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friesen-volume8

friesen-volume8

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Published by: NoloContendere on Mar 08, 2012
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1 IN THE UNITED STATES DISTRICT COURT FOR THE 2 WESTERN DISTRICT OF OKLAHOMA 34 UNITED STATES OF AMERICA, ))5 )Plaintiff, )6 vs. ) Case No. CR-08-41-L)7 )LARRY DOUGLAS FRIESEN, )8 ))9 Defendant. ) 101112TRANSCRIPT OF JURY TRIAL13 VOLUME VIIIHAD ON SEPTEMBER 30 and OCTOBER 1, 200814 BEFORE THE HONORABLE TIM LEONARD,U.S. DISTRICT JUDGE, PRESIDING151617
A P P E A R A N C E S
 1819 Mr. Edward Kumiega, U.S. Attorney's Office, 210 WestPark Avenue, Suite 400, Oklahoma City, OK 73102, appearing for20 the United States of America 21 Mr. Mack Martin and Ms. Kendall Sykes, Martin LawOffice, 125 Park Avenue, Fifth Floor, Oklahoma City, OK 73102,22 appearing on behalf of the defendant 232425B. JEANNE RING, RDRUNITED STATES COURT REPORTER200 NW 4th Street, Suite 3011EOklahoma City, OK 73102jeanne_ring@okwd.uscourts.gov - ph (405) 609-5603
 
15111 (The following was had in chambers on September 30, 2008.2 For prior transcription, see Volumes I through VII of this3 transcript.)4 THE COURT: We've had a preliminary off-the-record5 conference on the instructions, the Court's proposed6 instructions, and I'm going to go through these and make sure,7 I'm going to read the instructions and make sure there is no8 objections to the following instructions:9 My understanding there is no objection to the opening10 instruction, duty to follow instructions, introduction to the11 charge, the instructions relating to the indictment, no12 objection to the presumption of innocence, burden of proof,13 reasonable doubt instruction; caution, consider only the crime14 charged; counts are separate crimes; evidence defined;15 evidence, direct and circumstantial inferences; credibility of16 witnesses; law enforcement witnesses; expert witnesses; on or17 about. Is that correct? Any objection to any of those18 preliminary instructions by the government?19 MR. KUMIEGA: No, your Honor.20 THE COURT: By the defendant?21 MR. MARTIN: No, sir.22 THE COURT: Now, there is a proposed instruction on23 knowingly defined. Knowingly, deliberate ignorance combined,24 and then there is one, a separate one, and that one is25 basically what I understand is the one that has been, is aB. JEANNE RING, RDRUNITED STATES COURT REPORTER200 NW 4th Street, Suite 3011EOklahoma City, OK 73102jeanne_ring@okwd.uscourts.gov - ph (405) 609-5603
 
15121 Tenth Circuit instruction. Then what we've also done under the2 Court's proposal is to separate knowingly defined from3 deliberate ignorance. Is there -- my preference is to separate4 the two and give one on knowingly defined and one on deliberate5 ignorance.6 MR. MARTIN: I don't think I have the knowingly, may7 be I misplaced it. Here it is. Thank you. I'm sorry. I'm8 with you now.9 THE COURT: To me, it's a little clearer to give both10 of the knowingly defined and deliberate ignorance in separate11 instructions rather on combining them. Is there any objection12 by the government to that?13 MR. KUMIEGA: No.14 THE COURT: Any objection by the defense?15 MR. MARTIN: Your Honor, for the record, we will16 object to the giving of the deliberate ignorance instruction.17 I don't think it applies in this case, but if you're going to18 give one, I don't object to the way that this one is worded.19 But I don't think it applies in this case.20 MR. KUMIEGA: Judge, I think deliberate -- I think the21 Court might have to specify which counts you want to have the22 deliberate ignorance instruction to be applied for.23 THE COURT: I don't see any real need to set forth the24 separate counts. What counts would -- I don't see a need to do25 that.B. JEANNE RING, RDRUNITED STATES COURT REPORTER200 NW 4th Street, Suite 3011EOklahoma City, OK 73102jeanne_ring@okwd.uscourts.gov - ph (405) 609-5603

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