Free Jury Trial - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 1131

Filed 04/17/2007

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

April 17, 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 TEN

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, Ms. Paetra Donegan. The witness is sworn. 8:38 a.m. Direct examination of the witness, Ms. Paetra Donegan, by Mr. Kirsch for
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Case 1:04-cr-00103-REB

Document 1131

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the Government. The Government offers Government' Exhibit 270. s Voir dire by Mr. Gainor, for Defendant Charles Lewis. Objection by Defendant Michael Smith. Defendant Michael Smith' objection is overruled. s Government' Exhibit 270 is admitted into evidence. s The Government offers Government' Exhibit 271. s Objection by Defendant Charles Lewis. Defendant Charles Lewis' objection is sustained. s The Government re-offers Government' Exhibit 271. s Objection by Defendant Charles Lewis. Defendant Charles Lewis' objection is sustained. s The Government re-offers Government' Exhibit 271. s Objection by Defendant Charles Lewis. Defendant Charles Lewis' objection is overruled. s Government' Exhibit 271 is admitted into evidence. s 9:07 a.m. Cross examination of the witness, Ms. Paetra Donegan, by Mr. Stuckey for Defendant Michael Smith. Cross examination of the witness, Ms. Paetra Donegan, by Mr. Gainor for Defendant.

9:12 a.m.

The witness is excused and released from subpoena. The Government calls witness, Mr. Ben Ortize. The witness is sworn.

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9:18 a.m.

Direct examination of the witness, Mr. Ben Ortize, by Mr. Kirsch for the Government.

The Government offers Government' Exhibit 360. s No objections by the Defendants. Government' Exhibit 360 is admitted into evidence. s The Government offers Government' Exhibit 361. s No objections by the Defendants. Government' Exhibit 361 is admitted into evidence. s The Government offers Government' Exhibit 362. s No objections by the Defendants. Government' Exhibit 362 is admitted into evidence. s The Government offers Government' Exhibit 364. s Voir dire by Mr. Gainor, for Defendant Charles Lewis. Objections by Defendants Charles Lewis and Michael Smith. Defendants Charles Lewis and Michael Smith are overruled. Government' Exhibit 364 is admitted into evidence. s The Government offers Government' Exhibit 365. s No objections by the Defendants. Government' Exhibit 365 is admitted into evidence. s The Government offers Government' Exhibit 363. s No objections by the Defendants. Government' Exhibit 363 is admitted into evidence. s 9:55 a.m. Cross examination of the witness, Mr. Ben Ortize, by Mr. Stuckey for
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Defendant Michael Smith. 10:00 a.m. Cross examination of the witness, Mr. Ben Ortize, by Mr. Gainor for Defendant Charles Lewis. Cross examination of the witness, Mr. Ben Ortize, by Mr. Hammond for Defendant Norman Schmidt. Redirect examination of the witness, Mr. Ben Ortize.

10:06 a.m.

10:11 a.m.

The witness is excused and released from subpoena. 10:15 a.m. 10:33 a.m. Court in recess. Court in session.

The Government calls witness, Mr. Cory Kirkham. The witness is sworn. 10:35 a.m. Direct examination of the witness, Mr. Cory Kirkham by Mr. Kirsch for the Government.

The Government offers Government' Exhibit 350. s Voir dire by Mr. Stuckey, for Defendant Michael Smith. Objections by Defendants Norman Schmidt, Charles Lewis, and Michael Smith. Defendants' objections are overruled. Government' Exhibit 350 is admitted into evidence. s The Government offers Government' Exhibit 351. s No objections by the Defendants. Government' Exhibit 351 is admitted into evidence. s The Government offers Government' Exhibit 352. s Objections by Defendants Norman Schmidt and Michael Smith. Defendants' objections are overruled.

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Government' Exhibit 352 is admitted into evidence. s The Government offers Government' Exhibit 354. s Objections by Defendants Norman Schmidt, Charles Lewis, and Michael Smith. Defendants' objections are sustained. Government' Exhibit 354 is not admitted. s 11:17 a.m. Cross examination of the witness, Mr. Cory Kirkham, by Mr. Gainor for Defendant Charles Lewis. Cross examination of the witness, Mr. Cory Kirkham, by Mr. Hammond for Defendant Norman Schmidt.

11:19 a.m.

The witness is excused and released from subpoena. The Government calls witness, Mr. George Beros. The witness is sworn. 11:23 a.m. Direct examination of the witness, Mr. George Beros, by Mr. Kirsch for the Government.

12:00 noon Court in recess and shall reconvene at 1:00 p.m. 1:03 p.m. Court in session. Direct examination of the witness, Mr. George Beros, resumes. The Government offers Government' Exhibit 12009. s Voir dire by Mr. Bornstein, for Defendant Norman Schmidt. No objections by the Defendants. Government' Exhibit 12009 is admitted into evidence. s The Government offers Government' Exhibit 6000, page 1. s No objections by the Defendants. Government' Exhibit 6000, page 1 only, is admitted into evidence. s

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The Government offers Government' Exhibit 6001. s No objections by the Defendants. Government' Exhibit 6001 is admitted into evidence. s The Government offers Government' Exhibit 3011. s No objections by the Defendants. Government' Exhibit 3011 is admitted into evidence. s The record shall reflect that the witness identified the defendants Norman Schmidt, George Weed, Charles Lewis, and Michael Smith. 2:13 p.m. Cross examination of the witness, Mr. George Beros, by Mr. Bornstein for Defendant Norman Schmidt. Court in recess. Court in recess.

3:00 p.m. 3:22 p.m

Cross examination of the witness, Mr. George Beros, by Mr. Bornstein resumes. 3:49 p.m. Cross examination of the witness, Mr. George Beros, by Mr. Goodreid for Defendant George Weed. Cross examination of the witness, Mr. George Beros, by Gainor, for Defendant Charles Lewis. Cross examination of the witness, Mr. George Beros, by Mr. O' Donnell for Defendant Michael Smith. Redirect examination of the witness, Mr. George Beros.

3:53 p.m.

4:04 p.m

4:37 p.m.

The witness is excused and released from subpoena. 4:50 p.m. Court in recess and shall reconvene on Wednesday, April 18, 2007, at 8:30 a.m. 6 hours and 36 minutes - Trial continued

Total in court time:

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