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United States v. Liesse

United States District Court, D. Nevada

November 21, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ROBERT LIESSE, Defendant.

          COUNSEL FOR PLAINTIFF: James Keller, AUSA and Andolyn Johnson, AUSA

          COUNSEL FOR DEFENDANT: Chris Frey, AFPD and Kate Berry, AFPD

          PRESENT: THE HONORABLE HOWARD D. McKIBBEN, SENIOR U.S. DISTRICT JUDGE

          MINUTES OF COURT

         PROCEEDINGS: Jury Trial (Day One)

         At 8:30 a.m., the Court convenes.

         AFPD Chris Frey and AFPD Kate Berry are present on behalf of the Defendant. The Defendant (on bond) is not present. Also, present is Sheila Smallwood, FPD Investigator.

         AUSA James Keller and AUSA Andolyn Johnson are present on behalf of the Government. Also, present is Andrew Kwon, Agent, Federal Bureau of Investigation and Judy Godfrey, IT Support Specialist.

         The Court addresses the Defendant's Objection to Transcript (ECF No. 84) and Government's Response thereto (ECF No. 85). Mr. Frey recites objection to the transcript from the first phone call (July 26, 2018 call). The Court determines it will not provide the transcript as an aid to the jury, however, if there is any question as to what is said on the phone call, the Court will permit a witness to explain to the jury what was said.

         Mr. Frey recites further objection to the portions of the July 26, 2018 phone call (Count One) where the Defendant is placed on hold and is discussing firearms. Ms. Johnson recites argument. IT IS ORDERED, the Court RESERVES.

         Mr. Frey recites additional general objections to the instances in the phone calls where the Defendant is placed on hold. Mr. Keller recites argument. The Court recites statements. Mr. Frey responds. IT IS ORDERED, the Court RESERVES.

         Ms. Johnson raises an issue with respect to the elements of the offense. The Court notes it has no problem with questions regarding the reactions of witness, but will not permit use of the precise language of the element of the offense. Ms. Berry briefly responds. The Court will revisit the issue at the time of preparation of the jury instructions.

         The Court addresses an emailed juror note previously sent to the Jury Administrator. Counsel stipulate to the random draw of the jury. The Court recites the emailed note for counsel. The Court and counsel confer. Counsel stipulate to the Court's intention to call the juror to sidebar.

         At 8:44 a.m., the Court stands at recess.

         At 8:47 a.m., the Court reconvenes.

         AFPD Chris Frey and AFPD Kate Berry are present on behalf of the Defendant. The Defendant (on bond) is present. Also, present is Sheila Smallwood, FPD Investigator.

         AUSA James Keller and AUSA Andolyn Johnson are present on behalf of the Government. Also, present is Andrew Kwon, Agent, Federal Bureau of Investigation and Jury Godfrey, IT Support Specialist.

         Counsel stipule to the excusal of randomly drawn Juror #19 due to unforeseen health reasons this date and counsel stipulate to the replacement of Juror #19 with randomly drawn Juror #33 (next in order). The Court readdress the previously discussed juror ...


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