Free Motion 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: 10-25-05

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: John Sears with defense experts Suzane Doucette and Brock Bevell X Appt'd Language: Interpreter: ============================================================================= Also present: Debra Hill (cja) and Larry Hammond (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 for Dft 4 Paul Eppinger (present; custody) James Belanger (cja) and Billy Blackburn (cja) for Dft 5 Angel Rivera (present; custody) Billy Blackburn and James Belanger appearing for Daniel Maynard (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 # 1

9:15 a.m. This is the time set for Evidentiary Hearing re: Defendants' Joint Motion to Suppress All Evidence Derived from CWT 215 and CWT 216 [doc. 1042]. Argument presented re: Defendant Felipe Cisneros' Petition for Writ of Habeas Corpus ad Testificandum re: Jack Sepulveda [docs. 1305 and 1306]. For reasons as stated on the record, IT IS ORDERED granting Defendant's Petition [docs. 1305 and 1306]. The Court directs the Clerk of Court to issue a writ of habeas corpus ad testificandum. If the Court determines that the witness does not have relevant testimony to provide, the writ can be cancelled. Possible unavailability of Government's witness, Detective Saldate, is discussed. Opening statements. Defendant's case: Clint Davis is sworn and examined.

Case 2:03-cr-00730-SRB

Document 1320

Filed 10/25/2005

Page 1 of 2

10:36 a.m. Recess. 11:12 a.m. Reconvene. Clint Davis is examined further. Exhibit 1 is admitted. 12:10 p.m. Recess. 1:20 p.m. Reconvene. Clint Davis is examined further. 2:30 p.m. Recess. 2:51 p.m. Reconvene. Clint Davis is examined further. Exhibits 5 through 16, 53, 54 and 69 are admitted. Witness is excused. The Court advises counsel pending pretrial matters will be discussed this week, i.e., issue of anonymous jury, hardship excusals. 4:44 p.m. Court stands at recess until 9:00 a.m., 10/26/05.

Case continued to:

10/26/05

for further hearing.

Case 2:03-cr-00730-SRB

Document 1320

Filed 10/25/2005

Page 2 of 2