Free Jury Trial - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 1145

Filed 04/19/2007

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

April 19, 2007 Courtroom Deputy: Ginny Kramer Court Reporter: Suzanne Claar _____________________________________________________________________ Criminal Case No. 04-cr-00103-REB UNITED STATES OF AMERICA, Matthew Kirsch Wyatt Angelo

v. 1. 2. 4. 6. NORMAN SCHMIDT, GEORGE ALAN WEED, CHARLES LEWIS, MICHAEL SMITH, Defendants. Thomas Hammond / Peter Bornstein Thomas Goodreid Ronald Gainor Richard Stuckey / Declan O' Donnell

COURTROOM MINUTES - JURY TRIAL - DAY TWELVE

8:20 a.m. Court in session. Defendants Charles Lewis, George Alan Weed, and Michael Smith are present in court (on bond). Defendant Norman Schmidt is present in court (in custody). The jury is not present. The Court and counsel discuss the Government' admission of Exhibits 12030 and s 12031. Objections by Defendant Charles Lewis.

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Response by Mr. Gainor for Defendant Charles Lewis. Objections by Defendant Norman Schmidt. Response by Mr. Hammond for Defendant Norman Schmidt. Reply by Mr. Kirsch for the Government. Defendants Norman Schmidt and Charles Lewis' objections to Government' Exhibit s s 12030 and 12031 are overruled. Government' Exhibits 12030 and 12031 will be admitted into evidence as redacted. s Limiting Instruction Number 1 will be given to the jury. 8:35 a.m. 8:44 a.m. Court in recess. Court in session.

The jury is present. 8:44 a.m. Cross examination of the witness, Mr. Gregory Hector, by Mr. Gainor for Defendant Charles Lewis resumes. Cross examination of the witness, Mr. Gregory Hector, by Mr. Hammond for Defendant Norman Schmidt.

9:00 a.m.

Defendant Norman Schmidt offers Government' Exhibit 263. s No objections by the parties. Government' Exhibit 263 is admitted into evidence. s 9:40 a.m. Redirect examination of the witness, Mr. Gregory Hector, by Mr. Angelo.

The witness is excused and released from subpoena. The Government offers Government' Exhibits 12030 and 12031. s Limited instruction given to the jury. Government' Exhibits 12030 and 12031 are admitted into evidence. s 9:55 a.m. 10:15 a.m Court in recess. Court in session.
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The Government calls witness, Ms. Susan Viek. The witness is sworn. 10:17 a.m Direct examination of the witness, Ms. Susan Veik, by Mr. Angelo for the Government.

The Government offers Government' Exhibit 272. s No objections by the Defendants. Government' Exhibit 272 is admitted into evidence. s The Government offers Government' Exhibit 273. s No objections by the Defendants. Government' Exhibit 273 is admitted into evidence. s The Government offers Government' Exhibit 227. s No objections by the Defendants. Government' Exhibit 227 is admitted into evidence. s The Government offers Government' Exhibit 223. s No objections by the Defendants. Government' Exhibit 223 is admitted into evidence. s The Government offers Government' Exhibit 401. s No objections by the Defendants. Government' Exhibit 401 is admitted into evidence. s The Government offers Government' Exhibit 410. s Objections by Defendant Charles Lewis as to pages 5 through 7. Defendant Charles Lewis' objections are overruled. s

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Government' Exhibit 410 is admitted into evidence. s The Government offers Government' Exhibit 1003. s Voir dire by Mr. Hammond for Defendant Norman Schmidt. Objections by Defendants Norman Schmidt and Charles Lewis. Defendants' Norman Schmidt and Charles Lewis objections are overruled. Government' Exhibit 1003 is admitted into evidence. s The Government offers Government' Exhibit 1021. s No objections by the Defendants. Government' Exhibit 1021 is admitted into evidence. s The Government offers Government' Exhibit 1040. s Objections by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 1040 is admitted into evidence. s The Government offers Government' Exhibit 5002. s No objections by the Defendants. Government' Exhibit 5002 is admitted into evidence. s The Government offers Government' Exhibit 1035. s Voir dire by Mr. Hammond for Defendant Norman Schmidt. Objection by Defendant Norman Schmidt. The witness is excused and released from subpoena. 11:51 a.m. 1:00 p.m Court in recess and shall reconvene at 1:00 p.m. Court in session.

