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United States v. Palafox,

United States District Court, D. Nevada

October 21, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
PASTOR FAUSTO PALAFOX, ALBERT LOPEZ, ALBERT BENJAMIN PEREZ, JAMES PATRICK GILLESPIE, ERNESTO MANUEL GONZALEZ, BRADLEY MICHAEL CAMPOS, CESAR VAQUERA MORALES, and DIEGO CHAVEZ GARCIA, Defendants.

          COUNSEL FOR PLAINTIFF: Dan Schiess, John Han, and Tracey Batson with Special Agent Matthew Neal, Investigator Peter Grimm, and Officer David Arboreen, Special Agent Matthew Wear

          COUNSEL FOR DEFENDANT: Amy Jacks, Daniel Hill, Andrea Luem, Jess Marchese, Christopher Oram, Shawn Perez, David Fischer, Michael Kennedy, Mark Fleming, Marcia Morrissey, Kathleen Bliss, Ivette Maningo with Tatum Wehr and Lucy Hallett

          THE HONORABLE GLORIA M. NAVARRO, UNITED STATES DISTRICT JUDGE

         MINUTES OF PROCEEDINGS: Jury Trial (Day 37)

         9:22 a.m. The Court convenes outside the presence of the jury. The Court informs the parties that JUROR 8 informed called the Courtroom Deputy regarding a family emergency. There being no objections from counsel, JUROR 8 is excused. The Court and parties discuss pending motions. Motion in Limine to Preclude the Introduction of Lozano's Prior Immunized Testimony, (ECF No. 1908), is DENIED. The Motion in Limine to Preclude Testimony by Government Witness Les Skelton, (ECF No. 1918), is DENIED without prejudice. Mr. Fleming and Mr. Kennedy make further arguments. Mr. Schiess responds. Ms. Luem and Ms. Jacks make argument regarding witness TERRI BEAM. Mr. Schiess indicates the Government will not call this witness today. Mr. Schiess makes representations regarding EXHIBITS 17A and 18A, which the Government intends to use during the testimony of DEBRA GODINEZ. Ms. Jacks and Mr. Kennedy respond. The Court does not issue a ruling at this time on the Motion in Limine to Preclude the Introduction of Testimony Regarding the Mexican Mafia, (ECF No. 1909).

         10:44 a.m. The Court stands at recess for a morning break.

         11:13 a.m. The Court reconvenes outside the presence of the jury. Mr. Hill makes arguments regarding the testimony of DEBRA GODINEZ. Mr. Schiess responds.

         11:18 a.m. The jury enters the courtroom. DEBRA GODINEZ, called on behalf of the Government, is sworn and testifies on direct examination by Mr. Schiess. EXHIBIT 17A & 18A are ADMITTED into evidence. Ms. Jacks conducts cross examination on behalf of Mr. Palafox. The witness is excused.

         11:48 a.m. GLENN GREER, called on behalf of the Government, is sworn and testifies on direct examination by Mr. Schiess. EXHIBITS 299A, 299B, 299C, 299D, 299E, 299F, 299G, 371A, and 371B are ADMITTED into evidence. Mr. Fischer conducts cross examination on behalf of Mr. Gonzalez. EXHIBIT 369 is ADMITTED into evidence. Mr. Schiess conducts redirect examination on behalf of the Government. Mr. Fischer conducts recross examination on behalf of the Government.

         12:38 p.m. The jury is admonished and excused for a morning break.

         12:39 p.m. The Court reconvenes outside the presence of the jury. The Court and parties discuss the questions posed by jury.

         12:44 p.m. GLENN GREER, called on behalf of the Government and previously sworn, responds to questions posed by the jury and read by the Court. The witness is excused.

         12:47 p.m. The jury is admonished and excused for lunch. The Court stands at recess.

         1:35 p.m. RETIRED DETECTIVE LES SKELTON, called on behalf of the Government, is sworn and testifies on direct examination by Mr. Schiess. EXHIBIT 372A, 372B, and 372D are ADMITTED into evidence. Mr. Fleming conducts cross examination on behalf of Mr. Lopez. Mr. Schiess conducts redirect examination on behalf ...


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