Free Motion for Disclosure - District Court of Colorado - Colorado

Case 1:03-cr-00232-RPM

Document 1019

Filed 10/19/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 03-CR-00232-RPM UNITED STATES OF AMERICA, Plaintiff, v. 1. 2. 3. 4. 5. 6. 7. EDWARD P. MATTAR, III THOMAS ALAN BOYD, JACK O. GRACE, JR. DOUGLAS R. BAETZ GLENN GALLANT CENTURY FINANCIAL SERVICES, and CENTURY FINANCIAL GROUP, INC. Defendants. ________________________________________________________________ DEFENDANT GRACE'S SECOND WRITTEN MOTION FOR ORDER TO PRODUCE AMENDED WITNESS LIST COMES NOW Defendant Grace, through his counsel, Daniel J. Sears, P. C., and respectfully requests this Honorable Court to enter an order directing the United States to file an amended witness list prior to the commencement of trial proceedings on October 30, 2006, and as grounds therefore, hereby states as follows: 1. On July 10, 2006, the United States filed Plaintiff's Witness List which set forth the names of the witnesses that the government intended to call, and the order in which they were to be called. Doc 871. The government has, thus far, presented the testimony of approximately twenty-two witnesses. Forty-three witnesses named on the original list

Case 1:03-cr-00232-RPM

Document 1019

Filed 10/19/2006

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remain to be called. The government has advised that some those remaining witnesses will be called, and others will not. The defense requires notice of those witnesses the government intends to call, and those it intends to remove from the list. 2. The government has projected that it will rest by November 16, 2006. Defense counsel needs to arrange for the orderly presentation of its evidence commencing at that approximate time. 3. The United States has advised various, but not all, members of the defense team that it is calling certain witnesses listed and eliminating others. It has departed from the order presented prior to trial, and has not been timely presenting notice of the witnesses to be called, and the accompanying exhibit lists for each witness. Prior to the last recess, undersigned counsel was assured that a list of witnesses whose testimony would be presented after trial recommenced would be delivered by Tuesday or Wednesday of this week. It has not been received. 4. Though counsel appreciates that the government has to arrange its order of witnesses and provide for an orderly presentation, it takes a substantial period of time for Defendants' counsel to organize the subject areas to be addressed, and the exhibits to be utilized on crossexamination. Though some of these remaining prosecution witnesses are from out-of-town and their travel needs to be arranged, many are from Denver and their can be presented on a timely basis.

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Case 1:03-cr-00232-RPM

Document 1019

Filed 10/19/2006

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5.

Additionally, defense counsel must review each of the exhibits to be used by the government during direct presentation, and determine how each shall be used, if at all, on cross-examination. Counsel must prepare those exhibits responsive to the government's presentation. As an example, the government presented an exhibit list containing approximately 166 exhibits to be used during the direct examination of Charles Wolfschlag. All of those exhibits had to be reviewed by the defense in order to be prepared to meet the government's presentation. Many fewer than 166 exhibits were, in fact, presented by the government during the direct of Wolfschlag.

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The Court has ordered the trial to recommence on a full-day basis on October 30, 2006. It a waste of time and resources to prepare for witnesses who will not be called, and lends to an ineffective and inefficient presentation of Grace's defense to attempt to split responsibilities, not knowing who will be called, and which of Grace's co-counsel shall be prepared to confront the government's evidence. WHEREFORE, Defendant Grace respectfully requests that the Court

enter an order directing the government to file an amended witness list identifying the remaining witnesses it intends to call, the new order in which it expects to call them, and to provide an accompanying list of exhibits within forty-eight hours of when each witnesses is to be presented.

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Case 1:03-cr-00232-RPM

Document 1019

Filed 10/19/2006

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Respectfully submitted, s/ Daniel J. Sears DANIEL J. SEARS, P. C. Suite 1100, 1801 Broadway Denver, CO 80202 (303) 292 0110 FAX: (303) 297 2536 Email: [email protected] Co-counsel for Defendant Grace

CERTIFICATE OF SERVICE BY CM/ECF FILING I hereby certify that a true and correct copy of the foregoing Defendant Grace's Motion to Order Government to Produce Amended Witness List was served on the following persons at their respective Email addresses by filing said pleading electronically via the CM/ECF filing system this October 19, 2006: John M. Haried [email protected] Michael P. Carey [email protected] Daniel T. Smith [email protected] Lee Foreman [email protected] Patrick Murphy [email protected] Virginia Grady [email protected] Peter R. Bornstein [email protected]

s/ Daniel J. Sears DANIEL J. SEARS, P. C. Suite 1100, 1801 Broadway Denver, CO 80202 (303) 292 0110 FAX: (303) 297 2536 Email: [email protected]

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Case 1:03-cr-00232-RPM

Document 1019

Filed 10/19/2006

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