Free Jury Trial - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 1174

Filed 04/30/2007

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

April 30, 2007 Courtroom Deputy: Ginny Kramer Court Reporter: Suzanne Claar _____________________________________________________________________ Criminal Case No. 04-cr-00103-REB UNITED STATES OF AMERICA, v. 1. 2. 4. 6. NORMAN SCHMIDT, GEORGE ALAN WEED, CHARLES LEWIS, MICHAEL SMITH, Defendants. Thomas Hammond / Peter Bornstein Thomas Goodreid Ronald Gainor Richard Stuckey / Declan O' Donnell Matthew Kirsch Wyatt Angelo

COURTROOM MINUTES - JURY TRIAL - DAY SEVENTEEN

8:35 a.m.

Court in session.

Defendants Charles Lewis, George Alan Weed, and Michael Smith are present in court (on bond). Defendant Norman Schmidt is present in court (in custody). The jury is present. The Government calls witness, Mr. Darren McGee. The witness is sworn. 8:37 a.m. Direct examination of the witness, Mr. Darren McGee, by Mr. Kirsch for the Government.
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The Government offers Government' Exhibit 560. s Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 560 is admitted into evidence. s The Government offers Government' Exhibit 561. s No objections by the Defendants. Government' Exhibit 561 is admitted into evidence. s The Government offers Government' Exhibit 563. s Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 563 is admitted into evidence. s The Government offers Government' Exhibit 564. s Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 564 is admitted into evidence. s The Government offers Government' Exhibit 565. s Objections by Defendant Michael Smith. Defendant Michael Smith' objections are overruled. s Government' Exhibit 565 is admitted into evidence. s The Government offers Government' Exhibit 566. s Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s
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Government' Exhibit 566 is admitted into evidence. s 9:04 a.m. Cross examination of the witness, Mr. Darren McGee, by Mr. Stuckey for Defendant Michael Smith. Cross examination of the witness, Mr. Darren McGee, by Mr. Gainor for Defendant Charles Lewis. Cross examination of the witness, Mr. Darren McGee, by Mr. Hammond for Defendant Norman Schmidt.

9:05 a.m.

9:07 a.m.

The witness is excused and released from subpoena. The Government offers Government' Exhibit 12012. s No objections by the Defendants. Government' Exhibit 12012 is admitted into evidence. s The Government calls witness, Ms. Gina Silletto-Russo. The witness is sworn. 9:23 a.m. Direct examination of the witness Ms. Gina Silletto-Russo, by Mr. Kirsch for the Government.

The Government offers Government' Exhibit 9040. s No objections by the Defendants. Government' Exhibit 9040 is admitted into evidence. s 9:34 a.m. Cross examination of the witness, Ms. Gina Silletto-Russo, by Mr. Stuckey for Defendant Michael Smith. Cross examination of the witness, Ms. Gina Silletto-Russo, by Mr. Hammond for Defendant Norman Schmidt.

9:37 a.m.

The witness is excused and released from subpoena. The Government calls witness, Special Agent Wayne Stockley. The witness is sworn.

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9:40 a.m.

Direct examination of the witness, Special Agent Wayne Stockley, by Mr. Kirsch for the Government.

The Government offers Government' Exhibits 9002 and 9003. s Objections by Defendant Norman Schmidt. 9:54 a.m. The jury is excused.

The Court and counsel discuss Defendant Norman Schmidt' objections to s Government' Exhibits 9002 and 9003. s Defendant Norman Schmidt makes an oral motion for a two day continuance of the trial. Objections by Defendant Michael Smith as to the Government' Exhibits 9002 and s 9003. Defendants, Michael Smith and Charles Lewis, joins Defendant Norman Schmidt' s request for a two day continuance of the trial. Response by Mr. Kirsch for the Government. The Government opposes a two day continuance of the trial. Reply by Mr. Bornstein for Defendant Norman Schmidt. Reply by Mr. Goodreid for Defendant George Weed. Reply by Mr. O' Donnell for Defendant Michael Smith. Response by Mr. Kirsch for the Government. Defendants' objections as to Bate Stamps 0520407 and 0520408 are sustained, other objections are overruled. It was ORDERED: 1. That the Defendants' Oral Motion for a Two Day Continuance of the Trial is denied.

