Free Evidentiary Hearing - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CRIMINAL MINUTES

Phoenix Division CR 03 / 730 / PHX SRB Year Case No. Dft # HON: SUSAN R. BOLTON DATE: 10-28-05

Judge # 7026

USA v. Cisneros, Luis, et al. (see below) Last Name First Name Middle Initial DEFENDANT: X Present Not Present Released X Custody Deputy Clerk: Maureen Williams Crt Rptr/ECR Kim Moll

Writ

U.S Atty: Gregory Fouratt and Glenn McCormick with case agents Dennis Kintigh and Scott Meloche Dft counsel: Peter Schoenburg with defense experts Suzane Doucette and Brock Bevell X Appt'd Language: Interpreter: ============================================================================= Also present: Debra Hill (cja) for Dft 2 Felipe Cisneros (present; custody) James Park (cja) for Dft 3 Raymond Llamas (present; custody) Michael Bernays (cja) and Joseph St. Louis (cja) for Dft 4 Paul Eppinger (present; custody) Billy Blackburn (cja) and James Belanger (cja) for Dft 5 Angel Rivera (present; custody) Daniel Maynard [not present] (cja) for Dft 8 Lorena Cisneros (present; custody) Michael Terribile (cja) for Dft 9 Benjamin Austin (not present; released) Carmen Fischer (cja) for Dft 10 Richard Trujillo (present; custody) Barbara Hull (cja) for Dft 12 Juan Reyes (present; custody) PROCEEDINGS: X Open Court Hearing Day # 4

9:03 a.m. Reconvene. Defendant's case (continued): David Alster is sworn and examined. Witness is excused. Suzane Doucette, previously sworn and examined, is examined further. 9:58 a.m. Recess. 10:20 a.m. Reconvene. Discussion held re: Detective Saldate and potential witness Ken Porter. Defendants' request for the disclosure of the names of confidential sources 1, 3 and 4 in order for them to be called to testify is discussed. Counsel are provided a copy of the jury administrator's cover letter and a blank copy of juror qualification questionnaire and said forms are discussed. At the request of defense counsel Belanger, designated counsel from both sides will review the questionnaires the jury administrator has determined falls within the nine objective criteria. If counsel objects to certain jurors being excused, the Court will review said questionnaires.

Case 2:03-cr-00730-SRB

Document 1326

Filed 10/28/2005

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The week of 11/1/05 the Court will be reviewing the hardship questionnaires that fall outside the nine objective criteria. Designated counsel from both sides may review the Court's hardship excusals for objection. Government's Motion for Anonymous Jury is discussed. Defense counsel request an evidentiary hearing on said motion. Until the Court has resolved said motion, any questionnaires that counsel review will not reflect the juror's name or address. Case specific questionnaire discussed. The Court, Mr. Fouratt and possibly another U.S. Attorney, Mr. Bernays and Ms. Fischer will meet off the record on 11/3/05 at 9:00 a.m. to compile the case specific questionnaire. At the request of defense counsel Hill, IT IS ORDERED the Stage 3 Budget requests be submitted by Noon, 11/21/05, and by 3:00 p.m., 11/21/05 for counsel Sears and Schoenberg. Court and counsel determine the following issues need to be addressed after the above-stated matters are resolved: the joint discovery report, motion for hearing re: eyewitness identification, motion re: admissibility of co-conspirators' statements and motion to sever (fully briefed). Discussion held re: scheduling of the continued evidentiary hearing. Defense counsel St. Louis is to contact this court to advise if the matter can be set either on 11/15/05, 11/16/05, 11/17/05. After the completion of the evidentiary hearing, the joint discovery report is to be discussed as well as the setting of motions deadline re: 404B and Daubert issues. Defense counsel Schoenberg advises the Court a motion to challenge the jury composition and motions in limine will be filed. 12:10 p.m. Court stands at recess.

Case 2:03-cr-00730-SRB

Document 1326

Filed 10/28/2005

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