The jury is not present.
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Discussion as to Government' Exhibit 1035. s Defendant Norman Schmidt withdraws his objections. Government' Exhibit 1035 is admitted into evidence. s 1:05 p.m. The jury is present.

Direct examination of the witness, Ms. Susan Veik, by Mr. Angelo resumes. The Government offers Government' Exhibit 1009. s No objections by the Defendants. Government' Exhibit 1009 is admitted into evidence. s The Government offers Government' Exhibit 1007. s Voir dire by Mr. Hammond for Defendant Norman Schmidt. No objections by the Defendants. Government' Exhibit 1007 is admitted into evidence. s The Government offers Government' Exhibit 1008. s No objections by the Defendants. Government' Exhibit 1008 is admitted into evidence. s The Government offers Government' Exhibit 1033. s No objections by the Defendants. Government' Exhibit 1033 is admitted into evidence. s The Government offers Government' Exhibit 1036. s Objection by Defendant Norman Schmidt as to page 2 of Government' Exhibit 1036. s Defendant Norman Schmidt' objection to page 2 of Government' Exhibit 1036 is s s overruled. Objection by Defendant Charles Lewis.
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Defendant Charles Lewis' objection is overruled. s Government' Exhibit 1036 is admitted into evidence. s The Government offers Government' Exhibit 1037. s No objections by the Defendants. Government' Exhibit 1037 is admitted into evidence. s The Government offers Government' Exhibit 1038. s No objections by the Defendants. Government' Exhibit 1038 is admitted into evidence. s The Government offers Government' Exhibit 5020. s No objections by the Defendants. Government' Exhibit 5020 is admitted into evidence. s The Government offers Government' Exhibit 1013. s Objection by Defendant Norman Schmidt. 2:22 p.m. The jury is dismissed.

The Court and counsel discuss Defendant Norman Schmidt' objection to s Government' Exhibit 1013. s Defendants Charles Lewis and Michael Smith joins Defendant Norman Schmidt' s objection to Government' Exhibit 1013. s Response by the Government. The Defendants' objections under 801(d)(2) are sustained. The Defendants' objection under 801 (d)(2)(D) are overruled. Government' Exhibit 1013 is admitted into evidence. s 2:31 p.m. 2:47 p.m. Court in recess. Court in session.
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The jury is present. 2:48 p.m. Direct examination of the witness, Ms. Susan Veik, by Mr. Angelo resumes.

The Government offers Government' Exhibit 1014. s Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 1014 is admitted into evidence. s Bench Conference: Mr. Hammond for Defendant Norman Schmidt makes an oral motion for a mistrial. It was Ordered: 1. Defendant Norman Schmidt' Oral Motion of a Mistrial is DENIED. s

The Government offers Government' Exhibit 1011. s Objections by Defendants Norman Schmidt and Charles Lewis. Defendants' objections are overruled. Government' Exhibit 1011 is admitted into evidence. s The Government offers Government' Exhibit 1012. s Objection by Defendant Norman Schmidt. Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 1012 is admitted into evidence. s The Government offers Government' Exhibit 1010. s Voir dire by Mr. Hammond for Defendant Norman Schmidt. Objection by Defendant Norman Schmidt.
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Case 1:04-cr-00103-REB

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Defendant Norman Schmidt' objection is overruled. s Government' Exhibit 1010 is admitted into evidence. s The Government offers Government' Exhibit 1043. s No objections by the Defendants. Government' Exhibit 1043 is admitted into evidence. s 3:33 p.m Cross examination of the witness, Ms. Susan Veik, by Mr. Stuckey for Defendant Michael Smith. Cross examination of the witness, Ms. Susan Veik, by Mr. Gainor for Defendant Charles Lewis.

4:18 p.m.

4:45 p.m.

Court in recess and shall reconvene on Monday, April 23, 2007, at 8:30 a.m.

Total in court time: 6 hours and 36 minutes - Trial continued

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