Docket Oct26

DOCKET: U.S. v.
Stevens 08-00231 October 26, 2008 page 1 of 37 pages

CAT B
U.S. District Court

District of Columbia (Washington, DC)
CRIMINAL DOCKET FOR CASE #: 1:08-cr-00231-EGS-1
Case title: USA v. STEVENS Date Filed: 07/29/2008
Non-Party Petitioner
CH2M HILL COMPANIES, LTD. represented by Brian Christopher Baldrate
GIBSON DUNN AND CRUTCHER
LLP
1050 Connecticut Avenue, NW
Washington, DC 20036
(202) 887-3717
Fax: (202) 530-9684
Email: bbaldrate@gibsondunn.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
David Penn Burns

GIBSON DUNN & CRUTCHER
3rd Floor
(202) 887-3 786
Email: dburns@gibsondunn.com
LEAD ATTORNEY
Designation: Retained
Francis Joseph Warin

GIBSON, DUNN & CRUTCHER,
L.L.P.
3rd Floor
(202) 887-3609
Fax: (202) 530-9608
Email: fwarin@gibsondunn.com
LEAD ATTORNEY
Assigned to: Judge Emmet G. Sullivan

DOCKET: U.S. v. Stevens 08-00231 October 26, 2008 page 2 of 37 pages
Defendant (1)
THEODORE F. STEVENS represented by Brendan V. Sullivan, Jr.
WILLIAMS & CONNOLLY LLP
725 Twelfth Street, NW
(202) 434-5000
Fax: (202) 434-5029
Email: bsullivan@wc.com
LEAD ATTORNEY
Craig D. Singer
Edward Bennett Williams Building
725 12th Street, NW
(202) 434-5000
Fax: 202-434-5029
Email: csinger@wc.com
LEAD ATTORNEY
Alex Giscard Romain

725 12th Street, N.W.
(202) 434-5164
Fax: (202) 434-5029
Email: aromain@wc.com
Beth A. Stewart
725 12th Street, NW
(202) 434-5000
Email: bstewart@wc.com
Joseph Marshall Terry, Jr.

WILLIAMS & CONNOLLY
725 12th Street, NW
(202) 434-5320
Fax: (202) 434-5029

Email: jterry@wc.com
Robert Madison Cary

WILLIAMS & CONNOLLY
725 12th Street, NW
(202) 434-5175
Fax: (202) 434-5029
Email: rcary@wc.com
Pending Counts Disposition

18:1001(a)(1), (c)(1) and (2);
STATEMENTS OR ENTRIES
GENERALLY; False Statements
(1)
18:1001(a)(2), (c)(1) and (2);
STATEMENTS OR ENTRIES
GENERALLY; False Statements
(2-7)
Highest Offense Level (Opening)

Felony
Terminated Counts Disposition

None
Highest Offense Level (Terminated)

None
Complaints Disposition
None
Plaintiff
USA represented by Edward P. Sullivan
U.S. DEPARTMENT OF JUSTICE
1400 New York Avenue, NW
12th Floor
(202) 514-1412
Email: edward.sullivan@usdoj.gov
LEAD ATTORNEY
James A. Goeke
U.S. ATTORNEYS OFFICE
District of Alaska
222 West Seventh Avenue
Federal Building & U.S. Courthouse
Anchorage, AK 99513-7567
(907) 271-5071
Email: james.goeke@usdoj.gov
LEAD ATTORNEY
Joseph W. Bottini
U.S. ATTORNEYS OFFICE
District of Alaska
22 West Seventh Avenue
Federal Building and U.s. Courthouse
Anchorage, AK 99513-7567
(907) 271-5071
Email: joe.bottini@usdoj.gov
LEAD ATTORNEY
Nicholas A. Marsh
U.S. Department of Justice
10th and Constitution Ave. NW
202-307-1049
Email: nicholas.marsh@usdoj.gov
LEAD ATTORNEY
Brenda K. Morris
U.S. DEPARTMENT OF JUSTICE
1400 New York Avenue, NW
12th Floor
(202) 514-1439
Email: brenda.morris@usdoj.gov
Date Filed # Docket Text

07/29/2008 1 INDICTMENT as to THEODORE F. STEVENS (1) on Counts 1 and 2-7. (tnr, )
(Entered: 07/29/2008)
07/29/2008 Attorney update in case as to THEODORE F. STEVENS. Attorney Joseph W.

Bottini for USA, James A. Goeke for USA added. (jeb, ) (Entered: 07/29/2008)
07/30/2008 MINUTE ORDER as to THEODORE F. STEVENS, Arraignment set for
7/31/2008 at 01:00 PM in Courtroom 24A before Judge Emmet G. Sullivan.
Defense counsel shall make arrangements with Pretrial Services to have this
defendant interviewed in the a.m. hours on 7/31/08.. Signed by Judge Emmet G.
Sullivan on 7/30/08. (clv, ) (Entered: 07/30/2008)
07/31/2008 Minute Entry for proceedings held before Judge Emmet G. Sullivan:
Arraignment as to THEODORE F. STEVENS (1) held on 7/31/2008 on Counts
1,2-7. Plea of Not Guilty entered by THEODORE F. STEVENS (1) as to Counts
1,2-7. Motion for Change of Venue due by 8/4/2008 with Responses due by
8/11/2008 and Replies due by 8/13/2008. Motion Hearing regarding Motion for
Change of Venue set for 8/19/2008 at 10:00 AM in Courtroom 24A before Judge
Emmet G. Sullivan. Any additional motions due by 8/14/08 with Responses due
by 8/28/08 and Replies due by 9/2/08. Motion Hearing regarding additional
motions set for 9/10/2008 at 10:00 AM in Courtroom 24A before Judge Emmet
G. Sullivan. Jury Trial set for 9/24/2008 at 9:00 AM in Courtroom 24A before
Judge Emmet G. Sullivan.Bond Status of Defendant: Defendant released on PR
Bond; Court Reporter: Jackie Sullivan Defense Attorney: Brenda Sullivan and
Rob Carey; US Attorney: Edward Sullivan, Nicholas Marsh and Brenda Morris;
(cp, ) (Entered: 07/31/2008)
07/31/2008 2 ORDER Setting Conditions of Release as to THEODORE F. STEVENS (1) :
Personal Recognizance signed by Judge Emmet G. Sullivan on 7/31/08. (tnr, )
(Entered: 08/01/2008)
08/01/2008 3 ORDER as to THEODORE F. STEVENS: Motion to Transfer Venue due by
8/4/2008. Government's Response due by 8/11/2008. Defendant's Reply due by
8/13/2008. Motion to Transfer Venue on 8/20/2008 11:00 AM in Courtroom
24A before Judge Emmet G. Sullivan. Jury Selection and Jury Trial set for
9/24/2008 09:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. All
motions and notices shall be filed by no later than 8/14/2008. Responses due
8/25/2008. Replies 9/2/2008. Motion Hearing set for 9/10/2008 10:00 AM in
Courtroom 24A before Judge Emmet G. Sullivan. Additional voir dire due
9/15/2008 at 12:00 PM. Additional pretrial or trial procedures due 8/11/2008.
Signed by Judge Emmet G. Sullivan on 8/1/08. (dot, ) (Entered: 08/01/2008)
08/04/2008 4 MOTION to Change Venue by THEODORE F. STEVENS. (Attachments: # 1
Exhibits 1 & 2)(Cary, Robert) (Entered: 08/04/2008)
08/05/2008 NOTICE re 4 Motion to Change Venue; emailed to rcary@wc.com,
bsullivan@wc.com,, cc'd 31 associated attorneys -- Please file a Notice of
Appearance. (tnr, ) (Entered: 08/05/2008)
08/05/2008 MINUTE ORDER as to THEODORE F. STEVENS, Telephone Conference is
set for 8/5/2008 at 03:00 PM before Judge Emmet G. Sullivan. All principal
counsel should arrange to be on the line together before calling the courtroom at
202-354-3171.. Signed by Judge Emmet G. Sullivan on 8/5/08. (clv, ) (Entered:
08/05/2008)
08/05/2008 MINUTE ORDER as to THEODORE F. STEVENS; Due to the unavailability

of principal counsel, the Telephone Conference previously scheduled for August
5, 2008 at 3:00 p.m. is cancelled. The Court will reschedule the telephone
conference for a later date if necessary.. Signed by Judge Emmet G. Sullivan on
8/5/08. (clv, ) (Entered: 08/05/2008)
08/05/2008 Terminate Deadlines and Hearings as to THEODORE F. STEVENS: (clv, )
(Entered: 08/05/2008)
08/05/2008 5 NOTICE OF ATTORNEY APPEARANCE: Robert Madison Cary appearing for
THEODORE F. STEVENS (Cary, Robert) (Entered: 08/05/2008)
08/06/2008 MINUTE ORDER as to THEODORE F. STEVENS, Status Conference is set for
8/7/2008 at 11:00 AM in Courtroom 24A before Judge Emmet G. Sullivan..
Signed by Judge Emmet G. Sullivan on 8/5/08. (clv, ) (Entered: 08/06/2008)
08/07/2008 Minute Entry for proceedings held before Judge Emmet G. Sullivan:Status
Conference as to THEODORE F. STEVENS held on 8/7/2008 Motion
Hearing/Pretrial Conference set for 9/10/2008 10:00 AM in Courtroom 24A
before Judge Emmet G. Sullivan. Motion Hearing set for 8/20/2008 11:00 AM
in Courtroom 24A before Judge Emmet G. Sullivan; Jury trial (questionnaires)
scheduled for 9/22/08.. 0TBP. Bond Status of Defendant: PR/APPEARANCE
WAIVED; Court Reporter: SCOTT WALLACE Defense Attorney: ROBERT
CAREY/BRENDAN SULLIVAN-PHONE; US Attorney: EDWARD
SULLIVAN/NICHOLAS MARSH/BRENDA MORRIS/JOE BOTTINI AND
JAMES GOEKE APPEARED ON THE TELEPHONE; (clv, ) (Entered:
08/07/2008)
08/07/2008 6 FIRST AMENDED PRETRIAL ORDER as to THEODORE F. STEVENS: All
Motions due by 8/14/2008. Responses due by 8/25/2008. Replies due by
9/2/2008. Defendant's Motion to Transfer Venue set for 8/20/2008 11:00 AM in
Courtroom 24A before Judge Emmet G. Sullivan. Pretrial Conference will
commence immediately following the motions hearing on 9/10/2008 10:00 AM
in Courtroom 24A before Judge Emmet G. Sullivan. Motion Hearing on any
pending pretrial motions set for 9/10/2008 10:00 AM in Courtroom 24A before
Judge Emmet G. Sullivan. (see Order for further details) Signed by Judge
Emmet G. Sullivan on 8/7/08. (dot, ) (Entered: 08/07/2008)
08/08/2008 Set/Reset Deadlines/Hearings as to THEODORE F. STEVENS: Motions due by
8/14/2008. Responses due by 8/25/2008 Replies due by 9/2/2008. Motion
Hearing to Transfer Venue set for 8/20/2008 11:00 AM in Courtroom 24A
before Judge Emmet G. Sullivan. Pretrial Conference and Motion Hearing on
any pending motions set for 9/10/2008 10:00 AM in Courtroom 24A before
Judge Emmet G. Sullivan. (clv, ) (Entered: 08/08/2008)
08/08/2008 7 TRANSCRIPT OF PROCEEDINGS in case as to THEODORE F. STEVENS
before Judge Emmet G. Sullivan of proceedings held on 8-7-2008; Page
Numbers: 1-31. Date of Issuance:8-8-2008. Court Reporter Email Address :
Scottlyn01@aol.com.
For the first 90 days after this filing date, the transcript may be viewed at the
courthouse at a public terminal or purchased from the court reporter referenced
above. After 90 days, the transcript may be accessed via PACER. Other
transcript formats, (multi-page, condensed, CD or ASCII) may be purchased

from the court reporter.
NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-

one days to file with the court and the court reporter any request to redact
personal identifiers from this transcript. If no such requests are filed, the
transcript will be made available to the public via PACER without redaction
after 90 days. The policy, which includes the five personal identifiers
specifically covered, is located on our website at ww.dcd.uscourts.gov.
(Wallace, Scott) (Entered: 08/08/2008)

