Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/29/2015 8:00 AM
01/23/2015
HONORABLE JOSEPH KREAMER
MINUTE ENTRY
1:33 p.m. This is the time set for Status Conference relating to the consolidated Motions
to Strike the Notice of Intent to Seek Death Penalty...
Gary Bevilacqua, counsel for Macario Lopez, Jr. CR2011-007597-001, advises the Court
that the data intended to support the request for an Evidentiary Hearing as part of the Motion
to Strike the Notice of Intent to Seek Death Penalty will not be ready until the end of March.
The Court admonishes Mr. Bevilacqua for not previously notifying the Court that the
materials were not ready, which will result in the continuance of todays proceeding.
Numerous in-custody defendants have thus been unnecessarily transported for what
amounts to a scheduling conference.
The Court further reminds all Defense counsel that, if their respective Defendants
presence was waived, in accordance with the Courts minute entry dated January 5, 2015, a
Waiver of Presence applicable to todays proceeding was to be filed on or before January 16
and e-mailed to this Division. The Courts judicial assistant e-mailed all counsel, copying all
counsel on the e-mail, regarding the lack of Waivers of Presence and, to the extent that a
Waiver of Presence had not previously been filed, only one additional attorney responded.
Susan Corey, counsel for Jason Noonkester CR2011-138281-001, addresses the Court
regarding the expected timeframe for the expert to finish her work and to have the required
materials compiled.
Discussion is held regarding scheduling issues.
IT IS ORDERED that the Defense shall have until March 20, 2015, in which to file a
Motion for an Evidentiary Hearing and to produce any data that the Defense believes would
support its argument that an Evidentiary Hearing is appropriate and/or supports the factual
basis for the Motion for an Evidentiary Hearing. The Defense is to provide a copy of the
Motion and a copy of all of the data to the Court and to each counsel of record for the State.
IT IS FURTHER ORDERED that the State shall have until April 10, 2015, in which to
file a Response to the Motion for an Evidentiary Hearing.
IT IS FURTHER ORDERED setting Hearing for April 24, 2015, at 1:30 p.m. in this
Division on the Defendants Motions for Evidentiary Hearing. Unless a formal Waiver of
Presence is filed, each Defendant will be transported for this Hearing.
IT IS FURTHER ORDERED setting Oral Argument on May 8, 2015, at 1:30 p.m. on
the Defendants Motions to Strike Notice of Intent to Seek Death Penalty. Unless a formal
Waiver of Presence is filed, each Defendant will be transported for the Oral Argument.
Any Waiver of Presence applicable to the Hearing on April 24, 2015, or the Oral
Argument on May 8, 2015, must be filed on or before April 10, 2015, and must be emailed
to this Division.
IT IS ORDERED vacating Oral Argument set for February 6, 2015, at 1:30 p.m. in this
Division.
http://www.courtminutes.maricopa.gov/docs/Criminal/012015/m6672988.pdf
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/29/2015 8:00 AM
01/27/2015
TRIAL MINUTE ENTRY
DAY THIRTY-THREE
The Jury is not present.
Court and counsel discuss matters.
Defendants Motion to Preclude Witness is argued and denied.
LET THE RECORD REFLECT that the Defendant states on the record that she will not
be completing her testimony...
Defendants Motion to Preclude Witness is re-urged and re-argued.
The ruling is made as stated on the record...
The Defense rests.
The States rebuttal case commences.
Abe Abdelhadi is sworn and testifies.
LET THE RECORD REFLECT the witness identifies the Defendant...
The witness is admonished not to discuss this case or his testimony until the end of this
case or when he is informed that he will not be recalled and steps down from the witness
stand...
Deanna Reid is sworn and testifies.
Defense Exhibit 845 is marked for identification..
4:05 p.m. Court stands at recess until 1/28/15 at 1:30 p.m. in this division....
http://www.courtminutes.maricopa.gov/docs/Criminal/012015/m6672486.pdf
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Case Documents
Filing Date Description Docket Date Filing Party
1/29/2015 029 - ME: Status Conference - Party (001) 1/29/2015
1/29/2015 012 - ME: Trial - Party (001) 1/29/2015
http://www.superiorcourt.maricopa.g...rtCases/caseInfo.asp?caseNumber=CR2008-031021