Minute Entry for In Person proceedings held before Judge John E. Steele:… — Casey David Crowther (Dkt. 121)

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Case 2:20-cr-00114-JES-M_M             Document 121        Filed 03/24/21      Page 1 of 4 PageID 695



                                 UNITED STATES DISTRICT COURT
                                  MIDDLE DISTRICT OF FLORIDA
                                      FORT MYERS DIVISION

  UNITED STATES OF AMERICA

  VS.                                                              CASE NO: 2:20-cr-114-JES-MRM

  CASEY DAVID CROWTHER

   JUDGE:             John E. Steele            COUNSEL FOR              TRENTON REICHLING AND
                                                GOVERNMENT               MICHAEL LEEMAN
   DEPUTY             Micki Janczewski          COUNSEL FOR              NICOLE HUGHES WAID AND
   CLERK:                                       DEFENDANT:               BRIAN DICKERSON
   COURT              Jeff Thomas               PRETRIAL/PROBATION
   REPORTER
   DATE/TIME          March 24, 2021            Interpreter
                      9:00 AM

                                          Jury Trial – Day 2

  Start Time: 9:00 AM            Court convenes.

  Present are: AUSA Trent Reichling and AUSA Michael Leeman on behalf of the government at
  plaintiff’s table along with Secret Service Agent Brian Kirby; Atty. Nicole Waid, Atty. Brian
  Dickerson, assistant Julie Bryan on behalf of the defendant, along with defendant, at the defense
  table.

  9:00 am Government moved to admit Stipulated Government Exhibits 67, 68, 69, 70, 71, 72,
  73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98,
  104, 105, 106, 107, 108, 109, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, and 131. No
  objection from defense; exhibits admitted into evidence.

  9:04 am Jury escorted into courtroom.

  9:04 am Government witness Kyle DeCicco remains under oath, on the witness stand.
  Direct (continued) 9:05 am – 10:03 am
  Government Exhibits 8, 16, 14, 9, 13, 10, 149, 12, 18, 22, 24, and 23 provided to witness for
  identification purposes, no objection from defense; exhibits admitted into evidence and
  published for jury.
  Cross: 10:05 am – 10:32 am
  Defendant’s Exhibit I provided to witness for identification purposes.
  10:08 am – 10:10 a.m. Government requests voir dire of the witness; Court grants. Brief inquiry
  of witness by government.
  No objection from government to entry of Defendant’s Exhibit I; exhibit admitted into evidence
  and published for jury.
  Government Exhibits 6 and 8 reviewed with witness.
  Defendant’s Exhibit E18 provided to witness for identification purposes, no objection from
  government; exhibit admitted into evidence and published for jury.

  10:32 am Jury escorted out of courtroom for break.
Case 2:20-cr-00114-JES-M_M         Document 121        Filed 03/24/21    Page 2 of 4 PageID 696



  10:33 am Court in recess.

  10:52 am Court reconvenes. Jury escorted into courtroom.

  Cross (continued) of witness Kyle DeCicco 10:54 am – 11:25 am
  Government Exhibits 9, 14, 13, 10, 12, and 149 reviewed with witness.
  Defendant’s Exhibit J provided to witness for identification purposes, objection by government,
  Court overruled; exhibit admitted into evidence and published for jury.
  Redirect: 11:26 am – 11: pm
  Government Exhibit 6, 8, and 10 reviewed with witness.
  Government Exhibit 7 provided to witness for identification purposes, no objection from
  defense; exhibit admitted into evidence and published for jury.
  Government Exhibit 23 and Defendant’s Exhibit E.17 reviewed with witness.
  Government Exhibits 10 and 7 reviewed with witness.
  11:56 am witness excused.

  11:57 am Court recesses for lunch.

  1:00 pm Court back on the record.

  Attorney Waid expresses objection regarding a State Department witness for the government as
  an expert witness. AUSA Leeman makes statement. Objection to Social Security witness
  overruled by Court.

  1:07 pm Jury escorted into courtroom.

