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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: August 18, 2023
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`USA v. Michael Lacey, et al
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`Case Number: CR-18-00422-PHX-DJH
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`Assistant U.S. Attorneys: Kevin Rapp, Austin Berry, Margaret Perlmeter, Andrew Stone, Peter
`Kozinets
`Attorneys for Defendants: Paul J. Cambria Jr., Retained for Defendant Lacey, present; Bruce S. Feder,
`Retained and Eric W. Kessler, CJA for Defendant Spear, present; 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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`STATUS CONFERENCE:
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`9:35 a.m. Status Conference held. Discussion re: Supplemental Juror Questionnaires. The Court’s
`ruling as to the strikes for hardship and cause are as set forth on the record. As to the first set of pre-
`screened jurors, the remaining 83 will report, in addition to 27 from the second set of pre-screened
`jurors, for a total of 110. Order to follow re: reporting prospective Jurors.
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`Discussion held re: additional trial matters. IT IS ORDERED that Defendants’ Objection to Proposed
`Statement of the Case (Doc. 1660) is OVERRULED. The Court will read its revised statement of the
`case at the beginning of trial. IT IS FURTHER ORDERED that the Defendants’ objection to the
`First Amendment jury instruction (Doc. 1657) is OVERRULED. The Court will read to the jury its
`revised First Amendment Instruction as provided to the parties on this date. Counsel is admonished
`that they should confine their opening arguments to comply with Court’s First Amendment jury
`instruction, should they intend to raise it at all. IT IS FURTHER ORDERED that the Court will not
`provide pictures of the testifying witnesses to jurors. IT IS FURTHER ORDERED that 72 hours
`in advance of trial, the parties shall exchange and deliver to the Court their exhibits and, respective
`witness and exhibit lists. IT IS FURTHER ORDERED that within 72 hours of trial, the parties
`shall exchange copies of the exhibits they intend to introduce into evidence. IT IS FURTHER
`ORDERED that no later than 8/24/23, Defendants may file an objection to the Government’s proposed
`limiting instruction as set forth in the Government’s Trial Brief (Doc. 1642 at 10).
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`Court Reporter Hilda Lopez
`Deputy Clerk Liliana Figueroa
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`Start: 9:35 AM
`Stop: 11:39 AM
`Total: 2hrs 4 min
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