Free Jury Trial - 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:

8/9/05

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: Larry Wszalek and 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 # 21 /BENCH TRIAL / /VOIR DIRE / /JURY SWORN n/a

Waiver of Jury trial filed

9:11 a.m. Court reconvenes with counsel and defendants present. Jury is not present. The Court DENIES the oral motion for mistrial and the motion to dismiss. The Court GRANTS defense counsel leave to re-cross Government's witnesses' Erik Melling, Cynthia Porter, and Patrick Porter. The Court DENIES Defendant Priest's renewed oral motion to sever. Defendants' motions for Rule 29 directed verdicts are DENIED. 9:35 a.m. Court stands at recess. 9:41 a.m. Court reconvenes with counsel and defendants present. Jury is not present. Defense counsel advises the Court that defendants will not re-cross the Government's witnesses. 9:44 a.m. Jury is now present. FOR THE DEFENDANTS: Dennis Poseley is sworn and examined. Exhibits 1017, 1018, 1019, 1020, 1021, 875, and 876 are admitted into evidence. 10:51 a.m. Court stands at recess. 11:13 a.m. Court reconvenes with counsel, defendants, and jury present. Dennis Poseley resumes the stand and is examined. Exhibits 609 and 1024 are admitted into evidence. 12:03 p.m. Jury is excused. Court and counsel remain in session. Discussion held. 12:08 p.m. Court stands at recess. 1:28 p.m. Court reconvenes with counsel, defendants, and jury present. Dennis Poseley resumes the stand, is examined, and cross-examined. Exhibits 667 and 38 (pages 48 and 49 only) are admitted into evidence. 2:44 p.m. Jury is excused. Court and counsel remain in session. Discussion held. 2:48 p.m. Court stands at recess.

Case 2:03-cr-00344-MHM

Document 649

Filed 08/09/2005

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PAGE TWO

CR 03-344-PHX-MHM

August 9, 2005

3:22 p.m. Court reconvenes with counsel, defendants, and jury present. Dennis Poseley resumes the stand and is cross-examined. Exhibit 38 (pages 63 and 64 only) 469, 471, 477, and 617 are admitted into evidence. 4:30 p.m. Jury is excused. Court and counsel remain in session. Discussion held. 4:35 p.m. Court stands at recess until 9:00 a.m. on August 10, 2005. Case continued to: 8/10/05 for further trial.

Case 2:03-cr-00344-MHM

Document 649

Filed 08/09/2005

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