Free Jury Trial - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA CRIMINAL TRIAL MINUTES Phoenix Division 2: 04 CR 1088 - PHX- JAT Year Case No. Dft # HON: USA v. DATE: 7/12/2005 Judge # 7025

JAMES A. TEILBORG, United States District Court Morris Last Name Present Calvin First Name X Custody Frank Middle Initial

DEFENDANT: X Deputy Clerk: U.S. Atty:

Teddy Bengtson

Crt Reporter: David German

Dft Atty: Jerry M. Hernandez and Rachelle Ferraro FPD X apptd retd Interpreter: N/A Language: =============================================================================== PROCEEDINGS: Jury Trial - Day 4 8:35 a.m. Court reconvenes with counsel, defendant and jury present. Government's case continues: Pamela Maratea is sworn and testifies. Exhibits 17 and 66 are admitted into evidence. The witness is excused. Aaron Minor is sworn and testifies. The witness identifies the defendant. The witness is excused. Ruben Garcia, previously sworn, testifies further. Exhibit 28 is admitted into evidence. 10:10 a.m. Jury at recess. Court remains in session. Supplemental jury instructions discussed. 10:12 a.m. Recess. 10:35 a.m. Reconvene with counsel, defendant and jury present. Ruben Garcia testifies further. Exhibit 8 is admitted into evidence. Stipulation of fact as to common-law wife of defendant stated on the record. The following exhibits are admitted into evidence: 65, 31, 29, 64, 30, 59 and 6. 11:58 a.m. Jury at recess. Court remains in session. Jury instructions briefly discussed. 12:00 noon. Recess. 1:05 p.m. Reconvene with counsel, defendant and jury present. Ruben Garcia testifies further. Exhibits 63 is admitted into evidence. The witness is excused. Government rests. 1:32 p.m. Jury at recess. Court remains in session. Trial procedure discussed. 1:35 p.m. Recess. 1:45 p.m. Reconvene with counsel, defendant and jury present. Defendant's case. Opening statement by defendant. Calvin Frank Morris is sworn and testifies. The witness is excused. Defendant rests. 3:05 p.m. Jury at recess. Court remains in session. Government re-urged Government's request for 404B evidence [22] is argued to the Court. Over objection of defendant, IT IS ORDERED granting Government's request re: 404B evidence. 3:10 p.m. Recess.

David A. Pimsner

3:25 p.m. 3:26 p.m.

At sidebar. Court and counsel discuss legal issues. Reconvene with counsel, defendant and jury present. Government's rebuttal: The Court reads limiting instruction to the jury. Case 2:04-cr-01088-JAT Document 81 Filed 07/12/2005 Page 1 of 2

3:45 p.m. 3:46 p.m. 3:50 p.m. 4:05 p.m. 4:10 p.m.

Daniel J. Ticali is sworn and testifies. The witness identifies the defendant. Stipulation re: amount and type of drug seized (cocaine) is read to the jury. The witness is excused. At sidebar. Court and counsel discuss trial schedule. Jury advised of trial schedule. Jury at recess until 12:45 p.m., 7/13/05. Recess. Reconvene with counsel present. Defendant's presence waived. Jury instructions settled and verdicts prepared. Court at recess until 12:45 p.m. 7/13/05.

Time in Court: 4

hrs 45

mins

Case 2:04-cr-01088-JAT

Document 81

Filed 07/12/2005

Page 2 of 2