3:19-cr-00026•USA v. Fuhrer et al
Gesamter Gesetzestext
1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA, Plaintiff, v. FILTHY FUHRER, ROY NAUGHTON, GLEN BALDWIN, COLTER O’DELL, and CRAIG KING, Defendants. Case No. 3:19-cr-00026-TMB-SAO TRIAL PROCEDURE ORDER Trial in this matter is set to begin on Monday, March 14, 2022, at 9:00 a.m. in Anchorage Courtroom 2 before Judge Timothy M. Burgess. A Final Pretrial Conference is set for Friday, March 4, 2022, at 2:30 p.m. in Anchorage Courtroom 2. This Order sets out procedures the Court will impose during trial and resolves certain requests made by the parties in motions in limine.1 I. JURY SELECTION The Court will hold two sessions per day during jury selection with 25 prospective jurors at each session. The first session will begin at 9:00 a.m. and run until approximately 12:30 p.m. The second session will begin at 1:30 p.m. and run until 5:00 p.m. 1 This Order resolves some but not all requests in Defendant Glen Baldwin’s Motions in Limine at Docket 822 and fully resolves Defendant Craig King’s Fourth, Sixth, and Seventh Motions in Limine at Dockets 889, 891, and 982 respectively. The Court will issue separate orders clarifying the disposition of each of those motions. Case 3:19-cr-00026-TMB Document 1020 Filed 03/04/22 Page 1 of 5
2 A. Peremptory Challenges The Court grants each defendant two additional peremptory challenges to be exercised individually.2 The Court will impanel six alternate jurors for this trial for a total of 18 jurors. Accordingly, the Defendants will have 23 peremptory challenges: 13 to exercise jointly and 10 (two per defendant) individually.3 The Government will have nine peremptory challenges.4 The parties will be required to exercise peremptory challenges at the end of each session during jury selection, reserving any remaining challenges for subsequent sessions. In other words, if a party wishes to use a peremptory challenge on a specific prospective juror, they must do so during the session in which that juror is called. B. Voir Dire Counsel for each party will have 10 minutes to examine prospective jurors during each session, i.e., 10 minutes for every 25 prospective jurors.5 II. TRIAL SCHEDULE After a jury is selected, trial will run Monday through Thursday from 9:00 a.m. until approximately 5:00 p.m. with a short break in the morning, an hour break for lunch, and a short break in the afternoon. 2 See Fed. R. Crim. P. 24. Accordingly, the Court GRANTS in part Baldwin’s Motions in Limine at Docket 822. See Dkt. 822 at 7; see also Dkt. 937 (Response to Baldwin’s Motions in Limine). 3 Fed. R. Crim. P. 24. 4 Id. 5 Accordingly, the Court GRANTS in part Baldwin’s Motions in Limine at Docket 822. See Dkt. 822 at 2; see also Dkt. 937. Case 3:19-cr-00026-TMB Document 1020 Filed 03/04/22 Page 2 of 5
3 III. WITNESSES, OPENING, AND CLOSING A. Masking The Court is currently evaluating whether it will require all individuals in the courtroom to wear masks during trial. A final decision will be announced on the first day of trial. Whether or not the Court requires masks, witnesses shall not wear masks while testifying and attorneys need not wear masks while speaking.6 B. Notice of Witnesses The parties shall notify each other the evening before each trial day of all witnesses they intend to call the following day.7 The Government shall inform the United States Marshal Service of any “security concerns involving some of the Government’s witnesses who are currently out of district.”8 Beginning on Thursday, March 10, 2022, each party who expects to call witnesses the following week shall provide to the United States Marshal Service designee every Thursday during trial by 11:59 p.m. a tentative schedule listing the in-custody witnesses they intend to call each day in the order the witnesses will be called. C. Sequence of Witness Examination, Opening Statements, and Closing Arguments; Time Allotted for Opening and Closing The Court ORDERS the Defendants to (1) confer in advance of trial to determine the order in which they will make opening statements if they intend to make opening statements and the 6 Accordingly, the Court GRANTS in part Baldwin’s Motions in Limine at Docket 822. See Dkt. 822 at 3; see also Dkt. 937. 7 Accordingly, the Court GRANTS in part Baldwin’s Motions in Limine at Docket 822. See Dkt. 822 at 1; see also Dkt. 937. 8 Dkt. 937 at 2. Case 3:19-cr-00026-TMB Document 1020 Filed 03/04/22 Page 3 of 5
4 order in which they will cross-examine each witness and (2) file a joint notice with the Court on or before March 10, 2022, outlining the sequence the Defendants plan to follow for any opening statements and cross-examinations.9 The Court recognizes this sequence may change as needed during trial. D. Cross-Examination Generally Each defendant may cross-examine each witness, as is their right.10 The parties shall not, however, engage in repetitive or redundant lines of questioning. The parties should expect the Court to “exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to: (1) make those procedures effective for determining the truth; (2) avoid wasting time; and (3) protect witnesses from harassment or undue embarrassment.”11 E. Scope of Witness Examination Absent agreement among all parties as to the scope of examination for a particular witness, counsel will not be permitted to cross-examine witnesses on matters outside the scope of the direct examination and will instead be required to re-call witnesses.12 In the event the parties have unanimously agreed to permit counsel to cross-examine a witness beyond the scope of the direct examination, counsel may not ask leading questions of non-hostile witnesses. 9 If the Defendants cannot come to an agreement, they should so state in their filing. Absent agreement among the Defendants, the Court will randomly assign the order before trial. 10 Accordingly, the Court GRANTS Defendant Craig King’s Sixth Motion in Limine at Docket 891. See generally Dkt. 891; see also Dkt. 945 (Non-Opposition to King’s Sixth Motion in Limine). 11 Fed. R. Evid. 611(a). 12 Accordingly, the Court DENIES in part Baldwin’s Motions in Limine at Docket 822. See Dkt. 822 at 2; see also Dkt. 937. The Court will address the remaining requests in Baldwin’s Motions in Limine at Docket 822 in a separate order. Case 3:19-cr-00026-TMB Document 1020 Filed 03/04/22 Page 4 of 5
5 The parties will not be permitted to re-cross-examine witnesses except in rare circumstances in which new matters are introduced on re-direct and a party has failed to object.13 The parties are obligated to object if counsel attempts to elicit information on re-direct that exceeds the scope of cross-examination. The Defendants will have the opportunity to cross-examine all cooperating witnesses on the benefits they have obtained, the benefits they seek, and potential charges bargained away in exchange for their cooperation.14 As always, the Government may object if it believes a question is improper. IV. OBJECTIONS An objection made by one defendant will be deemed an objection by all defendants who do not expressly state otherwise. If a defendant disagrees with the basis for a co-defendant’s objection or has an additional basis for the objection, they must so state on the record. IT IS SO ORDERED. Dated at Anchorage, Alaska, this 4th day of March, 2022. /s/ Timothy M. Burgess TIMOTHY M. BURGESS UNITED STATES DISTRICT JUDGE 13 Accordingly, the Court GRANTS in part and DENIES in part King’s Fourth Motion in Limine at Docket 889. See generally Dkt. 889; see also Dkt. 939 (Response to King’s Fourth Motion in Limine). 14 Accordingly, the Court GRANTS King’s Seventh Motion in Limine at Docket 892. See generally Dkt. 892; see also Dkt. 946 (Non-Opposition to King’s Seventh Motion in Limine). The Court will address the Government’s Motions in Limine regarding the scope of questioning in a separate order. Case 3:19-cr-00026-TMB Document 1020 Filed 03/04/22 Page 5 of 5
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