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United States v. Baras

United States District Court, Ninth Circuit

January 10, 2014

UNITED STATES OF AMERICA,
v.
HUGH LESLIE BARAS, Defendant

PRETRIAL ORDER NO. 2 AT CONCLUSION OF PRETRIAL CONFERENCE

YVONNE GONZALEZ ROGERS, District Judge.

On January 10, 2014, the Court held a Pretrial Conference in the above referenced matter. Michael G. Pitman and Frank J. Riebli appeared on behalf of the United States of America. Defendant Hugh Leslie Baras appeared with counsel of record Marc J. Zilversmit. Having considered the filings to date and the arguments and other submissions at the Pretrial Conference, for good cause shown the Court enters and confirms the following orders for trial set for January 21, 2014:

1. Witnesses: The parties are limited to calling the witnesses now identified in filings and disclosures as set forth by the government in Docket 86 and by the defense in Docket 40. Upon a showing of good cause, including for rebuttal or impeachment purposes, additional witnesses will be allowed only by Court order. The Court understands that the Defendant intends to testify.

2. Exhibits and Exhibit Lists: The parties are limited to using the Exhibits identified and disclosed principally as set forth in a working draft by the government in Docket 101and by the defense in Docket 98. Still outstanding are pictures, summaries, charts, and a few fact exhibits. Updated Exhibit Lists shall be filed by Wednesday, January 15, 2014. Upon a showing of good cause, including for rebuttal or impeachment purposes, additional exhibits will be allowed only by Court order.

3. Jury Selection: The Court conducts a comprehensive voir dire and incorporates many of the additional topics requested. The Court will allow each side fifteen (15) minutes to conduct follow up voir dire. In addition:

a. By Tuesday, January 14, 2014, the parties shall provide the Court with a Joint Statement of the Case to be read to the petit jury panel.
b. By Tuesday, January 14, 2014, the parties shall provide the Court with a list of all potential witnesses to be read to the petit jury panel and organized alphabetically. Said list shall contain a header which identifies the case name and case number and shall not identify which party intends to call any such witness. The list shall be in a pdf format, one page only so that it can be published electronically, and emailed to the Courtroom Deputy.

4. Jurors and Peremptory Challenges: The Court will seat a total of twelve (12) jurors and three (3) alternates. Pursuant to Rule 24 Criminal Rules of Civil Procedure, because the offense charged is punishable by imprisonment for more than one year, the government is allocated six (6) peremptory challenges and the defendant is allocated ten (10) peremptory challenges. Accordingly, peremptory challenges shall be exercised in the following sequence:

• Prosecution First
• Defense First and Second
• Prosecution Second
• Defense Third and Fourth
• Prosecution Third
• Defense Fifth and ...

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