08/11/2008 8 STATUS REPORT Joint Pre-Trial Submission as to THEODORE F.
STEVENS. (Cary, Robert) (Entered: 08/11/2008)
08/11/2008 9 Memorandum in Opposition by USA as to THEODORE F. STEVENS re 4
MOTION to Change Venue (Attachments: # 1 Exhibit A)(Marsh, Nicholas)
(Entered: 08/11/2008)
08/13/2008 10 NOTICE OF ATTORNEY APPEARANCE: Alex Giscard Romain appearing
for THEODORE F. STEVENS (Romain, Alex) (Entered: 08/13/2008)
08/13/2008 MINUTE ORDER as to THEODORE F. STEVENS,Pursuant to the request of
counsel, the Court will hold a Status Hearing in this case at 2:00 today in
Courtroom 24A. (Status Conference set for 8/13/2008 02:00 PM in Courtroom
24A before Judge Emmet G. Sullivan.). Signed by Judge Emmet G. Sullivan on
8/13/08. (clv, ) (Entered: 08/13/2008)
08/13/2008 11 REPLY in Support by THEODORE F. STEVENS re 4 MOTION to Change
Venue (Cary, Robert) (Entered: 08/13/2008)
Conference as to THEODORE F. STEVENS held on 8/13/2008; Bond Status of
Defendant: PR; Court Reporter: JACKIE SULLIVAN Defense Attorney: ALEX
ROMAIN/BRENDAN SULLIVAN/ROBERT CAREY; US Attorney:
EDWARD SULLIVAN/JOSEPH BOTTINI/NICHOLAS MARSH; (clv, )
(Entered: 08/14/2008)
08/14/2008 12 MOTION to Dismiss Count One As Time-Barred and Duplicitous by
THEODORE F. STEVENS. (Cary, Robert) (Entered: 08/14/2008)
08/14/2008 13 MOTION to Strike Prejudicial Surplusage by THEODORE F. STEVENS.
(Cary, Robert) (Entered: 08/14/2008)
08/14/2008 14 MOTION to Dismiss Case For Violation of Speech Or Debate Clause by
08/14/2008 15 MOTION to Dismiss Case For Violation of Separation of Powers by
08/14/2008 16 MOTION to Dismiss Case For An Unconstitutionally Vague Indictment by
THEODORE F. STEVENS. (Attachments: # 1 Exhibit 1)(Cary, Robert)
(Entered: 08/14/2008)
08/14/2008 17 MOTION for Bill of Particulars by THEODORE F. STEVENS. (Cary, Robert)

(Entered: 08/14/2008)
08/14/2008 18 MOTION Additional Relief by THEODORE F. STEVENS. (Cary, Robert)
(Entered: 08/14/2008)
08/14/2008 19 MOTION in Limine Concerning the Inapplicability of the Speech or Debate
Clause by USA as to THEODORE F. STEVENS. (Sullivan, Edward) (Entered:
08/14/2008)
08/14/2008 20 MOTION for 404(b) Evidence by USA as to THEODORE F. STEVENS.
(Sullivan, Edward) (Entered: 08/14/2008)
08/14/2008 21 MOTION in Limine to Exclude by USA as to THEODORE F. STEVENS.
(Sullivan, Edward) (Entered: 08/14/2008)
08/18/2008 22 JOINT Proposed Voir Dire as to THEODORE F. STEVENS (Sullivan, Edward)
Modified on 8/19/2008 (tnr, ). (Entered: 08/18/2008)
08/18/2008 23 Proposed Voir Dire by THEODORE F. STEVENS (Romain, Alex) (Entered:
08/18/2008)
08/18/2008 24 Proposed Voir Dire by USA as to THEODORE F. STEVENS (Sullivan,
Edward) (Entered: 08/18/2008)
08/19/2008 25 NOTICE OF ATTORNEY APPEARANCE Brenda K. Morris appearing for
USA. (Morris, Brenda) (Entered: 08/19/2008)
08/20/2008 Minute Entry for proceedings held before Judge Emmet G. Sullivan:Motion
Hearing as to THEODORE F. STEVENS held on 8/20/2008 re 4 MOTION to
Change Venue filed by THEODORE F. STEVENS heard and denied. Bond
Status of Defendant: PR; Court Reporter: JACKIE SULLIVAN Defense
Attorney: ALEX ROMAIN/ROBERT CAREY/ALEX ROMAIN; US Attorney:
BRENEA MORRIS/EDWARD SULLIVAN/NICHOLAS MARSH; (clv, )
(Entered: 08/20/2008)
08/25/2008 26 RESPONSE by USA as to THEODORE F. STEVENS re 12 MOTION to
Dismiss Count One As Time-Barred and Duplicitous (Morris, Brenda) (Entered:
08/25/2008)
08/25/2008 27 RESPONSE by USA as to THEODORE F. STEVENS re 13 MOTION to Strike
Prejudicial Surplusage (Morris, Brenda) (Entered: 08/25/2008)
Dismiss Case For Violation of Speech Or Debate Clause (Morris, Brenda)
(Entered: 08/25/2008)
Dismiss Case For Violation of Separation of Powers (Morris, Brenda) (Entered:
08/25/2008)
Dismiss Case For An Unconstitutionally Vague Indictment (Morris, Brenda)
(Entered: 08/25/2008)
08/25/2008 31 RESPONSE by USA as to THEODORE F. STEVENS re 17 MOTION for Bill

of Particulars (Morris, Brenda) (Entered: 08/25/2008)
08/25/2008 32 RESPONSE by USA as to THEODORE F. STEVENS re 18 MOTION
Additional Relief (Morris, Brenda) (Entered: 08/25/2008)
08/25/2008 33 MOTION in Limine To Exclude Purported 404(b) Evidence by THEODORE F.
STEVENS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cary, Robert) (Entered:
08/25/2008)
08/25/2008 34 Memorandum in Opposition by THEODORE F. STEVENS re 19 MOTION in
Limine Concerning the Inapplicability of the Speech or Debate Clause (Cary,
Robert) (Entered: 08/25/2008)
08/25/2008 35 Cross MOTION in Limine To Exclude Evidence Described in Government's
Motion In Limine Concerning Inapplicability of The Speech Or Debate Clause
by THEODORE F. STEVENS. (Cary, Robert) (Entered: 08/25/2008)
Limine to Exclude Prior Criminal Convictions of Prospective Government
Witnesses (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cary, Robert) (Entered:
08/25/2008)
08/29/2008 37 SUPPLEMENT by THEODORE F. STEVENS to 34 Memorandum in
Opposition re 19 MOTION in Limine Concerning the Inapplicability of the
Speech or Debate Clause (Notice of Supplemental Authority in Support of
Opposition) (Cary, Robert) Modified on 9/2/2008 (tnr, ). (Entered: 08/29/2008)
09/02/2008 NOTICE re 37 Supplement to any document; emailed to rcary@wc.com, cc'd 38
associated attorneys -- The PDF file you docketed contained errors: 1. Modified
to link Supplement to Opposition. No need to refile. (ztnr, ) (Entered:
09/02/2008)
09/02/2008 38 REPLY in Support by THEODORE F. STEVENS re 12 MOTION to Dismiss
Count One As Time-Barred and Duplicitous (Attachments: # 1 Exhibit 1, # 2
Exhibit 2)(Cary, Robert) (Entered: 09/02/2008)
09/02/2008 39 REPLY in Support by THEODORE F. STEVENS re 13 MOTION to Strike
Prejudicial Surplusage (Cary, Robert) (Entered: 09/02/2008)
Case For Violation of Speech Or Debate Clause (Cary, Robert) (Entered:
09/02/2008)
Case For Violation of Separation of Powers (Cary, Robert) (Entered:
09/02/2008)
Case For An Unconstitutionally Vague Indictment (Attachments: # 1 Exhibit
1)(Cary, Robert) (Entered: 09/02/2008)
09/02/2008 43 REPLY in Support by THEODORE F. STEVENS re 17 MOTION for Bill of
Particulars (Attachments: # 1 Exhibit 1)(Cary, Robert) (Entered: 09/02/2008)
DOCKET: U.S. v. Stevens 08-00231 October 26, 2008 page 10 of 37
pages
09/02/2008 44 REPLY in Support by THEODORE F. STEVENS re 18 MOTION Additional
Relief (Cary, Robert) (Entered: 09/02/2008)
09/02/2008 45 RESPONSE by USA as to THEODORE F. STEVENS re 33 MOTION in
Limine To Exclude Purported 404(b) Evidence (Sullivan, Edward) (Entered:
09/02/2008)
09/02/2008 46 REPLY TO OPPOSITION to Motion by USA as to THEODORE F. STEVENS
re 19 MOTION in Limine Concerning the Inapplicability of the Speech or
Debate Clause, 35 Cross MOTION in Limine To Exclude Evidence Described in
Government's Motion In Limine Concerning Inapplicability of The Speech Or
Debate Clause (Sullivan, Edward) (Entered: 09/02/2008)
09/02/2008 47 REPLY in Support by USA as to THEODORE F. STEVENS re 21 MOTION in
Limine to Exclude (Sullivan, Edward) (Entered: 09/02/2008)
09/03/2008 MINUTE ORDER as to THEODORE F. STEVENS, In an effort to resolve any
objections, legal, and/or evidentiary issues prior to the commencement of the
trial it is ORDERED that no later than 4:00 p.m. on September 9, 2008, the
government shall file its exhibit and witness lists listing all exhibits it intends to
introduce into evidence and all witnesses it plans to call to testify at trial. Any
objections to exhibits and/or witnesses shall be filed by the defendant by no later
than September 16, 2008 at 4:00 p.m. A final pretrial conference is scheduled for
September 18, 2008 at 1:00 p.m. All contested exhibits must be brought to the
final pretrial hearing on September 18. The initial pretrial conference remains
scheduled for September 10, 2008. ( Exhibit List; Witness List due 9/9/08,
Objections due by 9/16/2008, Pretrial Conference set for 9/10/2008 10:00 AM
and 9/18/2008 01:00 PM in Courtroom 24A before Judge Emmet G. Sullivan.).
09/03/2008 48 MOTION to Clarify Concerning the Court's September 3, 2008, Minute Order
by USA as to THEODORE F. STEVENS. (Marsh, Nicholas) (Entered:
09/03/2008)
09/04/2008 MINUTE ORDER as to THEODORE F. STEVENS by Judge Emmet G.
Sullivan on September 4, 2008.The government is directed to file a response to
defendant's motion lodged under seal on September 3, 2008, by no later than
noon on Friday, September 5, 2008; defendant is directed to file a response to 48
the government's Motion to Clarify Concerning the Court's September 3, 2008
Minute Order by no later than noon on Friday, September 5, 2008. The parties'
respective replies in support of those pleadings are due no later than noon on
Saturday, September 6, 2008. Counsel are reminded to provide the Court with all
binding authority that either supports or undermines the relief sought. The filing
of a motion unaccompanied by points and authorities of law will not suffice.
Further, the parties are strongly encouraged to resolve as many discovery and
evidentiary disputes as possible, as quickly as possible, in order to preserve the
early trial date set by the Court, at the parties' request, and to avoid unnecessary,
protracted bench conferences during the trial that will inevitably interfere with
the orderly presentation of evidence and prolong the trial beyond the time period
anticipated by the parties. IT IS FURTHER ORDERED that until the Court
resolves the pending Motion to Seal, any party seeking to file a pleading under
pages
seal must file a Notice on the docket noting that a pleading has been filed under
seal and must comply with Local Criminal Rule 49.1(h). (jwd) (Entered:
09/04/2008)
09/04/2008 Set/Reset Deadlines/Hearings as to THEODORE F. STEVENS:defendant is
directed to file a response to 48 the government's Motion to Clarify Concerning
the Court's September 3, 2008 Minute Order by no later than noon on Friday,
September 5, 2008. The parties' respective replies in support of those pleadings
are due no later than noon on Saturday, September 6, 2008. (jwd) (Entered:
09/04/2008)
09/05/2008 ORDER as to THEODORE F. STEVENS by Judge Emmet G. Sullivan. The
Court, sua sponte, stays its September 4, 2008 Order requiring the defendant to
respond to government's Motion to Clarify until further order of the Court. (jwd)
(Entered: 09/05/2008)
09/06/2008 49 ENTERED IN ERROR.....MOTION for 404(b) Evidence Reply by THEODORE
F. STEVENS. (Cary, Robert) Modified on 9/8/2008 (tnr, ). (Entered:
09/06/2008)
09/06/2008 50 ENTERED IN ERROR.....MOTION to Compel Reply by THEODORE F.
STEVENS. (Cary, Robert) Modified on 9/8/2008 (tnr, ). (Entered: 09/06/2008)
09/08/2008 NOTICE re 49 Motion for 404(b) Evidence; emailed to rcary@wc.com, cc'd 41
associated attorneys -- The PDF file you docketed contained errors: 1. Document
title does not match docketed event, 2. Please refile document, 3. Documents 49
and 50 should be filed as Replies in Support. (tnr, ) (Entered: 09/08/2008)
09/08/2008 51 STATEMENT OF CASE by THEODORE F. STEVENS (Cary, Robert)
(Entered: 09/08/2008)
09/08/2008 52 Proposed Jury Instructions by THEODORE F. STEVENS, USA as to
THEODORE F. STEVENS (Cary, Robert) (Entered: 09/08/2008)
09/08/2008 53 STATEMENT OF CASE by USA as to THEODORE F. STEVENS (Sullivan,
09/08/2008 54 Proposed Jury Instructions by THEODORE F. STEVENS (Attachments: # 1
Proposed Non-Redbook Instructions)(Cary, Robert) (Entered: 09/08/2008)
09/08/2008 55 Proposed Jury Instructions by USA as to THEODORE F. STEVENS (Sullivan,
09/08/2008 56 REPLY in Support by THEODORE F. STEVENS re 33 MOTION in Limine To
Exclude Purported 404(b) Evidence (Cary, Robert) (Entered: 09/08/2008)
09/08/2008 57 MOTION to Obtain Medical Records by THEODORE F. STEVENS.
(Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4
Exhibit C, # 5 Exhibit D)(Cary, Robert) (Entered: 09/08/2008)
09/08/2008 59 NOTICE OF ATTORNEY APPEARANCE: Craig D. Singer appearing for
THEODORE F. STEVENS (nmw, ) (Entered: 09/09/2008)
09/09/2008 58 NOTICE of Filing of Certificate of Service by THEODORE F. STEVENS re 57
pages
MOTION to Obtain Medical Records (Attachments: # 1 Certificate of
Service)(Cary, Robert) (Entered: 09/09/2008)
09/09/2008 60 MOTION to Compel by THEODORE F. STEVENS. (Attachments: # 1 Exhibit
1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7
Text of Proposed Order)(Cary, Robert) (Entered: 09/09/2008)
09/09/2008 61 REPLY in Support by THEODORE F. STEVENS re 60 MOTION to Compel
09/09/2008 62 NOTICE of Filing of Redacted Exhibit A by THEODORE F. STEVENS re 57
MOTION to Obtain Medical Records (Attachments: # 1 Exhibit A)(Cary,
MOTION to Compel (Attachments: # 1 Exhibit)(Sullivan, Edward) (Entered:
09/09/2008)
09/10/2008 Minute Entry for proceedings held before Judge Emmet G. Sullivan: Motion
Hearing as to THEODORE F. STEVENS held on 9/10/2008; 12 Motion to
Dismiss Count One as Time-Barred and Duplicitous DENIED; 13 Motion to
Strike DENIED; 14 Motion to Dismiss Case for Violation of Speech or Debate
Clause TAKEN UNDER ADVISEMENT; 15 Motion to Dismiss for Violation
of Separations of Powers DENIED; 16 Motion to Dismiss Case for an
Unconstitutionally Vague Indictment DENIED; 17 Motion for Bill of Particulars
DENIED; 18 Motion for Additional Relief GRANTED; 19 Motion in Limine
Concerning the Inapplicability of the Speech or Debate Clause TAKEN UNDER
ADVISEMENT; 20 Motion for 404(b) Evidence TAKEN UNDER
ADVISEMENT; 21 Motion in Limine to Exclude Prior Criminal Convictions of
Prospective Government Witnesses TAKEN UNDER ADVISEMENT; 33
Motion in Limine to Exclude Proported 404(b) Evidence TAKEN UNDER
ADVISEMENT; 35 Cross Motion in Limine to Exclude Evidence Described in
Government's Motion in Limine Concerning Inapplicability of the Speech or
Debate Clause TAKEN UNDER ADVISEMENT; 60 Motion to Compel
GRANTED IN PART and DENIED IN PART and resolved in part, based on the
Court's rulings in open court and the parties' representations that they have
resolved a number of the discovery disputes raised in the motion. It is
FURTHER ORDERED that the government is to provide defense counsel with
its exhibit and witness list by 8:00 p.m. on September 11, 2008 and the
defendant is to provide government counsel with his exhibit and witness list by
8:00 p.m. on September 13, 2008. The parties shall file any objections by no
later than noon on September 15, 2008. Bond Status of Defendant: PR; Court
Reporter: JACKIE SULLIVAN/SCOTT WALLACE Defense Attorney:
BRENDAN SULLIVAN/ALEX ROMAIN/ROBERT CAREY; US Attorney:
BRENDA MORRIS/NICHOLAS MARSH/EDWARD SULLIVAN; (clv, )
(Entered: 09/11/2008)
09/11/2008 64 TRANSCRIPT OF PROCEEDINGS in case as to THEODORE F. STEVENS
before Judge Emmet G. Sullivan of proceedings held on 09/10/2008PM; Page
Numbers: 1-31. Date of Issuance:09/11/2008. Court Reporter/Transcriber Scott
L. Wallace, Telephone number 202-354-3196, Court Reporter Email Address :
pages
Scottlyn01@aol.com.
For the first 90 days after this filing date, the transcript may be viewed at the
courthouse at a public terminal or purchased from the court reporter referenced
above. After 90 days, the transcript may be accessed via PACER. Other
transcript formats, (multi-page, condensed, CD or ASCII) may be purchased
from the court reporter.
NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-

