DISTRICT JUDGE'S MINUTES 

IN THE UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA – TUCSON 

U.S. District Judge: Raner C. Collins Date: June 30, 2017 

USA v. Lonnie Ray Swartz Case Number: CR-15-01723-001-TUC-RCC (DTF)

Assistant U.S. Attorney: Mary Sue Feldmeier and Wallace Kleindienst 

Attorney for Defendant: Sean Chapman and Jaime Calle, Retained 

Attorney for Victim’s Family: Luis Parra 

Court Reporter: Erica McQuillen 

Deputy Clerk: Sherry Gammon 

Interpreter: N/A as to the defendant. Spanish interpreter Sandy Frady assists the victim’s family. 

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

MOTION HEARING: 

Matter comes before the Court for a continued Motion Hearing (Day 4). 

The Motion in Limine Re: Drug Expert and Images Concerning Unrelated Rocking and Drug 

Trafficking Activity (Doc. 170) filed by the Government is argued by Mr. Kleindienst and Mr. 

Chapman. 

The Motion in Limine Re: “Use of Force” Testimony (Doc. 152) filed by the defendant is argued by 

Mr. Chapman and Mr. Kleindienst. Counsel inform the Court the Government will not offer opinion #3 

and opinion #4. 

The Motion for Witness List (Doc. 172) filed by the defendant is argued by Mr. Chapman and Mr. 

Kleindienst. Defense counsel requests the Court order a good faith effort be made to disclose a witness 

list 6 weeks prior to trial. 

Recess taken 10:30 a.m. – 10:47 a.m. 

As to the sealed Motion to Dismiss Indictment (Doc. 157) filed by the defendant, Mr. Chapman 

submits on the briefing. Ms. Feldmeier makes a clarifying argument. The Government provides the 

Court with a copy of the Grand Jury transcripts and will, by the end of the week, provide in camera

pleading to the Court with tab number and page number for the Court’s use to review independent 

witness evidence. 

The Government informs the Court their forensic expert is present to provide rebuttal testimony to 

defense expert Grant Fredericks as to the continued motion hearing re Motion to Determine 

Admissibility of Video Evidence (Doc. 94) filed by the defendant. Mr. Calle objects to the witness 

testimony and informs the Court he had indicated the defendant would not be prepared to proceed on 

that issue this date. The Court will allow the Government to call the witness and will then allow the 

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USA v. Lonnie Ray Swartz Date: June 30, 2017 

Case Number: CR-15-01723-001-TUC-RCC (DTF) Page 2 of 2

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defendant an opportunity to either cross examine the witness or have the matter addressed at a future 

hearing. 

11:05 a.m. – Government’s witness, Chad Steel, is sworn and examined by Ms. Feldmeier. 

11:26 a.m. – Defense counsel declines to cross examine the witness until he has had an opportunity to 

consult his expert. 

IT IS ORDERED defense counsel shall contact chambers by 7/14/2017 to inform the Court how he 

intends to proceed. 

The Court takes motions (doc. 170), (doc. 152), (doc. 172) and sealed motion (doc. 157) UNDER 

ADVISEMENT. IT IS FURTHER ORDERED the sealed Motion for Clarification Regarding Order 

re: 154 (Doc. 167) is MOOT. 

Proceedings recess at 11:25 a.m. Further Motion Hearing continues to a future date to be determined. 

Motion hearing 

1 hour 43 minutes 

Start: 9:25 AM 

Stop: 11:25 AM 

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