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:

8/4/05

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 # 20 /BENCH TRIAL / /VOIR DIRE / /JURY SWORN n/a

Waiver of Jury trial filed

9:31 a.m. Court reconvenes with counsel and defendants present with the exception of Defendant McElhinney. Mr. Juarez waives Ms. McElhinney's presence. Jury is not present. Discussion held. 9:40 a.m. Defendant McElhinney is now present. Deborah Carlson is sworn and examined on voir dire. Counsel argue their positions to the Court. 10:03 a.m. Court stands at recess. 10:22 a.m. Court reconvenes with counsel and defendants present. Jury is not present. The Court overrules defendants' objections. 10:27 a.m. Jury is now present. Deborah Carlson is sworn, examined, and cross-examined. Exhibits 378, 422, 446, 447, 380-384, 423-425, 385-388, 389-392, and 448-455, and 456-460 are admitted into evidence. 11:41 a.m. Jury is excused. Court and counsel remain in session. The Court reads a note from a juror. 11:42 a.m. Court stands at recess. 11:53 a.m. Court reconvenes with counsel, defendants, and jury present. Deborah Carlson resumes the stand and is cross-examined. 12:16 p.m. Court stands at recess. 1:52 p.m. Court reconvenes with counsel and defendants present. Jury is not present. Discussion held. 2:00 p.m. Jury is now present. Deborah Carlson resumes the stand, is cross-examined, further examined on redirect, and excused. Exhibit 426 is admitted into evidence. Government rests. 2:18 p.m. Jury is excused. Court and counsel remain in session. Defense counsel orally join in a motion for new trial. Defense counsel orally move for directed verdicts pursuant to Rule 29. Mr. Parzych renews his motion to sever as to Defendant Priest. 2:57 p.m. Court stands at recess. Case 2:03-cr-00344-MHM Document 640 Filed 08/04/2005 Page 1 of 2

PAGE TWO

August 4, 2005

CR 03-344-PHX-MHM

3:33 p.m. Court reconvenes with counsel and defendants present. Jury is not present. Government argues its position to the Court. IT IS ORDERED taking these matters under advisement. The Court DIRECTS defense counsel to notify the Court and the Government by 12:00 p.m. on August 8, 2005 of the order of defense witnesses. The Court further DIRECTS the Government to file by 5:00 p.m. a memorandum relating to false testimony. Any response shall be filed by 3:00 p.m. on August 8, 2005. 4:03 p.m. On oral motion of the Government, Exhibits 106, 109, and 110 are withdrawn from evidence. Exhibit 111 is admitted as redacted. Court stands at recess until 8:30 a.m. on August 9, 2005. Case continued to: 8/9/05 for further trial.

Case 2:03-cr-00344-MHM

Document 640

Filed 08/04/2005

Page 2 of 2