one days to file with the court and the court reporter any request to redact
personal identifiers from this transcript. If no such requests are filed, the
transcript will be made available to the public via PACER without redaction
after 90 days. The policy, which includes the five personal identifiers
specifically covered, is located on our website at ww.dcd.uscourts.gov.
Redaction Request due 10/2/2008. Redacted Transcript Deadline set for

10/14/2008. Release of Transcript Restriction set for 12/10/2008.(Wallace,
Scott) (Entered: 09/11/2008)
09/12/2008 65 Emergency MOTION Compel Emergency Relief and Discovery by
THEODORE F. STEVENS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
09/12/2008 ENTER IN ERROR.....MINUTE ORDER granting 65 Motion as to
THEODORE F. STEVENS. Status Hearing set for 9/12/08 at 1:15 p.m.. Signed
by Judge Emmet G. Sullivan on 9/12/08. (clv, ) Modified on 9/12/2008 (jwd
(JWD ). (Entered: 09/12/2008)
09/12/2008 Court granted parties Request for a Status Hearing today. Set/Reset
Deadlines/Hearings as to THEODORE F. STEVENS: Status Conference set for
9/12/2008 at 1:15 P.M. in Courtroom 24A before Judge Emmet G. Sullivan
regarding Emergency MOTION Compel Emergency Relief and Discovery by
THEODORE F. STEVENS. (jwd) (Entered: 09/12/2008)
Hearing as to THEODORE F. STEVENS held on 9/12/2008. Parties to file
certain objections by 9/18/2008. Government to produce hard copies of all
exhibits to defendant by 10:00 a.m. on 9/13/2008. Computerized copies of
exhibits due no later than 10:00 a.m. on 9/18/2008. Bond Status of Defendant:
Personal Recognizance - Defendant's Presence Waived for this hearing;
(Present:Defense Attorney: Alexander Romaine and robert Carey; US Attorney:
Brenda Morris and Joseph Bottini). Court Reporter: Jacqueline Sullivan (jwd)
(Entered: 09/12/2008)
Sullivan. The Court sua sponte RESCHEDULES the Pretrial Conference set for
9/18/2008 at 1:00 p.m. to same date, 9/18/2008 at 10:00 a.m. Courtroom 24,
Annex Building, Sixth Floor before Judge Emmet G. Sullivan. (jwd ) (Entered:
09/12/2008)
09/12/2008 66 RESPONSE by USA as to THEODORE F. STEVENS re 57 MOTION to Obtain
Medical Records (Sullivan, Edward) (Entered: 09/12/2008)
pages
09/15/2008 67 REPLY in Support by THEODORE F. STEVENS re 57 MOTION to Obtain
Medical Records (Cary, Robert) (Entered: 09/15/2008)
09/15/2008 MINUTE ORDER as to THEODORE F. STEVENS, (Status Conference is set
for 9/16/2008 03:30 PM in Courtroom 24A before Judge Emmet G. Sullivan
09/15/2008 68 NOTICE of Supplemental Authority by THEODORE F. STEVENS re 65
Emergency MOTION Compel Emergency Relief and Discovery (Cary, Robert)
(Entered: 09/15/2008)
09/16/2008 69 NOTICE OF ATTORNEY APPEARANCE: Beth A. Stewart appearing for
THEODORE F. STEVENS (jeb, ) (Entered: 09/16/2008)
09/16/2008 70 Objections to Government's Proposed Exhibits and Witnesses by THEODORE
F. STEVENS (Cary, Robert) Modified on 9/17/2008 (tnr, ). (Entered:
09/16/2008)
09/16/2008 71 Objections to Defendant's proposed exhibit list by USA as to THEODORE F.
STEVENS (Sullivan, Edward) Modified on 9/17/2008 (tnr, ). (Entered:
09/16/2008)
09/16/2008 72 RESPONSE by USA as to THEODORE F. STEVENS re 68 Notice (Other) of
Supplemental Authority (Sullivan, Edward) (Entered: 09/16/2008)
Conference as to THEODORE F. STEVENS held on 9/16/2008 Bond Status of
Defendant: PR/ DEFENDANT'S APPEARANCE WAIVED; Court Reporter:
WENDY RICARD Defense Attorney: ROBERT CARY/BRENDAN
SULLIVAN/ALEX ROMAINE; US Attorney: BRENDA MORRIS/EDWARD
SULLIVAN; (clv, ) (Entered: 09/16/2008)
09/17/2008 NOTICE re 70 Notice (Other); emailed to rcary@wc.com, cc'd 46 associated
attorneys -- The PDF file you docketed contained errors: 1. Document title does
not match docketed event, 2. Documents 70 and 71 were modified to read as
Objections as no Notice of Filings were filed. (tnr, ) (Entered: 09/17/2008)
09/17/2008 NOTICE re 72 Reply to document; emailed to edward.sullivan@usdoj.gov, cc'd
46 associated attorneys -- The PDF file you docketed contained errors: 1.
Modified to read as a Response. (tnr, ) (Entered: 09/17/2008)
09/18/2008 Minute Entry for proceedings held before Judge Emmet G. Sullivan:Pretrial
Conference as to THEODORE F. STEVENS held on 9/18/2008. Bond Status of
Defendant: PR/DEFENDANT APPEARANCE WAIVED; Court Reporter:
JACKIE SULLIVAN Defense Attorney: BRENDAN SULLIVAN/ROBERT
CARY/CRAIG SINGER/BETH STEWART; US Attorney: EDWARD
SULLIVAN/BRENDA MORRIS/NICHOLAS MARSH/JOSEPH
BOTTINI/JAMES GOEKE; (clv, ) (Entered: 09/18/2008)
09/19/2008 MINUTE ORDER as to THEODORE F. STEVENS: Motion to Dismiss Case
for Violation of the Speech or Debate Clause is DENIED 14 ; Motion in Limine
Concerning the Inapplicability of the Speech or Debate Clause GRANTED 19 ;
Cross Motion in Limine to Exclude Evidence Desscribed in government's
pages
Motion in Limine Concerning Inapplicability of the Speech or Debate Clause
DENIED 35 . Signed by Judge Emmet G. Sullivan on 9/16/08. (clv, ) (Entered:
09/19/2008)
09/19/2008 MINUTE ORDER as to THEODORE F. STEVENS: Motion in Limine to
Exclude Purported 404(b) Evidence DENIED 57 ; Motion to Obtain Medical
Records GRANTED pursuant to a protective order; proposed protective order to
be submitted by the parties by no later than September 18, 2008.. Signed by
Judge Emmet G. Sullivan on 9/18/08. (clv, ) (Entered: 09/19/2008)
Sullivan on September 19, 2008.Upon further consideration and pursuant to
instructions provided to counsel regarding the posting of trial exhibits during
trial, the Court directs the parties to file on a daily basis via the Electronic Case
Filing system copies of all documents admitted into evidence during that day's
proceedings. Exhibits shall be filed by no later than 6:00 pm. In addition, the
Court vacates its prior order directing the government to post all exhibits. (jwd)
(Entered: 09/19/2008)
09/19/2008 73 ORDER regarding procedures in the trial of this case as to THEODORE F.
STEVENS. Signed by Judge Emmet G. Sullivan on 9/19/08. (jeb, ) (Entered:
09/19/2008)
09/19/2008 79 MOTION to Quash Items 2 and 3 of Defendant Steven's 9/12/08 subpoena and
Item 1 of defendant Stevens' 9/17/08 subpoena by CH2M HILL COMPANIES,
LTD. as to THEODORE F. STEVENS. (Attachments: # 1 Text of Proposed
Order)(jeb, ) (Entered: 09/22/2008)
09/20/2008 MINUTE ORDER as to THEODORE F. STEVENS, Responses to the Motion to
Quash filed by CH2M Hill are due by 12:00 Noon on 9/22/2008, Replies are due
by 12:00 Noon on 9/23/2008.. Signed by Judge Emmet G. Sullivan on 9/20/08.
(clv, ) (Entered: 09/20/2008)
Attachment)(Cary, Robert) (Entered: 09/21/2008)
09/21/2008 75 MOTION to Compel by USA as to THEODORE F. STEVENS. (Attachments: #
1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(Sullivan, Edward) (Entered:
09/21/2008)
09/22/2008 76 ORDER ESTABLISHING PROCEDURES FOR EVIDENTIARY
OBJECTIONS as to THEODORE F. STEVENS, Counsel for each party shall
provide the Court with two complete copies of the parties' OWN exhibits by
5:00 p.m. on 9/23/2008. Setting forth further instruction to counsel.. Signed by
Judge Emmet G. Sullivan on 9/20/08. (clv, ) (Entered: 09/22/2008)
09/22/2008 77 PROTECTIVE ORDER as to THEODORE F. STEVENS. Signed by Judge
Emmet G. Sullivan on 9/20/08. (clv, ) (Entered: 09/22/2008)
09/22/2008 78 ORDER as to THEODORE F. STEVENS Granting Defendant's Motion to
Obtain Medical Records.. Signed by Judge Emmet G. Sullivan on 9/20/08. (clv,
) (Entered: 09/22/2008)
pages
09/22/2008 80 MOTION for Waiver of Presence by THEODORE F. STEVENS. (Attachments:
# 1 Exhibit A, # 2 Text of Proposed Order)(Cary, Robert) (Entered: 09/22/2008)
09/22/2008 81 Memorandum in Opposition by THEODORE F. STEVENS re 79 MOTION to
Quash (Attachments: # 1 Exhibit 1)(Cary, Robert) (Entered: 09/22/2008)
09/22/2008 82 RESPONSE by USA as to THEODORE F. STEVENS re 74 Proposed Jury
Instructions (Attachments: # 1 Exhibit)(Sullivan, Edward) (Entered: 09/22/2008)
09/22/2008 84 REPLY by THEODORE F. STEVENS Regarding Proposed Speech or Debate
Instruction (Cary, Robert) (Entered: 09/22/2008)
09/22/2008 85 RESPONSE by THEODORE F. STEVENS re 75 MOTION to Compel
(Attachments: # 1 Exhibit 1)(Cary, Robert) (Entered: 09/22/2008)
Defendant: PR; Court Reporter: JACKIE SULLIVAN Defense Attorney:
BRENDAN SULLIVAN/ROBERT CAREY; US Attorney: EDWARD
SULLIVAN/BRENDA MORRIS/NICHOLAS MARSH; (clv, ) (Entered:
09/23/2008)
09/22/2008 Minute Entry for proceedings held before Judge Emmet G. Sullivan:Voir Dire
begun and held on 9/22/2008 as to THEODORE F. STEVENS. Voir Dire
continued to 9/23/2008 at 09:00 AM in Courtroom 24A before Judge Emmet G.
Sullivan. Bond Status of Defendant: Defendant remains on Personal
Recognizance. (Court Reporter: Jackie Sullivan;Defense Attorneys: Brendan
Sullivan, Robert Carey, Craig Singer and Beth Stewart; US Attorneys: Edward
Sullivan, Brenda Morris and Nicholas Marsh) (tnr, ) (Entered: 09/24/2008)
09/23/2008 MINUTE ORDER as to THEODORE F. STEVENS, directing the Government
to file a reply to Defendants' Response to the Motion to Compel by 8:00 p.m. on
9/23/08. ( Replies due by 9/23/2008.). Signed by Judge Emmet G. Sullivan on
9/23/08. (clv, ) (Entered: 09/23/2008)
09/23/2008 86 REPLY in Support by CH2M HILL COMPANIES, LTD. as to THEODORE F.
STEVENS re 79 MOTION to Quash Subpoena Items (Burns, David) (Entered:
09/23/2008)
09/23/2008 87 REPLY in Support by USA as to THEODORE F. STEVENS re 75 MOTION to
Compel (Sullivan, Edward) (Entered: 09/23/2008)
09/23/2008 Minute Entry for proceedings held before Judge Emmet G. Sullivan:Voir Dire
resumed and held on 9/23/2008 as to THEODORE F. STEVENS. Voir Dire
Sullivan, Robert Carey, Craig Singer and Beth Stewart; US Attorneys: Edward
Sullivan, Brenda Morris and Nicholas Marsh) (tnr, ) (Entered: 09/24/2008)
pages
09/24/2008 88 SUPPLEMENT by THEODORE F. STEVENS Regarding Fed. R. Evid.
801(d)(2)(E) (Cary, Robert) (Entered: 09/24/2008)
Hearing as to THEODORE F. STEVENS held on 9/24/2008 re 79 MOTION to
Quash filed by CH2M HILL COMPANIES, LTD. heard. Bond Status of
Defendant: PR; Court Reporter: WENDY RICARD Defense Attorney:
BRENDAN SULLIVAN/ROBERT CARY/CRAIG SINGER/BETH
STEWART/ALEX ROMAIN; US Attorney: EDWARD SULLIVAN/BRENDA
MORRIS/NICHOLAS MARSH/JOSEPH BOTTINI/JAMES GOEKE; (clv, )
(Entered: 09/25/2008)
09/24/2008 Minute Entry for proceedings held before Judge Emmet G. Sullivan: Voir Dire
resumed and concluded as to THEODORE F. STEVENS on 9/24/2008. Jury
Selection begun and concluded; twelve (12) jurors and four (4) alternates
selected but not yet sworn. Jury Trial set for 9/25/2008 at 09:30 AM in
Courtroom 24A before Judge Emmet G. Sullivan. Bond Status of Defendant:
Defendant remains on Personal Recognizance. (Court Reporter: Jackie
Sullivan;Defense Attorneys: Brendan Sullivan, Robert Carey, Craig Singer, Beth
Stewart and Alex Romain; US Attorneys: Edward Sullivan, Brenda Morris and
Nicholas Marsh) (tnr, ) (Entered: 09/25/2008)
09/25/2008 89 NOTICE OF FILING TRIAL EXHIBITS INTRODUCED INTO EVIDENCE
by THEODORE F. STEVENS (Attachments: # 1 Exhibit DX Ex. 3510)(Cary,
by USA as to THEODORE F. STEVENS (Attachments: # 1 Exhibit 2, # 2
Exhibit 5, # 3 Exhibit 6, # 4 Exhibit 19, # 5 Exhibit 20, # 6 Exhibit 21, # 7
Exhibit 23, # 8 Exhibit 26, # 9 Exhibit 29, # 10 Exhibit 103, # 11 Exhibit 105, #
12 Exhibit 114, # 13 Exhibit 115, # 14 Exhibit 116, # 15 Exhibit 120, # 16
Exhibit 125, # 17 Exhibit 126, # 18 Exhibit 127, # 19 Exhibit 132, # 20 Exhibit
142, # 21 Exhibit 143, # 22 Exhibit 144, # 23 Exhibit 22, # 24 Exhibit 27, # 25
Exhibit 102, # 26 Exhibit 104, # 27 Exhibit 145)(Marsh, Nicholas) (Entered:
09/25/2008)
09/25/2008 91 NOTICE of Filing Government's Witness List by USA as to THEODORE F.
STEVENS (Attachments: # 1 Witness List for 9-26-08)(Marsh, Nicholas)
(Entered: 09/25/2008)
09/25/2008 Minute Entry for proceedings held before Judge Emmet G. Sullivan:Jury Trial
begun and held as to THEODORE F. STEVENS on 9/25/2008 on Counts 1 and
2-7 with same jury of twelve (12) and four (4) alternates. Jurors sworn. Jury
Trial continued to 9/26/2008 at 09:30 AM in Courtroom 24A before Judge
Emmet G. Sullivan. Bond Status of Defendant: Defendant remains on Personal
Sullivan, Robert Carey, Craig Singer, Beth Stewart and Alex Romain; US
Attorneys: Edward Sullivan, Brenda Morris and Nicholas Marsh; Witnesses:
John Hess and Derrick Awad) (tnr, ) (Entered: 09/26/2008)
09/26/2008 92 ENTERED IN ERROR.....NOTICE of Filing Witness List by USA as to
pages
