Free Response - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 1032

Filed 03/01/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT F0R THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00103-REB UNITED STATES OF AMERICA, Plaintiff, v. 2. GEORGE ALAN WEED Defendant. ________________________________________________________________________ DEFENDANT WEED'S POSITION ON GOVERNMENT'S PROPOSED JURY INSTRUCTIONS ________________________________________________________________________ Defendant George Alan Weed, through counsel, states his position on the Government's proposed Jury Instructions as follows. 1. Weed stipulates to the Government's tendered Instructions, except those numbered 4, 12, 23, and 28, as well as to the proposed verdict forms. 2. With respect #'s 4, 12, and 28, Weed moves to adopt, and to join the arguments regarding, the alternative instructions put forward by Defendant Smith. 3. Weed also moves to join Smith's proffer of alternative Instruction #23, but based on a slightly different rationale. Weed respectfully suggests, based on United States v. Manriquez Arbizo 833 F.2d 244, 248 -249 (10th Cir. 1987), that the inclusion or exclusion of the reckless indifference portion of the instruction be determined at the close of the evidence when it will be known whether this doctrine has any potential applicability to this case.

Case 1:04-cr-00103-REB

Document 1032

Filed 03/01/2007

Page 2 of 3

4. Weed also seeks to join Smith's submission of Instruction #22A. There does not appear to be any redundancy or contradiction between this Instruction and the Government's proposed Instruction #22. Indeed, the latter Instruction appears fairly balanced and further explanatory of the former. Weed therefore contends that both should be included in the final Instructions. 5. Finally, Weed wishes to reserve the right to supplement, modify, or expand the number of the Instructions at the close of evidence so that the Instructions fairly conform to same. Dated this 1st day of March, 2007. Respectfully submitted,

s/Thomas E. Goodreid Thomas E. Goodreid 1801 Broadway, Suite 1100 Denver, CO 80202 Telephone: (303) 292-0110 Fax: (303) 292-0522 E-Mail: [email protected] Attorney for Defendant George Alan Weed

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Case 1:04-cr-00103-REB

Document 1032

Filed 03/01/2007

Page 3 of 3

CERTIFICATE OF SERVICE I certify that on 1 March 2007, I electronically filed the foregoing DEFENDANT WEED'S POSITION ON GOVERNMENT'SPROPOSED JURY INSTRUCTIONS with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses: [email protected] (Thomas J. Hammond) [email protected] (Richard Stuckey) [email protected] (Daniel T. Smith) [email protected] (Declan Joseph O'Donnell) [email protected] Mitchell Baker [email protected] (Peter R. Bornstein) [email protected] (Ronald Gainor) [email protected] (Mathew T. Kirsch) [email protected] (Wyatt B. Angelo) [email protected] Richard Kornfeld

s/Thomas E. Goodreid Thomas E. Goodreid 1801 Broadway, Suite 1100 Denver, CO 80202 Telephone: (303) 292-0110 Fax: (303) 292-0522 E-Mail: [email protected] Attorney for Defendant George Alan Weed

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