DISTRICT JUDGE'S MINUTES

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA – PHOENIX

U.S. District Judge: Susan M. Brnovich Date: September 13, 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

Defendant-4: John Brunst, Released-Present 

Attorney for Defendant (4): Gary Lincenberg and Gopi Panchapakesan, 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 7: 

8:53 a.m. Court is in session. Counsel and defendants are present. The jury is not present. Defendants’

Motion in Limine to Preclude the Testimony of Sharon Cooper, M.D. or in the Alternatively, to Hold a 

Hearing Outside the Presence of Jury to Determine her Qualifications to Testify at this Trial and the 

Relevance of her Testimony (Doc. 1300) is argued to the Court. The motion is DENIED. 9:11 a.m. 

Court is recess. 

9:17 a.m. Court is in session. Counsel and defendants are present. The jury is present. Examination of 

Special Agent Fichtner resumes. Defendants’ impeachment exhibit IM 17 is marked and admitted as 

exhibit 6148. 10:42 a.m. Court is in recess.

11:05 a.m. Court is in session. Counsel and defendants are present. The jury is present. Examination of 

Special Agent Fichtner resumes. A question from the jury is asked and answered by the witness. 12:14 

p.m. The jury leaves the courtroom and Court remains in session. 12:19 p.m. Court is in recess.

1:33 p.m. Court is in session. Counsel and defendants are present. The jury is present. Dr. Sharon W. 

Cooper sworn and examined. 2:58 p.m. The jury leaves the courtroom and Court remains in session. 

Defendants’ impeachment exhibits as to Special Agent Fichtner are admitted as follows: exhibit IM 19 

is marked and admitted as exhibit 6149, impeachment exhibit IM 20 is marked and admitted as exhibit 

6150, impeachment exhibit IM 22 is marked and admitted as exhibit 6151, impeachment exhibit IM 23

is marked and admitted as exhibit 6152, impeachment exhibit IM 24 is marked and admitted as exhibit 

6153, impeachment exhibit IM 25 is marked and admitted as exhibit 6154, impeachment exhibit IM 26

is marked and admitted as exhibit 6155, impeachment exhibit IM 80 is marked and admitted as exhibit 

6156.

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

Reginald Jones and Daniel Boyle

Case 2:18-cr-00422-DJH Document 1302 Filed 09/13/21 Page 1 of 2
USA v. Lacey et al Date: September 13, 2021 

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

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Defendant Vaught’s oral motion for mistrial, joined by co-defendants, is argued to the Court. The motion 

is taken under advisement. 3:07 p.m. Court is in recess. 

3:47 p.m. Court is in session. Counsel and defendants are present. The jury is not present. For reasons 

set forth on the record, Defendants’ Oral Motion for Mistrial is DENIED. Defendant Lacey’s renewed 

motion for mistrial, joined by co-defendants, is argued to the Court. The motion is taken under 

advisement. 4:06 p.m. The jury is present. Examination of Dr. Cooper resumes. 4:34 p.m. The jury 

leaves the courtroom and Court remains in session. Brief discussion held regarding Dr. Cooper. 

4:42 p.m. Court is in recess until 8:30 a.m. on September 14, 2021

Court Reporter Linda Schroder-Willis (AM)

 Christine Coaley (PM) 

Deputy Clerk Elaine Garcia

TD: 5 hrs 26 mins 

Start: 8:53 AM

Stop: 4:42 PM

Case 2:18-cr-00422-DJH Document 1302 Filed 09/13/21 Page 2 of 2