Case 2:18-cr-00422-SMB Document 1266 Filed 09/02/21 Page 1 of 2
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`DISTRICT JUDGE'S MINUTES
`IN THE UNITED STATES DISTRICT COURT
`DISTRICT OF ARIZONA – PHOENIX
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`U.S. District Judge: Susan M. Brnovich
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`Date: September 2, 2021
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`USA v. Lacey et al
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`Case Number: CR-18-00422-PHX-SMB
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`Assistant U.S. Attorneys: Andrew Stone, Peter Kozinets, Margaret Perlmeter, Kevin Rapp,
`Reginald Jones and Daniel Boyle
` Defendant-1: Michael Lacey, Released – Present
` Attorney for Defendant (1): Paul Cambria, Jr., Retained
` Defendant-2: James Larkin, Released – Present
` Attorney for Defendant (2): Thomas Bienert, Jr. and Whitney Bernstein, Retained
` Defendant-3: Scott Spear, Released-Present
` Attorney for Defendant (3): Bruce Feder, Retained
` Defendant-4: John Brunst, Released-Present
` Attorney for Defendant (4): Gary Lincenberg, Retained
` Defendant-6: Andrew Padilla, Released - Present
` Attorney for Defendant (6): David Eisenberg, CJA Appointment
` Defendant-7: Joye Vaught, Released – Present
` Attorney for Defendant (7): Joy Bertrand, CJA Appointment
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`JURY TRIAL – DAY 2:
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`8:36 a.m. Court is in session. Counsel and defendants are present. The jury panel is not present. There
`being no objection, the Court grants the Government’s challenge as to Jurors No. 38, 39 and 45, and said
`jurors are excused. There being no objection, the Court grants the Defendants’ challenge for cause as
`to Jurors No. 34, 44 and 56 and said jurors are excused. Defendants’ challenge for cause as to Jurors No.
`43, 54, and 57 are argued to the Court. The Court sustains the Government’s objection as to said jurors.
`Over objection by the Government, the Court grants the Defendants’ challenge for cause as to Jurors No.
`37, 40, and 46 and said jurors are excused. The Court grants the Government’s challenge as to Juror No.
`30 and said juror is excused. The Court grants the Defendants’ challenge for cause as to Juror No. 14
`and said juror is excused. 9:02 a.m. Jurors 62-77 and 79-93 are present and sworn. Voir dire commences.
`10:30 a.m. Court is in recess.
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`11:00 a.m. Court reconvenes. Counsel and defendants are present. Jury panel is not present. Upon
`agreement from counsel Juror No. 72 will be excused. Over objection by the Government, Juror No. 79
`will be excused. Over objection by the Defendants, Juror No. 89 will be excused. 11:08 a.m. Jury panel
`is present. Jurors No. 70, 72, 79, 81, 86 and 89 are excused. Voir dire continues. 11:59 a.m. Jury panel
`members are excused from the courtroom and court remains in session. Separate discussion held with
`Jurors No. 24 and 27. Jurors No. 24 and 27 are excused from the courtroom. Upon agreement of
`counsel, Jurors No. 8, 9, 17, 26 and 31 are excused. Over objection of the Government, Jurors No. 24
`and 27 are excused. 12:15 p.m. Court is in recess.
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`Case 2:18-cr-00422-SMB Document 1266 Filed 09/02/21 Page 2 of 2
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`USA v. Lacey et al
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`Case Number: CR-18-00422-PHX-SMB
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`Date: September 2, 2021
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`Page 2 of 2
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`1:05 p.m. Court reconvenes. Counsel and defendants are present. The jury panel is present. Voir dire
`continues. 2:41 p.m. Court is in recess.
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`2:56 p.m. Court reconvenes. Counsel and defendants are present. The jury panel is not present. Over
`objection by the Government, Juror No. 80 is excused. Upon agreement of counsel, Jurors No. 63, 82
`and 87 are excused. Over objection by Defendants, Juror No. 75 excused. Over objection by the
`Government, the Court grants the Defendants’ challenge for cause as to Jurors No. 71 and 83 and said
`jurors are excused. 3:24 p.m. Jurors 94-99 are present. Voir dire continues. 4:21 p.m. Jury panel
`members are excused from the courtroom and court remains in session. There being no objection by
`counsel, Juror No. 99 is excused. Juror No. 94 returns to the courtroom and is questioned further by
`counsel. 4:40 p.m. Juror No. 94 is excused from the courtroom and court remains in session. Over
`objection by the Government, the Court grants the Defendants’ challenge for cause as to Juror No. 96.
`There being no objection by the Government, the Court grants the Defendants’ challenge for cause as to
`Juror No. 94. Defendant’s Motion for Use of Back-and-Forth Peremptory Juror Strikes (Doc. 1243) is
`denied. 4:51 p.m. Court is in recess.
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`5:04 p.m. Court reconvenes. Counsel and defendants are present. Jurors 94-98 return to the Courtroom
`and the oath is administered. The Court affirms with each juror individually that the answers given during
`voir dire were truthful. 5:06 p.m. The jury panel is excused until 8:45 a.m. on September 3, 2021.
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`5:07 p.m. Court is in recess until 8:30 a.m. on September 3, 2021.
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`Court Reporter Barbara Stockford (AM)
` Christine Coaley (PM)
`Deputy Clerk Elaine Garcia
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`TD: 6 hrs 43 mins
`Start: 8:36 AM
`Stop: 5:07 PM
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`Page 2 of 2
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