Case 2:18-cr-00422-DJH Document 1650 Filed 07/27/23 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: Diane J. Humetewa
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`Date: July 27, 2023
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`USA v. Michael Lacey et al
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`Case Number: CR-18-00422-001-PHX-DJH
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`Assistant U.S. Attorneys: Andrew C. Stone, Austin Berry, Kevin M. Rapp, Margaret Perlmeter,
`Peter Kozinets
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`Attorney for Defendants: Paul J. Cambria Jr., Retained for Defendant Lacey, present; Joseph N. Roth,
`Sarah P. Lawson, Timothy J. Eckstein, Retained for Defendant Larkin, present; Bruce S. Feder,
`Retained and Eric W. Kessler, CJA for Defendant Spear, present; Gary S. Lincenberg, Gopi K.
`Panchapakesan, Retained for Defendant Brunst, present; David S. Eisenberg, CJA for Defendant
`Padilla, present telephonically; Joy M. Bertrand, CJA for Defendant Vaught, present telephonically.
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`Defendants: ☒ Present ☐ Not Present ☐ Released ☐ Custody ☐ Summons ☐ Writ
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`FINAL PRETRIAL CONFERENCE:
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`1:04 p.m. Final Pretrial Conference held. Counsel and Defendants present. Trial logistics and schedule
`discussed. Trial will be in recess on Friday, September 29, 2023. Mr. Lincenberg’s objections to the
`trial schedule are overruled. Mr. Eckstein’s renewed oral Motion to Continue Trial is denied. The Court
`will sit 16 jurors. Defendants will have 15 strikes total and the Government will have 9 strikes. Strikes
`will be simultaneous. Motions in Limine discussed.
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`As set forth on the record, IT IS ORDERED that the Government’s Motion in Limine to Preclude
`Defense from Arguing Legality of Ads (Doc. 1592) is DENIED without prejudice, subject to further
`objection at trial. IT IS FURTHER ORDERED that the Government’s Motion in Limine to Preclude
`Defense from Commenting on Legitimacy of Prosecution (Doc. 1598) is GRANTED to the extent it
`relates to the following statement at issue in the Motion: “When you have the law and the facts on your
`side, you go to civil court, when you don’t, you take people’s money so that they can’t defend
`themselves and you bring a criminal charge.” IT IS FURTHER ORDERED that the Government’s
`Motion in Limine to Preclude Defense from Referencing Craigslist Meetings with Attorneys General
`(Doc. 1600) is DENIED without prejudice, subject to further objection at trial. 2:07 p.m. Recess.
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`2:26 p.m. Court reconvenes. Counsel and Defendants present. Discussion held re: Jury Instructions.
`IT IS ORDERED that by July 31, 2023, Defendants may file a supplemental motion no longer than
`seven (7) pages regarding the draft Travel Act jury instructions and specific references to state law. The
`Government shall respond by August 2, 2023. No reply is permitted.
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`Juror Questionnaires discussed. Upon review of the parties’ stipulated strikes, IT IS ORDERED
`striking said stipulated jurors. Disputed strikes discussed. 4:06 p.m. Recess.
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`Case 2:18-cr-00422-DJH Document 1650 Filed 07/27/23 Page 2 of 2
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`USA v. Michael Lacey
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`Case Number: CR-18-00422-001-PHX-DJH
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`Date: July 27, 2023
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`Page 2 of 2
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`4:24 p.m. Court reconvenes. Counsel and Defendants present. Disputed strikes discussed. The Court’s
`ruling as to the disputed strikes for hardship and cause are set forth on the record. The remaining jurors
`will be scheduled to report for jury selection. Additional trial logistics discussed.
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`IT IS ORDERED setting a Hearing for August 4, 2023, at 1:00 PM in the Special Proceedings
`Courtroom, 401 West Washington Street, Phoenix, AZ 85003. The Court will take up the statement of
`the case, permit the parties to make a record on the finalized jury instructions, and address miscellaneous
`issues related to the trial. 6:58 p.m. Recess.
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`Court Reporter Hilda Lopez
`Deputy Clerk Liliana Figueroa
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`Start: 1:04 PM
`Stop: 6:58 PM
`Total: 5hrs 17min
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