10:40 a.m. 11:00 a.m.

Court in recess. Court in session.

Government' Exhibits 9002 and 9003 are admitted into evidence. s
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Direct examination of the witness, Special Agent Wayne Stockley, resumes. The Government offers Government' Exhibits 9020 through 9032. s Objections by Defendants Norman Schmidt, Charles Lewis, and Michael Smith. Defendants' objections are overruled. Government' Exhibits 9020 through 9032 are admitted into evidence. s The Government offers Government' Exhibit 9050. s Objections by Defendants Norman Schmidt, Charles Lewis, and Michael Smith. Defendants' objections are overruled. Government' Exhibit 9050 is admitted into evidence. s The Government offers Government' Exhibits 9060 through 9070. s Objections by Defendants Norman Schmidt, Charles Lewis, and Michael Smith. Defendants objections are overruled. Government' Exhibits 9060 through 9070 are admitted into evidence. s The Government offers Government' Exhibit 9080. s Objections by Defendants Norman Schmidt, Charles Lewis, and Michael Smith. Defendants' objections are overruled. Government' Exhibit 9080 is admitted into evidence. s The Government offers Government' Exhibits 9090 and 9091. s Objections by Defendants Norman Schmidt, Charles Lewis, and Michael Smith. Defendants' objections are overruled. Government' Exhibits 9090 and 9091 are admitted into evidence. s The Government offers Government' Exhibits 9100 and 9101. s
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Objections by Defendants Norman Schmidt, Charles Lewis, and Michael Smith. Defendants' objections are overruled. Government' Exhibits 9100 and 9101 are admitted into evidence. s The Government offers Government' Exhibit 9110. s Objections by Defendants Norman Schmidt, Charles Lewis, and Michael Smith. Defendants' objections are overruled. Government' Exhibit 9110 is admitted into evidence. s The Government offers Government' Exhibits 9120 and 9121. s Objections by Defendants Norman Schmidt, Charles Lewis, and Michael Smith. Defendants' objections are overruled. Government' Exhibits 9120 and 9121 are admitted into evidence. s The Government offers Government' Exhibit 9130. s Objections by Defendants Norman Schmidt, Charles Lewis, and Michael Smith. Defendants' objections are overruled. Government' Exhibit 9130 is admitted into evidence. s The Government offers Government' Exhibits 9140, 9141, and 9142. s Objections by Defendants Norman Schmidt, Charles Lewis, and Michael Smith. Defendants' objections are overruled. Government' Exhibits 9140, 9141, and 9142 are admitted into evidence. s The Government offers Government' Exhibits 9150 and 9160. s Objections by Defendants Norman Schmidt, Charles Lewis, and Michael Smith. Defendants' objections are overruled.
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Government' Exhibits 9150 and 9160 are admitted into evidence. s The Government offers Government' Exhibit 9180. s Objections by Defendants Norman Schmidt, Charles Lewis, and Michael Smith. Defendants' objections are overruled. Government' Exhibit 9180 is admitted into evidence. s The Government offers Government' Exhibits 9190 through 9215, and 9217 through s 9276. 11:50 a.m. 1:20 p.m. Court in recess and shall reconvene at 1:15 p.m. Court in session.

