IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Case No. 11-cr-355-MSK

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. WAUNITA WEINGART

2. JOHN PHILLIP GALLEGOS

3. ALOIS CRAIG WEINGART

Defendants.

 

GOVERNMENT’S UNOPPOSED MOTION FOR VARIANCE IN THE NUMBERING OF

THE GOVERNMENT’S TRIAL EXHIBITS

 

The United States of America, by and through John F. Walsh, United States

Attorney for the District of Colorado, and Linda Kaufman, Assistant United States Attorney, 

respectfully requests this Court’s permission to label certain of its trial exhibits in a manner

other than numerically. As grounds therefor, the government states as follows:

1. The indictment in this case alleges a fraudulent scheme involving the

repeated refinancing of two properties over a nine-year period: 7766 Saxeborough Drive,

Castle Rock, Colorado (“Saxeborough”) and 141 Lost Angel Road, Boulder, Colorado

(“Lost Angel”).

2. The majority of the government’s trial exhibits are documents that relate to

the specific loans.

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3. The government seeks the Court’s permission to employ a numbering system

in this case which would identify the exhibits which specifically relate to the Saxeborough

property by the letter “S”, followed by a number (based on the particular loan’s

chronological position in the series of Saxeborough closings), followed by a number which

would identify the particular exhibit in the sub-group.

4. Similarly, the government would number its exhibits which specifically relate

to the Lost Angel property by the letter “L”, followed by a number (based on the particular

loan’s chronological position in the series of Lost Angel closings), followed by a number

which would identify the particular exhibit in the sub-group.

5. Examples of the proposed numbering system are as follows:

Exhibits specifically relating to the first loan for Lost Angel would be labeled:

Exhibit L-1-1

Exhibit L-1-2

Exhibit L-1-3, and so forth.

Exhibits specifically relating to the second loan for Lost Angel would be 

labeled:

Exhibit L-2-1

Exhibit L-2-2

Exhibit L-2-3, and so forth.

Exhibits specifically relating to the tenth loan for Saxeborough would be

labeled:

Exhibit S-10-1

Exhibit S-10-2

Exhibit S-10-3, and so forth.

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Case No. 1:11-cr-00355-MSK Document 78 filed 04/03/12 USDC Colorado pg 2 of 5
Exhibits specifically relating to the eleventh loan for Saxeborough would be 

labeled:

Exhibit S-11-1

Exhibit S-11-2

Exhibit S-11-3, and so forth.

6. Other exhibits which have more general relevance would be numbered

numerically, i.e., Exhibits 1, 2, 3, 4 ... and so forth. These exhibits would include such

documents as Articles of Incorporation and bank signature cards.

7. In many instances in this case, the evidence will be that identical or nearly

identical documents were used in connection with more than one loan transaction. The

government submits that the proposed method of labeling these exhibits will simplify the

presentation of evidence at trial and avoid unnecessary confusion and delays. The

proposed method of labeling the government’s exhibits will assist the parties, the Court,

and the jury in readily associating particular admitted exhibits with particular transactions.

8. The government employed a similar method of labeling its pre-indictment

exhibits which were provided to the defendants in discovery in this case.

9. The undersigned has spoken with counsel for each of the defendants about

this request, and each has stated that he or she has no objection to it.

WHEREFORE, the government respectfully requests that this Court issue an order

authorizing the government to use the variant numbering method for its trial exhibits, as

outlined above.

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Case No. 1:11-cr-00355-MSK Document 78 filed 04/03/12 USDC Colorado pg 3 of 5
Respectfully submitted,

JOHN F. WALSH

United States Attorney

By: s/ Linda Kaufman 

Linda Kaufman

Assistant United States Attorney

1225 Seventeenth Street, Suite 700

Denver, Colorado 80202

Telephone: (303) 454-0100

Facsimile: (303) 454-0404

E-mail: Linda.Kaufman@usdoj.gov

Attorney for Government

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Case No. 1:11-cr-00355-MSK Document 78 filed 04/03/12 USDC Colorado pg 4 of 5
CERTIFICATE OF SERVICE

I certify that on this 3 day of April 2012, I electronically filed the foregoing rd

GOVERNMENT’S UNOPPOSED MOTION FOR VARIANCE IN THE NUMBERING OF

THE GOVERNMENT’S TRIAL EXHIBITS with the Clerk of the Court using the CM/ECF

system which will send notification of such filing to the following e-mail addresses:

Martin Adam Stuart 

Email: martinstuartlaw@solucian.com

William Lewis Taylor 

Email: wltaylorpc@gmail.com

Ms. Paula M. Ray

E-mail: paulamray@earthlink.net

 

By: s/ Solange Reigel 

SOLANGE REIGEL

Legal Assistant to AUSA Linda Kaufman

United States Attorney’s Office

1225 - 17 Street, Suite 700 th

Denver, CO 80202

Telephone: (303) 454-0244

Fax: (303) 454-0402

E-mail: solange.reigel@usdoj.gov

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