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: 8/18/2005 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 # 2 /

/COURT TRIAL

Waiver of Jury trial filed

8:38 a.m. Reconvene. The jury is preliminarily instructed by the Court. Opening statement by Govt. 9:10 a.m. Recess. 9:25 a.m. Reconvene. Govt's case: Ex. 1-24 marked for identification. Jose Luis Alvares-Mendes sworn and testifies with interpreter. Witness excused. Marlon Munguia sworn and testifies. Ex. 2 and 3 admitted. Witness excused. Thomas Frye sworn and testifies. Witness excused. John Dyck sworn and testifies. Ex. 4-16 admitted. Ex. 19 offered. 10:27 a.m. Recess. 10:43 a.m. Reconvene. John Dyck resumes testimony. Witness excused. Manuel Alvarez-Lopez sworn and testifies with interpreter. Ex. 25 and 26 marked and admitted. 11:14 a.m. Recess. 11:37 a.m. Reconvene. Manuel Alvarez-Lopez resumes testimony. 11:39 a.m. Jury leaves courtroom while court remains in session. 11:45 a.m. Jury enters. Manuel Alvarez-Lopez resumes testimony. Witness makes in-court identification of dft. Ex. 17 and 18 offered. Ex. 17 admitted. 11:56 a.m. Recess. 1:30 p.m. Reconvene. Manuel Alvarez-Lopez resumes testimony. 2:55 p.m. Recess. 3:24 p.m. Reconvene. Manuel Alvarez-Lopez resumes testimony. Govt permitted to call witnesses out of order. Carmen Calvillo sworn and testifies with interpreter. Witness makes in-court identification of dft. Witness excused. Robert Rye sworn and testifies. Witness makes in-court identification of dft. Ex. 23 admitted. Witness excused. Roberto Eric Moreno sworn and testifies. Ex. 22 and 24 admitted. Witness excused. Manuel Alvarez-Lopez resumes testimony. Witness excused. 4:41 p.m. Jury recesses until 8/23/05 at 9:00 a.m. Court remains in session. Discussion held re final jury instructions. Status hearing re jury instructions set for 8/22/05 at 3:30 p.m. 4:45 p.m. Court stands at recess until 8/23/05 at 9:00 a.m. Case 2:04-cr-00594-ROS Document 86 Filed 08/18/2005 Page 1 of 1