THEODORE F. STEVENS (Attachments: # 1 Witness List)(Marsh, Nicholas)
09/26/2008 NOTICE OF ERROR re 91 Notice (Other); emailed to
nicholas.marsh@usdoj.gov, cc'd 74 associated attorneys -- The PDF file you
docketed contained errors: 1. Please refile document, 2. Attachment was a
duplicate of the Notice of Filing. (ztnr, ) (Entered: 09/26/2008)
09/26/2008 93 ENTERED IN ERROR.....NOTICE of appearance as to witness Bill J. Allen by
THEODORE F. STEVENS (Magid, Creighton) Modified on 9/29/2008 (nmw, ).
(Entered: 09/26/2008)
09/26/2008 94 MOTION in Limine by USA as to THEODORE F. STEVENS. (Attachments: #
1 Text of Proposed Order)(Sullivan, Edward) (Entered: 09/26/2008)
1059, # 21 Exhibit 1060, # 22 Exhibit 1061, # 23 Exhibit 1062, # 24 Exhibit
1091, # 53 Exhibit 1092, # 54 Exhibit 1093, # 55 Exhibit 1107)(Marsh,
Nicholas) (Entered: 09/26/2008)
09/26/2008 96 NOTICE of Filing Witness List by USA as to THEODORE F. STEVENS
(Attachments: # 1 Witness List)(Marsh, Nicholas) (Entered: 09/26/2008)
resumed and held as to THEODORE F. STEVENS on 9/26/2008 as to Counts 1
and 2-7 with same jury of twelve (12) and four (4) alternates. Jury Trial
Recognizance. (Court Reporter: Jackie Sullivan;Defense Attorneys: Brenda
Sullivan, Robert Carey, Alex Romain, Craig Singer and Beth Stewart; US
Attorneys: Edward Sullivan, Brenda Morris, Nicholas Marsh, Joseph Bottini and
James Goeke; Government Witnesses: Doug Alke, Roy Dettmer, Dan
McBirney, Michael Leuther and Cheryl Boomershine) (tnr, ) (Entered:
09/30/2008)
09/27/2008 97 NOTICE of Filing Government's List of Exhibits by USA as to THEODORE F.
STEVENS (Attachments: # 1 Exhibit List)(Marsh, Nicholas) (Entered:
09/27/2008)
pages
Limine (Cary, Robert) (Entered: 09/27/2008)
09/27/2008 99 REPLY in Support by USA as to THEODORE F. STEVENS re 94 MOTION in
Limine (Marsh, Nicholas) (Entered: 09/27/2008)
09/27/2008 100 ENTERED IN ERROR.....WITNESS LIST by USA as to THEODORE F.
STEVENS (Marsh, Nicholas) Modified on 9/29/2008 (nmw, ). (Entered:
09/27/2008)
09/27/2008 101 WITNESS LIST by USA as to THEODORE F. STEVENS (Marsh, Nicholas)
(Entered: 09/27/2008)
09/27/2008 MINUTE ORDER as to THEODORE F. STEVENS,Pursuant to the telephone
conference with counsel and the Court on September 27, 2008, it is hereby
ORDERED that on Monday, September 29, 2008, the government will go
foward with the following witnesses (not necessarily in this order); Jeri Best,
Courtney Boone, Brian Byrne, Jack Billings, Kent Cooper, Cecil Dale, III, John
Fugate, Charlie Hart, Edgar Hernandez, Daniel Johnston, Jim Kaiser, Clint
Murdock, Heather Resz, and Caleb Clemons. The government will call Bill
Allen no sooner than Tuesday, September 30, 2008. The government will
provide defense counsel with a list of all exhibits it intends to use with these
witnesses by no later than 4:30 p.m. on September 27, 2008. Any objections to
those exhibits shall be provided to the Court via e-mail by no later than 2:00
p.m. on Sunday, September 28, 2008, and the government's responses shall be
provided to the court via e-mail by no later than 6:00 p.m. on Sunday, September
28, 2008. ( due by 9/27/2008., Responses due by 9/28/2008). Signed by Judge
1 Exhibit, # 2 Text of Proposed Order)(Sullivan, Edward) (Entered: 09/28/2008)
09/28/2008 103 MOTION to Dismiss Case or for a Mistrial by THEODORE F. STEVENS.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cary,
09/28/2008 104 MOTION for a Mistrial by THEODORE F. STEVENS. (See Docket Entry 103
to view document). (nmw, ) Modified on 10/1/2008 (tnr, ). (Entered:
09/30/2008)
magid.chip@dorseylaw.com, cc'd 75 associated attorneys -- The PDF file you
docketed contained errors: 1. Document entered in error; please do not file
documents related to the witness in this case. (nmw, ) (Entered: 09/29/2008)
09/29/2008 NOTICE OF ERROR re 100 Witness List; emailed to
docketed contained errors: 1. Document entered in error as duplicate of Doc. No.
101. (nmw, ) (Entered: 09/29/2008)
Motion to Dismiss Indictment or 104 MOTION for a Mistrial. (Attachments: # 1
Exhibit Affidavit in Support of Government's Opposition for Defendant's
pages
Motion for Disqualification (Chad Joy), # 2 Exhibit E-Mail, # 3 Affidavit in
Support of Government's Opposition for Defendant's Motion for Disqualification
(William M. Welch, II), # 4 Exhibit 4) (hsj, ) Modified on 10/1/2008 (tnr, ).
(Entered: 09/30/2008)
Recognizance. (Court Reporters: Jackie Sullivan and Wendy Ricard;Defense
Attorneys: Brendan Sullivan, Robert Carey, Alex Romain, Craig Singer and
Beth Stewart; US Attorneys: Edward Sullivan, Brenda Morris, Nicholas Marsh,
Joseph Bottini and James Goeke; Government Witnesses: Cheryl Boomershine,
Bryan Byrne, Edgar Hernandez, Caleb Slemmons, Cecil Dale and Daniel
Johnston) (tnr, ) (Entered: 09/30/2008)
09/30/2008 106 SUPPLEMENT by USA as to THEODORE F. STEVENS re 105 Memorandum
in Opposition, (Sullivan, Edward) (Entered: 09/30/2008)
09/30/2008 107 NOTICE of Witness and Exhibit List for October 1, 2008 by USA as to
THEODORE F. STEVENS (Marsh, Nicholas) (Entered: 09/30/2008)
09/30/2008 108 MOTION in Limine for Admission of Certain Statements by USA as to
THEODORE F. STEVENS. (Attachments: # 1 Text of Proposed
Order)(Sullivan, Edward) Modified on 10/1/2008 (tnr, ). (Entered: 09/30/2008)
98)(Marsh, Nicholas) (Entered: 09/30/2008)
by USA as to THEODORE F. STEVENS (Attachments: # 1 Exhibit
09/30/2008 112 NOTICE of Senator Stevens's Objections to Proposed Exhibits the Government
Seeks to Introduce During the Testimony of Bill J. Allen by THEODORE F.
STEVENS (Cary, Robert) (Entered: 09/30/2008)
09/30/2008 113 MOTION in Limine to Exclude Reference to Alaska Sen. Ben Stevens by
09/30/2008 114 REPLY in Support by THEODORE F. STEVENS re 103 and 104 MOTION to
Dismiss Case or for a Mistrial (Attachments: # 1 Exhibit A, # 2 Exhibit
pages
B)(Cary, Robert) Modified on 10/1/2008 (tnr, ). (Entered: 09/30/2008)
271, # 12 Exhibit 570)(Marsh, Nicholas) (Entered: 09/30/2008)
101, # 7 Exhibit 207, # 8 Exhibit 239, # 9 Exhibit 240, # 10 Exhibit 609)(Marsh,
by USA as to THEODORE F. STEVENS (Attachments: # 1 Exhibit 91)(Marsh,
Limine for the Admission of Business Records Obtained From Carroll Walk,
LTD (Cary, Robert) (Entered: 09/30/2008)
Joseph Bottini and James Goeke; Government Witnesses: John Fugate, Jack
Billings, Jim Kaiser, Courtney Boone, Heather Resz, Jeri Best and Bill Allen)
(tnr, ) (Entered: 10/01/2008)
10/01/2008 119 MOTION in Limine to Admit Testimony by USA as to THEODORE F.
STEVENS. (Attachments: # 1 Text of Proposed Order)(Sullivan, Edward)
10/01/2008 120 NOTICE of Filing Witness and Exhibit List by USA as to THEODORE F.
STEVENS (Marsh, Nicholas) (Entered: 10/01/2008)
10/01/2008 NOTICE OF ERROR re 104 Motion for Miscellaneous Relief; emailed to
nicole_wilkens@dcd.uscourts.gov, cc'd 75 associated attorneys -- The PDF file
you docketed contained errors: 1. Modified filing date to reflect 9/28/08 instead
of 9/26/08. (ztnr, ) (Entered: 10/01/2008)
10/01/2008 NOTICE OF ERROR re 108 Motion in Limine ; emailed to
edward.sullivan@usdoj.gov, cc'd 74 associated attorneys -- The PDF file you
docketed contained errors: 1. Modified to add requested relief to docket entry.
(ztnr, ) (Entered: 10/01/2008)
10/01/2008 NOTICE OF ERROR re 110 Notice of Filing Trial Exhibits Introduced Into
pages
Evidence; emailed to nicholas.marsh@usdoj.gov, cc'd 74 associated attorneys --
The PDF file you docketed contained errors: 1. Please refile Attachments 5 & 6
with a Notice of Filing as there are pages that are illegible. (ztnr, ) (Entered:
10/01/2008)
10/01/2008 121 NOTICE of Objections to Government's Proposed Witnesses and Exhibits by
THEODORE F. STEVENS re 120 Notice (Other) (Cary, Robert) (Entered:
10/01/2008)
Limine To Admit The Testimony of Kent Cooper (Cary, Robert) (Entered:
10/01/2008)
Exhibit 99, # 8 Exhibit 100, # 9 Exhibit 167, # 10 Exhibit 272, # 11 Exhibit 171,
# 12 Exhibit 172, # 13 Exhibit 428, # 14 Exhibit 495, # 15 Exhibit 509, # 16
Exhibit 925)(Marsh, Nicholas) (Entered: 10/01/2008)
10/01/2008 124 ENTERED IN ERROR.....NOTICE by USA as to THEODORE F. STEVENS
(Marsh, Nicholas) Modified on 10/2/2008 (tnr, ). (Entered: 10/01/2008)
10/01/2008 125 REPLY by USA as to THEODORE F. STEVENS re 121 NOTICE of Objections
to Government's Proposed Witnesses and Exhibits by THEODORE F.
STEVENS. (tnr, ) (Entered: 10/02/2008)
Joseph Bottini and James Goeke; Government Witness: Bill Allen) (tnr, )
(Entered: 10/02/2008)
10/02/2008 NOTICE OF ERROR re 119 Motion in Limine ; emailed to
docketed contained errors: 1. Modified to add requested relief to docket entry.
(ztnr, ) (Entered: 10/02/2008)
docketed contained errors: 1. Incorrect event used, 2. No need to refile.
Document has been refiled as a Reply. (ztnr, ) (Entered: 10/02/2008)
10/02/2008 126 Emergency MOTION to Dismiss Case or For a Mistrial Due to Government's
Continuing Brady Violations by THEODORE F. STEVENS. (Attachments: # 1
Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit
F, # 7 Exhibit G, # 8 Exhibit H)(Romain, Alex) (Entered: 10/02/2008)
pages
10/02/2008 MINUTE ORDER as to THEODORE F. STEVENS ; The Government is
directed to file by no later than 3:30 p.m. today, a declaration under oath setting
forth the source and/or sources for the summary information provided on page 3,
paragraph 17(c) of the government's September 9, 2008 letter from Ms. Morris
to Mr. Romain purporting to Summarize Brady/Giglio information. The
submission must include copies of the underlying documents.. Signed by Judge
Emergency MOTION to Dismiss Case or For a Mistrial Due to Government's
Continuing Brady Violations (Attachments: # 1 Exhibit, # 2 Exhibit)(Sullivan,
10/02/2008 128 NOTICE of declaration by USA as to THEODORE F. STEVENS (Sullivan,
Hearing as to THEODORE F. STEVENS held on 10/2/2008 re 126 Emergency
MOTION to Dismiss Case For a Mistrial Due to Government's Continuing
Brady Violations filed by THEODORE F. STEVENS; Motion heard and denied.
Jury Trial resumes on 10/6/2008 at 09:00 AM in Courtroom 24A before Judge
Emmet G. Sullivan. Bond Status of Defendant: PR; Court Reporter: WENDY
RICARD Defense Attorney: BRENDAN SULLIVAN/ROBERT CARY/CRAIG
SINGER/BETH STEWART/ALEX ROMAIN; US Attorney: EDWARD
SULLIVAN/BRENDA MORRIS/NICHOLAS MARSH/JOSEPH
BOTTINI/JAMES GOEKE; (clv, ) (Entered: 10/02/2008)
Joseph Bottini and James Goeke) (tnr, ) (Entered: 10/03/2008)
10/03/2008 129 NOTICE OF ATTORNEY APPEARANCE: Joseph Marshall Terry, Jr
appearing for THEODORE F. STEVENS (Terry, Joseph) (Entered: 10/03/2008)
10/03/2008 NOTICE OF ERROR re 126 Motion to Dismiss Case; emailed to
aromain@wc.com, cc'd 75 associated attorneys -- The PDF file you docketed
contained errors: 1. Exhibit C restricted at the request of the filer. A redacted
version will be filed. (ztnr, ) (Entered: 10/03/2008)
10/05/2008 130 MOTION to Dismiss Case Due to the Government's Intentional and Repeated
Misconduct by THEODORE F. STEVENS. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit
G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, #
13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, #
18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, #
pages
23 Exhibit W, # 24 Exhibit X)(Cary, Robert) (Entered: 10/05/2008)
10/05/2008 MINUTE ORDER. The government shall respond to defendant's Motion to
Dismiss Case by no later than 8:00 pm on October 6, 2008; defendant's reply is
due no later than 8:00 am on October 7, 2008. The Status Hearing scheduled for
9:00 am on October 6, 2008 will proceed as scheduled, and trial will resume
promptly at 9:30 am on October 6, 2008. Signed by Judge Emmet G. Sullivan on
October 5, 2008. (AS) (Entered: 10/05/2008)
MOTION to Dismiss Case Due to the Government's Intentional and Repeated
Misconduct (Sullivan, Edward) (Entered: 10/05/2008)
10/06/2008 Set/Reset Deadlines/Hearings as to THEODORE F. STEVENS: Responses due
by 10/6/2008 Replies due by 10/7/2008. Status Conference set for 10/6/2008
09:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. Trial shall
resume 10/6/08 at 9:30 a.m. (clv, ) (Entered: 10/06/2008)
Defendant: PR; Court Reporter: JACKIE SULLIVAN Defense Attorney:
BRENDEN SULLIVAN/ROBERT CARY'/CRAIG SINGER/BETH
(Entered: 10/06/2008)
by THEODORE F. STEVENS (Attachments: # 1 Exhibit DX408, # 2 DX413, #
3 Exhibit DX561, # 4 Exhibit DX4000)(Cary, Robert) (Entered: 10/06/2008)
MOTION to Dismiss Case Due to the Government's Intentional and Repeated
