SECOND AMENDED

DISTRICT JUDGE'S MINUTES

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA – PHOENIX

U.S. District Judge: Diane J. Humetewa Date: November 16, 2023

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

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

Kozinets, Daniel Boyle, Joseph Bozdech

Attorneys for Defendants: Paul J. Cambria Jr., Retained for Defendant Lacey, present; Bruce S. 

Feder, Retained (Knapp) and Eric W. Kessler, CJA for Defendant Spear, present; Gary S. Lincenberg, 

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

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

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

JURY TRIAL (Day 34):

(9:12 a.m. Jury resumes deliberations and informs the Court of a written inquiry. 10:19 a.m. Recess. 

10:45 a.m. Jury resumes deliberations.) 

11:02 a.m. Court reconvenes. Jury inquiry and response discussed, and will be provided to the Jury as 

set forth on the record. Government is directed to file a Response to Defendants’ First Supplement to 

Motion to Strike Testimony (Doc. 1972) by this evening. 11:24 a.m. Recess.

(11:30 a.m. Jury provided with response to written inquiry. 11:48 a.m. Recess. 1:04 p.m. Jury resumes 

deliberations. 3:19 p.m. Jury informs the Court that they have a written note and verdict.)

4:06 p.m. Court reconvenes. 4:08 p.m. Jury present. Court reads Jury’s note in open court and directs 

the Courtroom Deputy to retrieve the verdict from Foreperson, Juror #2. Upon the Court’s review, the 

verdict is read into the record by the Courtroom Deputy. Defendant Lacey (1) is found guilty as to 

Count 100 of the Superseding Indictment, not guilty as to Count 63 of the Superseding Indictment, and 

no verdict is returned as to Counts 1-62, 64-70, 81, 83-84, 86, 88-92, 94-99 of the Superseding 

Indictment. Defendant Scott Spear (3) is found guilty as to Counts 1-18, 52-62, 71-78, 85, and 93 of the 

Superseding Indictment, and not guilty as to Counts 19-51, and 63-68 of the Superseding Indictment. 

Defendant John Brunst (4) is found guilty as to Counts 1, 52-62, 64-70, 78-84, 86-93 of the 

Superseding Indictment, and not guilty of Counts 2-51, and 63 of the Superseding Indictment. 

Defendant Andrew Padilla (6) is found not guilty as to Counts 1-51 of the Superseding Indictment. 

Defendant Joye Vaught (7) is found not guilty as to Counts 1-51 of the Superseding Indictment. Jury is 

polled and released with the gratitude of the Court. 4:38 p.m. Recess.

4:56 p.m. Court reconvenes. IT IS ORDERED declaring a mistrial with respect to the counts that the 

Jury did not reach a verdict as to Defendant Lacey (1), Counts 1-62, 64-70, 81, 83-84, 86, 88-92, 94, 

95-99 of the Superseding Indictment. 

IT IS FURTHER ORDERED that a Judgment of Acquittal shall be entered as to Defendants Andrew 

Case 2:18-cr-00422-DJH Document 1992 Filed 11/16/23 Page 1 of 2
USA v. Michael Lacey, et al Date: November 16, 2023 

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

Padilla (6) and Joye Vaught (7). 

IT IS FURTHER ORDERED directing Pretrial Services to release to Defendants Padilla and Vaught, 

their passports. 

IT IS FURTHER ORDERED that Defendants shall have until November 29, 2023 to supplement 

their Oral Rule 29 Motion. Government shall file its Response by December 8, 2023. The Court will 

inform Defendants if a Reply is necessary.

IT IS FURTHER ORDERED extending the deadline by which the Government shall file its 

Response to Defendants’ Motion (Doc. 1972) to and including November 22, 2023. Defendants’ Reply 

if any, is due seven (7) days thereafter. 5:16 p.m. Recess.

Later (off the record): As to the pending Motion for Protective Order (Doc. 1948) and Motion to 

Intervene (Doc. 1957), the Court will order expedited responses to both Motions.

IT IS ORDERED that any party seeking to Respond to either Motion (Doc. 1948 or 1957) shall do so 

no later than November 19, 2023. Any replies shall be filed by November 21, 2023. 

Court Reporter Hilda Lopez

Deputy Clerk Liliana Figueroa

Start: 11:02 AM

Stop: 5:16 PM

Total: 1hr 14min

Case 2:18-cr-00422-DJH Document 1992 Filed 11/16/23 Page 2 of 2