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United States of America v. Beau Hansen and Jonathan Henery

Date: 02-14-2015

Case Number: 1:14-cr-00088-BLW

Judge: BLW

Court: United States District Court for the District of Idaho (Ada County)

Plaintiff's Attorney: Aaron Lucoff and Ali Ahmad

Defendant's Attorney: Mark J Ackley for Beau Edward Hansen

Tom Dominick for Jonathan Lynn Henery

Description:
Boise, ID - The United States of America charged Beau Hansen and Jonathan Henery with violating Title 18 U.S.C. 249(F) by committing a hate crime based on race and color. The Government claimed that Hansen, 31, and Henery, 29, who are from Boise, beat another Boise man, Derrick Lewis, 46, about 1 a.m. on Oct. 20, 2013, at the Torch 2 club on South Vista Avenue. They said Hansen and Henery repeatedly uttered racial slurs at Lewis, who suffered serious injuries to his eyes in the fracas.



The defense claimed that the Defendants and Lewis simply got into a fight in a bar.



Docket Entries for this case:



1 INDICTMENT (Notice sent to USP & USM) as to Jonathan Lynn Henery (1) count(s) 1, Beau Edward Hansen (2) count(s) 1. (Attachments: # 1 Sealed Foreperson Signature, # 2 Certificate of the Attorney General, # 3 Coversheet for Jonathan Henery, # 4 Service Information Sheet for Jonathan Henery, # 5 Coversheet for Beau Hansen) (st) (Additional attachment(s) added on 5/14/2014: # 6 Service Information Sheet for Beau Hansen) (st). (Entered: 05/14/2014)

05/15/2014 4 Application for Writ of Habeas Corpus ad prosequendum by USA as to Beau Edward Hansen. (st) (Entered: 05/16/2014)

05/15/2014 6 Application for Writ of Habeas Corpus ad prosequendum by USA as to Jonathan Lynn Henery. (st) (Entered: 05/16/2014)

05/16/2014 5 ORDER granting 4 Application for Writ of Habeas Corpus ad prosequendum (Notice sent to USM) as to Beau Edward Hansen (2) Arraignment set for 6/3/2014 10:00 AM in Boise - Courtroom 1 before Judge Mikel H. Williams. Signed by Judge Mikel H. Williams. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

05/16/2014 7 ORDER granting 6 Application for Writ of Habeas Corpus ad prosequendum (Notice sent to USM) as to Jonathan Lynn Henery (1) Arraignment set for 6/3/2014 10:00 AM in Boise - Courtroom 1 before Judge Mikel H. Williams. Signed by Judge Mikel H. Williams. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

05/29/2014 8 DOCKET ENTRY NOTICE AMENDING HEARING (CHANGE IN PRESIDING JUDGE ONLY) as to Jonathan Lynn Henery, Beau Edward Hansen (Notice sent to USP & USM) Arraignment set for 6/3/2014 10:00 AM in Boise - Courtroom 1 before Judge Larry M. Boyle. (so)

05/30/2014 9 Detainer Lodged as to Beau Edward Hansen (Notice sent to USP & USM) (Attachments: # 1 Sealed Detainer, # 2 Sealed Warrant)(st)

05/30/2014 10 Notice of Appearance by Attorney Ali I. Ahmad for USA as to Jonathan Lynn Henery and Beau Edward Hansen. (Ahmad, Ali) Modified on 6/27/2014 to edit document title in the docket text because it is not a motion (st).

05/30/2014 11 MOTION for Detention as to Jonathan Henery (Notice sent to USP) by USA as to Jonathan Lynn Henery. (Lucoff, Aaron)

05/30/2014 12 MOTION for Detention as to Beau Hansen (Notice sent to USP) by USA as to Beau Edward Hansen. (Lucoff, Aaron)

06/03/2014 13 NOTICE OF ATTORNEY APPEARANCE: Mark J Ackley appearing for Beau Edward Hansen and Assignment of Counsel (Notice sent to USM) (Ackley, Mark)

06/03/2014 14 Minute Entry for proceedings held before Judge Larry M. Boyle:Arraignment as to Beau Edward Hansen (2) Count 1 held on 6/3/2014 (Notice sent to USP & USM), Detention Hearing as to Beau Edward Hansen held on 6/3/2014 (Notice sent to USP & USM), Initial Appearance as to Beau Edward Hansen held on 6/3/2014. See procedural order for trial setting. (Notice sent to USP & USM) (Court Reporter/ESR S. O'Larey.) (so) (Entered: 06/04/2014)

