05/25/2011 202 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr. as to Rufus Paul Harris, Benjamin Stanley, Darryl Horton: Jury Trial continued on 5/25/2011. Jury given instruction regarding the absence of Defendant Rufus Paul Harris and his lawyer. Defendant Daryl Horton witnesses sworn in and testified. Jury excused and counsel discussed the jury instructions. Defendants Horton and Stanley rest at 11:00 a.m. Defendant Horton and Stanley move for directed verdict. The Court denied the motions. The Government presents rebuttal evidence. Government witnesses sworn and testified, and exhibits admitted. Government rests. Defendants Horton and Stanley move to dismiss the Indictment because it is deficient based on Grand Jury testimony of Brian Harvey. Defendants' motion to dismiss is denied. Closing statements. Defendants made a motion for judgment of acquittal on the count 6. The motion is denied. Jury charged. Jury began deliberations. (Court Reporter Elise Evans) (rvb) (Entered: 05/26/2011)
Minute Sheet for proceedings held In Open Court on 05/25/2011.
TIME COURT COMMENCED: 9:00 A.M. TIME COURT CONCLUDED: 5:10 P.M. TIME IN COURT: 6:20 OFFICE LOCATION: Atlanta COURT REPORTER: Elise Smith Evans DEPUTY CLERK: Julee Smilley
DEFENDANT(S): [1]Rufus Paul Harris NOT Present at proceedings [2]Benjamin Stanley Present at proceedings [3]Darryl Horton Present at proceedings
ATTORNEY(S) PRESENT: Justin Anand representing USA Aretha Asamoah representing Benjamin Stanley Jamila Hall representing USA Thomas Hawker representing Darryl Horton Ethenia King representing Benjamin Stanley Thomas Waldrop representing Darryl Horton
PROCEEDING CATEGORY: Jury Trial Continued;
MINUTE TEXT:
Jury given instruction regarding the absence of Defendant Rufus Paul Harris and his lawyer. Defendant Daryl Horton witnesses Alex Major, Michael Alexander sworn in and testified. Jury excused and counsel discussed the jury instructions. Defendants Horton and Stanley rest at 11:00 a.m. Defendant Horton and Stanley move for directed verdict. The Court denied the motions. The Government presents rebuttal evidence.
Government witnesses Keith Alan Young, Bryan Musgrove sworn in and testified. Government exhibits 651-653, 644-646 admitted. Government rests. at 11:05 a.m. Defendants Horton and Stanley move to dismiss the Indictment because it is deficient based on Grand Jury testimony of Brian Harvey. Exhibit DH 101 is admitted but will not go to the jury.
Defendants' motion to dismiss is denied. Closing statements. At a sidebar, Defendants made a motion for judgment of acquittal on the count 6. The motion is denied. Jury charged. Jury began deliberations at 4:40 p.m.
Alternate jurors are directed to report to the jury assembly room on 22nd floor until released. The jury is excused for the evening at 6:00 p.m.