Misconduct (Attachments: # 1 Exhibit 1, # 2 Exhibit 5, # 3 Exhibit 6, # 4 Exhibit
7, # 5 Exhibit 8, # 6 Exhibit 9, # 7 Exhibit 10, # 8 Exhibit 11, # 9 Exhibit 14, #
10 Exhibit 15)(Morris, Brenda) (Entered: 10/06/2008)
10/06/2008 135 SUPPLEMENT by THEODORE F. STEVENS re 122 Memorandum in
Opposition to Government's Motion In Limine to Admit the Testimony of Kent
Cooper (Singer, Craig) (Entered: 10/06/2008)
10/06/2008 136 SUPPLEMENT by THEODORE F. STEVENS re 130 MOTION to Dismiss
Case Due to the Government's Intentional and Repeated Misconduct (Sullivan,
Brendan) (Entered: 10/06/2008)
pages
Joseph Bottini and James Goeke; Witness: Bill Allen) (tnr, ) (Entered:
10/07/2008)
Case Due to the Government's Intentional and Repeated Misconduct (Sullivan,
Brendan) (Entered: 10/07/2008)
10/07/2008 138 WITNESS LIST by THEODORE F. STEVENS (Cary, Robert) (Entered:
10/07/2008)
Defendant: PR; Court Reporter: WENDY RICARD Defense Attorney:
BRENDAN SULLIVAN/ROBERT CARY/CRAIG SINGER/BETH
(Entered: 10/07/2008)
Exhibit 771, # 3 Exhibit 1122, # 4 Exhibit 770)(Marsh, Nicholas) (Entered:
10/07/2008)
by THEODORE F. STEVENS (Attachments: # 1 Exhibit DX161, # 2 Exhibit
DX186, # 3 Exhibit DX202, # 4 Exhibit DX3372, # 5 Exhibit DX3491, # 6
Exhibit DX4001, # 7 Exhibit GX1075)(Cary, Robert) (Entered: 10/07/2008)
10/07/2008 141 REPLY in Support by USA as to THEODORE F. STEVENS re 102 MOTION
in Limine (Marsh, Nicholas) (Entered: 10/07/2008)
Recognizance. (Court Reporters: Jackie Sullivan and Wendy Ricard; Defense
Joseph Bottini and James Goeke; Witnesses: Bill Allen, Charlie Hart, Sheila
Macklin and Mary Joe Herrett) (tnr, ) (Entered: 10/08/2008)
10/08/2008 142 MOTION to Dismiss Case or for Mistrial Due to Government's Failure to
Comply with Federal Rule of Criminal Procedure 16(a)(1)(E) by THEODORE
F. STEVENS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Cary,
pages
10/08/2008 143 NOTICE of Witnesses and Exhibits by THEODORE F. STEVENS (Cary,
10/08/2008 144 MOTION for Acquittal by THEODORE F. STEVENS. (Attachments: # 1
Exhibit 1)(Singer, Craig) (Entered: 10/08/2008)
10/08/2008 145 MOTION for Reconsideration by USA as to THEODORE F. STEVENS.
(Morris, Brenda) (Entered: 10/08/2008)
by USA as to THEODORE F. STEVENS (Attachments: # 1 Exhibit, # 2
Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Marsh, Nicholas) (Entered:
10/08/2008)
10/08/2008 147 ENTERED IN ERROR.....NOTICE Opposition to the Government's Request To
Circumvent this Court's Sanction by Reopening Its Case After the Close of the
Government's Evidence and After Defendant Has Filed His Rule 29 Motion by
THEODORE F. STEVENS (Singer, Craig) Modified on 10/9/2008 (tnr, ).
(Entered: 10/08/2008)
10/08/2008 150 Memorandum in Opposition by THEODORE F. STEVENS re 145 MOTION for
Reconsideration. (tnr, ) (Entered: 10/09/2008)
Joseph Bottini and James Goeke; Witness: Michelle Pluta) (tnr, ) (Entered:
10/09/2008)
10/08/2008 Minute Entry for proceedings held before Judge Emmet G. Sullivan:Motion to
Dismiss Hearing held as to THEODORE F. STEVENS on 10/8/2008 ; OTBP
Bond Status of Defendant: PR; Court Reporter: WENDY RICARD Defense
Attorney: BRENDAN SULLIVAN/ROBERT CARY/CRAIG SINGER/BETH
STEWART; US Attorney: EDWARD SULLIVAN/BRENDA
(Entered: 10/10/2008)
10/09/2008 148 Supplemental Memorandum in Opposition by THEODORE F. STEVENS re
145 MOTION for Reconsideration (Singer, Craig) Modified on 10/9/2008 (tnr, ).
(Entered: 10/09/2008)
10/09/2008 149 NOTICE of Anticipated Witnesses and Exhibits by THEODORE F. STEVENS
10/09/2008 NOTICE OF ERROR re 147 Notice (Other); emailed to csinger@wc.com, cc'd
77 associated attorneys -- The PDF file you docketed contained errors: 1.
Incorrect event used, 2. No need to refile, has been filed as an Opposition. (ztnr,
pages
) (Entered: 10/09/2008)
DX404)(Cary, Robert) (Entered: 10/09/2008)
10/09/2008 152 NOTICE of Filing of Redacted Exhibits by THEODORE F. STEVENS re 151
Notice of Filing Trial Exhibits Introduced Into Evidence (Attachments: # 1
Exhibit Redacted DX 242, # 2 Exhibit Redacted DX404)(Stewart, Beth)
(Entered: 10/09/2008)
by USA as to THEODORE F. STEVENS (Attachments: # 1 Exhibit
1 Text of Proposed Order)(Sullivan, Edward) (Entered: 10/09/2008)
10/09/2008 158 NOTICE of Senator Stevens's Objection to Jury Instruction Regarding the
Government's Intentional Use of False Evidence by THEODORE F. STEVENS
(Attachments: # 1 Exhibits A through C)(Singer, Craig) (Entered: 10/09/2008)
10/09/2008 159 MOTION to Clarify Character Witnesses by THEODORE F. STEVENS. (Cary,
continued to 10/10/2008 at 09:30 AM in Courtroom 24A before Judge Emmet
G. Sullivan. Bond Status of Defendant: Defendant remains on Personal
Recognizance. (Court Reporters: Jackie Sullivan and Wendy Ricard; Defense
Joseph Bottini and James Goeke; Witnesses: David Anderson, Senator Daniel
Inouye, Dean Osmar, James Varsos and David Monson) (tnr, ) (Entered:
10/14/2008)
10/09/2008 Minute Entry for proceedings held before Judge Emmet G. Sullivan: Motion
Hearing as to THEODORE F. STEVENS held on 10/9/2008 re 144 MOTION
for Acquittal filed by THEODORE F. STEVENS. Motion heard and denied.
pages
Bond Status of Defendant: Defendant remains on Personal Recognizance. (Court
Reporters: Jackie Sullivan and Wendy Ricard;Defense Attorneys: Brendan
James Goeke) (tnr, ) (Entered: 10/14/2008)
10/10/2008 160 NOTICE of Proffer of William R. Martin's Testimony by THEODORE F.
STEVENS (Cary, Robert) (Entered: 10/10/2008)
10/10/2008 161 MOTION to Admit Testimony of Keith Tryck Directly Relating to an Element
of 18 U.S.C. § 1001 by THEODORE F. STEVENS. (Attachments: # 1 Exhibit
A)(Singer, Craig) (Entered: 10/10/2008)
DX30, # 3 Exhibit DX187, # 4 Exhibit DX192, # 5 Exhibit DX197, # 6 Exhibit
Exhibit DX323, # 11 Exhibit DX434, # 12 Exhibit DX502, # 13 Exhibit DX632,
# 14 Exhibit DX633, # 15 Exhibit DX634, # 16 Exhibit DX2561, # 17 Exhibit
DX3620, # 18 Exhibit DX3632, # 19 Exhibit DX3633, # 20 Exhibit
resumed and held as to THEODORE F. STEVENS on 10/10/2008 as to Counts
1 and 2-7 with same jury of twelve (12) and four (4) alternates. Jury Trial
Joseph Bottini and James Goeke; Witnesses: Ronald Raney, Gary Randall, Tony
Hannah, Robert Redmon, General Colin Powell, Louise Johnson, Julie Kitka,
John McGee, Mano Wm. Frey, Jim Sampson, Danny Bowman and Russell
Howell) (tnr, ) (Entered: 10/14/2008)
10/11/2008 163 MOTION to Quash Government Subpoena Directed to Mayer Brown LLP by
THEODORE F. STEVENS. (Attachments: # 1 Exhibits A through C)(Terry,
Joseph) (Entered: 10/11/2008)
Exhibit 2003, # 3 Exhibit 2005)(Marsh, Nicholas) (Entered: 10/11/2008)
10/12/2008 165 RESPONSE by USA as to THEODORE F. STEVENS re 160 Notice of Proffer
of William R. Martin's Testimony. (Sullivan, Edward) Modified on 10/14/2008
(tnr, ). (Entered: 10/12/2008)
10/12/2008 166 REPLY by THEODORE F. STEVENS re 160 Notice of Proffer of William R.
Martin's Testimony (Reply of Senator Stevens to Government's Response to
Notice of Proffer of William R. Martin's Testimony) (Cary, Robert) Modified on
10/14/2008 (tnr, ). (Entered: 10/12/2008)
pages
10/12/2008 167 MOTION to Strike and Preclude Reference to a "Public Interest" in Financial
Disclosure by THEODORE F. STEVENS. (Cary, Robert) (Entered: 10/12/2008)
10/12/2008 168 SUPPLEMENT by THEODORE F. STEVENS re 161 MOTION to Admit
Testimony of Keith Tryck Directly Relating to an Element of 18 U.S.C. § 1001
(Singer, Craig) (Entered: 10/12/2008)
10/13/2008 MINUTE ORDER directing that any response to the defendant's Motion to
Quash be filed by no later than 9:00 pm on October 13, 2008, and any reply shall
be filed by no later than 8:00 am on October 14, 2008. The parties are advised
that to date, the Court has not received the in camera submission referred to in
footnote one of the defendant's motion. Signed by Judge Emmet G. Sullivan on
10/13/2008 170 MOTION to Strike Evidence of Uncharged Alleged Gifts by THEODORE F.
STEVENS. (Attachments: # 1 Text of Proposed Order)(Singer, Craig) (Entered:
10/13/2008)
10/13/2008 171 MOTION to Strike Veco Accounting Records Pursuant to Federal Rules of
Evidence 802 and 803(6) by THEODORE F. STEVENS. (Attachments: # 1
Proposed Order)(Terry, Joseph) (Entered: 10/13/2008)
MOTION to Quash Government Subpoena Directed to Mayer Brown LLP
(Attachments: # 1 Exhibit Exhibits A-D)(Sullivan, Edward) (Entered:
10/13/2008)
10/13/2008 173 REPLY in Support by THEODORE F. STEVENS re 163 MOTION to Quash
Government Subpoena Directed to Mayer Brown LLP (Terry, Joseph) (Entered:
10/13/2008)
10/14/2008 NOTICE OF ERROR re 166 Response to document; emailed to rcary@wc.com,
cc'd 77 associated attorneys -- The PDF file you docketed contained errors: 1.
Modified to read as a REPLY. (tnr, ) (Entered: 10/14/2008)
Strike and Preclude Reference to a "Public Interest" in Financial Disclosure
(Marsh, Nicholas) (Entered: 10/14/2008)
# 14 Exhibit DX631, # 15 Exhibit DX2273, # 16 Exhibit DX3631)(Cary,
pages
10/14/2008 177 MOTION to Permit Testimony of Augie Paone by THEODORE F. STEVENS.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cary, Robert) (Entered: 10/14/2008)
Strike Veco Accounting Records Pursuant to Federal Rules of Evidence 802 and
803(6) (Marsh, Nicholas) (Entered: 10/14/2008)
10/14/2008 179 SUPPLEMENT by USA as to THEODORE F. STEVENS re 165 Response to
document (Sullivan, Edward) (Entered: 10/14/2008)
MOTION to Strike Evidence of Uncharged Alleged Gifts (Sullivan, Edward)
(Entered: 10/14/2008)
and Preclude Reference to a "Public Interest" in Financial Disclosure (Singer,
Craig) (Entered: 10/14/2008)
10/14/2008 182 MOTION to Strike Evidence Concerning Receipt of a Generator by
THEODORE F. STEVENS. (Attachments: # 1 Text of Proposed Order)(Singer,
Craig) (Entered: 10/14/2008)
Permit Testimony of Augie Paone (Sullivan, Edward) (Entered: 10/14/2008)
resumed and held as to THEODORE F. STEVENS on 10/14/2008 as to Counts
1 and 2-7 with same jury of twelve (12) and four (4) alternates. Jury Trial
Joseph Bottini and James Goeke; Witnesses: Gwen Sykes, Keith Tryck, Alvi
Sandvick, Orie Williams, Susan Covich, Polnie Penny, Tom Swanson, Augie
Paone and Senator Orrin Hatch) (tnr, ) (Entered: 10/15/2008)
Evidence of Uncharged Alleged Gifts (Singer, Craig) (Entered: 10/15/2008)
Veco Accounting Records Pursuant to Federal Rules of Evidence 802 and
803(6) (Terry, Joseph) (Entered: 10/15/2008)
DX182, # 3 Exhibit DX219, # 4 Exhibit DX431, # 5 DX946, # 6 DX950)(Cary,
MOTION to Strike Evidence Concerning Receipt of a Generator (Sullivan,
pages
10/15/2008 188 MOTION to Strike Unidentified Alleged Gifts by THEODORE F. STEVENS.
(Singer, Craig) (Entered: 10/15/2008)
Evidence Concerning Receipt of a Generator (Singer, Craig) (Entered:
10/15/2008)
10/15/2008 Minute Entry for proceedings held before Judge Emmet G. Sullivan: Jury Trial
as to THEODORE F. STEVENS resumed and held on 10/15/2008. THEODORE
F. STEVENS (1) Count 1,2-7. Same jury of 12 and 4 alternate jurors. Jury Trial
continued to 10/16/2008 09:30 AM in Courtroom 24A before Judge Emmet G.
Sullivan. (Bond Status of Defendant: Defendant Continued on PR Bond) (Court
Reporter: Jackie Sullivan and Wendy Ricard) (Defense Attorney: Brendan
Attorney: Edward Sullivan, Brenda Morris, Nicholas Marsh, Joseph Bottini and
James Goeke) (Witnesses: Augie Paone, Donna Devarona, Martha Stewart, Bob
Persons) (hsj, ) (Entered: 10/16/2008)
10/16/2008 190 RESPONSE by THEODORE F. STEVENS to Government's Objections to
Exhibits to be Used with Senator Stevens (Terry, Joseph) (Entered: 10/16/2008)
1023, # 7 Exhibit 619, # 8 Exhibit 1039, # 9 Exhibit 436, # 10 Exhibit 620, # 11
Exhibit 489, # 3 Exhibit 491, # 4 Exhibit 492, # 5 Exhibit 494, # 6 Exhibit 1032,
# 7 Exhibit 497, # 8 Exhibit 504, # 9 Exhibit 507, # 10 Exhibit 521, # 11 Exhibit
447, # 12 Exhibit 449, # 13 Exhibit 451, # 14 Exhibit 454, # 15 Exhibit 4556, #
Exhibit 1014, # 21 Exhibit 1013, # 22 Exhibit 1015, # 23 Exhibit 571, # 24
Exhibit 1026, # 25 Exhibit 1027)(Marsh, Nicholas) (Entered: 10/16/2008)
MOTION to Strike Unidentified Alleged Gifts (Attachments: # 1
Exhibit)(Sullivan, Edward) (Entered: 10/16/2008)
pages
# 14 Exhibit DX496, # 15 Exhibit DX662, # 16 Exhibit DX667, # 17 Exhibit
Exhibit DX980, # 22 Exhibit DX982, # 23 Exhibit DX983, # 24 Exhibit
10/16/2008 196 ENTERED IN ERROR.....Memorandum in Opposition by USA as to
THEODORE F. STEVENS re 188 MOTION to Strike Unidentified Alleged
Gifts (Attachments: # 1 Exhibit)(Sullivan, Edward) Modified on 10/17/2008 (tnr,
