IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Action No. 11-cr-355-MSK

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. WAUNITA WEINGART,

2. JOHN PHILLIP GALLEGOS,

3. ALOIS CRAIG WEINGART,

Defendants.

JOINT MOTION TO EXPAND THE NUMBER OF DAYS ALLOTTED FOR TRIAL

The United States of America, by and through Assistant United States Attorneys

Linda Kaufman and Martha Paluch, Defendant Waunita Weingart, through counsel Martin

Stuart, Defendant John P. Gallegos, through counsel William Taylor and Darlene Bagley,

and Defendant Alois Craig Weingart, through counsel Paula M. Ray, respectfully move this

Court to expand the number of days allotted for the trial of this matter, and as grounds

therefor, state as follows:

1. In an effort to reach consensus as to the likely length of the trial, the abovenamed counsel have met and discussed the matter at length. All counsel agree that more

than the presently-scheduled 15 days will be necessary for trial.

2. The parties assumed, for the sake of their discussions, that testimony would

be presented for 7 hours per day at trial. The parties discussed the number of hours

needed for the various components of the trial and agreed that up to 1 1⁄2 days (10 hours)

should be allotted for jury selection and opening statements. They also agree that up to 1

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1⁄2 days (10 hours) may be needed for jury instructions and closing arguments.

3. Explaining that its current draft witness list is a work in progress and is

certain to change somewhat as trial preparation continues, the government has provided

its current witness list to defense counsel early for the sole purpose of advancing the

discussions as to the anticipated length of trial.

4. The government plans to call witnesses to discuss each of the loans alleged

to be part of the scheme, but as few witnesses for each loan and other aspects of the fraud

as are necessary to prove the charged crimes. The government also intends to present as

much evidence as possible through self-authenticating documents and summary charts.

The government is finalizing the preparation of numerous custodians’ declarations, the

subjects of which are documents obtained from lending and financial institutions in this

case. The government estimates that if stipulations can be reached on the basis of those

declarations, 3 1⁄2 hours of trial time can be saved. The government anticipates providing

the declarations and proposed stipulations to defense counsel next week.

5. The government has provided its Rule 702 disclosure to the defendants. It

plans to call Certified Fraud Examiner Dana Chamberlin, who will provide summary, lay

opinion, and expert opinion testimony. The government estimates that her testimony (both

direct and cross) is likely to last 2 days (14 hours). Ms. Ray concurs in this estimate. 

6. Counsel agree that because the case relates to the various aspects of real

estate transactions, the testimony is likely to proceed more slowly at first, as the jurors are

introduced to the roles typically performed by loan brokers, loan officers, processors,

underwriters, lenders’ closing agents, and settlement agents, as well as the various

documents used by them. Once certain concepts, roles, and documents have become

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more familiar to the jurors, the parties agree that the pace of successive similar witnesses

is certain to accelerate. In its estimate of the time needed for the presentation of its casein-chief, the government has taken this acceleration into account. The government has

allotted an equal time for direct examination and the total of three cross-examinations, and

has taken into account the likelihood of as yet unforeseen circumstances which may arise

at trial.

7. The government has conducted a detailed analysis of the expected length

of time necessary for the direct and cross-examination of its witnesses. It has also taken

into account the fact that Defendants Waunita Weingart and Craig Weingart through

counsel have indicated that they are unlikely to present witnesses, and that Defendant

John Gallegos, through counsel, has indicated that he intends to present expert

handwriting analysis testimony and possibly other witnesses. The government’s position

is that 20 days are necessary and sufficient for the trial of this matter.

8. Defendant Waunita Weingart’s position is that 25 days are necessary and

sufficient for the trial of this matter.

9. Defendant John Gallegos’ position is that 25 days are necessary and

sufficient for the trial of this matter.

10. Defendant Alois Craig Weingart’s position is that 20 days are necessary and

sufficient for the trial of this matter.

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Respectfully submitted this 16th day of August, 2012.

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

By: s/ Martha Ann Paluch 

Martha Ann Paluch

Assistant United States Attorney

1225 Seventeenth Street, Suite 700

Denver, Colorado 80202

Telephone: (303) 454-0100 / Facsimile: (303) 454-0404

E-mail: Martha.Paluch@usdoj.gov

Attorneys for the Government

By: s/ Martin Adam Stuart 

Martin Adam Stuart

Martin Stuart, P.C.

955 Bannock Street #200

Denver, CO 80204

Telephone: (303) 355-6789 / Facsimile: (303) 321-7781

E-mail: martinstuartlaw@solucian.com

Attorney for Defendant Waunita Weingart

By: s/ Darlene Ann Bagley 

Darlene Ann Bagley

Ridley McGreevy & Winocur, P.C.

303 16 Street #200 th

Denver, CO 80202

Telephone: (303) 629-9700 / Facsimile: (303) 629-9702

E-mail: bagley@ridleylaw.com

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By: s/ William Lewis Taylor 

William Lewis Taylor

William L. Taylor, P.C.

303 16 Street #200 th

Denver, CO 80202

Telephone: (303) 629-9700 / Facsimile: (303) 629-7200

E-mail: wltaylorpc@gmail.com

Attorneys for Defendant John Phillip Gallegos

By: s/ Paula M. Ray 

Paula M. Ray

Paula M. Ray, P.C.

P.O. Box 12554

Denver, CO 80212

Telephone: (303) 874-5170

E-mail: paulamray@earthlink.net

Attorney for Defendant Alois Craig Weingart

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CERTIFICATE OF SERVICE

I certify that on this 16 day of August, 2012, I electronically filed the foregoing

th

JOINT MOTION TO EXPAND THE NUMBER OF DAYS ALLOTTED FOR TRIAL 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

E-mail: martinstuartlaw@solucian.com

Darlene Ann Bagley

E-mail: bagley@ridleylaw.com

William Lewis Taylor

E-mail: wltaylorpc@gmail.com

Paula M. Ray

E-mail: paulamray@earthlnk.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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