Free Evidentiary Hearing - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CRIMINAL MINUTES/ EVIDENTIARY/STATUS HEARING

Phoenix Division CR 04-00820-ALL-PHX-FJM Year Case No. Dft # HON: FREDERICK J. MARTONE USA v. Sloniker, Harvey, Jr., et al Last Name First Name DATE: 12/9/2005

Judge # 7028

Middle Initial

Deputy Clerk: Joella Baldwin Court Reporter: Linda Schroeder-Willis U.S Atty: Rachel Hernandez and Gary Restaino Dft counsel: Bruce Blumberg (Ret) for defendant (01) - present/ in custody Dft counsel: Gregory Parzych (CJA) for defendant (02) - present/released Dft counsel: Michael Bresnehan (CJA) for defendant (03) - presence waived Dft counsel: Jeanette Elizabeth Alvarado (AFPD) for defendant (04) - presence waived Dft counsel: Ivan Mathew (Ret) for defendant (05) - presence waived Dft counsel: Thomas Hoidal (Ret) for defendant (06) - present/released ============================================================================= This is the time set for Evidentiary hearing re: Defendant's (06) Motion to Suppress Statements and Evidence [doc 111]. As a matter of housekeeping, IT IS ORDERED denying on grounds of mootness: Defendant (06) Motion for Joinder in Defendant's Nail's Motion to Preclude Testimony of Expert Witnesses [doc 179]; Motion for Joinder in Defendant Robert Shinn's Motion to Preclude Testimony of Expert Witnesses [doc 180]; and Defendant (03) Motion for Joinder in Nail's Motion to Preclude Testimony of Expert Witnesses [doc 181]. IT IS FURTHER ORDERED Defendant (05) Motion for Joinder in Defendant's Motion to Extend Time to File Pretrial Motions [doc 105] is mooted by docket numbers 114 and 123. IT IS FURTHER ORDERED denying on grounds of mootness, Defendant (06) Motion for Joinder in Motion to Extend Time to File Pretrial Motions [doc 110] and docket entry 103. IT IS FURTHER ORDERED granting Defendant (03) Motion to Waive Defendant Jonagan's Presence at Suppression hearing and Status Conference [doc 191]; Defendant (04) Motion to Be Absent at Status Conference [doc 190]; Defendant (05) Motion to Be Absent at Status Conference [doc 189].

Case 2:04-cr-00820-FJM

Document 194

Filed 12/09/2005

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Government's Motion to Admit Evidence Evidence Pursuant to Rule 404(b) filed on 11/30/2005 [doc 188] is not yet ripe and defense counsel Mr. Blumberg for defendant (01) and Mr. Parzych for defendant (02) shall file any response no later than December 16, 2005. Evidentiary hearing re: Motion to Suppress Statements and Evidence: Richard Wendel Robinson is sworn and examined. Exhibit No. 1 is admitted. IT IS ORDERED taking Under Advisement Mr. Hoidal's oral Request for Jenks statements pursuant to Rule 12(h), oral motion to strike testimony of witness pursuant to Rule 26.3(e). Exhibit Nos. 101, 103, and 104 are admitted. IT IS ORDERED denying defendant's Motion to Strike, subject to a Motion for Reconsideration in light of the simultaneous memoranda to be filed no later than December 16, 2005. Argument. IT IS ORDERED taking this matter under advisement. Defense counsel, Mr. Hoidal orally moves to continue the 2/7/2006 trial date. Mr. Blumberg presents written motion to continue trial [doc 193]. Mr. Parzych, Mr. Bresnehan, and Mr. Mathew joins in motion to continue based on the statements of counsel. IT IS ORDERED denying the collective motions to continue trial. Final pretrial conference date remains: 1/23/2006; firm trial date remains 2/7/2006 at 9:00 a.m. Total court time: 1 hr. 40 min.

Case 2:04-cr-00820-FJM

Document 194

Filed 12/09/2005

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