Free Evidentiary Hearing - District Court of Colorado - Colorado

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

Document 1454

Filed 02/01/2008

Page 1 of 4

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

February 1, 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

9:05 a.m.

Court in session.

Defendants George Alan Weed, Charles Lewis, and Michael Smith are present in court (on bond). Defendants Norman Schmidt and Jannice Schmidt are present in court (in custody). Appearances of counsel. Statements to the Court by Mr. Kirsch, for the Government. Statements to the Court by Mr. Goodreid, for Defendant George Weed. Statements to the Court by Ms. Ray, for Defendant Jannice Schmidt.
1

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

Document 1454

Filed 02/01/2008

Page 2 of 4

Statements to the Court by Mr. Stuckey, for Defendant Michael Smith. Statements to the Court by Mr. Gainor, for Defendant Charles Lewis. The Government calls witness, Special Agent James Marcy. The witness is sworn. 9:14 a.m. Direct examination of the witness, Special Agent James Marcy, by Mr. Kirsch.

The Government offers Government's Exhibits 1, 2, 3, 4, and 5. Objections by Defendant Norman Schmidt, as to Government's Exhibit 1. Response by the Government. Reply by Mr. Bornstein. Defendant Norman Schmidt's objections are overruled. Objections by Defendant Charles Lewis, as to Government's Exhibit 1. Defendant Charles Lewis joins the objections made by Defendant Norman Schmidt. Defendant Charles Lewis's objections are overruled. Objections by Defendant Jannice Schmidt, as to Government's Exhibit 4. Response by the Government. Reply by Ms. Ray. Defendant Jannice Schmidt's objections are overruled. 10:50 a.m. 11:15 a.m. Court in recess. Court in session.

Objections by Defendant Michael Smith, as to Government's Exhibit 5, pages 8000202 through 8000229. Defendant Michael Smith, joins in the objections made by Defendant Norman Schmidt. Response by the Government. Reply by Mr. Stuckey. Defendant Michael Smith's objections are overruled. Government's Exhibits 1, 2, 3, 4, and 5 are admitted into evidence. Direct examination of the witness, Special Agent James Marcy resumes.
2

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

Document 1454

Filed 02/01/2008

Page 3 of 4

The Government offers Government's Exhibits 6, 7, 8, and 9. Voir dire Mr. Bornstein, for Defendant Norman Schmidt, as to the Governments Exhibits 6, 7, 8, and 9. Objections by Defendant Norman Schmidt as to the Government's Exhibits 6, 7, 8, and 9. Response by Mr. Kirsch, for the Government. Reply by Mr. Bornstein. Defendant Norman Schmidt's objections are overruled. Objections by Defendant George Weed, as to Government's Exhibits 6 and 7. Response by Mr. Kirsch, for the Government. Reply by Mr. Goodreid. Defendant George Weed withdraws his objections with leave to propound them if convinced they remain available based on cross-examination. Defendant Charles Lewis joins in the objections by Defendant George Weed. Voir dire by Mr. Stuckey, for Defendant Michael Smith, as to the Government's Exhibits 6, 7, 8, and 9. No objections by Defendant Michael Smith. Government's Exhibits 6, 7, 8, and 9 are admitted in evidence, subject to additional objection through cross examination. 12:00 noon Court in recess and shall reconvene at 1:15 p.m. 1:20 p.m. Court in session. Direct examination of the witness, Special Agent James Marcy, resumes. The Government offers Government's Exhibits 17, 18, 19, and 20. Objections by Defendant Norman Schmidt. Response by the Government. Defendant Norman Schmidt's objections are overruled. Voir dire by Mr. Gainor, for Defendant Charles Lewis, as to Government's Exhibit 19. No objections. Government's Exhibits 17, 18, 19, and 20 are admitted into evidence.
3

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

Document 1454

Filed 02/01/2008

Page 4 of 4

1:38 p.m.

Cross examination of the witness, Special Agent James Marcy, by Mr. Goodreid, for Defendant George Weed. Cross examination of the witness, Special Agent James Marcy, by Mr. Stuckey, for Defendant Michael Smith. Court in recess. Court in session. Cross examination of the witness, Special Agent James Marcy, by Mr. Gainor, for Defendant Charles Lewis. Cross examination of the witness, Special Agent James Marcy, by Mr. Bornstein, for Defendant Norman Schmidt. Court in recess. Court in session.

2:28 p.m.

2:45 p.m. 3:05 p.m. 3:05 p.m.

3:25 p.m

4:05 p.m. 4:25 p.m.

Cross examination of the witness, by Mr. Bornstein, resumes. 4:43 p.m Cross examination of the witness, Special Agent James Marcy, by Ms. Ray, for Defendant Jannice Schmidt.

The witness is excused. It was ORDERED: 1. That this Evidentiary Hearing is continued to Monday, February 4, 2008, at 1:15 p.m. Defendants George Weed and Michael Smith may appear by telephone. That counsel for Defendant Jannice Schmidt and the Government shall appear at 10:00 a.m. on Monday, February 4, 2008, to conduct oral argument, on the Defendant's Motion to Preclude Breach of Plea Agreement, [#1453] filed February 3, 2008. Court in recess.

2.

4:58 p.m.

Total in court time: 5 hours and 30 minutes - hearing continued

4