DISTRICT JUDGE'S MINUTES

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA – PHOENIX

U.S. District Judge: Susan M. Brnovich Date: September 1, 2021 

USA v. Lacey et al Case Number: CR-18-00422-PHX-SMB

Defendant-1: Michael Lacey, Released – Present

Attorney for Defendant (1): Paul Cambria, Jr., Retained

Defendant-2: James Larkin, Released – Present

Attorney for Defendant (2): Thomas Bienert, Jr. and Whitney Bernstein, Retained

Defendant-3: Scott Spear, Released-Present

Attorney for Defendant (3): Bruce Feder, Retained (telephonic)

Defendant-4: John Brunst, Released-Present 

Attorney for Defendant (4): Gary Lincenberg, Retained

Defendant-6: Andrew Padilla, Released - Present

Attorney for Defendant (6): David Eisenberg, CJA Appointment

Defendant-7: Joye Vaught, Released – Present

Attorney for Defendant (7): Joy Bertrand, CJA Appointment

JURY TRIAL – DAY 1: 

9:03 a.m. Court is in session. Counsel and defendants are present. 9:33 a.m. Jurors 1-28 and 30-31 are 

present and sworn. Voir dire commences. 11:07 a.m. Court is in recess.

11:28 a.m. Court reconvenes. Counsel and defendants are present. Jury panel is present. Voir dire 

continues. 12:20 p.m. Jury panel members are excused from the courtroom and court remains in 

session with Juror No. 16 present who addresses the Court. Juror No. 16 is excused from the 

courtroom. Upon agreement of counsel, Juror No. 8, 9, 17, 26 and 31 are excused. Over objection of 

defense counsel, Jurors No. 5 and 6 are excused. 12:29 p.m. Court is in recess. 

1:19 p.m. Court reconvenes. Counsel and defendants are present. Jury panel is not present. 

Government’s challenges for cause as to Jurors No. 2, 30, 24, and 7 are argued to the Court. There 

being no objection, the Court grants the Government’s challenge as to Juror No. 2 and said juror is 

excused. Over objection of defense counsel, Government’s challenge for cause as to Juror No. 7 is 

granted and said juror is excused. The Court takes under advisement the Government’s challenge as to 

Juror No. 30. The Court sustains defense counsels’ objection as to Juror No. 24 subject to the Court 

reviewing said juror’s questionnaire. Defendants’ challenges for cause as to Jurors 18, 14, 16 and 20 

are argued to the Court. The Court sustains the Government’s objection as to Jurors No. 18. Over 

Government’s objection, the Court grants Defendants’ challenge for cause as to Jurors No. 16 and 20 

and said jurors are excused. The Court takes under advisement the Defendants’ challenge for cause as 

to Juror No. 14. 1:47 p.m. Jurors No. 32-62 are present in the courtroom and sworn. Voire dire 

commences. 3:06 p.m. Court is in recess.

Assistant U.S. Attorneys: Andrew Stone, Peter Kozinets, Margaret Perlmeter, Kevin Rapp, 

Reginald Jones and Daniel Boyle

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USA v. Lacey et al Date: September 1, 2021 

Case Number: CR-18-00422-PHX-SMB Page 2 of 2

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3:17 p.m. Court reconvenes. Counsel and defendants are present. Jury panel is not present. Upon 

agreement of counsel Jurors No. 36, 42, 47, 48, 50, 51, 52, 59, 60, and 61 will be excused. 3:29 p.m. 

Jury panel is present. The Court excuses Jurors No. 36, 42, 47, 48, 50, 51, 52, 59, 60, and 61. Voir dire

continues. 5:12 p.m. The jury panel is excused until 9:00 a.m. on September 2, 2021. Matters are 

discussed. Counsel are directed to be present at 8:30 a.m. to advise the Court if they have any 

challenges for cause as to this group of jurors. 

5:16 p.m. Court in recess until 8:30 a.m. on September 2, 2021. 

Court Reporter Christine Coaly

Deputy Clerk Elaine Garcia

TD: 6 hrs 51 mins 

Start: 9:03 AM

Stop: 5:16 PM

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