Free Pretrial Conference - District Court of Colorado - Colorado

Case 1:04-cr-00187-LTB

Document 800

Filed 03/31/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CHIEF JUDGE LEWIS T. BABCOCK _____________________________________________________________________ Courtroom Deputy: Deborah Hansen Court Reporter: Janet Coppock Date: March 31, 2006

____________________________________________________________________ Criminal Action No. 04-cr-00187-5-LTB UNITED STATES OF AMERICA, Plaintiff, v. 5. JAVIER E. AVITA, Defendant. _____________________________________________________________________ COURTROOM MINUTES ________________________________________________________________________ HEARING - TRIAL PREPARATION CONFERENCE 03:40 p.m. Court in Session Harvey Steinberg Counsel: James Boma

Defendant present and on bond Court' comments s There are a number of transcripts listed under one exhibit on the Government' exhibit list. s Court' further comments s Mr. Boma' comments - as far as 801(d)(2)(E), there was a James proffer submitted by s the Government earlier in this case. He is not sure if the Court has ruled on that.

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Case 1:04-cr-00187-LTB

Document 800

Filed 03/31/2006

Page 2 of 2

Mr. Steinberg' comments s Mr. Steinberg' further comments - he thinks the Court reserved final ruling for trial. At s least that's what he has been operating under. The Court asks if the transcripts have been translated. Mr. Boma' further comments - they have been translated; and those calls, although s extensive, are probably going to run about 85, 90 minutes in total; but all the calls are with their corresponding transcripts. ORDERED: The Government shall submit hard copies of the transcripts and hard copies of all the exhibits by next Tuesday, April 4th. Further discussion re exhibits The Government will also submit the exhibits to Mr. Steinberg by April 4th. There are no stipulations with regard to the Government' exhibits at this time. s Discussion re Jury Instructions Mr. Boma and Mr. Steinberg will meet next week and prepare a preliminary stipulated set of Instructions. ORDERED: A stipulated set of Jury Instructions shall be submitted by the end of the day, Thursday, April 6th. Discussion re Government' Presumption of Innocence Instruction s Court' further comments s Trial will start at 8:30 on Monday, April 10th; counsel should be present at 8:00 a.m. 03:58 p.m. Court in Recess Hearing concluded Time: 18 minutes

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