is unlikely that we will have the juror today or can make reasonable transport plans for her to come by 1:30 or two. So we are here, and we aren't going anywhere, but I am

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thinking it may be impossible, even if we do have a good prognosis, it will be difficult to get her here for us to reconvene. THE COURT: I understand. I was dubious that she would

be able to be seen this quickly by an orthopod, and I am not going to rob us of any opportunity to proceed with and resume these trial proceedings at the earliest possible time. Until Ms. Antrillo tells me that she can't be here by 1:30 or 2:00 o'clock p.m., I will give that option an opportunity and life of its own. Other counsel for defendants wishing to be heard? Very well. Madam clerk, would you please show the jury

into the courtroom and the jury box, please. THE COURTROOM DEPUTY: (Jury in at 9:10 a.m.) THE COURT: Thank you, and please be seated. Good Yes, your Honor.

morning, ladies and gentlemen of the jury. THE JURY: THE COURT: Good morning. And we thank you for your patience and

indulgence, but again while you have been waiting, we have been working. Conspicuous by her absence is juror No. 3, Ms. Shelley Antrillo. As you may or may not know, she fell yesterday and

sustained injuries to her foot and ankle. She was seen yesterday for her condition. It was

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evaluated provisionally.

She has an appointment to be seen by

an orthopedist this morning at 10:30 a.m. I am not yet prepared to proceed without her, and therefore we need to know her diagnosis, her course of treatment, and her prognosis. She may or may not be able to

rejoin us at all; she may or may not be able to rejoin us yet today. But I want to give that second option an opportunity. Now, rather than have you sitting around in neutral idling, I am going to place you in a state of recess as concerns this trial until this afternoon at 1:15 p.m. But again, I add this important disclaimer. We may or

may not be able to proceed this afternoon, either at that time or later. patience. During the time that you will be in recess concerning the trial, please store and believe behind in your jury deliberation suite your note-taking materials, and of course be especially mindful of the important rules that especially now govern you as jurors in this case. As concerns you, ladies and gentlemen of the jury, you are in recess until 1:15 p.m. As concerns the court, the But again I ask for your cooperation and your

parties, and their counsel, we shall be in recess until this afternoon at one o'clock p.m. Thus, we are in recess.

(Recess at 9:15 a.m., until 1:25 p.m.) THE COURT: Good afternoon, and thank you. Please be

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seated. Ms. Antrillo reports that she has been seen by an orthopedic specialist who diagnoses a severe -- God bless you -ankle sprain and a fracture of the foot. She has been fitted with a boot and plans to be available to resume her duties as a juror tomorrow morning at 8:30 a.m. She is concerned about transportation. The court,

even as we speak, is making the arrangements necessary for her transportation. And it appears that, although we cannot resume

this afternoon, we can first thing tomorrow morning. Your responsive record, if any, by the government. MR. ANGELO: Just briefly, your Honor. Certainly

that's fine with the government.

We would just note to the

court that because of the delays that we have encountered here, we have obviously had to send witnesses home, some of them, and we are endeavoring to follow the court's cardinal rule about batters on deck. Based upon these problems, we may have to ask the court's indulgence on an earlier, but not much earlier, recess in one or two afternoons until we get caught up. THE COURT: I understand. Thank you for the report.

Response or record by any one or more of the defendants? Hearing none, madam clerk, if you will show the attending jurors into the courtroom and jury box, please.

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THE COURTROOM DEPUTY: THE COURT:

Yes, your Honor.

And thank you.

(Jury in at 1:26 p.m.) THE COURT: All rise for the jury, please. Ladies and gentlemen

Thank you, and please be seated. of the jury, good afternoon. THE JURY: THE COURT: Good afternoon.

