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

Case 1:03-cr-00232-RPM

Document 1010

Filed 10/11/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: October 11, 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 Twenty 8:59 a.m. Court in session.

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

Government' Exhibit 1053 pgs. 1-3 identified, offered and received. s Government' Exhibit 1097 pgs. 1-4 identified, offered and received. s Government' Exhibit 1071 identified and offered. s 9:07 a.m. to 9:08 a.m. Ms. Grady voir dires Ms. Long regarding Government' Exhibit s 1097. Objections.

Government' Exhibit 1071 received. s Government' Exhibit 1117 identified and offered. s 9:13 a.m. to 9:15 a.m. Ms. Grady voir dires Ms. Long regarding Government' Exhibit s 1117.

Government' Exhibit 1117 received. s

Case 1:03-cr-00232-RPM

Document 1010

Filed 10/11/2006

Page 2 of 4

October 11, 2006 03-cr-00232-RPM Reference to Government' Exhibit 1098. s Government' Exhibit 1098 pgs.1 and 3-4, identified and offered. s 9:19 a.m. to 9:20 a.m. Mr. Sears voir dires Ms. Long regarding Government' Exhibit s 1098.

Government' Exhibit 1098 pgs. 1 and 3-4 received. s Government' Exhibit 1099 identified, offered and received. s Reference to Government' Exhibits 1053, 41 and 465. s Government' Exhibit 1150 identified, offered and received. s Government' Exhibit 1173 pgs. 1-4 and 9-10, identified, offered and received. s Government' Exhibits 1171, 923, 1153, 1155 and 1149 identified, offered and received. s Reference to Government' Exhibit 1006. s Government' Exhibit 1058 pgs. 1-2 identified, offered and received. s Government' Exhibit 1057 identified and offered. s 9:58 a.m. to 9:59 a.m. Ms. Grady voir dires Ms. Long regarding Government' Exhibit s 1057. Objections.

Government' Exhibit 1057 pgs. 1 and 4 received. s Reference to Government' Exhibit 1236. s Government' Exhibit 1233 identified and offered. s 10:05 a.m. to 10:06 a.m. Ms. Grady voir dires Ms. Long regarding Government' Exhibit s 1233.

Government' Exhibit 1233 received. s Government' Exhibit 1235 identified, offered and received. s Government' Exhibit 1248 pg. 1 identified, offered and received. s Government' Exhibit 1151 identified and offered. s 10:11 a.m. to 10:13 a.m. 10:14 a.m. to 10:14 a.m. Ms. Grady voir dires Ms. Long regarding Government' Exhibit s 1151. Mr. Bornstein voir dires Ms. Long regarding Government' Exhibit s 1151.

Government' Exhibit 1151 received, redact hand notations and strike through. s 10:15 a.m. 10:30 a.m. 10:31 a.m. Court in recess. Court in session. Continued direct examination of Ms. Long by Mr. Carey.

Reference to Government' Exhibit 1151. s

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Case 1:03-cr-00232-RPM

Document 1010

Filed 10/11/2006

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October 11, 2006 03-cr-00232-RPM Reference to Government' Demonstrative Exhibit 1159. Objections. s Government' Exhibit 1118 identified and offered. s 10:39 a.m. to 10:40 a.m. Mr. Sears voir dires Ms. Long regarding Government' Exhibit s 1118.

Government' Exhibit 1118 received. s Reference to Government' Exhibit 929. s Government' Exhibits1119 identified, offered and received. s Government' Exhibits 1120, 1121, 1123, 1124 and 1125 identified and offered. s 10:45 a.m. to 10:46 a.m. Mr. Sears voir dires Ms. Long regarding Government' Exhibits s 1120, 1121, 1123, 1124 and 1125 .

Government' Exhibits 1120, 1121, 1123, 1124 and 1125 received. s Reference to Government' Exhibit 929. s Government' Exhibit 1034 pgs. 1 and 3 identified, offered and received. s Government' Exhibits 1061 and 1158 identified, offered and received. s 11:00 a.m. Cross examination of Ms. Long by Mr. Sears.

Reference to Government' Exhibits 1151,1168 and 1127. s Reference to Defendants' Exhibit L-32. Government' Exhibits 1411, 1091 and 926 identified, offered and received. s Defendants'Exhibits L-28, Z-16 and Z-17 identified, offered and received. Reference to Defendants' Exhibit L-24 (same as L-28). 12:15 p.m. 1:29 p.m. 1:30 p.m. Court in recess. Court in session. Continued cross examination of Ms. Long by Mr. Sears.

Defendants' Exhibit Z-18 identified, offered and objection sustained. Reference to Government' Exhibits 1061 and 1100. s 1:42 p.m. Cross examination of Ms. Long by Ms. Grady.

Reference to Government' Exhibits 1151, 926, 1168, 1319 and 1054. s Reference to Defendants' Exhibit L-28. Defendants' Exhibit Y-15 identified. Defendants'Exhibits Y-99, Y-100, Y-83 thru Y-96 and Y-97 identified, offered and received. Defendants' Exhibit Y-112 identified and offered. 2:35 p.m. to 2:36 p.m. Mr. Carey voir dires Ms. Long regarding Government' Exhibit s Y-112.

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Case 1:03-cr-00232-RPM

Document 1010

Filed 10/11/2006

Page 4 of 4

October 11, 2006 03-cr-00232-RPM Defendants'Exhibit Y-112 received (bank statement reserve account / exclude pgs. 5, 6 and 11). Reference to Government' Exhibit 1319. s 2:59 p.m. 3:15 p.m. 3:16 p.m. Court in recess. Court in session. Continued cross examination of Ms. Long by Ms. Grady.

Reference to Government' Exhibit 1139. s Defendants' Exhibit Y-104, Y-105 and Y-106 identified and offered. 3:22 p.m. to 3:23 p.m. Mr. Carey voir dires Ms. Long regarding Government' Exhibits s Y-105 through Y-106.

Defendants'Exhibits Y-104, Y-105 and Y-106 received. Reference to Government' Exhibits 1076, 1077 and 1084. s Defendants'Exhibits Y-107, Y-108, Y-109 and Y-110 identified, offered and received. Defendants' Exhibit Y-111 identified and offered. 3:39 p.m. to 3:40 p.m. Mr. Carey voir dires Ms. Long regarding Government' Exhibit s Y-111.

Defendants'Exhibit Y-111 received. Defendants' Exhibit Y-113 identified. Reference to Defendants' Exhibits G-7 through G-155. Reference to Government' Exhibits 1160, 929, 1121 and 1158. s Defendants'Exhibit L-102 identified, offered and received. Defendants' Exhibit L-4 identified and offered. 4:16 p.m. to 4:17 p.m. Mr. Carey voir dires Ms. Long regarding Government' Exhibit s L-4. Objection.

Defendants'Exhibit L-4 received. Government' Exhibit 1133 identified and offered. s 4:23 p.m. to 4:24 p.m. Mr. Carey voir dires Ms. Long regarding Government' Exhibit s 1133.

4:29 p.m.

Court in recess.

Trial continued. Total time in court: 6 hrs. 16 min.

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