). (Entered: 10/16/2008)
10/16/2008 197 JOINT Proposed Jury Instructions as to THEODORE F. STEVENS. (Singer,
Craig) Modified on 10/17/2008 (tnr, ). (Entered: 10/16/2008)
Unidentified Alleged Gifts (Singer, Craig) (Entered: 10/16/2008)
resumed and held as to THEODORE F. STEVENS on Counts 1 and 2-7 with
same jury of twelve (12) and four (4) alternates. Jury Trial continued to
10/17/2008 at 09:30 AM in Courtroom 24A before Judge Emmet G. Sullivan.
Bond Status of Defendant: Defendant remains on Personal Recognizance. (Court
Reporters: Jackie Sullivan and Wendy Ricard;Defense Attorneys: Brendan
James Goeke; Witnesses: Bob Parsons, Catherine Stevens and Senator Theodore
Stevens) (tnr, ) (Entered: 10/17/2008)
10/17/2008 NOTICE OF ERROR re 196 Memorandum in Opposition; emailed to
docketed contained errors: 1. Duplicate filing. No need to refile. (tnr, ) (Entered:
10/17/2008)
10/17/2008 Counsel and the Court shall go over the Jury Instructions on 10/18/08 at 4:00
p.m. before Judge Emmet G. Sullivan, in Courtroom 24A, 4th Floor (clv, )
(Entered: 10/17/2008)
10/17/2008 Minute Entry for proceedings held before Judge Emmet G. Sullivan:Jury Trial as
to THEODORE F. STEVENS held and resumed on 10/17/2008 on Counts 1,2-7
with same jury of 12 and 4 alternates. Jury Trial set for 10/20/2008 09:30 AM in
defendant remains on personal recognizance bond; Court Reporter: Jackie
Sullivan and Wendy Ricard; Defense Attorneys: Brendan Sullivan, Robert
Carey, Alex Romain, Craig Singer, Beth Stewart; US Attorneys: Edward
Sullivan, Brenda Morris, Nicolas Marsh, Joseph Bottini, James Goeke. Witness:
Senator Theodore Stevens (mlp) (Entered: 10/21/2008)
Exhibit Text of Proposed Jury Instructions)(Singer, Craig) (Entered: 10/18/2008)
10/18/2008 MINUTE ORDER for proceedings held before Judge Emmet G. Sullivan:
hearing on proposed jury instructions held as to THEODORE F. STEVENS on
Saturday, October 18, 2008 in Courtroom 14. Argument heard with respect to
pages
the parties' proposed final instructions to the jury. The parties are directed to
provide the Court with the Red Book instructions, as determined at the hearing
and with appropriate modifications, and the parties' proposed verdict form, by no
later than 1:00 pm on Sunday, October 19, 2008, via email in WordPerfect
format. It is FURTHER ORDERED that closing arguments will be held on
Monday, October 20, 2008, immediately following the close of the defendant's
case-in-chief and any rebuttal by the government. Court Reporter: CATALINA
KERR; Defense Attorney: CRAIG SINGER/ROBERT CARY; US Attorney:
NICHOLAS MARSH.. Signed by Judge Emmet G. Sullivan on October 18,
2008. (AS) (Entered: 10/18/2008)
10/18/2008 MINUTE ORDER as to THEODORE F. STEVENS. The government is directed
to file its specific proposed language for the Proof of Value jury instruction by
no later than 10:00 a.m. on Sunday, October 19, 2008. It is FURTHER ORDER
that the government must provide the Court with its proposed modifications to
the defendant's proposed supplemental jury instructions that reference omissions,
including numbers: 15, 17, 19, 21, 23, 25, 27 and 29, by no later than 10:00 a.m.
on Sunday, October 19, 2008. The government is directed to also include
proposed modifications to the language found throughout those instructions
regarding whether the government alleges that the defendant made a false,
fictitious or fraudulent statement when he answered "yes" on his Financial
Disclosure Forms to the quoted questions. Signed by Judge Emmet G. Sullivan
on October 18, 2008. (AS) (Entered: 10/18/2008)
10/19/2008 201 RESPONSE TO ORDER OF THE COURT by USA as to THEODORE F.
STEVENS As to Court's October 18 2008 Order Concerning Jury Instructions
(Attachments: # 1 Supplement A)(Marsh, Nicholas) (Entered: 10/19/2008)
10/19/2008 MINUTE ORDER denying 167 Motion to Strike and Preclude Reference to a
"Public Interest" in Financial Disclosure. The Court will deny the motion
essentially for the reasons stated by the government and in view of the
government's representation that it will not "emphasize that the jury members or
any specific sector of the population was victimized" by the alleged
nondisclosures. The Court will, however, give a modified version of the
defendant's proposed jury instruction regarding public interest in disclosure.
Signed by Judge Emmet G. Sullivan on October 19, 2008. (AS) (Entered:
10/19/2008)
10/19/2008 MINUTE ORDER granting defendant's 170 Motion to Strike Evidence of
Uncharged Alleged Gifts as to THEODORE F. STEVENS. The Court will
instruct the jury to disregard that evidence; denying 171 Motion to Strike Veco
Accounting Records Pursuant to Federal Rules of Evidence 902 and 803(b) as to
THEODORE F. STEVENS; granting in part and denying in part 182 Motion to
Strike Evidence Concerning Receipt of a Generator as to THEODORE F.
STEVENS, in view of the government's concession that the generator may be
considered pursuant to Federal Rule of Evidence 404(b) but is not intrinsic to the
indictment; and denying 188 Motion to Strike Unidentified Alleged Gifts as to
THEODORE F. STEVENS, essentially for the reasons stated by the government
in its opposition to the motion. As previously stated, the Court reserves the
opportunity to more fully set forth its reasons for these and other rulings in
pages
writing at the appropriate time, if necessary. Signed by Judge Emmet G. Sullivan
on October 19, 2008. (AS) (Entered: 10/19/2008)
10/19/2008 202 RESPONSE by THEODORE F. STEVENS re 201 Response to Order of the
Court Concerning Jury Instructions (Singer, Craig) (Entered: 10/19/2008)
10/19/2008 MINUTE ORDER as to THEODORE F. STEVENS. The government is directed
to reply to the defendant's response to the government's submission regarding
jury instructions, filed on October 19, 2008, by no later than 2:00 pm on October
19, 2008. In its reply, the government must submit any proposed jury instruction
in its entirety that it wishes the Court to consider. Signed by Judge Emmet G.
Sullivan on October 19, 2008. (AS) (Entered: 10/19/2008)
10/19/2008 203 NOTICE of Senator Stevens's Proposed Verdict Form by THEODORE F.
STEVENS (Attachments: # 1 Exhibit 1)(Singer, Craig) (Entered: 10/19/2008)
10/19/2008 204 REPLY re 202 by USA as to THEODORE F. STEVENS Concerning the
Court's October 18 Order Concerning Jury Instructions (Marsh, Nicholas)
Modified link on 10/20/2008 (nmw, ). (Entered: 10/19/2008)
10/19/2008 205 RESPONSE by THEODORE F. STEVENS re 204 Reply to document
Concerning Jury Instructions (Singer, Craig) (Entered: 10/19/2008)
10/19/2008 206 MOTION to Prohibit Use of Transcripts During Closing Arguments by USA as
to THEODORE F. STEVENS. (Attachments: # 1 Text of Proposed
Order)(Marsh, Nicholas) (Entered: 10/19/2008)
10/19/2008 207 MOTION to Strike Defendant's Baseless Motion to Dismiss as a Sanction for
Violating the Court's Directive Not to Further Disseminate Grand Jury
Testimony by USA as to THEODORE F. STEVENS. (Attachments: # 1 Text of
Proposed Order)(Marsh, Nicholas) (Entered: 10/19/2008)
10/19/2008 MINUTE ORDER as to THEODORE F. STEVENS. The Court is not persuaded
by the parties' respective proposed instructions for Proof of Value. Accordingly,
the Court will require the parties to conduct additional research on this issue.
Specifically, please cite any relevant authority and address why this case is not
an ordinary case in which value is obvious and therefore an instruction is
unnecessary. Please file your points and authorities on this issue by no later than
6:00 a.m. on October 20, 2008. Signed by Judge Emmet G. Sullivan on October
19, 2008. (AS) (Entered: 10/19/2008)
by THEODORE F. STEVENS (Attachments: # 1 DX0001, # 2 DX0215, # 3
DX0225, # 4 DX0234, # 5 DX0237, # 6 DX0244, # 7 DX0254, # 8 DX0275, # 9
DX0284, # 10 DX0289, # 11 DX0305, # 12 DX0320, # 13 DX0325, # 14
DX0342, # 15 DX0349, # 16 DX0359, # 17 DX0385, # 18 DX0390, # 19
DX0441, # 20 DX0450, # 21 DX0464, # 22 DX0470, # 23 DX0487, # 24
DX0526, # 25 DX0531, # 26 DX0532, # 27 DX0537, # 28 DX0643, # 29
DX0656, # 30 DX0657)(Cary, Robert) (Entered: 10/19/2008)
(Continuation of Previous Entry) by THEODORE F. STEVENS (Attachments:
pages
# 1 DX0659, # 2 DX0666, # 3 DX0673, # 4 DX0720, # 5 DX0725, # 6 DX0735,
# 7 DX0841, # 8 DX0843, # 9 DX0861, # 10 DX0907, # 11 DX0941, # 12
DX0955, # 13 DX0957, # 14 DX0958, # 15 DX0960, # 16 DX0961, # 17
DX0966, # 18 DX0981, # 19 DX0986, # 20 DX0987, # 21 DX0989, # 22
DX0992, # 23 DX3043, # 24 DX3046, # 25 DX3322, # 26 DX3434, # 27
Dx3435, # 28 DX3436, # 29 DX3642)(Cary, Robert) (Entered: 10/19/2008)
10/19/2008 210 Memorandum in Opposition by THEODORE F. STEVENS re 206 MOTION to
Prohibit Use of Transcripts During Closing Arguments (Terry, Joseph) (Entered:
10/19/2008)
10/19/2008 211 RESPONSE TO ORDER OF THE COURT by USA as to THEODORE F.
STEVENS Concerning Whether an Instruction on "Value" is Required (Marsh,
10/20/2008 212 OBJECTIONS to Court's Draft Final Instructions by THEODORE F.
STEVENS (Singer, Craig) Modified event title on 10/21/2008 (nmw, ).
(Entered: 10/20/2008)
10/20/2008 213 RESPONSE TO ORDER OF THE COURT by THEODORE F. STEVENS
Concerning Instruction on Value (Singer, Craig) (Entered: 10/20/2008)
by THEODORE F. STEVENS (Attachments: # 1 DX0452)(Cary, Robert)
(Entered: 10/20/2008)
10/20/2008 MINUTE ORDER as to THEODORE F. STEVENS. Court will begin promptly
at 9:00 a.m. on October 21, 2008, in order to address any preliminary matters
and ensure that closing arguments begin promptly at 9:30 a.m. Signed by Judge
Emmet G. Sullivan on October 20, 2008. (AS) (Entered: 10/20/2008)
10/20/2008 Minute Entry for proceedings held before Judge Emmet G. Sullivan:Jury Trial as
to THEODORE F. STEVENS held and resumed on 10/20/2008 on Counts 1,2-7
with same jury of 12 and 4 alternates. Jury Trial set for 10/21/2008 09:30 AM in
defendant remains on personal recognizance bond; Court Reporters: Jackie
Sullivan and Wendy Ricard; Defendant's Attorneys: Brendan Sullivan, Robert
Carey, Alex Romain, Craig Singer, Beth Stewart; US Attorneys: Brenda Morris,
Nicholas Marsh, Joseph Bottini, James Goeke. Witness: Senator Theodore
Stevens (mlp) (Entered: 10/21/2008)
by USA as to THEODORE F. STEVENS (Attachments: # 1 Exhibit 1123-
pages
by USA as to THEODORE F. STEVENS (Attachments: # 1 Exhibit 1123-06, #
2 Exhibit 234)(Marsh, Nicholas) (Entered: 10/21/2008)
10/21/2008 Minute Entry for proceedings held before Judge Emmet G. Sullivan: Jury Trial
as to THEODORE F. STEVENS resumed and held on 10/21/2008. THEODORE
F. STEVENS (1) Count 1,2-7. Same jury of 12 and 4 alternate jurors. Jury Trial
continued to 10/22/2008 09:30 AM in Courtroom 24A before Judge Emmet G.
Sullivan. (Bond Status of Defendant: Defendant Continued on PR Bond) (Court
Reporter: Jackie Sullivan and Wendy Ricard) (Defense Attorney: Brendan
Sullivan, Robert Carey, Alex Romain, Craig Singer, Beth Stewart; US Attorney:
Edward Sullivan, Brenda Morris, Nicholas Marsh, Joseph Bottini, James Goeke)
(hsj, ) (Entered: 10/22/2008)
10/22/2008 MINUTE ORDER as to THEODORE F. STEVENS, Court will commence this
morning at 9:00 a.m. for final discussion regarding jury instructions.( Jury Trial
set for 10/22/2008 09:00 AM in Courtroom 24A before Judge Emmet G.
Sullivan.). Signed by Judge Emmet G. Sullivan on 10/22/08. (clv, ) (Entered:
10/22/2008)
10/22/2008 224 Final Jury Instructions as to THEODORE F. STEVENS (clv, ) (Entered:
10/22/2008)
10/22/2008 225 VERDICT FORM as to THEODORE F. STEVENS (clv, ) (clv, ). Modified on
10/22/2008 (clv, ). (Entered: 10/22/2008)
resumed and concluded as to THEODORE F. STEVENS on 10/22/2008 as to
Counts 1 and 2-7 with same jury of twelve (12) and four (4) alternates. Alternate
Jurors in seats 6, 11, 13 and 15 discharged. Jury Deliberation begun and held.
Jury Deliberations continued to 10/23/2008 at 09:30 AM in Courtroom 24A
pages
before Judge Emmet G. Sullivan. Bond Status of Defendant: Defendant remains
on Personal Recognizance. (Court Reporter: Jackie Sullivan;Defense Attorneys:
Brendan Sullivan, Robert Carey, Alex Romain, Craig Singer and Beth Stewart;
US Attorneys: Edward Sullivan, Brenda Morris, Nicholas Marsh, Joseph Bottini
and James Goeke) (tnr, ) (Entered: 10/23/2008)
10/22/2008 226 Jury Notes (2) as to THEODORE F. STEVENS. (tnr, ) (Entered: 10/23/2008)
10/22/2008 227 Signature Page of Foreperson
as to THEODORE F. STEVENS in Jury Notes (2). (Access to the PDF

