~ UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Criminal Action No. 02-CR-509 FILED

UNITED STATES OF AMERICA SEPT 12 2003
~
Plaintiff,
GREGORY C. LANGHAM
VS. CLERK

CAROL GILBERT, JACKIE MARIE HUDSON, and
ARDETH PLATTE,

Defendants


REPORTER' S TRANSCRIPT
TRIAL TO A JURY OF 12 1 VOLUNE I

Proceedings before the HONORABLE ROBERT E. BLACKBURN.

Judge, United States District Court for the District ot

Colorado, commencing at 10:30 ~ on the 31st day ot March

2003, in Courtroom 8, Alfred A. Arraj United States Courthouse,

Denver, Colorado.

APPEARANCES

ROBERT BROWN, Assistant United States Attorney.
Seventeenth Street, #700, Denver, Colorado appearances for Government.

Suzanne NI, Claar, Official Reporter
901 19th St.
Denver, Colorado, 80294~3589
(303) 825~874

PROCEEDINGS REPORTED BY MECHANICAL STENOGRAPHY
TRANSCRIPTION PRODUCED BY :OMPYCEP

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APPEARANCES (Continued)

WALTER L. GERASH, 1439 Court Place, Denver, Colorado, appearing with Defendant Hudson;
SUSAN J. TYBURSKI, BOYLE & TYBURSKI, 1439 Court Place, Denver, Colorado appearing with Defendant Gilbert.

ARDETH PLATTE, Clear Creek County Jail, 405 Argentine Street, Georgetown, Colorado, appearing pro Se, with advisory counsel; SCOTT POLAND, POLAND & WHEELER, 7114 West Jefferson Avenue, #211, Denver, Colorado, and; ANABEL L. DWYER, 1325 Lilac Avenue, East Lansing, MI. 48823.


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PROCEEDINGS
(Proceedings commenced at 10:30 a.m.)
(The following proceedings were had outside the presence of the court.)

THE COURTROOM DEPUTY: What I am going to do first is seat 31 on the panel. When your name is called go on the last row one through the end. 1 through 8, 9 through 16, and the next ones we will start at the end of the chairs. Okay?

First juror is juror No. 19640, William C. Griffin.

Second juror is juror No. 20276, Ricky Lynn Fleming.

Third juror is juror No. 19189, Dennis Keith, last named spelled O-B-D-U-S-K-E-Y.

Next juror is juror No. 31059, it's Jessica Meyers White.

Next juror is juror No. 21117, Jenny M. Weir, W-E-I-R.

Next juror is juror No. 38164, Kenneth S. Moore.

Next juror is juror No. 15096, John Robert Bryant.

Next juror is juror No. 22587, Paula L. Carver.

MR. GERASH: Excuse me. Is that with a C?

THE COURTROOM DEPUTY: C.

MR. GERASH: Okay.

THE COURTROOM DEPUTY: Okay. Next juror is No. 33455. Margie Quintana. Q-U-I-N-T-A-N-A.

MR. POLAND: Thank you.

THE COURTROOM DEPUTY: Next juror is juror No. 36615, Joanne E. Kennedy.

Next juror is juror No, 2484, José

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G-U-T--I-E-R-R-E-Z.

Next juror is juror No. 29731, Thomas A. Jacobson. Last name is Jacobson.

Next juror is juror No. 4742, Randall Lawrence Price.

MR. GERASH: Could you spell that for me.

THE COURTROOM DEPUTY: P-R-I-C-E.

MR. GERASH: Thank you.

THE COURTROOM DEPUTY: Next juror is juror No. 3864, Robert McKim.

Next juror is juror No. 9768, Jeffrey D. Stroomer. S-T-R-R -- excuse me - - S-T-R-O-O-M-E-R.

Next juror is juror No. 28972, Rebecca A. Sanchez.

Next juror, if you will start at the end of the row, the chairs, please.

Next juror is juror No. 28938, Lucas, last name B-A-R-E-L-A.

Next juror is juror No. 39578, Dianne L. Watts.

Next juror is juror No. 3683, first name is K-O-R-I-N-A, last name is A-R-C-H-U-L-E-T-A.

Next juror is juror No. 14263, Kim A., last name A-R-G-U-E-L-L-O.

Next juror is 10134, Timothy L., last name F-L-A-H-E-R-T-Y.

Next juror is juror No. 12857, Marilyn Rita, last name R-O-H-R.

Next juror is juror No. 10072, Terrah Jean McNeliis.

Next juror is juror No. 15847, Alan D. Cassidy.

Next juror is juror No. 1473, Candace L. Bishop.

Next juror is juror No. 26571, Marie Lynn, last name M-C-C-L-A-N-A-}-I-A-N.

Next juror is juror No. 7330, Craig E. Archibald.

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Next juror is No. 617, Catherine D. last name S-I-S-N-E-R-O-S. Next juror is - -

MR. GERASH: What was the first letter?

THE COURTROOM DEPUTY: Last name S-I - -

MR. GERASH: First letter.

THE COURTROOM DEPUTY: S. S-N-E-R-O-S.

Next juror is Kay E. D-E-Z-O-N-I-A.

Next juror is 10706, Ross B-A-G-U-L-L-Y.

And next juror is juror No. 1540, Mike S. D-I-E-S-S-L-I-N.

(The following proceedings were had in the presence of the court.)

(Proceedings resumed at 10:55 a.m.)

THE COURT: Good morning and thank you. Please be seated.

Good morning, and welcome to the United States District Court for the District of Colorado. This District Court convenes to consider trial in case 02-CR-509, which is identified formally as the United States of America versus Carol Gilbert, Marie Hudson, and Ardeth Platte, defendants. Good morning. My name is Bob Blackburn. I am the district judge assigned to preside over these important trial proceedings.

