Opinion
Criminal Action No. 12-cr-00010-MSK
03-15-2012
UNITED STATES OF AMERICA, Plaintiff, v. 3. GREGORY A. COLLINS, 4. GEORGE A. GADDY, 5. DELBERT J. GARDNER, 8. ERIC LUGO, 13. COREY L. RILEY, 14. THOMAS A. SCHRAH, JR., 16. CLIFFORD M. WRIGHT, Defendants.
HONORABLE MARCIA S. KRIEGER
Courtroom Deputy: Patricia Glover
Court Reporter: Paul Zuckerman
Parties: Counsel Appearing:
Guy Till
Scott Reisch
Jeffrey Edelman
Scott Jurdem
Dennis Hartley
Ariel Benjamin
Douglas Romero
Timothy Edstrom
Eric Lee
Ronald Hahn
COURTROOM MINUTES
HEARING: Motions
10:08 a.m. Court in session.
Defendants present on bond except for defendants Gardner and Riley, who are present in custody.
The Court addresses:
Defendant Collins' Motion for Disclosure of Confidential Informants (Doc. #282)
Defendant Collins' Motion for Rule 404(b) Evidence (Doc. #283, 284)
Defendant Collins' Motion for Jencks Materials (Doc. #285)
Defendant Collins' Motion for Bruton and James Materials (Doc. #286)
Defendant Lugo's Motion for Discovery of Experts (Doc. #250)
Defendant Lugo's Motion for Disclosure of Promises of Leniency (Doc. #251)
Defendant Lugo's Motion for Disclosure of Informants (Doc. #252)
Defendant Lugo's Motion for Rule 404(b) Evidence (Doc. #253)
Defendant Lugo's Motion for Disclosure of Intention to Offer Evidence
Under Rule 807 (Residual Hearsay) (Doc. #254)
Defendant Schrah's Motion for Disclosure of Offers of Leniency (Doc. #302)
Defendant Schrah's Motion for Disclosure of Confidential Informants (Doc. #303)
Defendant Schrah's Motion for Rule 404(b) Evidence (Doc. #304)
Defendant Schrah's Motion for Disclosure of Intention to Offer Evidence Under Rule 807 (Doc. #305)
10:14 a.m. Court in recess
10:27 a.m. Court in session
ORDER: Defendant Lugo's Motion for Discovery of Experts (Doc. #250); Defendant Lugo's Motion for Rule 404(b) Evidence (Doc. #253); Defendant Lugo's Motion for Disclosure of Intention to Offer Evidence Under Rule 807 (Residual Hearsay) (Doc. #254);Defendant Collins' Motion for Rule 404(b) Evidence (Doc. #283, 284); Defendant Schrah's Motion for Rule 404(b) Evidence (Doc. #304) Defendant Schrah's Motion for Disclosure of Intention to Offer Evidence Under Rule 807 (Doc. #305) are all GRANTED.
ORDER: The Government's Motion for Extension of Time To File Responses (# 316) is GRANTED. The Government's response(s) to the remaining motions (Doc. #282, 285, 286, 251, 252, 302 and 303) will be filed by April 6, 2012.
The Court addresses the motions for continuance (Doc. #193, 209, 249, 205, 295 and 199) and time needed for trial.
Counsel state one week is needed for trial.
ORDER: The Government will submit the remaining discovery to defendant by March 30, 2012.
The Court made specific oral findings justifying a continuance of the trial, which findings are incorporated herein.
ORDER: The ends of justice served by the granting of such continuance outweigh the best interests of the public and the defendant in a speedy trial. The Motions for Continuance (Doc. #193, 209, 249, 205, 295 and 199) are GRANTED. The trial currently set for March 19, 2012 at 1:00 p.m. is VACATED and RESET to July 30, 2012 at 1:30 for one week. All subsequent days of trial begin at 8:30 a.m. unless counsel are advised otherwise. This trial is set junior to another multi week criminal trial and may be tried before a different judge if that trial proceeds. A Trial Preparation Conference is set on July 13, 2012 at 4:00 p.m., all in Courtroom A901, 901 19th Street, Denver, CO.
ORDER: By April 20, 2012, defendants will file all motions, including motions to suppress, and the Government will make its Rule 16 disclosures in compliance with Rule 702 to defendants; by May 11, 2012 the defendants will provide their disclosures under Rules 16 in compliance with Rule 702 and by May 18, 2012 the parties will file any joint 702 Motion. The Government will make its James proffer by May 4, 2012; objections to the James proffer will be made by May 18, 2012 and the joint James proffer and objections will be filed with the Court for determination by May 25, 2012.
ORDER: Further motions hearing is set for May 11, 2012 at 10:00 a.m., in Courtroom A901, 901 19th Street, Denver, CO. This is non-evidentiary hearing that will address all pending motions and set evidentiary hearings, if necessary.
ORDER: Defendants are remanded to the care and custody of the United States Marshal Service and bond is continued for the other defendants as noted.
10:58 a.m. Court in recess.
Total Time: 37 minutes
Hearing concluded.