Case 2:18-cr-00422-DJH Document 1977 Filed 11/16/23 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: November 16, 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, Daniel Boyle, Joseph Bozdech
`Attorneys for Defendants: Paul J. Cambria Jr., Retained for Defendant Lacey, present; Bruce S. Feder,
`Retained (Knapp) and Eric W. Kessler, CJA for Defendant Spear, present; Gary S. Lincenberg, and
`Gopi Panchapakesan, Retained for Defendant Brunst, present; David S. Eisenberg, CJA for Defendant
`Padilla, present; Joy M. Bertrand, CJA for Defendant Vaught, present.
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`Defendants: ☒ Present ☐ Not Present ☒ Released ☐ Custody ☐ Summons ☐ Writ
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`JURY TRIAL (Day 34):
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`(9:12 a.m. Jury resumes deliberations and informs the Court of a written inquiry. 10:19 a.m. Recess.
`10:45 a.m. Jury resumes deliberations.)
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`11:02 a.m. Court reconvenes. Jury inquiry and response discussed, and will be provided to the Jury as
`set forth on the record. Government is directed to file a Response to Defendants’ First Supplement to
`Motion to Strike Testimony (Doc. 1972) by this evening. 11:24 a.m. Recess.
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`(11:30 a.m. Jury provided with response to written inquiry. 11:48 a.m. Recess. 1:04 p.m. Jury resumes
`deliberations. 3:19 p.m. Jury informs the Court that they have a written note and verdict.)
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`4:06 p.m. Court reconvenes. 4:08 p.m. Jury present. Court reads Jury’s note in open court and directs
`the Courtroom Deputy to retrieve the verdict from Foreperson, Juror #2. Upon the Court’s review, the
`verdict is read into the record by the Courtroom Deputy. Defendant Lacey (1) is found guilty as to
`Count 100 of the Superseding Indictment, and no verdict is returned as to Counts 1-70, 81, 83-84, 86,
`88-92, 94-99 of the Superseding Indictment. Defendant Scott Spear (3) is found guilty as to Counts 1-
`18, 52-62, 71-78, 85, and 93 of the Superseding Indictment, and not guilty as to Counts 19-51, and 63-
`68 of the Superseding Indictment. Defendant John Brunst (4) is found guilty as to Counts 1, 52-62, 64-
`70, 78-84, 86-93 of the Superseding Indictment, and not guilty of Counts 2-51, and 63 of the
`Superseding Indictment. Defendant Andrew Padilla (6) is found not guilty as to Counts 1-51 of the
`Superseding Indictment. Defendant Joye Vaught (7) is found not guilty as to Counts 1-51 of the
`Superseding Indictment. Jury is polled and released with the gratitude of the Court. 4:38 p.m. Recess.
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`4:56 p.m. Court reconvenes. IT IS ORDERED declaring a mistrial with respect to the counts that the
`Jury did not reach a verdict as to Defendant Lacey (1), Counts 1-70, 81, 83-84, 86, 88-92, 94, 95-99 of
`the Superseding Indictment.
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`Case 2:18-cr-00422-DJH Document 1977 Filed 11/16/23 Page 2 of 2
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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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`Date: November 16, 2023
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`Page 2 of 2
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`IT IS FURTHER ORDERED that a Judgment of Acquittal shall be entered as to Defendants Andrew
`Padilla (6) and Joye Vaught (7).
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`IT IS FURTHER ORDERED directing Pretrial Services to release to Defendants Padilla and Vaught,
`their passports.
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`IT IS FURTHER ORDERED that Defendants shall have until November 29, 2023 to supplement
`their Oral Rule 29 Motion. Government shall file its Response by December 8, 2023. The Court will
`inform Defendants if a Reply is necessary.
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`IT IS FURTHER ORDERED extending the deadline by which the Government shall file its
`Response to Defendants’ Motion (Doc. 1972) to and including November 22, 2023. Defendants’ Reply
`if any, is due seven (7) days thereafter. 5:16 p.m. Recess.
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`Later (off the record): As to the pending Motion for Protective Order (Doc. 1948) and Motion to
`Intervene (Doc. 1957), the Court will order expedited responses to both Motions.
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`IT IS ORDERED that any party seeking to Respond to either Motion (Doc. 1948 or 1957) shall do so
`no later than November 19, 2023. Any replies shall be filed by November 21, 2023.
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`Court Reporter Hilda Lopez
`Deputy Clerk Liliana Figueroa
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`Start: 11:02 AM
`Stop: 5:16 PM
`Total: 1hr 14min
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