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:

8/2/05

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

Waiver of Jury trial filed

9:30 a.m. Court reconvenes with counsel and defendants present. Jury is not present. Discussion held. Mr. Kunkle advises the Court that the defendants will not be recalling Government's witnesses, Erik Melling, Cynthia Porter, Patrick Porter, or Nicoli Ferrell. Defense counsel orally join in a motion for mistrial due to late discovery. Ms. Glitsos moves for a motion in limine to preclude any testimony regarding investments. 10:00 a.m. Jury is now present. David Davis is sworn, examined, cross-examined, further examined on redirect, and excused. Exhibits 445, 503A, 197, 199, 198, 201, and 200 are admitted into evidence. Richard King is sworn, examined, crossexamined, further examined on redirect, and excused. Exhibits 442 and 444 are admitted into evidence. Freddie Ulan is sworn and examined. 11:05 a.m. Court stands at recess. 11:30 a.m. Court reconvenes with counsel, defendants, and jury present. Freddie Ulan resumes the stand and is examined. Exhibits 235, 236, 238, and 239 are admitted into evidence. 11:55 a.m. Jury is excused. Court and counsel remain in session. Discussion held. 12:36 p.m. Court stands at recess. 1:37 p.m. Court reconvenes with counsel and defendants present. Jury is not present. Discussion held. 1:53 p.m. Jury is now present. Freddie Ulan resumes the stand, is cross-examined, and excused. Michael Wall is sworn, examined, cross-examined, further examined on redirect, and excused. Exhibits 303, 304, 305, 308, 311, 316, 322, 313, 314, 319, 320, 324, 325, 326, 327, 328, 330, 329, 332, 331, 333, 334, and 335 are admitted into evidence. 3:24 p.m. Jury is excused. Court and counsel remain in session. Mr. Kunkle orally moves for a mistrial, which Motion is DENIED. 3:27 p.m. Court stands at recess. Case 2:03-cr-00344-MHM Document 635 Filed 08/02/2005 Page 1 of 2

PAGE TWO

CR 03-344-PHX-MHM

August 2, 2005

3:48 p.m. Court reconvenes with counsel and defendants present. Jury is not present. Discussion held. 4:04 p.m. Jury is now present. Court gives a limiting instruction. 4:10 p.m. Jury is excused. Court and counsel remain in session. Discussion held. The Court will conduct an in camera review of the form 211 requests for reward. 4:23 p.m. Court stands at recess until 9:30 a.m. on August 3, 2005.

Case continued to:

8/3/05 for further trial.

Case 2:03-cr-00344-MHM

Document 635

Filed 08/02/2005

Page 2 of 2