Free Jury Trial - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CRIMINAL TRIAL MINUTES CR 04-594-3-PHX-ROS Year Case No. Dft # HON: Roslyn O. Silver USA v. Avila-Anguiano, Marcial Last Name First Name Middle Released X Custody Writ DATE: 8/23/2005 Judge # 7022

DEFENDANT: X Present Deputy Clerk:

Not Present

Kathleen Zoratti

Crt Rptr: David Lee Defense: Phil Seplow FPD X apptd retd Language: / Spanish /VOIR DIRE / /JURY SWORN

U.S.Atty: Joe Koehler Intrptr: Lita Van Duzer/Louis Velasco PROCEEDINGS:/ X /JURY TRIAL Trial Day # 3 /

/COURT TRIAL

Waiver of Jury trial filed

9:06 a.m. Reconvene. Jury not present. Discussion held. 9:08 a.m. Jury enters. Govt's case continues: Roberto Moreno recalled and testifies further. Witness excused. Joseph McMurdy sworn and testifies. Witness excused. Jason Duey sworn and testifies. Witness makes in-court identification of dft. Ex. 27 is marked and admitted. Ex. 1, 20 and 21 admitted. Govt reads stipulation to jury. 10:30 a.m. Recess. 10:48 a.m. Reconvene. Jason Duey resumes testimony. Witness excused. Miguel Hernandez-Lopez sworn and testifies with interpreter. Witness makes in-court identification of dft. Ex. 19 admitted. 11:40 a.m. Jury recesses. Court remains in session. Discussion re scheduling. 11:46 a.m. Recess. 12:20 p.m. Reconvene. Jury not present. Discussion re juror communication with case agent. Juror #11 enters courtroom, is questioned by the Court, and leaves courtroom. Discussion held. 12:28 p.m. Jury enters. Miguel Hernandez-Lopez resumes testimony. 1:33 p.m. Recess. 1:49 p.m. Reconvene. Ex. 18 admitted. Miguel Hernandez-Lopez resumes testimony. Witness excused. 2:50 p.m. Jury recesses. Court remains in session. Discussion held. 2:56 p.m. Recess. 3:19 p.m. Reconvene. Govt reads stipulation to jury. Govt. rests. Defense makes opening statement. Dft's case: Jason Duey is recalled and testifies further. Witness excused. Dft rests. 3:28 p.m. Jury recesses. Court remains in session. Dft's Rule 29 Motion for Directed Verdict argued. The Court denies the motion as set forth on the record. 3:35 p.m. Recess. 3:46 p.m. Reconvene. Jury not present. Discussion re final jury instructions. 3:49 p.m. Jury enters. The jury is instructed by the Court as to the law applicable to this case. 4:25 p.m. Jury recesses until 8/24/05 at 8:30 a.m. Court remains in session. Discussion held. 4:30 p.m. Court stands at recess until 8/24/05 at 8:30 a.m. Counsel are to be present at 8:20 a.m. Case 2:04-cr-00594-ROS Document 88 Filed 08/23/2005 Page 1 of 1