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

Case 1:03-cr-00128-WYD

Document 293

Filed 02/25/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Date: February 25, 2008 Courtroom Deputy: Robert R. Keech Court Reporter/ECR: Suzanne Claar Prob./Pret.: Interpreter: Richard Vaccaro and Jason Kemp N/A

___________________________________________________________________________ Criminal Case No. 03-cr-00128-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. DANA WEST, Defendant. Walter L. Gerash Harvey A. Steinberg Robert J. Corry, Jr. Counsel: James O. Hearty

___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ HEARING ON GOVERNMENT'S MOTION TO REVOKE BOND AND SET CASE FOR TRIAL and DEFENDANT'S REQUEST FOR RETURN OF BOND 10:29 a.m. Court in Session - Defendant present (in-custody) APPEARANCES OF COUNSEL. Court's opening remarks and review of the history of the case. Government's Motion to Revoke Bond and Set Case for Trial (#285 - 2/12/08) is raised for argument. 10:32 a.m. ORDERED: Argument by Government (Mr. Hearty). Defendant's Motion for Extension of Time to File Response/Reply as to Response in Opposition (#290 - 2/23/08) is GRANTED. Court's inquiries of Probation. 10:37 a.m. Statement on behalf of Probation in response to Court's inquiries (Mr. Kemp).

Case 1:03-cr-00128-WYD

Document 293

Filed 02/25/2008

Page 2 of 3

Judge Wiley Y. Daniel 03-cr-00128-WYD - Courtroom Minutes

10:45 a.m.

Witness Jason Michael Kemp sworn. Court's examination of witness.

10:45 a.m. 11:00 a.m. 11:10 a.m. 11:11 a.m. 11:15 a.m.

Cross examination by Defendant (Mr. Steinberg). Cross examination by Government (Mr. Hearty). Cross examination by Defendant (Mr. Steinberg). Witness excused Argument by Defendant (Mr. Gerash). Court will recess so counsel can meet and confer to discuss a plea agreement.

11:23 a.m. 11:43 a.m. 11:43 a.m. ORDERED: 11:44 a.m. 11:45 a.m. ORDERED: ORDERED:

Court in Recess Court in Session Request by Mr. Steinberg to continue this matter to 4:00 p.m. This matter will be continued to 4:00 p.m. Mr. Steinberg's oral motion to withdraw as counsel. Statement by Defendant on his own behalf (Mr. West). Mr. Steinberg shall file a motion to withdraw. Mr. Steinberg is excused from appearing for the continuation of this hearing at 4:00 p.m. Request by Mr. Vaccaro that Mr. Kemp be excused from the continuation of this hearing at 4:00 p.m. Mr. Kemp is excused from appearing for the continuation of this hearing at 4:00 p.m. Court in Recess Court in Session Discussion regarding status of the plea negotiations and request for two weeks to evaluate the offer by the Government.

11:45 a.m.

ORDERED:

11:46 a.m. 4:12 p.m.

Case 1:03-cr-00128-WYD

Document 293

Filed 02/25/2008

Page 3 of 3

Judge Wiley Y. Daniel 03-cr-00128-WYD - Courtroom Minutes

ORDERED:

Government's Motion to Revoke Bond and Set Case for Trial (#285 - 2/12/08) is DENIED IN PART and DEFERRED IN PART. The motion is DENIED to the extent it seeks to revoke bond and DEFERRED to the extent it seeks to set the case for trial. The $20,000 unsecured bond shall be released to Defendant as soon as possible. Notice of disposition shall be filed not later than Wednesday, March 12, 2008. Statement by Defendant requesting modifications to conditions of bond (Mr. Corr). Defendant shall make any request for modifications of bond through the Probation Department. The court finds that defendant is not likely to flee or be a danger to self or others and it is ORDERED: BOND CONTINUED.

ORDERED:

ORDERED: 4:27 p.m.

ORDERED:

4:32 p.m.

Court in Recess - HEARING CONCLUDED

TOTAL TIME: 1:17