Free Motion to Continue - District Court of Colorado - Colorado

Case 1:03-cr-00232-RPM

Document 1022

Filed 10/19/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 03-cr-00232-M UNITED STATES OF AMERICA, Plaintiff, v. 1. 2. 3. EDWARD P. MATTAR, III, THOMAS ALAN BOYD, JACK O. GRACE, Jr. Defendants.

GOVERNMENT'S MOTION TO RESCHEDULE COMPLETION OF THE TESTIMONY OF CHARLES WOLFSCHLAG

The United States of America, by Michael P. Carey and John M. Haried, Assistant U.S. Attorneys, move the Court to reschedule the completion of the testimony of Charles W olfschlag to November 6 or 7, for the following reasons: 1. Mr. W olfschlag began testifying on Monday, October 16, 2006. When the Court recessed for the day, Mr. W olfschlag had testified on direct examination, and he had been cross-examined by Mr. Sears and Mr. Bornstein. Ms. Grady was in the midst of her cross-examination. The Court instructed Mr. W olfschlag to return on Monday, October 30. 2. After being excused from the courtroom, Mr. W olfschlag informed the 1

Case 1:03-cr-00232-RPM

Document 1022

Filed 10/19/2006

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government ­ for the first time ­ that he and his wife had reservations to travel for vacation to Mexico on W ednesday, October 25, returning on Saturday, November 4. Counsel for the government and for the defendants discussed delaying his testimony very briefly at that time. Originally, the trial was scheduled to continue on Tuesday, October 17, but when that date was vacated, Mr. W olfschlag's vacation schedule was unknown. 3. 4. The government has other witnesses it can call for the week of October 30. Government counsel has discussed with Mr. Sears and Ms. Grady this proposal to resume Mr. W olfschlag's testimony on Monday, November 6, or Tuesday, November 7, whenever he can be conveniently inserted into the order of witnesses. They have no objection to this motion. Mr. Bornstein is in Europe and is unavailable for consultation.

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Case 1:03-cr-00232-RPM

Document 1022

Filed 10/19/2006

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For these reasons, the government requests that Mr. W olfschlag's examination be resumed on November 6 or 7. Respectfully submitted on October 18, 2006. Troy A. Eid United States Attorney

s/ John Haried Michael P. Carey John M. Haried Assistant United States Attorneys 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Phone: (303) 454-0100 Fax: (303) 454-0404 Email: [email protected]

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Case 1:03-cr-00232-RPM

Document 1022

Filed 10/19/2006

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on this 18 TH day of October, 2006, I electronically filed the foregoing GOVERNMENT'S MOTION TO RESCHEDULE COMPLETION OF THE TESTIMONY OF CHARLES WOLFSCHLAG with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Peter Bornstein, Counsel for Mr. Mattar [email protected] Virginia Grady, Counsel for Mr. Boyd [email protected] Daniel Sears, Counsel for Mr. Grace [email protected] Dan Smith, Counsel for Mr. Grace [email protected]

s/John Haried John Haried Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Phone: (303) 454-0100 Fax: (303) 454-0404 Email: [email protected]

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