Free Jury Trial - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CRIMINAL TRIAL MINUTES CR-03-1098-001-PHX-EHC Case Number HON: USA v. EARL H. CARROLL DATE: 4/12/06 Judge #7014/EHC

WILCHER, JEANETTE B. Last/First Name/Middle Initial Not Present X Released Custody Writ

DEFENDANT: X Present Deputy Clerk:

ROBERTA HIGHTOWER

Crt Rep/ECR: CANDY POTTER Dft Atty:DEBORAH EULER-AJAYI, AFPD

U.S. Atty: STEPHEN LARAMORE & JOHN LOPEZ

Dft not appearing, on mot of US Atty, order bond revoked/forfeited and B/W issued.

================================================================================ PROCEEDINGS: X /JURY TRIAL Trial Day # 5 / /COURT TRIAL / /VOIR DIRE / /JURY SWORN

Waiver of Jury trial filed

08:56 The Court convenes with counsel and the defendant, out of the presence of the jury. The Defendant's Fourth Motion to Preclude, or in the Alternative, to Redepose Connie Gillaspie is argued and DENIED. Defendant orally motions for a mistrial. The motion is argued and DENIED for reasons more fully stated on the record. Recess taken. 09:12 Court reconvenes with the jury, trial resumes. John Kennedy Graham is sworn and examined. Exhibit 42 moved, objection raised and overruled subject to any specific objections with respect to any of the items in Exhibit 42. Exhibit 41 and 34 are admitted. 09:40 Jury recessed briefly to address technical problem. 09:46 The jury returns to the courtroom. Video deposition of Connie Gillaspie is played. 10:43 Recess taken. 11:00 The Court reconvenes with counsel and the defendant, out of the presence of the jury. The Government provides a limiting instruction with respect to Bates stamps, defense objects to wording, argument heard. Defense orally motions for mistrial, argument heard. IT IS FURTHER ORDERED denying the motion for mistrial for reasons more fully stated on the record. 11:12 The jury returns to the courtroom and the trial resumes. William Green is sworn and examined. By stipulation the following exhibits are admitted: 44,45,46(a-d), 49 and 50. 11:47 Recess taken. 01:16 Court reconvenes, trial resumes with William Green returning to the stand, cross examination commences. Shari Macallister is sworn and examined. Exhibit 47 admitted. 01:28 Government rests. The jury is excused briefly. Copies of a juror note are provided to counsel. Defendant's oral motion for judgment of acquittal as to Count 1, wire fraud, and based on that, the other counts would fall as well. Argument presented. IT IS FURTHER ORDERED denying the motion for reasons stated on the record. Discussion held with respect to the schedule for the remainder of the day. There being no objection, the jury will be excused until 9AM tomorrow. Case 2:03-cr-01098-EHC Document 217 Filed 04/12/2006 Page 1 of 2

01:41 Jury returns to the courtroom and defense rests. The Court admonishes the jury and excuses them until 9AM, Thursday, 4/13/06. The Court and counsel remain in the courtroom, the parties are directed to return at 2:30 for further review of jury instructions. 02:31 Court reconvenes with counsel and the defendant. Objections are placed on the record with respect to jury instructions. Counsel is directed to meet with the court at 8:15 a.m. on Thursday, 4/13/06. Forfeiture issue discussed. 03:31 Court stands in recess.

Case continued to: 9AM, Thursday, 4/13/06

for further trial. CrTrl #7 1/1/94

Case 2:03-cr-01098-EHC

Document 217

Filed 04/12/2006

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