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:

7/26/05

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

Waiver of Jury trial filed

8:45 a.m. Court reconvenes with counsel and defendants present. Jury is now present. Discussion held regarding Government's witness, Bruce Farr, and exhibits. 9:10 a.m. Juror 15 is now present. The Court questions Juror 15 with respect to a medical note received. The Court excuses Juror 15 from further service. 9:17 a.m. Jury is now present. Thomas Klepper, previously sworn, resumes the stand and is examined. Exhibits 118, 145, 121, 122, 123, 124, 125, 515(a), 144, 127, 128, 129, and 137 are admitted into evidence. 10:37 a.m. Jury is excused. Court and counsel remain in session. Discussion held. 10:39 a.m. Court stands at recess. 11:14 a.m. Court reconvenes with counsel, defendants, and jury present. Thomas Klepper resumes the stand, is examined, and cross-examined. 11:55 am. Jury is excused. Court and counsel remain in session. Discussion held. Exhibits 132, 133, 136, 137, 138, and 139 are admitted into evidence. Discussion held. 12:06 p.m. Court stands at recess. 1:25 p.m. Court reconvenes with counsel and defendants present. Jury is not present. Discussion held. 1:28 p.m. Jury is now present. Thomas Klepper resumes the stand, is cross-examined, further examined on redirect, further cross-examined, and excused. 2:45 p.m. Jury is excused. Court and counsel remain in session. Discussion held. 2:50 p.m. Court stands at recess.

Case 2:03-cr-00344-MHM

Document 614

Filed 07/26/2005

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PAGE TWO

CR 03-344-PHX-MHM

July 26, 2005

3:12 p.m. Court reconvenes with counsel, defendants, and jury present. Samuel Pak is sworn, examined, crossexamined, further examined on redirect, and excused. Exhibits 402, 403, 404, 405, 406, 407, and 408 are admitted into evidence. Counsel orally move for a mistrial at sidebar. 4:41 p.m. Jury is excused. Court and counsel remain in session. Discussion held. Thomas Klepper, previously sworn, is examined and excused. Court takes the motion for mistrial under advisement. 5:03 p.m. Court stands at recess until 8:30 a.m. on July 27, 2005.

Case continued to:

7/27/05 for further trial.

Case 2:03-cr-00344-MHM

Document 614

Filed 07/26/2005

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