Free Response to Motion - District Court of Colorado - Colorado

Case 1:03-cr-00232-RPM

Document 1023

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 RESPONSE TO GRACE'S MOTION FOR A PRECISE WITNESS LIST

The United States of America, by Michael P. Carey and John M. Haried, Assistant U.S. Attorneys, submit the following response to defendant Grace's motion for a precise witness list, Docket #1019: 1. The government has complied with the Court's order to give the defendants the names of and potential exhibit numbers for witnesses 48 hours in advance. In many instances, the government has given notice more than 48 hours in advance. Already the government has given the defendants the names and exhibit lists of five (5) witnesses who have not yet testified.

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2.

On July 10, 2006, the government gave the defendants and Court its list of potential witnesses. On September 15, in a communication to the defendants, the government modified that list by naming three witness it was unlikely to call, and naming three other witnesses it may call whose names were not on the July 10 list.

3.

Defendant Grace claims that the government has provided different information to different defendants. That claim is not true. Before trial, all parties agreed to use emails to communicate, and to copy all emails to all parties. Today, undersigned counsel asked Mr. Sears to identify which communication had not gone to all defendants. He specified an email eliminating witness Caplice and adding witness Khanna. That was the September 15 email described above in paragraph 2, a copy of which is attached to this pleading. As the header information shows, it was sent to all defendants' attorneys.

4.

Today we still do not know whether Mr. Sears' health will permit us to continue trial on October 30, or whether, if we go forward, we will have full or partial trial days. W e were scheduled to have trial on Friday, October 13, and Tuesday, October 17, but those days were vacated on Thursday, October 12, at the defendant's request. That day the government sent home from Denver two witnesses who were waiting to testify, one from 2

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Florida and the other from Texas. The government is committed to a schedule that accommodates Mr. Sears' health condition. However, that schedule, coupled with three cross-examinations of each witness of varying lengths, makes it very difficult to schedule witnesses very far in advance. 5. The task of scheduling witnesses is further complicated by the fact that the government does not know ­ until each witness is finished ­ what issues the defendants have raised in cross-examination. To the extent possible, the government seeks to eliminate witnesses whose testimony does not address facts in issue ­ and the defendants' cross-examinations, in large part, set that agenda. 6. In short, the government has complied with and will continue to comply with the 48-hours-notice order. The defendants have the complete list of witnesses. However, under the uncertain and constantly changing schedule of this trial, designation of which witnesses will be called and in what precise order is unwarranted.

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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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Document 1023

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CERTIFICATE OF SERVICE I hereby certify that on this 18 TH day of October, 2006, I electronically filed the foregoing GOVERNMENT'S RESPONSE TO GRACE'S MOTION FOR AMENDED WITNESS LIST 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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