Free Jury Trial Completed - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA - PHOENIX CRIMINAL MINUTES TRIAL

03 Year

/ 344 / Case No.

1 PHX - MHM Dft #

DATE:

9/8/05

HONORABLE: MARY H. MURGUIA USA V. Poseley, Last Name DEFENDANT: X Present Deputy Clerk: Kristen Bethel Dennis First Name Not Present X Released

Judge #: 7027 O. Middle Initial Custody Writ

Court Reporter/ECR: Merilyn Sanchez

U.S. Atty: Mark Odulio Dft Attys: Stephen Kunkle (cja) for dft Dennis Poseley; dft present Alex Gonzalez (cja) for dft Patricia Ensign; dft present Rena Glitsos (cja) for dft David Trepas; dft present Richard Juarez (cja) for dft Rachel McElhinney; dft present Gregory Parzych (cja)for dft Keith Priest; dft present PROCEEDINGS: / X /JURY TRIAL / Trial Day # 32 /BENCH TRIAL / /VOIR DIRE / /JURY SWORN n/a

Waiver of Jury trial filed

9:00 a.m. Jury in jury room to continue deliberations. 11:45 a.m. Jury taking lunch break. 12:42 a.m. Court reconvenes with counsel, and defendants present. The Court advises counsel and the defendants that it has received two notes from the jury. 12:51 p.m. Jury is now present. Verdicts read as follows: "We, the Jury, find the defendant Dennis O. Poseley: Guilty as charged in Count 1 of the Indictment of Conspiracy to Defraud the United States Government in Violation of 18 U.S.C. §371; Guilty as charged in Count 2 of the Indictment of Willful Failure to File an Individual Income Tax Return for the calendar year 1997 in violation of 26 U.S.C. §7203; Guilty as charged in Count 3 of the Indictment of Willful Failure to File an Individual Income Tax Return for the calendar year 1998 in Violation of 26 U.S.C. §7203; Guilty as charged in Count 4 of the Indictment of Willful Fialure to File an Individual Income Tax Return for the calendar year 1999 in Violation of 26 U.S.C. §7203; Guilty as charged in Count 5 of the Indictment of Willful Failure to File an Individual Income Tax Return for the calendar year 2000 in Violation of 26 U.S.C. §7203; Guilty as charged in Count 6 of the Indictment of Willful Failure to File an Individual Income Tax Return for the calendar year 2001 in Violation of 26 U.S.C. §7203." "We, the Jury, find the defendant David W. Trepas: Guilty as charged in Count 1 of the Indictment of Conspiracy to Defraud the United States Government in Violation of 18 U.S.C. §371; Guilty as charged in Count 16 of the Indictment of Willful Failure to File an Individual Income Tax Return for the calendar year 1998 in violation of 26 U.S.C. §7203; Guilty as charged in Count 17 of the Indictment of Willful Failure to File an Individual Income Tax Return for the calendar year 1999 in Violation of 26 U.S.C. §7203; Guilty as charged in Count 18 of the Case 2:03-cr-00344-MHM Document 676 Filed 09/08/2005 Page 1 of 3

Indictment of Willful Failure to File an Individual Income Tax Return for the calendar year 2000 in Violation of 26 U.S.C. PAGE TWO September 8, 2005 CR 03-344-PHX-MHM

§7203; Guilty as charged in Count 19 of the Indictment of Willful Failure to File an Individual Income Tax Return for the calendar year 2001 in Violation of 26 U.S.C. §7203." "We, the Jury, find the defendant Patricia Ann Ensign: Not guilty as charged in Count 1 of the Indictment of Conspiracy to Defraud the United States Government in Violation of 18 U.S.C. §371; Not guilty as charged in Count 7 of the Indictment of Willful Failure to File an Individual Income Tax Return for the calendar year 1997 in Violation of 26 U.S.C. §7203; Not guilty as charged in Count 8 of the Indictment of Willful Failure to File an Individual Income Tax Return for the calendar year 1998 in Violation of 26 U.S.C. §7203; Not guilty as charged in Count 9 of the Indictment of Willful Failure to File an Individual Income Tax Return for the calendar year 1999 in Violation of 26 U.S.C. §7203; Guilty as charged in Count 10 of the Indictment of Willful Failure to File an Individual Income Tax Return for the calendar year 2000 in Violation of 26 U.S.C. §7203; Guilty as charged in Count 11 of the Indictment of Willful Failure to File an Individual Income Tax Return for the calendar year 2001 in Violation of 26 U.S.C. §7203." "We, the Jury, find the defendant Keith D. Priest: Not guilty as charged in Count 1 of the Indictment of Conspiracy to Defraud the United States Government in Violation of 18 U.S.C. §371; Not guilty as charged in Count 24 of the Indictment of Willful Failure to File an Individual Income Tax Return for the calendar year 1998 in Violation of 26 U.S.C. §7203; Not guilty as charged in Count 25 of the Indictment of Willful Failure to File an Individual Income Tax Return for the calendar year 1999 in Violation of 26 U.S.C. §7203; Guilty as charged in Count 26 of the Indictment of Willful Failure to File an Individual Income Tax Return for the calendar year 2000 in Violation of 26 U.S.C. §7203; Guilty as charged in Count 27 of the Indictment of Willful Failure to File an Individual Income Tax Return for the calendar year 2001 in Violation of 26 U.S.C. §7203." "We, the Jury, find the defendant Rachel McElhinney: Hung - no verdict reached as charged in Count 1 of the Indictment of Conspiracy to Defraud the United States Government in Violation of 18 U.S.C. §371; Guilty as charged in Count 20 of the Indictment of Willful Failure to File an Individual Income Tax Return for the calendar year 1998 in Violation of 26 U.S.C. §7203; Guilty as charged in Count 21 of the Indictment of Willful Failure to File an Individual Income Tax Return for the calendar year 1999 in Violation of 26 U.S.C. §7203; Guilty as charged in Count 22 of the Indictment of Willful Failure to File an Individual Income Tax Return for the calendar year 2000 in Violation of 26 U.S.C. §7203; Guilty as charged in Count 23 of the Indictment of Willful Failure to File an Individual Income Tax Return for the calendar year 2001 in Violation of 26 U.S.C. §7203." As to Rachel McElhinney, THE COURT FINDS that the jury is deadlocked and declares a mistrial as to Count 1. IT IS ORDERED setting Sentencing as to all Defendants on December 12, 2005 at 3:00 p.m. before the Honorable Mary H. Murguia. IT IS FURTHER ORDERED that the Probation Department prepare presentence reports for the Court. IT IS FURTHER ORDERED that all defendants remain released under the previously imposed conditions of release. IT IS FURTHER ORDERED that defense counsel return the documents under protective order to the Government by 10:00 a.m. on September 9, 2005. The Court DIRECTS the Government to maintain the documents under seal and make them available to defense counsel. Case 2:03-cr-00344-MHM Document 676 Filed 09/08/2005 Page 2 of 3

1:10 p.m. Court adjourns.

Case 2:03-cr-00344-MHM

Document 676

Filed 09/08/2005

Page 3 of 3