Document is restricted pursuant to the E-Government Act. Access is limited to
Counsel of Record and the Court.) (tnr, ) (Entered: 10/23/2008)
10/23/2008 MINUTE ORDER as to THEODORE F. STEVENS. The Court will convene a
hearing in Courtroom 24A at 6:30 p.m. on October 23, 2008, to discuss a time-
sensitive issue involving the jury. Signed by Judge Emmet G. Sullivan on
10/23/2008 MINUTE ORDER as to THEODORE F. STEVENS. The Court will hold a
status hearing at 9:00 a.m. on October 24, 2008 in Courtroom 24A. Signed by
Judge Emmet G. Sullivan on October 23, 2008. (AS) (Entered: 10/23/2008)
10/23/2008 228 NOTICE of Memorandum Regarding Alternate Jurors and Proposed Voir Dire
by THEODORE F. STEVENS (Cary, Robert) (Entered: 10/23/2008)
10/24/2008 229 NOTICE of Memorandum by USA as to THEODORE F. STEVENS (Sullivan,
10/24/2008 Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status
Conference as to THEODORE F. STEVENS held on 10/24/2008. Jurors
excused by the Court. Voir Dire held as to alternate juror #1. Jury Deliberation
to resume on 10/27/2008 09:30 AM in Courtroom 24A before Judge Emmet G.
Sullivan. Status Conference set for Sunday, 10/26/2008 06:00 PM in Courtroom
24A before Judge Emmet G. Sullivan. Bond Status of Defendant: Defendant
remains on Personal Recognizance; Court Reporter: Jackie Sullivan; Defense
Attorney: Brendan Sullivan, Robert Cary, Craig Singer, Beth Stewart, Alex
Romain and Joseph Terry; US Attorney: Edward Sullivan, Brenda Morris,
Nicholas Marsh, Joseph Bottini and James Goeke. (ldc, ) (Entered: 10/24/2008)
Conference as to THEODORE F. STEVENS held on 10/26/2008' Juror Number
4 is excued from the jury panel. Juror number 11 is no longer an alternate juror,
she is a deliberating juror; Jury Trial resumes 10/27/08 at 9:00 a.m.; Jury
deliberation set for 10/27/2008 09:30 AM in Courtroom 24A before Judge
Emmet G. Sullivan. Bond Status of Defendant: PR; Court Reporter: JACKIE
SULLIVAN Defense Attorney: BRENDAN SULLIVAN/ROBERT
CARY/BETH STEWART; US Attorney: NICHOLAS MARSH; (clv, )
Modified on 10/26/2008 (clv, ). (Entered: 10/26/2008)