Ms. Antrillo reports that she has been seen

by an orthopedic specialist, who diagnoses her condition as a severely sprained ankle and a broken bone in her foot, for which she has been fitted with a boot or type of protective or walking cast. And although she cannot rejoin us this afternoon, she

plans to be present tomorrow morning at 8:30 a.m. to resume her duties as a member of this jury. We may have to reconfigure the seating arrangements to place her in a position where she can elevate her foot, and we may have to take more frequent recesses, but we will know more about that tomorrow morning. Thank you for allowing me to at least preserve the possibility and option of resuming this afternoon, but without Ms. Antrillo, that will not be possible. And therefore, as

concerns you, ladies and gentlemen, you will be in recess shortly until tomorrow morning at 8:30 a.m. Preparatory to that, you know the drill. Please store

and leave behind in your suite your note-taking materials, and

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of course be ever mindful of the important rules that govern your conduct as trial jurors, and then I add in paternalistic type fashion, please be careful, especially if you are walking your dogs at or near your home, which were the circumstances of Ms. Antrillo. Very well. Ladies and gentlemen, as concerns you, we Good

are in recess until tomorrow morning at 8:30 a.m. afternoon. All rise pending the exit of this jury. (Jury out at 1:28 p.m.) THE COURT:

Thank you, and please be seated as we

proceed outside the presence and hearing of the jury, and perhaps this will allow Mr. Ward an opportunity to get to work this afternoon and chip away on the twenty hours that he needs to maintain his health insurance coverage. Very well. you. Further business. Mr. O'Donnell, I look to

You had attempted to raise an issue earlier this morning.

I had reminded you of the court's protocol, but this is essentially the end of today's trial session. mind? MR. O'DONNELL: I had an idea to give you a report on What's on your

our expert witness, Tom Tenenbaum, and his scheduling and what we anticipated. We received your order today and called him, and -because last night he left an order that said, I have gotten

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awful busy, and I don't know if I can handle your trial at this end, and I haven't talked to him about that. alert you I have a minor problem there. And I wanted to

And if for some reason

we are not able to have Mr. Tenenbaum show up because of another commitment he has made, which he told me about, we propose to tender two jury instructions, one of which we filed today, and another one on the private placement aspects of his possible testimony we will tender to the court and all counsel. he can't make it, we will try to submit instructions. THE COURT: Very well. Your report is received with In case

the court's appreciation. MR. O'DONNELL: MR. STUCKEY: THE COURT: Thank you, Judge.

Your Honor.

Mr. Stuckey. May I ask as appointed counsel under the

MR. STUCKEY:

Criminal Justice Act I intend to submit today a motion for payment in excess of $500 for Mr. Tenenbaum, and it will come in CJA-21 form. Just so the court knows that will be coming, and

the reason again as Mr. O'Donnell says, I got your order last night, gave it to him this morning. on this. We have just taken action But he says he

But we will still try to talk to him.

bills at $350 an hour.

As an accomplished attorney and an But we will file that and

expert, I suppose that's in range.

see what your Honor's action on that is. THE COURT: Any other business by the government?

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MR. ANGELO: MR. KIRSCH:

Nothing at this time, your Honor. I am sorry, your Honor. I just wanted to

make the court aware of one thing.

We have a witness who is We are going to be Ms. Leget

scheduled to testify, possibly tomorrow. shuffling a little bit. is deaf.

By the name of Dawn Leget.

However, she reads lips and doesn't anticipate having

any problem with being able -- she speaks as well as reading lips. She doesn't need the services of any type of interpreter. I just wanted to make the court and all the parties aware of that. lose the train. If you look away from her she obviously does So I just wanted to make everyone aware that

they need to look at her when speaking, and she still may need to have a few things repeated, but she does very well. THE COURT: Well, and I appreciate your report, and the

heads-up, and it's unreasonably onerous to relocate the podium for just one witness. But we may be able to borrow some space

on the end of the government's table and on the end of the defendant's table to allow counsel to conduct their examination in closer proximity to Ms. Leget, and thereby enhance -- well, we will minimize the distance and enhance the probability of effective communication. So I may be asking, counsel, that you conduct your examination from a position other than the podium. Further business on behalf of Mr. Schmidt? MR. HAMMOND: No, your Honor. Thank you.

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THE COURT:

On behalf of Mr. Weed? Yes, your Honor.

MR. GOODREID:

Your Honor, this has to do with the witness who is currently pending -- or who is currently on the witness stand, Linden Markham. In the course of preparation last night for her cross-examination, I came across a redacted -- let me pull it out here, judge -- it is a redacted set of interview notes the government provided us in the middle of March, and it is my view and my motion, your Honor, that that document should be produced in its unredacted form for two reasons. One, because at least

part, if not all, of the statements should be produced under the Jencks Act, and secondly, that even if the Jencks Act doesn't cover all of it, or doesn't cover even any of it, that the government should produce it to us under the authority of Giglio v. United States. So I don't know how the court wants to

proceed, your Honor. I could, with the assistance of the clerk, provide the court with the redacted copy that we have. THE COURT: Well, let me ask the government if it has a Mr. Angelo. If I can speak from

response to this oral motion. MR. ANGELO: the podium. THE COURT: MR. ANGELO: You may.

