Filed: Oct. 14, 2015
Latest Update: Oct. 14, 2015
Summary: MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT PRETRIAL CONFERENCE ROBERT E. LARSEN , Magistrate Judge . I. BACKGROUND Pursuant to the order of the Court en banc of the United States District Court for the Western District of Missouri, a pretrial conference was held in the above-entitled cause before me on October 14, 2015. Defendant Weaver appeared in person and with appointed counsel David Guastello. Defendant West appeared by telephone and with appointed counsel Susan Hunt. The Un
Summary: MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT PRETRIAL CONFERENCE ROBERT E. LARSEN , Magistrate Judge . I. BACKGROUND Pursuant to the order of the Court en banc of the United States District Court for the Western District of Missouri, a pretrial conference was held in the above-entitled cause before me on October 14, 2015. Defendant Weaver appeared in person and with appointed counsel David Guastello. Defendant West appeared by telephone and with appointed counsel Susan Hunt. The Uni..
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MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT PRETRIAL CONFERENCE
ROBERT E. LARSEN, Magistrate Judge.
I. BACKGROUND
Pursuant to the order of the Court en banc of the United States District Court for the Western District of Missouri, a pretrial conference was held in the above-entitled cause before me on October 14, 2015. Defendant Weaver appeared in person and with appointed counsel David Guastello. Defendant West appeared by telephone and with appointed counsel Susan Hunt. The United States of America appeared by Assistant United States Attorney John Cowles.
On December 16, 2014, a Superseding Indictment was returned charging both defendants with conspiracy to commit bank fraud, in violation of 18 U.S.C. § 1349. Defendant Weaver was also charged with one count of forfeiture pursuant to 21 U.S.C. § 853.
II. TRIAL COUNSEL
Mr. Cowles announced that he will be the trial counsel for the government; Kate Mahoney will assist. The case agent to be seated at counsel table is Postal Inspector Steve Ryan.
Mr. Guastello announced that he will be the trial counsel for Defendant Weaver.
Ms. Hunt announced that she will be the trial counsel for Defendant West.
III. OUTSTANDING MOTIONS
Defendant West's motion to enter plea by video conference (Doc. No. 315) remains pending.
IV. TRIAL WITNESSES
Mr. Cowles announced that the government intends to call 15 witnesses without stipulations or 15 witnesses with stipulations during the trial.
Mr. Guastello announced that Defendant Weaver intends to call 5-6 witnesses during the trial. Defendant Weaver may testify.
Ms. Hunt announced that Defendant West does not intend to call any witnesses during the trial. Defendant West will not testify.
V. TRIAL EXHIBITS
Mr. Cowles announced that the government will offer approximately 20 exhibits in evidence during the trial.
Mr. Guastello announced that Defendant Weaver will offer approximately 3-4 exhibits in evidence during the trial.
Ms. Hunt announced that Defendant West will not offer any exhibits in evidence during the trial.
VI. DEFENSES
Mr. Guastello announced that Defendant Weaver will rely on the defense of general denial.
Ms. Hunt announced that Defendant West will rely on the defense of general denial.
VII. POSSIBLE DISPOSITION
Mr. Guastello stated this case is probably not for trial.
Ms. Hunt stated this case is probably not for trial as the parties are working to obtain a change-of-plea date.
VIII. STIPULATIONS
Stipulations are not likely.
IX. TRIAL TIME
Counsel were in agreement that this case will take 2 days to try.
X. EXHIBIT LIST, VOIR DIRE AND INSTRUCTIONS
The U. S. Magistrate Judge ordered:
That, in addition to the requirements of the Stipulations and Orders filed June 10, 2014, counsel for each party file and serve a list of exhibits he or she intends to offer in evidence at the trial of this case on the form entitled Exhibit Index and have all available exhibits premarked using the stickers provided by the Clerk of Court by Wednesday, October 14, 2015;
That counsel for each party file and serve requested jury voir dire examination questions by or before noon, Wednesday, October 21, 2015;
That counsel for each party file and serve, in accordance with the requirements of Local Rule 51.1, requested jury instructions1 by or before noon, Wednesday, October 21, 2015. Counsel are requested to provide proposed jury instructions in both hard copy form, as required by Local Rule 51.1, and by e-mail to the trial judge's courtroom deputy.
XI. UNUSUAL QUESTIONS OF LAW
If the case proceeds to trial, Defendant Weaver will likely file a motion in limine concerning 404(b) evidence.
XII. TRIAL SETTING
All counsel and the defendants were informed that this case will be listed for trial on the joint criminal jury trial docket which commences on October 26, 2015.
