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United States v. Palafox

United States District Court, D. Nevada

November 7, 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.

         MINUTES OF PROCEEDINGS: JURY TRIAL (DAY 46)

          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

         9:08 a.m. The Court convenes outside the presence of the jury. The Court and parties discuss an out of order witness the Government intends to call this morning. Ms. Batson informs the Court of production of discovery documents.

         9:13 a.m. The jury enters the courtroom. SPECIAL AGENT GEANIE FRANCO, called on behalf of the Government, is sworn and testifies on direct examination by Mr. Schiess. EXHIBIT 131 is ADMITTED into evidence. The witness is excused.

         9:25 a.m. MARK HALEY, called on behalf of the Government and previously sworn, testifies on cross examination by Mr. Kennedy on behalf of Mr. Gonzalez.

         9:36 a.m. The jury is admonished and excused for a morning break.

         9:37 a.m. The Court hears arguments regarding the admissibility of EXHIBIT 7270-1 from Mr. Kennedy. Ms. Batson responds. The objection is overruled in part and granted in part. The defense may play the video clips and the Government will be allowed to play clips to rebut those clips. Ms. Batson requests a limiting instruction. The Court will not provide a limiting instruction on this issue.

         9:51 a.m. The jury enters the courtroom. MARK HALEY, called on behalf of the Government and previously sworn, continues testifying on cross examination by Mr. Kennedy on behalf of Mr. Gonzalez. EXHIBITS 7262, 7270-1, 7270-2, 7270-3, 7270-4, 7270-6, and 7270-7 are marked but not admitted into evidence.

         10:17 a.m. The jury is admonished and excused for a morning break. The Court stands at recess.

         10:45 a.m. The Court reconvenes outside the presence of the jury. The Court hears arguments regarding an objection made by Ms. Jackson to a line of questioning asked of MARK HALEY by Mr. Kennedy. The Court overrules the objection. Ms. Batson responds.

         10:50 a.m. The jury enters the courtroom. MARK HALEY, called on behalf of the Government and previously sworn, continues testifying on cross examination by Mr. Kennedy on behalf of Mr. Gonzalez. EXHIBITS 7263, 7264, 7266, 7269-2, 7270-5, 7270-8, and 7270-9 are marked but not admitted into evidence. Mr. Hill conducts cross examination on behalf of Mr. Palafox. Mr. Fleming conducts ...


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