Free Notice of Correction - 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:

7/28/05

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

Waiver of Jury trial filed

9:26 a.m. Court reconvenes with counsel and defendants present. Jury is now present. Discussion held. Counsel advise the Court that they've stipulated to Exhibit 277, previously admitted, being admitted as redacted. 9:34 a.m. Jury is now present. Barbara Stimmel is sworn, examined, cross-examined, and excused. Lana Sharp is sworn, examined, cross-examined, and excused. Karen Jones is sworn and examined. Exhibits 203 and 202 are admitted into evidence. 10:43 a.m. Jury is excused. Court and counsel remain in session. Discussion held. 10:48 a.m. Court stands at recess. 11:05 a.m. Court reconvenes with counsel and defendants present. Karen Jones resumes the stand, is crossexamined, further examined on redirect, and excused. 11:52 a.m. Jury is excused. Court and counsel remain in session. Mr. Kunkle orally moves fora mistrial, which Motion is DENIED. 12:02 p.m. Court stands at recess. 1:25 p.m. Court reconvenes with counsel and defendants present. Jury is not present. Discussion held. 1:37 p.m. Jury is now present. Leilah Breitler is sworn, examined, and cross-examined. Exhibits 208, 211, and 209 are admitted into evidence. 2:51 p.m. Court stands at recess. 3:15 p.m. Court reconvenes with counsel, defendants, and jury present. Leilah Breitler resumes the stand, is crossexamined, further examined on redirect, and excused. Steve Manson is sworn, examined, and excused. Exhibits 360, 361, and 362 are admitted into evidence. 3:56 p.m. Jury is excused. Court and counsel remain in session. Discussion held. The Court DIRECTS defense counsel to notify the Government by 1:00 p.m. on July 30, 2005 Case 2:03-cr-00344-MHM Document 621 Filed 07/29/2005 Page 1 of 2

PAGE TWO

July 28, 2005

CR 03-344-PHX-MHM

whether Defendants' wish to recall Government's witnesses, Erik Melling, Cynthia Porter, Patrick Porter, and Nicoli Ferrell. 4:05 p.m. Court stands at recess until 9:00 a.m. on August 2, 2005. Case continued to: 8/2/05 for further trial.

Case 2:03-cr-00344-MHM

Document 621

Filed 07/29/2005

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