Free Bench Trial - Held - District Court of Colorado - Colorado

Case 1:03-cr-00232-RPM

Document 1056

Filed 11/08/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: November 8, 2006 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ___________________________________________________________________________ Criminal Action No. 03-cr-00232-RPM UNITED STATES OF AMERICA, Plaintiff, v. 1. EDWARD P. MATTAR, III, 2. THOMAS ALAN BOYD, 3. JACK O. GRACE, JR., Peter Bornstein Virginia Grady Daniel Smith Daniel Sears Michael Carey John Haried

Defendants. ___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ Trial Day Thirty 9:00 a.m. Court in session.

(Defendants Mattar, Grace and Boyd present). 9:01 a.m. Continued cross examination of Mr. Beard by Mr. Sears.

Reference to Government' Exhibits 28, 30, 395, 426, 411 and 414. s Reference to Defendants' Exhibit G-7. 9:58 a.m. Cross examination of Mr. Beard by Mr. Bornstein.

Defendants'Exhibit X-24 identified, offered and received. Reference to Government' Exhibits 411, 395 and 30. s 10:50 a.m. 11:04 a.m. 11:05 a.m. Court in recess. Court in session. Continued cross examination of Mr. Beard by Mr. Bornstein.

Defendants'Exhibits Y-135 and Y-136 identified, offered and received. Defendants' Exhibit F-34 identified, offered, objection and sustained.

Case 1:03-cr-00232-RPM

Document 1056

Filed 11/08/2006

Page 2 of 3

November 8, 2006 03-cr-00232-RPM Defendants'Exhibit C-7 identified, offered and received. 11:18 a.m. Cross examination of Mr. Beard by Ms. Grady.

Reference to Government' Exhibits 28 and 884. s Reference to Defendant' Exhibit G-7. s 11:43 a.m. Redirect examination of Mr. Beard by Mr. Haried.

Reference to Government' Exhibits 884, 413, 30, 414, 411 and 883. s Reference to Defendants' Exhibit X-24. Government' Exhibit 33 pg. 25 identified, offered and received. s 12:05 p.m. 12:06 p.m. 12:10 p.m. 1:30 p.m. 1:31 p.m. Recross examination of Mr. Beard by Mr. Sears. Recross examination of Mr. Beard by Mr. Bornstein. Court in recess. Court in session. Government' witness, Sandra Johnigan, sworn. s

Direct examination of Ms. Johnigan by Mr. Carey. Reference to Government' Exhibit 1126. s Government' Exhibit 478 identified and offered (not offered as a demonstrative as indicated in s exhibit list). 1:41 p.m. to 1:45 p.m. Ms. Grady voir dires Ms. Johnigan regarding Government' s Exhibit 478. Objection.

Reference to Government' Exhibits 399, 1319, 273, 482 and 476. s Government' Exhibit 478 received. s Government' Exhibit 1392 identified, offered and received. s Government' Exhibit 1423 identified and offered. s 2:07 p.m. to 2:08 p.m. Ms. Grady voir dires Ms. Johnigan regarding Government' s Exhibit 1423.

Government' Exhibit 1423 received. s Reference to Government' Exhibit 483. s Government' Exhibits 1545, 1544, 1546, 1547, 1548 identified, offered and received as a s demonstrative. Government' Exhibit 1543 identified, offered and received. s

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Case 1:03-cr-00232-RPM
November 8, 2006 03-cr-00232-RPM

Document 1056

Filed 11/08/2006

Page 3 of 3

Government' Exhibit 1549 identified, offered, objections and received as a s demonstrative. Reference to Defendants' Exhibit 272. 2:48 p.m. 3:03 p.m. Court in recess. Court in session.

Counsel for defendants state they have no questions for Ms. Johnigan. Counsel agree to the redactions made to Government' Exhibits 390, 391, 392, 394, 395, s 396, 397, 398 and 405. Government rests. 3:07 p.m. Defendant Grace' oral Rule 29 motion for judgment of acquittal with respect to s Counts 1, 2-44, 47-54, 55-73, 75-88 and 90 by Mr. Smith.

Argument by Mr. Smith. Mr. Haried states government agrees to dismiss Count 61 as to all defendants. ORDERED: Count 61 as to defendants Mattar, Boyd and Grace is dismissed.

Defendant Grace' oral motion to strike certain allegations made in the Indictment (Second s Superseding Indictment) by Mr. Smith. Argument by Mr. Smith. Mr. Haried states government agrees with defendant' counsel with respect to striking s allegations referred to in paragraphs 45, 46, 57 and 71 of the Indictment (Second Superseding Indictment. 3:15 p.m. Defendant Boyd' oral Rule 29 motion and motion to join defendant' Graces s s motion to strike certain allegations made in the Indictment by Ms. Grady. Defendant Mattar' oral Rule 29 motion and motion to join defendant' Graces s s motion to strike certain allegations made in the Indictment by Mr. Bornstein.

3:16 p.m.

Argument by Mr. Bornstein. Counsel agree and stipulate that the Rule 29 motions may be supplemented in a written submission after the close of evidence. ORDERED: Pursuant to Rule 29(b)(2) ruling reserved.

Discussion regarding scheduling. 3:25 p.m. Court in recess.
Trial continued. Total time in court:

5 hrs. 5 min.

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