Free Order on Motion to Exclude - District Court of Colorado - Colorado

Case 1:03-cr-00232-RPM

Document 1033

Filed 10/30/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: October 30, 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-Three 9:00 a.m. Court in session.

(Defendants Mattar, Grace and Boyd present). 9:02 a.m. Government' witness, Susan Runes, sworn. s

Direct examination of Ms. Runes by Mr. Haried. Government' Exhibit 76 identified and offered. s 9:06 a.m. to 9:08 a.m. Mr. Bornstein voir dires Ms. Runes regarding Government' s Exhibit 76. Objection.

Government' Exhibit 76 pgs. 1-5 received. s Government' Exhibits 1433, 1434, 1429 and 1440 identified, offered and received. s Government' 1432 identified and objection sustained. s Government' Exhibits 1276 and 1277 identified and offered. s 9:18 a.m. to 9:19 a.m. Mr. Bornstein voir dires Ms. Runes regarding Government' s Exhibits 1276 and 1277. Objection.

Case 1:03-cr-00232-RPM

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October 30, 2006 03-cr-00232-RPM Government' Exhibit 1277 objection sustained. s Government' Exhibits 1276 and 1431 identified, offered and received. s Government' Exhibit 1425 pgs. 1-10 identified and offered. s 9:23 a.m. to 9:24 a.m. Mr. Bornstein voir dires Ms. Runes regarding Government' s Exhibit 1425. Objection, sustained.

Government' Exhibit 1501 identified, offered, objection sustained. s Government' Exhibit 1427 identified and offered. s 9:27 a.m. to 9:28 a.m. Mr. Bornstein voir dires Ms. Runes regarding Government' s Exhibit 1427.

Government' Exhibit 1427 received. s Government' Exhibit 1300 pg. 1 identified, offered and received. s 9:31 a.m. Cross examination of Mr. Runes by Ms. Grady.

Defendants'Exhibits A-38 through A-83, A-155 through A-166, A-168 and A-169, A-174, G-2 through G-4, A-130 and A-131, identified, offered and received. 9:41 a.m. Cross examination of Ms. Runes by Mr. Bornstein.

Reference to Government' Exhibits 1429, 1433, 1434 and 1427. s Government' Exhibits 1479 through 1500, 1502, 1503, 1505, 1507, 1508 through 1532, s 1298 and 1299 identified, offered and received. Reference to Defendant' Exhibits A-10 and A-11 no identification. s 10:00 a.m. Government' witness, Marsha Bishop, sworn. s

Direct examination of Ms. Bishop by Mr. Carey. Government' Exhibit 359 identified and offered. s 10:07 a.m. to 10:08 a.m. Ms. Grady voir dires Ms. Bishop regarding Government' Exhibit s 359.

Government' Exhibit 359 received. s Government' Exhibit 1022 identified, offered and received. s Government' 1005 pgs. 1-3 and 6 identified and offered. s 10:015 a.m. to 10:17 a.m. Ms. Grady voir dires Ms. Bishop regarding Government' Exhibit s 1005.

Government' Exhibit 1005 pgs. 1-3 and 6 received. s

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October 30, 2006 03-cr-00232-RPM Government' Exhibits 1007, 1029, 1329, 1360 and 1178 identified, offered and received. s Government' Exhibit 459 identified and offered. s 10:27 a.m. to 10:28 a.m. Mr. Smith voir dires Ms. Bishop regarding Government' Exhibit s 459. Objection.

Government' Exhibit 459 received, redact handwritten note pg. 3 s Government' Exhibit 460 identified, offered and received. s 10:31 a.m. 10:48 a.m. Court in recess. Court in session.

Government' Exhibits 1008, 1174, 1408 and 1003 offered, stipulated and received. s Discussion regarding Exhibits. Government' Exhibits 1017, 1001, 1002, 900 and 915 identified, offered and received. s 10:57 a.m. to 10:58 a.m. Mr. Bornstein voir dires Ms. Bishop regarding Government' s Exhibit 903. Objection, sustained. Mr. Bornstein voir dires Ms. Bishop regarding Government' s Exhibit 910.

11:00 a.m to 11:01 a.m.

Government' Exhibit 1455 identified and offered. s 11:07 a.m. to 11:08 a.m. Mr. Smith voir dires Ms. Bishop regarding Government' Exhibit s 1455. Objections.

Government' Exhibit 1455 received. s 11:09 a.m. Cross examination of Ms. Bishop by Mr. Smith.

Defendants' Exhibit J-66 identified, offered and objection sustained. 11:11 a.m. Cross examination of Ms. Bishop by Ms. Grady.

Defendants' Exhibit J-21 identified and offered. 11:26 a.m. to 11:27 a.m. Mr. Carey voir dires Ms. Bishop regarding Defendants' Exhibit J-21.

Defendants'Exhibit J-21 received. Government' Exhibit 1387 identified, offered and excluded. s

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October 30, 2006 03-cr-00232-RPM Government' Exhibit 1355 identified and offered. 11:33 a.m. to 11:33 a.m. Mr. Carey voir dires Ms. Bishop regarding Government' Exhibit s 1355.

Government' Exhibit 1355 received. s Government' Exhibit 1356 identified, offered and received. s Government' Exhibits 1358 and 1359 identified and offered. s 11:35 a.m. to 11:36 a.m. Mr. Carey voir dires Ms. Bishop regarding Government' Exhibit s 1358 and 1359.

Government' Exhibits 1358 and 1359 received. s Reference to Defendants' Exhibit A-174. Defendants' Exhibits A-175 through A-178 identified and offered.

11:40 a.m. to 11:41 a.m.

Mr. Carey voir dires Ms. Bishop regarding Defendants' Exhibits A-174 through A-178.

