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:

7/27/05

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 # 16 /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 not present. Counsel argue their positions to the Court regarding Defendants' oral motion for a mistrial. 10:16 a.m. Court excuses the Jury until 1:15 p.m. Court and counsel remain in session. Discussion held. 10:26 a.m. Court stands at recess. 1:28 p.m. Court reconvenes with counsel and defendants present. Jury is not present. For the reasons stated on the record, IT IS ORDERED denying Defendants' oral motion for a mistrial. Mr. Kunkle's oral motion for production relating to audit material is DENIED. The Court DIRECTS the Government to produce a copy of the audit name list to defense counsel subject to protective order. 2:03 p.m. Jury is now present. Samuel Pak, previously sworn, resumes the stand is further cross-examined, and excused. Susan Romero Andrianov is sworn, examined, crossexamined, and excused. Exhibits 175, 176, 177, 435, 178, 179, 180, and 181 are admitted into evidence. 2:51 p.m. Jury is excused. Court and counsel remain in session. Discussion held. Exhibit 178 is admitted into evidence as redacted. 3:14 p.m. Court stands at recess. 3:33 p.m. Court reconvenes with counsel, defendants, and jury present. Howard Goldberg is sworn, examined, and excused. Exhibits 273, 274, 275, 276, and 277 are admitted into evidence. David Springer is sworn, examined, cross-examined, and excused. Exhibits 353, 354, 355, 356, 357, and 359 are admitted into evidence. 4:32 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 July 28, 2005. Case continued to: 7/28/05 for further trial. Case 2:03-cr-00344-MHM Document 617

Filed 07/27/2005

Page 1 of 1