  1:08 Government calls witness, Kristin Dilorio; witness sworn.
  Direct: 1:09 pm – 2:05 pm
  Government Exhibit 166 provided to witness for identification purposes. Defense counsel
  objection as to the attachments referenced. Government responds. Objection withdrawn. Exhibit
  admitted into evidence and published for jury.
  Government Exhibit 6 reviewed with witness.
  Government Exhibit 167 provided to witness for identification purposes. Defense counsel
  objection as to the attachments. Government responds. Court grants exhibit 167 admitted, as is.
  Government Exhibits 24, 25, and 26 provided to witness for identification purposes, no
  objection from defense; exhibits admitted into evidence and published for jury.
  Government Exhibit 27 provided to witness for identification purposes, no objection from
  defense; exhibit admitted into evidence and published for jury.
  Government Exhibits 27, 31, and 32 reviewed with witness.
  Government Exhibit 28 provided to witness for identification purposes, no objection from
  defense; exhibit admitted into evidence and published for jury.
  Government Exhibits 35 and 36 reviewed with witness.
  Government Exhibits 37 and 38 provided to witness for identification purposes, objection from
  defense as to relevance, objection overruled; exhibits admitted into evidence and published for
  jury.
  Government Exhibit 30 provided to witness for identification purposes, objection from defense
  as to relevance, objection overruled; exhibit admitted into evidence and published for jury.
  Government Exhibit 107 reviewed with witness and published for jury.
  Government Exhibit 173 provided to witness for identification purposes, no objection from
  defense; exhibit admitted into evidence and published for jury.


                                               -2-
Case 2:20-cr-00114-JES-M_M         Document 121       Filed 03/24/21     Page 3 of 4 PageID 697



  Cross: 2:05 pm – 2:21 pm
  Government Exhibits 6, 31, and 30 reviewed with witness and published for jury.
  Redirect: 2:21 pm – 2:22 pm
  2:22 pm witness excused.

  2:22 pm Government calls witness, Jennifer Briggs, witness sworn.
  Direct: 2:24 pm – 2:34 pm
  Government Exhibit 29 provided to witness for identification purposes, no objection from
  defense; exhibit admitted into evidence and published for jury.
  Government Exhibits 34, and 33 reviewed with witness and published for jury.
  Cross: 2:34 pm – 2:38 pm
  Government Exhibits 29, and 33 reviewed with witness and published for jury.
  Redirect: 2:38 pm – 2:39 pm
  2:40 pm witness excused.

  Government moves to admit and publish Government Exhibit 170, which is stipulated to by
  both the Government and the defense. Exhibit admitted and published for jury. Read into the
  record.

  2:46 pm Jury escorted out for break.

  Attorney Dickerson expresses concern of testimony relative to Government witness Heather
  Mangus. AUSA Reichling responses. Defense counsel replies. Court finds testimony is relevant
  and not unduly prejudicial. Court denies the request to preclude testimony of the witness.

  2:56 pm Court in recess.

  3:16 pm Court reconvenes. Jury escorted back into the courtroom.

  3:17 pm Government calls witness, Heather Mangus; witness sworn.
  Direct: 3:18 pm – 3:21 pm
  Cross: 3:21 pm – 3:21 pm
  Witness excused 3:21 pm

  3:22 pm Government calls witness, Colleen Clark; witness sworn.
  Government Exhibit 146 provided to witness for identification purposes, no objection from
  defense; exhibit admitted into evidence and published for jury.
  Government Exhibit 64 and 65 provided to witness for identification purposes, no objection
  from defense; exhibits admitted into evidence and published for jury.
  Direct: 3:23 pm – 3:54 pm
  Cross: 3:55 pm – 4:09 pm
  Government Exhibit 146 reviewed with witness.
  Defendant’s Exhibits C.8 and C.9 provided to witness for identification purposes, no objection
  by government; exhibits admitted into evidence and published for jury.
  Redirect: 4:09 pm – 4:11 pm
  Government Exhibit 65 reviewed with witness.
  Witness excused 4:11 pm

  4:11 pm Government calls witness, Evelyn Portinari; witness sworn.
  Direct: 4:13 pm – 4:59
  Government Exhibit 64 reviewed with witness.

                                               -3-
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  Government Exhibit 150 provided to witness for identification purposes, no objection from
  defense; exhibit admitted into evidence and published for jury.
  Government Exhibit 150 reviewed with witness.
  Government Exhibit 151 provided to witness for identification purposes, no objection from
  defense; exhibit admitted into evidence and published for jury.
  4:59 pm Witness excused – to return at 9:00 am

  5:00 pm Jury instructed to return tomorrow (March 25, 2021) at 9:00 am
  Jury excused for day and escorted out of courtroom.

  Court inquires of counsel as to terms of timing and progress. Counsel responds.

  Court is ready to rule on Defendant’s Motion to Exclude Evidence of Mortgage Fraud and Guilty
  Plea, filed on March 22, 2021, at Doc #119. Order to Issue.

  Counsel excused.

  End Time: 5:10 PM




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