Defendants'Exhibits A-175 through A-178 received. Reference to Defendants' Exhibits A-10 and A-11 (no i.d.) Reference Defendants' Exhibit G-1. Reference to Government' Exhibits 333 and 303. s Defendants' Exhibit J-43 identified and offered. 11:54 a.m. to 11:55 a.m. Mr. Carey voir dires Ms. Bishop regarding Defendants' Exhibit J-43.

Defendants'Exhibit J-43 received. Defendants' Exhibit J-68 identified and offered. 11:56 a.m. to 11:57 a.m. Mr. Carey voir dires Ms. Bishop regarding Defendants' Exhibit J-68. Objection sustained.

Defendants'Exhibit Y-133 identified, offered and received. 12:00 p.m. 12:11 p.m. Cross examination of Ms. Bishop my Mr. Bornstein. Redirect examination of Ms. Bishop by Mr. Carey.

Defendants'Exhibit A-179 identified, offered and received. 12:13 p.m. Recross examination of Ms. Bishop by Ms. Grady.

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October 30, 2006 03-cr-00232-RPM 12:15 p.m. 1:29 p.m. 1:30 p.m. Court in recess. Court in session. Government' witness, Andrea Loschen, sworn. s

Direct examination of Ms. Loschen by Mr. Carey. Government' Exhibit 120 identified and offered. s 1:38 p.m. to 1:39 p.m. 1:39 p.m. to 1:40 p.m. Ms. Grady voir dires Ms. Loschen regarding Government' Exhibit s 120. Mr. Sears voir dires Ms. Loschen regarding Government' Exhibit s 120.

Government' Exhibit 120 received. s Government' Exhibits 832 through 856 identified, offered and received. s Reference to Government' Exhibit 857 s Government' Exhibit 117 identified and offered. s 1:47 p.m. to 1:48 p.m. Ms. Grady voir dires Ms. Loschen regarding Government' Exhibit s 117.

Government' Exhibit 117 received. s Government' Exhibit 124 identified and offered. s Government' 68 identified, offered and received. s Reference to Government' Exhibit 75 s 1:53 p.m. to 1:54 p.m. Ms. Grady voir dires Ms. Loschen regarding Government' Exhibit s 124.

Government' Exhibit 124 received. s Government' Exhibit 123 identified and offered. s 1:56 p.m. to 2:00 p.m. Ms. Grady voir dires Ms. Loschen regarding Government' Exhibit s 123. Mr. Sears voir dires Ms. Loschen regarding Government' Exhibit s 123.

2:00 p.m. to 2:01 p.m.

Government' Exhibit 123 received. s Government' Exhibit 118 identified and offered. s 2:03 p.m. to 2:06 p.m. Ms. Grady voir dires Ms. Loschen regarding Government' Exhibit s 118.

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October 30, 2006 03-cr-00232-RPM 2:06 p.m. to 2:07 p.m. Mr. Sears voir dires Ms. Loschen regarding Government' s Exhibits 118.

Reference to Government' Exhibit 846. s Government' Exhibit 118 received. s Government' Exhibit 122 identified, offered and received. s Government' Exhibit 119 identified and offered. s 2:15 p.m. to 2:16 p.m. Mr. Bornstein voir dires Ms. Loschen regarding Government' s Exhibit 119.

Government' Exhibit 119 received. s Government' Exhibits 472 and 473 identified, offered and received (cull if duplicate). s 2:28 p.m. Cross examination of Ms. Loschen by Mr. Sears.

Defendants'Exhibit Z-19 identified, offered and received. Reference to Government' Exhibits 120, 124, 123, 119, 118 and 75. s 3:06 p.m. 3:21 p.m. 3:22 p.m. Court in recess. Court in session. Cross examination of Ms. Loschen by Ms. Grady.

Reference to Government' Exhibits 122, 833, 118, 119, 120 and 75. s Reference to Defendants' Exhibit Y-78. 3:47 p.m. Cross examination of Ms. Loschen by Mr. Bornstein.

Reference to Government' Exhibit 120. s 3:53 p.m. Redirect examination of Ms. Loschen by Mr. Carey.

Reference to Government' Exhibits 119 and 118. s 3:56 p.m. Recross examination of Ms. Loschen by Mr. Sears.

Reference to Government' Exhibit 118. s 3:58 p.m. Government' witness, Danita Sprague, sworn. s

Direct examination of Ms. Sprague by Mr. Haried. Government' Exhibit 353 identified, offered and received. s

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Case 1:03-cr-00232-RPM

Document 1033

Filed 10/30/2006

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October 30, 2006 03-cr-00232-RPM Government' Exhibit 354 identified, offered and received as demonstrative. s Reference to Government' Exhibit 815. s Government' Exhibits 473, 574, 475, 476, 481, 482, 483 and 484 identified, offered and s received. Government' Exhibit 358 identified and offered. s 4:15 p.m. to 4:17 p.m. Mr. Sears voir dires Ms. Sprague regarding Government' Exhibit s 358. Mr. Bornstein voir dires Ms. Sprague regarding Government' s Exhibit 358.

4:17 p.m. to 4:18 p.m.

Government' Exhibit 358 received (portion of manual). s Reference to Government' Exhibit 498. s 4:28 p.m. 4:30 p.m. 4:37 p.m. 4:39 p.m. ORDERED: Argument by Ms. Grady [Doc. 1027]. Argument by Mr. Carey. Argument by Mr. Sears. Further argument by Ms. Grady Motion to Exclude Exhibits and Related Testimony, filed October 26, 2006 [1027], is denied, exhibits and related testimony will be dealt with one at a time during the course of the trial. Court in recess.

4:40 p.m.

Trial continued. Total time in court: 6 hrs. 26 min.

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