Opinion
Criminal Action No. 08-cr-00365-MSK
04-02-2012
UNITED STATES OF AMERICA, Plaintiff, v. 1. MICHAEL ARTHUR GRIGGS, 2. CHARLES HOMER "CHIP" SHARP, 3. JUSTIN SHANE BLACKBURN, 4. MARK R. TROUDT, 5. JASON ALAN CAIN, 6. BRETT DAVID HARDING, 7. PETER T. JENNINGS, 8. MATTHEW KASKEL, 9. GARLAND SCOTT RISDON, and 10. DANIEL JOHN TRAVERS, Defendants, and DISASTER RESTORATION, INC., Intervenor.
Honorable Marcia S. Krieger
SETTING AND TRIAL PREPARATION ORDER
THIS MATTER comes before the Court to confirm the setting of trial and pretrial deadlines.
IT IS HEREBY ORDERED:
This Order may not be modified by agreement of the parties. Upon timely application, however, either or both parties may seek modification as may be necessary to meet a bona fide emergency, to avoid irreparable injury or harm, or as may otherwise be necessary to do substantial justice.
A. TRIAL SETTING
1. This matter has been set for an eight-week trial to a jury of twelve, plus alternates, is commencing July 2, 2012, at 8:30 a.m., in the United States District Court for the District of Colorado, Courtroom A901, Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado. All remaining pretrial motions will be addressed at a hearing on June 7, 2012 at 9:00 a.m.
2. A final pretrial conference/motions hearing is set for June 8, 2012 at 9:00 a.m.
B. TRIAL PREPARATION REQUIREMENTS
1. Conflicts in Scheduling. Continuances of the trial will be granted only in truly exceptional circumstances upon grounds satisfying the provisions of the Speedy Trial Act
2. Motions and Jury Instructions. All motions in limine and proposed jury instructions must be filed no later than the day of and before the final trial preparation conference. All instructions submitted should contain language which is gender neutral or gender correct. Instructions should contain the caption "Instruction No. ___", and the supporting authority, but no other titles or numbers. Parties should submit stipulated facts and summary of the charges in the Indictment/Information as separate jury instructions.
3. Witness List. No later than the day of and before the final trial preparation conference, the Government shall file the final Witness List (form available through the "Judicial Officers' Procedures" link at www.co.uscourts.gov). Please be sure that first and last names are spelled correctly (using capital letters only for proper names) and that any changes in name have been noted, as one copy will be available to the court reporter to avoid the necessity of asking for the spelling of the witness' name.
4. Exhibit List. Prior to the conference, counsel shall confer and agree upon the manner of labeling exhibits. Pursuant to such agreement, no later than the day of and before the final trial preparation conference, the Government will file an Exhibit List (form available through the "Judicial Officers' Procedures" link at www.co.uscourts.gov). If known, demonstrative exhibits and documents used to refresh memory shall be listed on the Exhibit List.
If exhibits are to be presented by CD, they shall be labeled thereon. If they are to be presented in hard copy, labels should be affixed prior to trial. All paper exhibits shall be bound (such as in three-ring notebooks, stapled, or in folders), and the notebook or folder labeled with the following information: (i) caption, (ii) charges, (iii) scheduled date and time, (iv) party's name and designation and (v) "original" or "copy," and delivered to the CRD at the final trial preparation conference.
5. Voir Dire Questions. The Court will conduct voir dire which will be composed of its own questions and those submitted by counsel. Proposed voir dire questions shall be filed no later than the day of and before the final trial preparation conference.
6. Terminology. At least one week before the final trial preparation conference, parties shall file a glossary of any unusual or technical terminology. The glossary should also include names of persons who will be mentioned during the course of trial but are not parties to the litigation. Capitalize proper names, only.
7. Video and Special Equipment. If you intend to use electronic equipment advise the courtroom deputy clerk at least one week before trial and make an appointment for training.
8. Trial Briefs. Briefs requested shall be filed on a date to be set by the Court. Unless otherwise specified, trial briefs shall be limited to 5 pages.
9. Issues to be addressed at the Final Trial Preparation Conference.
The parties shall be prepared to address the following issues:
1) jury selection;
2) sequestration of witnesses;
3) timing of presentation of witnesses and evidence;
4) anticipated evidentiary issues (need for scheduling of hearings outside the presence of the jury);
5) any stipulations as to fact or law; and
6) any other issue affecting the duration or course of the trial.
9. Special Matters Pertaining to this Case
1) The Court will hold four-day trial weeks, beginning on Monday and concluding on Thursday, except for the first week of trial where a public holiday exists. Trial will be held Monday, Tuesday, Thursday and Friday of that week.
2) Given the number of Defendants and the constraints of time, all counsel are instructed to refrain from duplicative questioning of witnesses.
3) The parties are encouraged to cooperate on all non-dispositive procedural matters such as order of witnesses and administrative concerns.
BY THE COURT:
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Marcia S. Krieger
United States District Judge