Free Jury Trial - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA - PHOENIX AMENDED CRIMINAL MINUTES TRIAL

03 Year

/ 344 / Case No.

1 PHX - MHM Dft #

DATE:

6/28/05

HONORABLE: MARY H. MURGUIA USA V. Poseley, Last Name DEFENDANT: X Present Deputy Clerk: Kristen Bethel U.S. Atty: Larry Wszalek and Mark Odulio Dennis First Name Not Present X Released

Judge #: 7027 O. Middle Initial Custody Writ

Court Reporter/ECR: Merilyn Sanchez

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 / /BENCH TRIAL / /VOIR DIRE / /JURY SWORN Minute entry amended to reflect that Merilyn Sanchez was present as court reporter rather than Liz Lemke. Trial Day # 12 Waiver of Jury trial filed n/a

9:32 a.m. Court reconvenes with counsel and defendants with the exception of Rachel McElhinney. Discussion held regarding Ms. McElhinney's absence. 9:45 a.m. Court stands at recess. 10:22 a.m. Court reconvenes with counsel and defendants with the exception of Rachel McElhinney. 10:24 a.m. Mr. Kunkle and Mr. Poseley waive their appearance and are excused from the courtroom. Rachel McElhinney is telephonically present and questioned by Mr. Juarez. Mr. Juarez and Mr. Parzych orally move to continue trial due to Ms. McElhinney's illness, which motion is GRANTED. IT IS ORDERED continuing Trial until tomorrow morning at 9:00 a.m., at which time Ms. McElhinney shall be physically present. Otherwise, Ms. McElhinney shall provide the Court with medical documentation to support her absence. 10:41 a.m. Jury is now present. The Court excuses the Jury until 9:00 a.m. on June 29, 2005. 10:44 a.m. Court stands at recess. 10:58 a.m. Court reconvenes with counsel and defendants with the exception of Rachel McElhinney. Mr. Juarez waives Ms. McElhinney's presence. Discussion held regarding exhibits 1011-1015. 11:33 a.m. Court stands at recess. 1:42 p.m. Court reconvenes with counsel and defendants present with the exception of Defendant's McElhinney and Trepas. Ms. Glitsos waives Mr. Trepas' presence. Discussion held. The Court rules on the admissibility of exhibits 1011-1015. Discussion held regarding exhibits. 2:00 p.m. Court stands at recess until 9:00 a.m. on June 29, 2005. Case continued to: 6/29/05 for further trial. Case 2:03-cr-00344-MHM Document 606 Filed 06/28/2005 Page 1 of 1