Free Evidentiary Hearing - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB-MEH

Document 1457

Filed 02/04/2008

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn

February 4, 2008 Courtroom Deputy: Ginny Kramer Court Reporter: Suzanne Claar _____________________________________________________________________ Criminal Case No. 04-cr-00103-REB UNITED STATES OF AMERICA, v. 1. 2. 4. 5. 6. NORMAN SCHMIDT, GEORGE ALAN WEED, CHARLES LEWIS, JANNICE SCHMIDT, MICHAEL SMITH, Defendants. Thomas Hammond / Peter Bornstein Thomas Goodreid Ronald Gainor Paula Ray Richard Stuckey Matthew Kirsch Wyatt Angelo

COURTROOM MINUTES - EVIDENTIARY HEARING 1:20 p.m. Court in session.

This is a continuance of the Evidentiary Hearing on Friday, February 1, 2008. Defendants Charles Lewis, present in court (on bond). Defendants George Weed and Michael Smith appear via telephone. Defendants Norman Schmidt and Jannice Schmidt are present in court (in custody). Appearances of counsel. Witness, Mr. James Marcy, resumes the stand. The witness is reminded that he remains under oath.
1

Case 1:04-cr-00103-REB-MEH

Document 1457

Filed 02/04/2008

Page 2 of 4

1:22 p.m.

Re-direct examination of the witness, by Mr. Kirsch, for the government.

1:40 p.m. 1:50 p.m. 1:50 p.m.

Court in recess. Court in session. Direct examination of the witness, Special Agent James Marcy, by Mr. Kirsch, for the government, specifically as to defendant, Ms. Jannice Schmidt.

The Government offers Government's Exhibit 10. Objection by Defendant Jannice Schmidt. Response by the Government. Reply by the Defendant. Government's Exhibit 10 is admitted into evidence, for identification initially as an offer of proof, pending the resolution of the defendant's objections. The Government offers Government's Exhibit 11. Objection by Defendant Jannice Schmidt. Response by the Government. Government's Exhibit 11 is admitted into evidence, for identification initially as an offer of proof, pending the resolution of the defendant's objections. 2:20 p.m. Cross examination of the witness, Special Agent James Marcy, by Ms. Ray for defendant, Jannice Schmidt. Re-direct examination of the witness.

2:43 p.m.

The witness is excused. 2:50 p.m. 3:10 p.m. Court in recess. Court in session.

The Government calls witness, Agent Stephanie Hahn. The witness is sworn. 3:10 p.m. Direct examination of the witness, Agent Stephanie Hahn, by Mr. Wyatt, for the Government.
2

Case 1:04-cr-00103-REB-MEH

Document 1457

Filed 02/04/2008

Page 3 of 4

The Government offers Government's Exhibit 15. Objections by Defendant Jannice Schmidt. Response by the Government. Government's Exhibit 15 is admitted into evidence, pending the resolution of the defendant's objections. The Government offers Government's Exhibit 13. Objections by Defendant Jannice Schmidt. Government's Exhibit 13 is admitted into evidence, pending the resolution of the defendant's objections. The Government offers Government's Exhibit 14. Objections by Defendant Jannice Schmidt. Response by the Government. Government's Exhibit 14 is admitted into evidence, pending the resolution of the defendant's objections. The Government offers Government's Exhibit 12. Objection by Defendant Jannice Schmidt. Response by the Government. The Defendant's objections are overruled. Government's Exhibit 12 is admitted into evidence. 4:12 p.m. Cross examination of the witness, Agent Stephanie Hahn, by Ms. Ray.

The witness is excused. it was ORDERED: 1. That this Evidentiary Hearing is continued to Tuesday, February 5, 2008, at 9:00 a.m.

5:15 p.m. Court in recess. Total in court time: 3 hours and 40 minutes - hearing continued

3

Case 1:04-cr-00103-REB-MEH

Document 1457

Filed 02/04/2008

Page 4 of 4

4