Opinion
Case No.: 09-00193-01-CR-W-ODS
10-05-2011
UNITED STATES OF AMERICA, Plaintiff, v. WAYNE E. GORDON, Defendant.
MEMORANDUM OF MATTERS DISCUSSED AND
ACTION TAKEN AT PRETRIAL CONFERENCE
Pursuant to the order of the Court en banc of the United States District Court for the Western District of Missouri, a pretrial conference was held in the above-entitled cause before me on October 5, 2010. Defendant Gordon appeared in person and with retained counsel Daniel Ross. The United States of America appeared by Assistant United States Attorney Michael Green.
I. BACKGROUND
On June 23, 2009, an indictment was returned charging Defendant with one count of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) & 924(a)(2).
The following matters were discussed and action taken during the pretrial conference:
II. TRIAL COUNSEL
Mr. Green announced that he will be the trial counsel for the government. The case agent to be seated at counsel table Darrell Reach, Kansas City, Missouri Police Department.
Mr. Ross announced that he will be the trial counsel for Defendant Gordon. Heather Dillmans, paralegal, will assist.
III. OUTSTANDING MOTIONS
The following motion remains pending:
• Defendant's Motion to Suppress (Doc. No. 52); R&R filed 10/05/11 (Doc. No. 65).
IV. TRIAL WITNESSES
Mr. Green announced that the government intends to call 10-15 witnesses without stipulations or 7-10 witnesses with stipulations during the trial.
Mr. Ross announced that Defendant Gordon does not intend to any witnesses during the trial. Defendant may testify.
V. TRIAL EXHIBITS
Mr. Green announced that the government will offer approximately 15 exhibits in evidence during the trial.
Mr. Ross announced that Defendant Gordon will not offer any exhibits in evidence during the trial.
VI. DEFENSES
Mr. Ross announced that Defendant Gordon will rely on the defense of general denial.
VII. POSSIBLE DISPOSITION
Mr. Ross stated this case is probably not for trial.
VIII. STIPULATIONS
Stipulations are likely as to Defendant's prior felony conviction and the interstate nexus of the firearm.
IX. TRIAL TIME
Counsel were in agreement that this case will take two days to try.
X. EXHIBIT LIST, VOIR DIRE AND INSTRUCTIONS
The U. S. Magistrate Judge ordered:
That, in addition to the requirements of the Stipulations and Orders filed September 11, 2009, counsel for each party file and serve a list of exhibits he intends to offer in evidence at the trial of this case on the form entitled Exhibit Index and have all available exhibits premarked using the stickers provided by the Clerk of Court by October 12, 2011;
That counsel for each party file and serve requested jury voir dire examination questions by or before noon, Wednesday, October 19, 2011;
That counsel for each party file and serve, in accordance with the requirements of Local Rule 51.1, requested jury instructions by or before noon, Wednesday, October 19, 2011. Counsel are requested to provide proposed jury instructions in both hard copy form, as required by Local Rule 51.1, and by e-mail to the trial judge's courtroom deputy.
Counsel in all cases assigned to be tried before Chief Judge Fernando Gaitan, Jr., as reflected in the trial letter, shall meet and prepare a packet of agreed proposed jury instructions to be submitted to Judge Gaitan and e-mailed to marylynn_shawver@mow.uscourts.gov and rhonda_enss@mow.uscourts.gov by October 21, 2011. To the extent there are disagreements to certain instructions, each attorney shall tab and submit his or her preference on those instructions. The instructions shall be listed in the order they are to be given.
XI. UNUSUAL QUESTIONS OF LAW
No motions in limine are anticipated. There are no unusual questions of law.
XII. TRIAL SETTING
All counsel and Defendant were informed that this case will be listed for trial on the joint criminal jury trial docket which commences on October 24, 2011.
ROBERT E. LARSEN
United States Magistrate Judge
Kansas City, Missouri
October 5, 2011
cc: Mr. Kevin Lyon