We do, your Honor.

Thank you.

Your Honor, the interview that was

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referred to here is a -- essentially a pretrial interview from 2005 conducted by myself and Agent Hahn of the witness preparatory to our trial date that was set, I believe, in September of 2005. As a matter of caution, we provided that. However, we

redacted that, and provided it with a caveat that we didn't feel we were obligated to, but we felt that some of the coconspirator statements that were included in that needed to be disclosed, and did do so. That also has been supplemented, I might add, by a second essentially disclosure as of about April the 2nd, which was our more recent pretrial interview, which again contained what we felt were statements by coconspirators, and we ought to disclose as a matter of good faith. We do not believe, your Honor, that Jencks is implicated here because the witness has not adopted any of these pretrial interviews, nor has the witness been shown any of these pretrial interviews for the purposes of adopting them. Lastly, your Honor, there is an issue that was raised concerning Giglio, and in this particular case, we don't think there is anything that's Giglio. There is a suspicion,

apparently, from the defense standpoint that somehow there may be Giglio material that is contained in redacted portions of what we claim to be our work product. However, there is nothing that we have seen by way of

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Giglio at this point, and particularly the test for materiality, which is required to be applied with respect to Giglio, other than a desire to get into the trial preparation product of the government, and so we object to it. MR. GOODREID: THE COURT: Your Honor, may I respond?

You may, once Mr. Angelo is seated.

Mr. Goodreid. MR. GOODREID: Well, a couple of points, your Honor.

First of all, the Tenth Circuit has said to the extent this is Jencks material, the Tenth Circuit has said that work product is not an exception under Jencks. So if it is properly

Jencks material, work product exception would not apply. With respect to the Giglio issue, without giving away my intended cross-examination, your Honor, simply the case that this witness has spoken with the government on at least three occasions of which we are aware, and it appears that there are material differences in what she said on each occasion. So that would seem to go to her credibility. And it's

quite possible, I think if the court decides to take a look at this statement, that in one example there is just a quotation unattributed to anybody. So we would at least request that the

court take a look at the material and suggest that in fact the redacted material it quite likely some of that may be properly Giglio material. THE COURT: Does the government have objection to the

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court's in camera review of the statement or -- excuse me -- of the interview notes and summaries at issue? MR. ANGELO: The government does not, your Honor.

However, I think the concern that I expressed is that we certainly don't want to start the process of having this as a regular part of our proceedings before the courts in this district. MR. GOODREID: And, your Honor, I would note also for

the record that Mr. Angelo and I did discuss this, and on behalf of Mr. Weed, we are not seeking any sort of general waiver. To

the extent the court decides the material should be disclosed, we are happy to comply with any protective order that the court might impose. in this case. THE COURT: Very well. Thank you, your Honor. We would simply like the materials for this trial

MR. GOODREID: THE COURT:

You are welcome.

Mr. Bornstein. MR. BORNSTEIN: on this subject? THE COURT: You may. Your Honor, during the pretrial Your Honor, may I be heard a little bit

MR. BORNSTEIN:

discovery phase of this case, the government has turned over to the defense reports of interviews by FBI agents, by IRS agents, by securities --

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THE COURT:

Mr. Bornstein, excuse me.

The limited

issue has to do with the notes and interview summaries, and perhaps putative statements of the witness now testifying for the government as fairly included within Mr. Goodreid's motion. Everything else is out of bounds and out of order for now. MR. BORNSTEIN: I just -- the only reason I even

mention that, your Honor, was to show how this particular issue is so out of character with the way this case has been handled by the government that it raises Giglio issues in my mind, and I am the attorney who is going to be cross-examining this witness. And the fact that this is so out of character to the way the government has handled discovery throughout the course of this case makes an issue in my mind that the court needs to look at the unredacted statement, to examine that statement, and to determine if that statement should be turned over for cross-examination. And then I would add that, to expedite matters, strictly following the Jencks Act has not been -- to my knowledge of this court's procedure, to then wait for counsel to have time to read a statement after the witness has finished their direct examination, and that this court has allowed that to be done in a way that doesn't cause delay with the jury sitting in the box while counsel is reading statements. THE COURT: Well, I allow it because the government, in

its munificence, has fashioned that as its standard operating

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procedure.

