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

Case 1:03-cr-00232-RPM

Document 1000

Filed 10/05/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: October 5, 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 Seventeen 9:00 a.m. Court in session.

(Defendants Mattar, Grace and Boyd present). Mr. Haried informs the Court that the government retrieved requested materials from Mr. Opp and delivered them to defendants' counsel. 9:02 a.m. to 9:22 a.m. Continued voir dire of Mr. Opp by Ms. Grady regarding Government' Exhibit 386. s Reference to Government' Exhibit 862. s

Government' Exhibit 386 received as illustrative (methodology). s Government' Exhibit 389 identified and offered. s 9:25 a.m. to 9:26 a.m. 9:26 a.m. to 9:29 a.m. Mr. Sears voir dires Mr. Opp regarding Government' Exhibit 389. s Ms. Grady voir dires Mr. Opp regarding Government' Exhibit s 389. Objections.

Counsel stipulate that objections by one defendant are joined in by all defendants with respect to Rule 702, Rule 402, exhibits offered and this witness.

Case 1:03-cr-00232-RPM
October 5, 2006 03-cr-232-RPM

Document 1000

Filed 10/05/2006

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Government' Exhibit 389 received. s Government' Exhibit 390 identified and offered. s 9:35 a.m. to 9:36 a.m. 9:36 a.m. to 9:49 a.m. Mr. Sears voir dires Mr. Opp regarding Government' Exhibit 390. s Ms. Grady voir dires Mr. Opp regarding Government' Exhibit s 390. Objections.

Court instructs government to change Government' Exhibit 390 to accurately reflect s witnesses testimony / analysis. Reference to Government' Exhibit 862. s Government' Exhibit 391 identified and offered (modified). s 9:58 a.m. to 10:05 a.m. 10:06 a.m. to 10:07 a.m. Ms. Grady voir dires Mr. Opp regarding Government' Exhibit s 391. Mr. Sears voir dires Mr. Opp regarding Government' Exhibit 391. s Objections.

Government' Exhibit 391 received pending modification as instructed. s Government' Exhibit 392 identified and offered. s 10:10 a.m. to 10:18 a.m. 10:18 a.m. to 10:20 a.m. Ms. Grady voir dires Mr. Opp regarding Government' Exhibit s 392. Mr. Mr. Sears voir dires Mr. Opp regarding Government' Exhibit s 392. Objection.

Government' Exhibit 392 received pending modification / qualifier as instructed. s 10:22 a.m. 10:37 a.m. 10:38 a.m. Court in recess. Court in session. Continued direct examination of Mr. Opp by Mr. Haried.

Government' Exhibit 393 identified and offered. s 10:41 a.m. to 10:42 a.m. 10:42 a.m. to 10:44 a.m. Mr. Sears voir dires Mr. Opp regarding Government' Exhibit 393. s Ms. Grady voir dires Mr. Opp regarding Government' Exhibit s 393. Objections / sustained Rule 402.

Government' Exhibit 394 pg. 1 identified and offered. s 10:52 a.m. to 10:53 a.m. Ms. Grady voir dires Mr. Opp regarding Government' Exhibit s 394. Objections.

Government' Exhibit 394 pg. 1 received. s Government' Exhibit 394 pg. 2 received. s

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Case 1:03-cr-00232-RPM

Document 1000

Filed 10/05/2006

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October 5, 2006 03-cr-232-RPM Government' Exhibit 395 identified and offered. s 11:00 a.m. to 11:01 a.m. 11:01 a.m. to 11:06 a.m. Mr. Sears voir dires Mr. Opp regarding Government' Exhibit 395. s Ms. Grady voir dires Mr. Opp regarding Government' Exhibit s 395.

Government' Exhibit 395 received with the modification as directed. s Government' Exhibit 396 identified and offered. s 11:10 a.m. to 11:11 a.m. 11:11 a.m. to 11:15 a.m. Mr. Sears voir dires Mr. Opp regarding Government' Exhibit 396. s Ms. Grady voir dires Mr. Opp regarding Government' Exhibit s 396. Objections.

Government' Exhibit 396 received. s Government' Exhibit 397 identified and offered. s 11:17 a.m. to 11:18 a.m. 11:18 a.m. to 11:26 a.m. Mr. Sears voir dires Mr. Opp regarding Government' Exhibit 397. s Ms. Grady voir dires Mr. Opp regarding Government' Exhibit 397 s Objections.

Government' Exhibit 397 received. s Government' Exhibit 398 identified and offered. s 11:28 a.m. to 11:31 a.m. 11:31 a.m. to 11:32 a.m. 11:32 a.m. to 11:33 a.m. Mr. Sears voir dires Mr. Opp regarding Government' Exhibit 398. s Ms. Grady voir dires Mr. Opp regarding Government' Exhibit 398 s Further voir dire by Mr. Sears. Objections.

Government' Exhibit 398 received. s Government' Exhibit 399 identified. s Reference to Government' Exhibit 401. s 11:41 a.m. to 11:42 a.m. 11:42 a.m. to 11:43 a.m. Mr. Sears voir dires Mr. Opp regarding Government' Exhibit 399. s Ms. Grady voir dires Mr. Opp regarding Government' Exhibit s 399. Objections.

Government' Exhibit 399 received. s Government' Exhibit 405 identified and offered. s *Reference to Government' Exhibits 331 and 333. s 11:46 a.m. to 11:47 a.m. Mr. Sears voir dires Mr. Opp regarding Government' Exhibit 405. s Objection.

Government' Exhibit 405 received include references * above. s Government' Exhibit 361 identified and offered. s

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Case 1:03-cr-00232-RPM

Document 1000

Filed 10/05/2006

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October 5, 2006 03-cr-232-RPM 11:53 a.m. to 11:55 a.m. 11:55 a.m. to 11:59 a.m. Mr. Sears voir dires Mr. Opp regarding Government' Exhibit 361. s Ms. Grady voir dires Mr. Opp regarding Government' Exhibit s 361. Objections.

Government' Exhibit 361 received. s 12:00 p.m. 1:45 p.m. 1:46 p.m. Court in recess. Court in session. Cross examination of Mr. Opp by Mr. Sears.

Reference to Government' Exhibit 367. s Defendants'Exhibits Z-9, Z-10, Z-12, Z-13, Z-14, Z-15 and O-73 identified, offered and received. Reference to Defendants' Exhibit O-70. 3:10 p.m. 3:25 p.m. 3:26 p.m. Court in recess. Court in session. Cross examination of Mr. Opp by Ms. Grady.

Defendants'Exhibits Y-71, O-69, Y-77, O-87, O-88, O-78 and O-79 identified, offered and received. Reference to Government' Exhibits 396, 367 and 369. s 4:16 p.m. 4:28 p.m. 4:35 p.m. Cross examination of Mr. Opp by Mr. Bornstein. Discussion regarding scheduling. Court in recess.

Trial continued. Total time in court: 5 hrs. 50 min.

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