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

Case 1:03-cr-00232-RPM

Document 1042

Filed 11/02/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: November 2, 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 Twenty-Six 9:00 a.m. Court in session.

(Defendants Mattar, Grace and Boyd present). Discussion regarding scheduling, scope of examination of Mr. Quanstrom and Court' limited s availability ruling. 9:09 a.m. 9:23 a.m. Court' in recess. s Court in session.

Further discussion regarding scheduling, requested material pursuant to defendants' subpoena duces tecum of Mr. Quanstrom and a FDIC declaration with respect to documents requested. Counsel Agree that Terry Quanstrom is under defendants' subpoena but because of his medical condition is not available under F.R.E. 804. Court and counsel agree that the entire FDIC deposition transcript of Mr. Quanstrom is admitted subject to appropriate evidentiary objections. 9:28 a.m. Continued cross examination of Mr. Fulkerson by Ms. Grady.

Case 1:03-cr-00232-RPM

Document 1042

Filed 11/02/2006

Page 2 of 4

November 2, 2006 03-cr-00232-RPM Reference to Government' Exhibits 1372,1378 and 1375. s Defendants' Exhibit Y-137 identified and referenced. Reference to Defendants' Exhibits A-178 and B-87. 10:06 a.m. Cross examination of Mr. Fulkerson by Mr. Quanstrom.

Reference to Defendants' Exhibits B-26 and P-21. Reference to Government' Exhibit 1387. s Discussion regarding defendants' terminated motion [1027] and Court' clarification of its ruling s to that motion. Government' Exhibit 1424 identified, offered and received. s 10:54 a.m. Redirect examination of Mr. Fulkerson by Mr. Carey.

Reference to Defendants' Exhibits B-87 and A-178. Reference to Government' Exhibits 1387, 1375 and 1372, s 11:01 a.m. 11:03 a.m. 11:05 a.m. 11:21 a.m. Recross examination of Mr. Fulkerson by Mr. Sears. Recross examination of Mr. Fulkerson by Ms. Grady. Court in recess. Court in session.

Counsel and defendants stipulate that individuals identified in the indictment and discussed in the testimony of this trial are the defendants present at trial. 11:23 a.m. Government' witness, Robert Loper, sworn. s

Direct examination of Mr. Loper by Mr. Haried. Government' Exhibit 455 identified, offered and received. s Government' Exhibit 468 identified and offered. s 11:30 a.m. to 11:31 a.m. 11:31 a.m. to 11:32 a.m. Mr. Bornstein voir dires Mr. Loper regarding Government' Exhibit s 468. Mr. Smith voir dires Mr. Loper regarding Government' Exhibit s 468.

Government' Exhibit 468 received. s Government' Exhibit 469 identified and offered. s 11:33 a.m. to 11:34 a.m. Mr. Bernstein voir dires Mr. Loper regarding Government' Exhibit s 469. Objection.

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Case 1:03-cr-00232-RPM

Document 1042

Filed 11/02/2006

Page 3 of 4

November 2, 2006 03-cr-00232-RPM Government' Exhibit 469 received. s Government' Exhibit 470 identified and offered. s 11:35 a.m. to 11:36 a.m. Mr. Bernstein voir dires Mr. Loper regarding Government' Exhibit s 470.

Government' Exhibit 470 received. s Government' Exhibit 471 identified, offered, objections and received. s Government' Exhibit 1396 identified, offered, objection an sustained. s Defendant Mattar' oral motion for production of any notes by Mr. Loper relevant to his s testimony by Mr. Bernstein. ORDERED: Defendant Mattar' motion for production of notes is denied. s 11:51 a.m. Cross examination of Mr. Loper by Mr. Smith.

Government' Exhibit 1397 identified and offered. s 12:03 p.m. to 12:04 p.m. Mr. Haried voir dires Mr. Loper regarding Government' Exhibit s 1397.

Government' Exhibit 1397 received. s Reference to Government' Exhibits 1526, 469, 1378 and 470. s 12:30 p.m. 1:45 p.m. 1:46 p.m. Court in recess. Court in session. Continued cross examination of Mr. Loper by Mr. Smith

Reference to Government' Exhibits 468 and 470. s Reference to Defendants' Exhibit A-178. Defendants' Exhibit W-19 identified, offered and objection sustained. 2:02 p.m. Cross examination of Mr. Loper by Mr. Bernstein.

Howard Godnick, counsel for Cerberus, objects to the witness answering questions concerning communications between Mr. Loper and Mr. Goldstein based on the attorney client privilege. Privilege sustained. Reference to Government' Exhibit 1397. s 2:28 p.m. Redirect examination of Mr. Loper by Mr. Haried.

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Case 1:03-cr-00232-RPM

Document 1042

Filed 11/02/2006

Page 4 of 4

November 2, 2006 03-cr-00232-RPM 2:32 p.m. Government' witness, Ronald Goldstein, sworn. s

Direct examination of Mr. Goldstein by Mr. Haried. Reference to Government' Exhibits 455 and 469, s Government' Exhibit 456 identified and offered. s 2:37 p.m. to 2:38 p.m. Mr. Smith voir dires Mr. Goldstein regarding Government' Exhibit s 456.

Government' Exhibit 456 received. s Government' Exhibit 904 identified, offered and received. s Reference to Government' Exhibits 459 and 460. s 3:01 p.m. 3:10 p.m. 3:11 p.m. Court in recess. Court in session. Cross examination of Mr. Goldstein by Mr. Smith

Reference to Government' Exhibit 456. s 3:23 p.m. Cross examination of Mr. Goldstein by Mr. Bernstein.

Discussion regarding scheduling. 3:50 p.m. Court in recess.

Trial continued. Total time in court: 5 hrs 35 min.

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