The Government offers Government' Exhibits 9190 through 9203, 9205, 9210, 9211, s 9213, 9214, 9217, 9220, 9222, 9227, through 9229, 9233, 9236, 9238, 9240, 9241, 9243, 9244, 9248, 9251, 9255, 9256, 9258, 9259, 9264, 9265, 9267, 9268, 9272 and 9273. Objections by Defendants Norman Schmidt, Charles Lewis, and Michael Smith. Defendants' objections are overruled. Government' Exhibits 9190 through 9203, 9205, 9210, 9211, 9213, 9214, 9217, s 9220, 9222, 9227, through 9229, 9233, 9236, 9238, 9240, 9241, 9243, 9244, 9248, 9251, 9255, 9256, 9258, 9259, 9264, 9265, 9267, 9268, 9272 and 9273 are admitted into evidence. The Government offers Government' Exhibits 9300, 9301, 9310, and 9311. s Objections by Defendants Norman Schmidt, Charles Lewis, and Michael Smith. Defendants' objections are overruled. Government' Exhibits 9300, 9301, 9310, and 9311 are admitted into evidence. s The Government offers Government' Exhibit 9320. s Objections by Defendants Norman Schmidt, Charles Lewis, and Michael Smith. Defendants' objections are overruled.
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Government' Exhibit 9320 is admitted into evidence. s The Government offers Government' Exhibits 9330, 9331, 9332, and 9333 through s 9356. Objections by Defendants Norman Schmidt, Charles Lewis, and Michael Smith. Defendants' objections are overruled. Government' Exhibits 9330, 9331, 9332, and 9333 through 9356 are admitted into s evidence. The Government offers Government' Exhibit 9401. s Objections by Defendants Norman Schmidt, Charles Lewis, and Michael Smith. Defendants' objections are overruled. Government' Exhibit 9401 is admitted into evidence. s The Government offers Government' Exhibit 12000. s Objections by Defendant Norman Schmidt. Defendant Norman Schmidt' objections are overruled. s Government' Exhibit 12000, pages 1 through 18, is admitted into evidence. s The Government offers Government' Exhibits 9500B, 9501B, 9502B, 9503B, 9504B, s 9505B, 9506B, 9507B, 9508B, 9509B, 9510B, 9511B, 9512B, 9513B, and 9514B. Objections by Defendants Norman Schmidt, Charles Lewis, and Michael Smith. Defendants' objections are overruled. Government' Exhibits 9500B, 9501B, 9502B, 9503B, 9504B, 9505B, 9506B, s 9507B, 9508B, 9509B, 9510B, 9511B, 9512B, 9513B, and 9514B are admitted into evidence. The Government requests to publish Government' Exhibits 9500A as a demonstrative s aid for the jury. Objections by Defendants Norman Schmidt and Charles Lewis as to Government' s
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Exhibit 9500A be shown to the jury as a demonstrative aid. 2:32 p.m. The jury is excused.

The Court and counsel discuss Government' Exhibits 9500A. s Statement to the Court by Mr. Kirsch for the Government. Response by Mr. Bornstein for Defendant Norman Schmidt. Reply by Mr. Kirsch for the Government. Defendants' objection as to Government' Exhibit 9500A as a demonstrative aid are s sustained. The Government requests a recess for the remainder of the day in order to reconstitute the information in the charts of Exhibits 9500A through 9514A. Discussion as to Government' Exhibits 9501A through 9514A. s Witness, Special Agent Wayne Stockley, is excused and shall report on Tuesday, May 1, 2007, at 8:30 a.m. 3:20 p.m. 3:33 p.m. Court in recess. Court in session.

The Government calls witness, Mr. Cliff Seigneur. The witness is sworn. 3:34 p.m. Direct examination of the witness, Mr. Cliff Seigneur, by Mr. Angelo for the Government.

The Government offers Government' Exhibit 590. s No objections by the Defendants. Government' Exhibit 590 is admitted into evidence. s The Government offers Government' Exhibit 591. s No objections by the Defendants. Government' Exhibit 591 is admitted into evidence. s
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The Government offers Government' Exhibit 592. s No objections by the Defendants. Government' Exhibit 592 is admitted into evidence. s The Government offers Government' Exhibit 593. s No objections by the Defendants. Government' Exhibit 593 is admitted into evidence. s The Government offers Government' Exhibit 594. s No objections by the Defendants. Government' Exhibit 594 is admitted into evidence. s The Government offers Government' Exhibit 595. s Objections by Defendant Norman Schmidt. Defendant Norman Schmidt' objections are overruled. s Government' Exhibit 595 is admitted into evidence. s 4:17 p.m. Cross examination of the witness, Mr. Cliff Seigneur, by Mr. Hammond for Defendant Norman Schmidt. Redirect examination of the witness, Mr. Cliff Seigneur, by Mr. Angelo.

4:34 p.m.

The witness is excused and released from subpoena. 4:40 p.m. Court in recess and shall reconvene on Tuesday, May 1, 2007, at 8:30 a.m.

Counsel shall reconvene on Tuesday, May 1, 2007, at 8:15 am. Total in court time: 6 hours and 2 minutes - trial continued

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