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

Case 1:03-cr-00232-RPM

Document 1054

Filed 11/07/2006

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: November 7, 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-Nine 8:59 a.m. Court in session.

(Defendants Mattar, Grace and Boyd present). 9:00 a.m. Continued direct examination of Ms. Chamberlin by Mr. Carey.

Government' Exhibit 770 identified, offered s 9:01 a.m. to 9:02 a.m. Ms. Grady voir dires Ms. Chamberlin regarding Government' s Exhibit 770.

Government' Exhibit 770 received. s Government' Exhibit 771 identified and offered. s 9:04 a.m. to 9:05 a.m. Ms. Grady voir dires Ms. Chamberlin regarding Government' s Exhibit 771.

Government' Exhibit 771 received. s Reference to Government' Exhibit 273. s Government' Exhibit 1329 identified and offered. s

Case 1:03-cr-00232-RPM

Document 1054

Filed 11/07/2006

Page 2 of 4

November 7, 2006 03-cr-00232-RPM 9:10 a.m. to 9:11 a.m. Mr. Sears voir dires Ms. Chamberlin regarding Government' s Exhibit 1329.

Government' Exhibit 1329 received. s Government' Exhibit 795 identified and offered. s 9:21 a.m. to 9:22 a.m. Mr. Bornstein voir dires Ms. Chamberlin regarding Government' s Exhibit 795. Objection.

Government' Exhibits 789 - 794 identified and referenced. s Government' Exhibit 789 offered and received. s Government' Exhibit 795 received. s Reference to Government' Exhibit 1298. s Government' Exhibit 1384 identified, offered, renewed objection and received. s Government' Exhibit 1391 identified and referenced (complete exhibit not necessary). s Government' Exhibit 573 identified, offered and received. s Government' Exhibits 574, 575, 576, 577, 578, 579, 580 thru 584, 601, 1331, 1473, 1333 s and 1477 identified, offered and received. Reference to Government' Exhibit 483. s Government' Exhibits 767 identified and offered. s 10:19 a.m. to 10:20 a.m. Mr. Sears voir dires Ms. Chamberlin regarding Government' s Exhibit 767.

Government' Exhibit 767 received. s Government' Exhibits 766, 763 and 765 identified, offered and received. s Government' Exhibit 768 identified and offered. s 10:30 a.m. to 10:31 a.m. 10:31 a.m. to 10:32 a.m. Mr. Sears voir dires Ms. Chamberlin regarding Government' s Exhibit 768. Mr. Bornstein voir dires Ms. Chamberlin regarding Government' s Exhibit 768.

Government' Exhibit 768 received. s Government' Exhibit 764 identified, offered and received. s 10:38 a.m. 10:53 a.m. 10:54 a.m. Court in recess. Court in session. Continued direct Examination of Ms. Chamberlin by Mr. Carey.

Reference to Government' Exhibits 1111 and 1114. s Government' Exhibit 1165 identified, offered and received. s Government' Exhibits 1100 and 1073 identified and referenced. s

2

Case 1:03-cr-00232-RPM

Document 1054

Filed 11/07/2006

Page 3 of 4

November 7, 2006 03-cr-00232-RPM Government' Exhibit 1073 offered, objection and received. s Reference to Government' Exhibits 1102, 1053, 1473 and 272. s Government' Exhibits 1145 and 1232 identified, offered, objection and received. s Government' Exhibit 1159 pg. 2 identified and referenced as demonstrative s Government' Exhibit 737, 738, 744, 745, 778, (781 - EMS pymts.), 782, 783, 784 and 786, s identified, offered, objections and received. 11:40 a.m. Cross examination of Ms. Chamberlin by Mr. Sears.

Reference to 556, 1327, 1331 and 1333. 12:05 p.m. 1:20 p.m. Court in recess. Court in session.

Statements by Mr Haried regarding modifications made to Government' Exhibit 390. s 1:22 p.m. Continued cross examination of Ms. Chamberlin by Mr. Sears.

Reference to Government' Exhibits 602, 667, 1539 pg. 2, 776, 777, 1383, 762 and 1331. s Reference to Defendants' Exhibit G-7. 1:44 p.m. Cross examination of Ms. Chamberlin by Ms. Grady.

Reference to Government' Exhibits 556, 610, 1331 and 737-746. s Defendants' Exhibit L-51 identified and offered. 2:06 p.m. to 2:08 p.m. Mr. Carey voir dires Ms. Chamberlin regarding Defendants' Exhibit L-51.

Defendants'Exhibit L-51 received. Defendants'Exhibit L-52 identified, offered and received. Defendants' Exhibits L-18 and L-19 identified and referenced. Reference to Government' Exhibit 879. s Reference to Defendants' Exhibit O-69. 2:31 p.m. Cross examination of Ms. Chamberlin by Mr. Bornstein.

Reference to Government' Exhibit 556. s Reference to Defendants' Exhibit A-8. 2:42 p.m. Government' witness, Olan Beard, sworn. s

Direct examination of Mr. Beard by Mr. Haried.

3

Case 1:03-cr-00232-RPM

Document 1054

Filed 11/07/2006

Page 4 of 4

November 7, 2006 03-cr-00232-RPM Government' Exhibits 409 and 30 identified, offered and received. s Government' Exhibit 410 identified, offered and received as demonstrative. s Reference to Government' Exhibits 28 and 395. s 3:04 p.m. 3:19 p.m. 3:20 p.m. Court in recess. Court in session. Continued direct examination of Mr. Beard by Mr. Haried.

Government' Exhibits 395 and 884. s Government' Exhibit 426 identified, offered and received. s Government' 411 identified and offered. s 3:36 p.m. to 3:37 p.m. Mr. Sears voir dires Mr. Beard regarding Government' Exhibit s 411.

Government' Exhibit 411 received. s Reference to Government' Exhibits 30, 314 1302 and 880. s Government' Exhibits 413, 414, 416 and 419 identified, offered and received. s Government' Exhibit 419 identified, offered, s 4:25 p.m. Cross examination of Mr. Beard by Mr. Sears.

Discussion regarding scheduling, stipulation / affidavit with respect to FDIC reports instead of calling witnesses, procedures with respect to anticipated Rule 29 motions and closing arguments (written submissions including both law and evidence). 4:43p.m. Court in recess. 6 hrs. 29 min.

Trial continued. Total time in court:

4