05/27/2011 205 NOTICE of Service of Subpoena on Alex Major on 05/18/2011, as to Rufus Paul Harris, Benjamin Stanley, Darryl Horton. (rvb) (Entered: 05/27/2011)
05/27/2011 204 Minute Entry for proceedings held before Judge Steve C Jones as to Rufus Paul Harris, Benjamin Stanley, Darryl Horton : Jury Trial concluded on 5/27/2011. Defendant Horton sworn in. The Government files a criminal information 1:11-cr-268-TCB. Waiver of Indictment is reviewed with the Defendant. After questioning the Defendant, the Court found that Defendant Horton entered a guilty plea to the single count Information freely, knowingly, and voluntarily. Sentence is set for August 18, 2011 at 10:00 a.m. in courtroom 2106. The jury is now present and informed of the plea of Mr. Horton. The Court declares a mistrial as to counts 1,2,6 & 7 as to Mr. Horton. As to Mr. Stanley, the Court declares a mistrial as to the remaining single count 4. The jury is thanked and released. The Court will adopt the Government's recommendation regarding Mr. Stanley remaining on bond. Sentencing for Mr. Stanley will be August 18, 2011 at 10:30 a.m. in courtroom 2106. The Court refers Mr. Stanley to Magistrate Hagy to amend bond conditions to include GPS electronic monitoring, and to require that a co-signer on the bond is required. All other previously stated conditions of bond shall remain in effect. (Court Reporter Elise Evans) (rvb) (Entered: 05/27/2011)
05/26/2011 203 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr. as to Rufus Paul Harris, Benjamin Stanley, Darryl Horton: Jury Trial continued on 5/26/2011. The jury began deliberations at 9:00 a.m. A note was received at 1:30 p.m. Counsel and parties were present. After a discussion about what the answer to their question should be, the jury was brought into the courtroom and the Court verbally answered the question. The note is marked as Court Exhibit 1. Jury resumed deliberations. The jury reported to the Court that a verdict has been reached as to some of the defendants on some or all Counts. The Court accepted and published the partial verdict as follows: Defendant Harris guilty on all Counts. Defendant Stanley guilty on Counts 1,2,5 & 7. Defendant Horton Not guilty on Count 3,4 & 5. The jury is to return tomorrow to resume deliberations at 8:30 a.m. The Government moved for Defendant Stanley to be taken into custody and have the conditions of bond amended to include GPS electronic monitoring. Mr. Stanley was taken into custody. Arrangements regarding the bond conditions will be addressed tomorrow before a magistrate judge. (Court Reporter Elise Evans) (rvb) (Entered: 05/27/2011)
Defendant (1)Rufus Paul Harris Pending Counts 18:1349 ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (1) 18:1349 ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (1s) 18:1348 and 2 SECURITIES FRAUD (2) 18:1348 and 2 SECURITIES FRAUD (2s) 18:1350 (c)(1) and 2 FAILURE OF CORPORATE OFFICERS TO CERTIFY FINANCIAL REPORTS (3) 18:1343 and 2 FRAUD BY WIRE, RADIO, OR TELEVISION (3s-7s) 18:1350(c)(1) and 2 FAILURE OF CORPORATE OFFICERS TO CERTIFY FINANCIAL REPORTS (8s)
Highest Offense Level (Opening) Felony
Defendant (2)Benjamin Stanley Pending Counts 18:1349 ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (1) 18:1349 ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (1s) 18:1348 and 2 SECURITIES FRAUD (2) 18:1348 and 2 SECURITIES FRAUD (2s) 18:1343 and 2 FRAUD BY WIRE, RADIO, OR TELEVISION (3s-7s)
Highest Offense Level (Opening) Felony
Defendant (3)Darryl Horton Pending Counts 18:1349 ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (1) 18:1349 ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (1s) 18:1348 and 2 SECURITIES FRAUD (2) 18:1348 and 2 SECURITIES FRAUD (2s) 18:1343 and 2 FRAUD BY WIRE, RADIO, OR TELEVISION (3s-7s)
Highest Offense Level (Opening) Felony
Plaintiff USA represented by Justin S. Anand Office of United States Attorney 75 Spring Street, S.W. 600 United States Courthouse Atlanta, GA 30303 404-581-6322 Email: justin.anand@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gerald S. Sachs U.S. Attorney's Office-ATL 600 U.S. Courthouse 75 Spring Street, S.W. Atlanta, GA 30303 404-581-6057 Fax: 404-581-6181 Email: gerald.sachs@usdoj.gov ATTORNEY TO BE NOTICED
Jamila Marjani Hall U.S. Attorney's Office - ATL 600 Richard Russell Building 75 Spring Street, S.W. Atlanta, GA 30303 404-581-6000 Fax: 404-581-6181 Email: jamila.hall@usdoj.gov ATTORNEY TO BE NOTICED
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