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

Case 1:03-cr-00232-RPM

Document 1007

Filed 10/10/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: October 10, 2006 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ___________________________________________________________________________ Criminal Action No. 03-cr-00232-RPM Michael Carey John Haried

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

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

(Defendants Mattar, Grace and Boyd present). Discussion regarding scheduling. 9:02 a.m. Government' witness, Michael Mansueto, sworn. s

Direct examination of Mr. Mansueto by Mr. Haried. Government' Exhibits 141, 134 and 135 identified, offered and received. s Government' Exhibit 136 identified and offered. s 9:09 a.m. to 9:10 a.m. Mr. Smith voir dires Mr. Mansueto regarding Government' s Exhibit 136.

Government' Exhibit 136 received. s Government' Exhibit 142 identified, offered and received as demonstrative. s Government' Exhibits 139, 14, 15, 16, 17 and 18 identified, offered and received. s Government' 11 identified and offered. s

Case 1:03-cr-00232-RPM

Document 1007

Filed 10/10/2006

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October 10, 2006 03-cr-00232-RPM 9:35 a.m. to 9:36 a.m. Mr. Smith voir dires Mr. Mansueto regarding Government' s Exhibit 11. Objection.

Government' Exhibit 11 received. s Reference to Government' Exhibit 12. s Government' Exhibit 19 identified and offered. s 9:39 a.m. to 9:40 a.m. Mr. Smith voir dires Mr. Mansueto regarding Government' s Exhibit 19. Objection - sustained.

Government' Exhibits 144 (a-d) and 159 (a-d) identified, offered and received. s Government' Exhibit 150 identified and offered. s 9:54 a.m. to 9:56 a.m. Mr. Smith voir dires Mr. Mansueto regarding Government' s Exhibit 150. Objections.

Government' Exhibit 150 pgs. 12 thru 116 received. s Reference to Government' Exhibit 144a and 159. s 10:16 a.m. 10:30 a.m. 10:31 a.m. Court in recess. Court in session. Cross examination of Mr. Mansueto by Mr. Smith.

Reference to Government' Exhibits 150 and 134. s 11:07 a.m. 11:20 a.m. Cross examination of Mr. Mansueto by Mr. Bornstein. Cross examination of Mr. Mansueto by Ms. Grady.

Reference to Government' Exhibits 136, 16 and 135. s 11:38 a.m. Redirect examination of Mr. Mansueto by Mr. Haried.

Reference to Government' Exhibit 150. s 11:42 a.m. Government' witness, Melody Long, sworn. s

Direct examination of Ms. Long by Mr. Carey. Government' Exhibit 1127 identified, offered and received. s Government' Exhibit 1089 identified and offered. s 11:52 a.m. to 11:53 a.m. Mr. Sears voir dires Ms. Long regarding Government' Exhibit s 1089. Objections.

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Case 1:03-cr-00232-RPM

Document 1007

Filed 10/10/2006

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October 10, 2006 03-cr-00232-RPM Government' Exhibit 1089 received. s Government' Exhibit 1090 identified and offered. s 11:57 a.m. to 11:58 a.m. Mr. Sears voir dires Ms. Long regarding Government' Exhibit s 1090.

Government' Exhibit 1090 pgs. 1-6 received. s 12:00 p.m. Court in recess.

1:14 p.m. Court in session. 1:15 p.m. Continued direct examination of Ms. Long by Mr. Carey.

Reference to Defendants' Exhibit L-59. Government' Exhibit 1160 identified, offered and received. s Government' Exhibit 1231 pgs. 1-17 identified and offered. s 1:23 p.m. to 1:24 p.m. Ms. Grady voir dires Ms. Long regarding Government' Exhibit s 1231.

Government' Exhibit 1231 pgs. 1-17 received. s Government' Exhibit 1319 identified and offered. s 1:27 p.m. to 1:29 p.m. Mr. Sears voir dires Ms. Long regarding Government' Exhibit s 1319.

Government' Exhibit 1319 remaining pages received. s Reference to Government' Exhibit 41. s Government' Exhibit 598 identified and offered. s 1:35 p.m. to 1:36 p.m. Mr. Sears voir dires Ms. Long regarding Government' Exhibit s 598.

Government' Exhibit 598 received. s Government' Exhibit 600 identified, offered and received. s Government' Exhibit 1054 identified and offered. s 1:41 p.m. to 1:42 p.m. Mr. Sears voir dires Ms. Long regarding Government' Exhibit s 1054.

