DISTRICT JUDGE'S MINUTES

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA – PHOENIX

U.S. District Judge: Diane J. Humetewa Date: July 27, 2023

USA v. Michael Lacey et al Case Number: CR-18-00422-001-PHX-DJH

Assistant U.S. Attorneys: Andrew C. Stone, Austin Berry, Kevin M. Rapp, Margaret Perlmeter, 

Peter Kozinets

Attorney for Defendants: Paul J. Cambria Jr., Retained for Defendant Lacey, present; Joseph N. Roth, 

Sarah P. Lawson, Timothy J. Eckstein, Retained for Defendant Larkin, present; Bruce S. Feder, 

Retained and Eric W. Kessler, CJA for Defendant Spear, present; Gary S. Lincenberg, Gopi K. 

Panchapakesan, Retained for Defendant Brunst, present; David S. Eisenberg, CJA for Defendant 

Padilla, present telephonically; Joy M. Bertrand, CJA for Defendant Vaught, present telephonically. 

Defendants: ☒ Present ☐ Not Present ☐ Released ☐ Custody ☐ Summons ☐ Writ

FINAL PRETRIAL CONFERENCE: 

1:04 p.m. Final Pretrial Conference held. Counsel and Defendants present. Trial logistics and schedule 

discussed. Trial will be in recess on Friday, September 29, 2023. Mr. Lincenberg’s objections to the 

trial schedule are overruled. Mr. Eckstein’s renewed oral Motion to Continue Trial is denied. The Court 

will sit 16 jurors. Defendants will have 15 strikes total and the Government will have 9 strikes. Strikes 

will be simultaneous. Motions in Limine discussed.

As set forth on the record, IT IS ORDERED that the Government’s Motion in Limine to Preclude 

Defense from Arguing Legality of Ads (Doc. 1592) is DENIED without prejudice, subject to further 

objection at trial. IT IS FURTHER ORDERED that the Government’s Motion in Limine to Preclude 

Defense from Commenting on Legitimacy of Prosecution (Doc. 1598) is GRANTED to the extent it 

relates to the following statement at issue in the Motion: “When you have the law and the facts on your 

side, you go to civil court, when you don’t, you take people’s money so that they can’t defend 

themselves and you bring a criminal charge.” IT IS FURTHER ORDERED that the Government’s 

Motion in Limine to Preclude Defense from Referencing Craigslist Meetings with Attorneys General 

(Doc. 1600) is DENIED without prejudice, subject to further objection at trial. 2:07 p.m. Recess.

2:26 p.m. Court reconvenes. Counsel and Defendants present. Discussion held re: Jury Instructions. 

IT IS ORDERED that by July 31, 2023, Defendants may file a supplemental motion no longer than 

seven (7) pages regarding the draft Travel Act jury instructions and specific references to state law. The 

Government shall respond by August 2, 2023. No reply is permitted. 

Juror Questionnaires discussed. Upon review of the parties’ stipulated strikes, IT IS ORDERED

striking said stipulated jurors. Disputed strikes discussed. 4:06 p.m. Recess. 

Case 2:18-cr-00422-DJH Document 1650 Filed 07/27/23 Page 1 of 2
USA v. Michael Lacey Date: July 27, 2023 

Case Number: CR-18-00422-001-PHX-DJH Page 2 of 2

4:24 p.m. Court reconvenes. Counsel and Defendants present. Disputed strikes discussed. The Court’s 

ruling as to the disputed strikes for hardship and cause are set forth on the record. The remaining jurors 

will be scheduled to report for jury selection. Additional trial logistics discussed. 

IT IS ORDERED setting a Hearing for August 4, 2023, at 1:00 PM in the Special Proceedings 

Courtroom, 401 West Washington Street, Phoenix, AZ 85003. The Court will take up the statement of 

the case, permit the parties to make a record on the finalized jury instructions, and address miscellaneous 

issues related to the trial. 6:58 p.m. Recess. 

Court Reporter Hilda Lopez

Deputy Clerk Liliana Figueroa Start: 1:04 PM

Stop: 6:58 PM

Total: 5hrs 17min

Case 2:18-cr-00422-DJH Document 1650 Filed 07/27/23 Page 2 of 2