Criminal Jury Trial - Day 2 — USA vs. Kisha Sutton (District Judge Daybook Entry, Southern District of West Virginia)

Summary

A District Judge Daybook Entry for Criminal Jury Trial Day 2 in USA vs. Kisha Sutton, Case Number 2:24-cr-00192, S.D. W. Va. at Charleston, Document 325, dated 7/15/2025, with Berger listed as the presiding officer. Jonathan Storage and Jennifer Gordon appeared for the Government and Connor Robertson for the defendant. The Government called Jasmine Spencer and rested, and the defendant rested after being advised of the right to testify. The Court denied the defense motions for judgment of acquittal as to Count One and to dismiss Count Two, then gave final instructions and heard closing arguments. The jury returned a verdict of Guilty on Count One and Guilty on Count Two, the defendant was released on prior bond, and sentencing was set for November 13, 2025, at 10:00 a.m.

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District Judge Daybook Entry
United States District Court - Southern District of West Virginia at Charleston
Date:
7/15/2025
Case Number:
2:24-cr-00192
Case Style:
USA vs. Kisha Sutton
Type of hearing:
Criminal Jury Trial - Day 2
Before the Honorable:
2516-Berger
Court Reporter:
Lisa Cook
Courtroom Deputy:
Kierstin Tudor
Attorney(s) for the Plaintiff or Government:
Jonathan Storage & Jennifer Gordon
Attorney(s) for the Defendant(s):
Connor Robertson
Law Clerk:
Emily Ogden
Probation Officer:
Court Times
Start Time
End Time
Court Time Description
9:02 AM
9:18 AM
Court actively conducting trial proceedings/Contested proceedings
9:24 AM
10:10 AM
Court actively conducting trial proceedings/Contested proceedings
10:41 AM
11:02 AM
Court actively conducting trial proceedings/Contested proceedings
11:12 AM
11:15 AM
Court actively conducting trial proceedings/Contested proceedings
1:58 PM
3:30 PM
Court actively conducting trial proceedings/Contested proceedings
3:33 PM
3:34 PM
Court actively conducting trial proceedings/Contested proceedings
4:36 PM
4:43 PM
Court actively conducting trial proceedings/Contested proceedings
Time in court: 3 hours and 6 minutes. Court actively conducting trial proceedings/Contested proceedings
Courtroom Notes
JURY TRIAL - DAY 2
Scheduled Start 9:00 a.m.
Actual Start 9:02 a.m.
Defendant present in person and by counsel.
Court addresses matters with counsel.
Government has nothing further regarding Gov’t Ex. 18 [which was not admitted].
Court recessed at 9:18 a.m.
Court resumed at 9:24 a.m.
Jury brought in.
Government calls JASMINE SPENCER; oath given.
Direct by Ms. Gordon.
Cross by Ms. Robertson.
Redirect.
Government rests.
Jury excused.
Mr. Robertson moves for judgment of acquittal as to Count One, and moves to dismiss Count Two.
Mr. Storage responds to Defendant’s motions.
Court makes certain findings and defers ruling on motions.
Court advises Defendant regarding her right to testify and her right to remain silent.
Jury brought in.
Defendant rests.
Case 2:24-cr-00192     Document 325     Filed 07/15/25     Page 1 of 2 PageID #: 1807

Jury excused.
Court recessed at 10:10 a.m.
Court resumed at 10:41 a.m.
Court addresses Defendant’s motions and, for reasons stated, DENIES same.
Court addresses proposed jury charge with counsel.
Court recessed at 11:02 a.m.
Court resumed at 11:12 a.m.
Jury brought in and excused for lunch.
Court recessed at 11:15 a.m.
Court resumed at 1:58 p.m.
Court gives final instructions to the jury.
Mr. Storage begins closing argument on behalf of Government.
Mr. Robertson makes closing argument on behalf of Defendant.
Ms. Gordon concludes closing argument on behalf of Government.
Court completes final instructions to the jury.
Jury excused to deliberate at 3:30 p.m.
Court recessed at 3:30 p.m.
Court resumed at 3:33 p.m.
Counsel review proposed verdict form before it goes to jury.
Court recessed at 3:34 p.m.
Court resumed at 4:36 p.m.
Jury brought in.
Jury has reached a verdict.
Court inspects verdict and reads same aloud:
Count One – Guilty
Count Two – Guilty
Court polls jury regarding their verdict.
Jury excused.
Defendant released on prior bond.
Sentencing set for November 13, 2025, at 10:00 a.m.
Court recessed at 4:43 p.m.
Case 2:24-cr-00192     Document 325     Filed 07/15/25     Page 2 of 2 PageID #: 1808

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