Before we administer the oath required by law to all prospective jurors, regardless of where you are now seated in the courtroom, a few introductory remarks are in order, as they

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always are, in any trial conducted in Federal Court.

The court, of course, is going to do everything within its authority and power to preserve the important integrity of these trial proceedings and the constitutional and legal rights of all who participate in the trial itself.

To do that, a few simple but significant ground rules, if you would. First, as in all cases, traditional courtroom etiquette and decorum is absolutely necessary. It will be observed and thus it will be enforced. How do I mean? As a part of that traditional etiquette all parties will be required to stand when the court enters and exits the courtroom.

Of course as in all situations there shall be no demonstration or protest of any kind by any party or anyone, whether that be verbal or non-verbal, symbolic, or otherwise, whether it involves opinions, slogans, clothing or otherwise. Please observe those simple but significant rules of etiquette as we proceed to assist the court in preserving the constitutional and legal rights which are at stake during the course of this trial.
Very well. Prospective jurors, regardless of where you are now seated in the courtroom, I respectfully request and require that you stand, please raise your right hand, and respond out loud at the conclusion of the administration f this required and solemn oath.
Madam clerk.

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(The prospective jurors were sworn.)

THE JURORS: I do.

THE COURT: Thank you, and again please be seated.

Now I want to begin by addressing those prospective jurors who are not seated in this initial panel of 31 prospective jurors, but who instead are seated in the audience or gallery portion of the courtroom.

Ladies and gentlemen, please position yourselves at all times, to the extent practicable, so that you may clearly see, hear and observe all which transpires.

Now, the limited space in the courtroom this morning under these circumstances does not yet permit you to move about. If it does, and you feel the need to move closer to the action, if you will, please feel free to do so.

Now, ladies and gentlemen, as prospective jurors, again regardless of where you are now seated in the courtroom, the following rules, admonitions and prohibitions govern your conduct and deportment as prospective jurors in this case, therefore please listen carefully and take heed.

Of course you may not discuss this case or trial with anyone, not among yourselves, not with spouses, not with significant others, not with family, not with friends, not with strangers, and certainly not with representatives of the media.

Under no circumstances, ladies and gentlemen, outside these formal trial proceedings conducted in this federal


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courtroom may you attempt to educate or background yourselves about this case in any way, factually, legally or otherwise.

You may not visit or inspect, or attempt to visit or inspect, any places or scenes that may be described, discussed or depicted during these preliminary trial proceedings.

You must scrupulously avoid contact with any media representative or media account, if any, concerning this case, whether that be by newspaper, magazine, radio, television or otherwise.
Outside of these court proceedings please avoid any contact or communication with anyone connected with the trial of this case, including the attorneys, the defendants, any witnesses, and court personnel, with, of course, the important exception of our courtroom deputy clerk whom you've already met and whom I will introduce formally in just a few minutes.

In court avoid any contact or communication except as otherwise authorized or directed by the court with those same individuals and personnel.

And, of course, under no circumstances is it yet lawful for you, either individually or collectively, to form a an opinion or belief as to the outcome of these important trial proceedings.

Now, you will hear me talk periodically about compromising circumstances concerning this trial. How do I mean? If you find yourself involved in a discussion about this


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case, if you overhear a discussion about this case, if someone approaches you to engage you in a conversation about this case or your service as a prospective or trial juror in this case, or if you are exposed to a media representative or media account concerning this case, there are two rules; number one, withdraw from that situation immediately and rule No. 2, report that circumstance as soon as practicable, either to our courtroom deputy clerk or directly to me.

Now, the attorneys and I are going to apologize in advance. Hopefully I have piqued your interest. Why? Because outside this courtroom during the conduct of these formal trial proceedings we probably will ignore you. Not because we are impolite or rude or have an enhanced perspective of ourselves personally or professionally, but again we are committed individually and collectively to avoid even the appearance of impropriety during the trial of this case, and committed to preserve the integrity of these important trial proceedings.
Now, let me take this opportunity, with the assistance of the parties and their counsel, to introduce to you those who will be involved in the trial of this case.

Commencing with the government, counsel, if you will introduce yourselves and those seated with you at government s counsel table, please.

MR. BROWN: Thank you, your Honor.

Good morning. My name is Robert Brown. I am an

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Assistant United States Attorney. With me is Ted Faul who is a Special Agent with the Federal Bureau of Investigation, and Shane Heavner, who is with the Cheyenne base in Wyoming.

THE COURT: Counsel, let me ask you to do that commencing with defendant Gilbert, please.

MS. TYBURSKI: Good morning. My name is Sue Tyburski. I have the privilege of representing Sister Gilbert.

MR. GEPASH: My name is Walter Gerash, and I represent Jacqueline Marie Hudson.

THE COURT: And defendant Ardeth Platte.

SISTER PLATTE: I am Sister Ardeth Platte, and I have two advisory counsel.

MR. POLAND: I am Scott Poland.

MS. DWYER: I am Anabel Dwyer.

THE COURT: Let me introduce Ginny Kramer. Last, but certainly not least, is my friend and real-time reporter Suzanne Claar who has the awesome duty and responsibility to make a verbatim record of all which transpires during the trial of this important case. She is experienced. She is competent at her job. She, is using computerized and technically advanced and enhanced equipment. Notwithstanding that machine she is using, it still does not have a nod-your-head or shake-your-head button on it. And, therefore, I will be after you persistently, almost in paternalistic fashion, to answer out loud with a response, please, and she and I will both ~ell