Government' Exhibit 1054 received. s Government' Exhibits 465, 1407 and 1147 identified, offered and received. s Government' Exhibit 1391 identified and offered. s

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October 10, 2006 03-cr-00232-RPM 2:01 p.m. to 2:04 p.m. Ms. Grady voir dires Ms. Long regarding Government' Exhibit s 1391. Objections, sustained.

Government' Exhibit 1391 received except for pgs. 3, 6, 7, 10, 11, 12, 15, 16, 17, 22, 23, s 26, 27, 28, 33, 34, 59, 60, 61, 64, 65, 68, 69, 70, 73, 74, 75, 80 and 81 (not handled by witness). Reference to Defendants' Exhibit C-14. Government' Exhibit 1111 pgs. 1-5 identified, offered and received. s Government' Exhibit 1112 pgs. 1, 2, 6 and 7 identified and offered. s 2:18 p.m. to 2:19 p.m. Mr. Bornstein voir dires Ms. Long regarding Government' Exhibit s 1112. Objections.

Government' Exhibit 1112 pgs. 1, 2 and 6- 7 received. s Government' Exhibit 1113 pgs. 1-4 and 5-6 identified, offered and received. s Government' Exhibit 1115 pgs. 1-3 identified, offered and received. s Reference to Government' Exhibit 41. s Government' Exhibit 1116 pgs. 1-2 identified, offered and received. s Government' Exhibits 823 and 1164 identified, offered and received. s Government' Exhibit 1022 identified and offered. s 2:42 p.m. to 2:43 p.m. Ms. Grady voir dires Ms. Long regarding Government' Exhibit s 1022. Objection, sustained.

Government' Exhibit 1409 identified, offered and received. s Government' Exhibit 1100 pg. 1 identified, offered and received. s Reference to Government' Exhibit 823. s 2:52 p.m. to 2:53 Mr. Sears voir dires Ms. Long regarding Government' Exhibit 1100 pgs. s 4-5. Objection.

Government' Exhibit 1100 pgs. 4-5 received. s 2:54 p.m. 3:09 p.m. 3:10 p.m. Court in recess. Court in session. Continued direct examination of Ms. Long by Mr. Carey.

Government' Exhibits 1131 and 1102 identified, offered and received. s Government' Exhibit 1101 pgs. 1-3 identified, offered and received. s Government' Exhibits 1132 and 1139 identified, offered and received. s Government' Exhibit 1101 pgs. 4-5 identified and offered. s 3:22 p.m. to 3:23 p.m. Ms. Grady voir dires Ms. Long regarding Government' Exhibit s 1101 pgs. 4-5. Objections.

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Case 1:03-cr-00232-RPM

Document 1007

Filed 10/10/2006

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October 10, 2006 03-cr-00232-RPM Government' Exhibit 1101 pgs. 4-5 received. s Government' Exhibit 1168 pgs. 1-4 and 5-11 identified, offered and received. s Government' Exhibits 72, 73 and 74 identified, offered and received. s Government' Exhibit 1075 pgs. 1-4 and 7-10 identified, offered and received. s Government' Exhibit 1076 pgs. 1-3, 8-10 and 18-19 identified, offered and received. s Government' Exhibit 1077 pgs. 1-3, 7-9 and 19-20 identified and offered. s 4:04 p.m. to 4:07 p.m. Mr. Bornstein voir dires Ms. Long regarding Government' Exhibit s 1077.

Government Exhibit 1077 pgs. 1-3, 7-9 and 19-20 received. Government' Exhibit 1078 pgs. 1-3, 7-9 and 20-21 identified, offered and received. s Government' Exhibit 1079 pgs. 1-3, 7-9 and 20-21 identified, offered and received. s Government' Exhibit 1080 pgs. 1-3, 7-9 and 20-21 identified, offered and received. s Government' Exhibit 1081 pgs. 1-3, 7-9 and 19-20 identified and offered. s 4:18 p.m. to 4:19 p.m. Mr. Sears voir dires Ms. Long regarding Government' Exhibit s 1081. Objection.

Government' Exhibit 1081 pgs. 1-3, 7-9 and 19-20 received. s Government' Exhibit 1082 pgs. 1-3, 7-9 and 19-20 s 4:20 p.m. to 4:21 p.m. Mr. Sears voir dires Ms. Long regarding Government' Exhibit s 1082. Objection.

Government' Exhibit 1082 pgs. 1-3, 7-9 and 19-20 received. s Government' Exhibit 1083 pgs. 1-3 and 7-8 identified, offered and received. s Government' Exhibit 1084 pgs. 1-3 and 7-8 identified, offered and received. s 4:25 p.m. Court in recess.

Trial continued. Total time in court: 6hrs. 11 min.

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