Docket Oct26

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DOCKET: U.S. v.

Stevens 08-00231 October 26, 2008 page 1 of 37 pages

U.S. District Court

Case title: USA v. STEVENS Date Filed: 07/29/2008

David Penn Burns

Francis Joseph Warin

Assigned to: Judge Emmet G. Sullivan

Alex Giscard Romain

Joseph Marshall Terry, Jr.

Fax: (202) 434-5029

Robert Madison Cary

Pending Counts Disposition

Highest Offense Level (Opening)

Terminated Counts Disposition

Highest Offense Level (Terminated)

Date Filed # Docket Text

07/29/2008 Attorney update in case as to THEODORE F. STEVENS. Attorney Joseph W.

08/05/2008 MINUTE ORDER as to THEODORE F. STEVENS; Due to the unavailability

transcript formats, (multi-page, condensed, CD or ASCII) may be purchased

NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-

(Wallace, Scott) (Entered: 08/08/2008)

08/14/2008 17 MOTION for Bill of Particulars by THEODORE F. STEVENS. (Cary, Robert)

08/25/2008 31 RESPONSE by USA as to THEODORE F. STEVENS re 17 MOTION for Bill

NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-

Redaction Request due 10/2/2008. Redacted Transcript Deadline set for

as to THEODORE F. STEVENS in Jury Notes (2). (Access to the PDF

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