And what's at issue here is, it sounds to me, like a

relatively small quantity of redacted information, which the court in this case will review in camera. And you will have the

benefit of my in camera review tomorrow morning at 8:15 a.m. But the court, the court is not waiving the Jencks Act, and the court is not operating outside the purview of the Jencks Act. The court has -- the court operates and conducts itself

because the government has been kind enough on a pretrial basis to disclose those statements to defense counsel. court. It's the government. MR. BORNSTEIN: Very well. And my last point would be It's not the

that this issue is going to come up because there are more of these. So it will come up with other witnesses. THE COURT: We will it may. This be will be our test

balloon, if you will, and we will see if there is anything there. Further business on behalf of Mr. Lewis, Mr. Gainor. MR. GAINOR: Thank you, your Honor.

Just for the record, Mr. Lewis would be joining in on the oral motion that has been made by Mr. Goodreid. I would

also like to point out to the court that the interview notes are six pages, and there are numerous redactions. extensive. With regard to the court's most recent conduct, that having the benefit of the court's ruling at 8:15, I have to So it's fairly

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point out I have been scheduled for an 8:00 o'clock hearing in front of Judge Krieger on a Motion to Continue, which has been reset with the idea that we would start at 8:30. So I kind of needed the court's guidance or the court's leeway, if I am still in court at 8:15. I had planned to be

here at 8:30 or 8:25, but I may be a little bit beyond the 8:15 hour. THE COURT: What I will do is I will require the

parties and counsel in this case to be here at 8:15 a.m. or as soon thereafter as counsel may be available. MR. GAINOR: quick as possible. THE COURT: MR. GAINOR: THE COURT: And I know that you will, Mr. Gainor. Thank you, your Honor. Mr. O'Donnell. Thank you, Judge. Mr. Smith joins in We Yes, your Honor. I will make it down as

MR. O'DONNELL:

the motion of Mr. Goodreid.

But we have another matter.

were delivered in discovery a week before trial -- maybe three business days before start of trial. I don't remember exactly.

A large stack of papers, mostly relating to Mr. Weed, and the insurance papers from interviews from people in London that were done by telephone and transcribed. problem with any of that. But in there was a Peter Moss résumé signed off by him. And I had hadn't seen that before, and I was impressed mainly And I didn't have any

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because it's the only thing I know about him now and would like to make it an exhibit. Now, my office is kept about as neat as any lawyer in town. I can't find that. I am going to go back and look again And

tonight, and I think there was one place I haven't looked.

I am going to ask the government to help me find at least their copy, if I can't find mine. last Exhibit 33. relocate it. I am going to designate that as our

Sorry, but I just haven't been able to

Thus, it's this late. I receive that as an additional report on

THE COURT: behalf of Mr. Smith.

MR. O'DONNELL: THE COURT:

Thank you, Judge.

Now, Mr. Angelo and Mr. Kirsch, how can you

most expeditiously provide me with the full and unredacted interview notes of the witness now standing examination? MR. ANGELO: Momentarily, your Honor. Your Honor, we

have a copy of the last communication to defense counsel with the redacted interview in it. We have also provided and prepared a copy of the original FBI 302 report to look to see if in fact there are duplications. We also have an unredacted copy of the report at issue, as well as the last coconspirator statement disclosure, which was prepared on April the 1st. I would apologize to the court. I notice that my

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underlining is on the document.

I hope that's not

objectionable, and I would be delivering those to the courtroom deputy at the conclusion of these proceedings. THE COURT: And will that permit me to conduct in

camera inspection that I have announced? MR. ANGELO: It will, your Honor.

It has a redacted and unredacted copy of the document in question, as well as the previously disclosed statements, which may be duplicated in those redactions but that were already disclosed. THE COURT: basis. Very well. For now we are in recess in our own right Very well. Then we shall proceed on that

as concerns these trial proceedings until tomorrow morning at 8:15 a.m., or as soon thereafter as counsel may be available. We are in recess. (Proceedings adjourned at 1:45 p.m.)

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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 2008. 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

1357 1373

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,

s/Suzanne M. Claar