06/03/2014 15 DOCKET ENTRY ORDER APPOINTING FEDERAL DEFENDER: as to Beau Edward Hansen. On the basis of the sworn financial affidavit, the Court finds Defendant is financially unable to retain counsel. It is hereby ORDERED that the Federal Defender Services of Idaho is hereby appointed to represent Defendant in these proceedings pursuant to Title 18 United States Code 3006A. IT IS FURTHER ORDERED that the Federal Defender shall immediately notify the Clerk's Office of any conflict of interest or inability to continue this appointment. Signed by Judge Larry M. Boyle.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (so) (Entered: 06/04/2014)

06/03/2014 16 Minute Entry for proceedings held before Judge Larry M. Boyle:Arraignment as to Jonathan Lynn Henery (1) Count 1 held on 6/3/2014 (Notice sent to USP & USM), Detention Hearing as to Jonathan Lynn Henery held on 6/3/2014 (Notice sent to USP & USM), Initial Appearance as to Jonathan Lynn Henery held on 6/3/2014. See procedural order for trial setting. (Notice sent to USP & USM) (Court Reporter/ESR S. O'Larey.) (so) (Additional attachment(s) added on 6/5/2014: # 1 Government's Exhibit #1, # 2 Government's Exhibit #2) (so). (Entered: 06/04/2014)

06/03/2014 17 DOCKET TEXT PROCEDURAL ORDER AND NOTICE SETTING TRIAL: as to Jonathan Lynn Henery, Beau Edward Hansen. The Defendant and Government hereby select the standard reciprocal discovery elections. If Search Warrant(s) were executed in this matter, Government does not object to release and production of related materials. Government requests notice of alibi. Parties shall adhere to all provisions of the Criminal Procedural Order, as listed in General Order #242. It is so ordered. Jury Trial set for 8/4/2014 01:30 PM in Boise - Courtroom 3 before Judge B. Lynn Winmill. Telephonic Pretrial Conference set for 7/24/2014 04:00 PM before Judge B. Lynn Winmill.The government is directed to initiate the conference call with opposing counsel on the line to (208) 334-9145. Signed by Judge Larry M. Boyle.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (so) (Entered: 06/04/2014)

06/03/2014 20 DETENTION ORDER as to Jonathan Lynn Henery (Notice sent to USP & USM). Signed by Judge Larry M. Boyle.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) (Entered: 06/05/2014)

06/03/2014 21 CJA 23 Financial Affidavit by Beau Edward Hansen (st) (Entered: 06/05/2014)

06/03/2014 22 WAIVER OF DETENTION HEARING AND ORDER OF DETENTION as to Beau Edward Hansen (Notice sent to USP & USM). Signed by Judge Larry M. Boyle.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) (Entered: 06/05/2014)

06/03/2014 23 DEFENDANT'S WAIVER Of Right To Remain In Federal Custody Prior To Trial In Federal Court by Beau Edward Hansen (Notice sent to USMS). (st) (Entered: 06/05/2014)

06/03/2014 24 ASSERTION OF FIFTH AND SIXTH AMENDMENT RIGHTS by Beau Edward Hansen (st) (Entered: 06/05/2014)

06/03/2014 25 CJA 23 Financial Affidavit by Jonathan Lynn Henery (st) (Entered: 06/05/2014)

06/09/2014 26 MOTION for Protective Order by USA as to Jonathan Lynn Henery, Beau Edward Hansen. (Lucoff, Aaron)

06/10/2014 27 DISCOVERY PROTECTIVE ORDER granting 26 Motion for Protective Order (Notice sent to USM) as to Jonathan Lynn Henery (1) and Beau Edward Hansen (2). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

06/16/2014 28 DEFENDANT'S WAIVER Of Right To Remain In Federal Custody Prior To Trial In Federal Court by Jonathan Lynn Henery. (Notice sent to USMS) (st)

06/19/2014 29 MOTION to Dismiss by Jonathan Lynn Henery. (Attachments: # 1 Memorandum in Support)(Dominick, Thomas)

06/30/2014 30 NOTICE of Joinder in Co-Defendant's Motion to Dismiss Indictment by Beau Edward Hansen as to Jonathan Lynn Henery, Beau Edward Hansen re 29 MOTION to Dismiss (Ackley, Mark)

07/03/2014 31 RESPONSE to Motion by USA as to Jonathan Lynn Henery, Beau Edward Hansen re 29 MOTION to Dismiss (Lucoff, Aaron)

07/08/2014 32 MOTION for Extension of Time to File Response/Reply by Jonathan Lynn Henery. (Attachments: # 1 Affidavit)(Dominick, Thomas)

07/10/2014 33 DOCKET ENTRY ORDER granting 32 Motion for Extension of Time to File Response/Reply as to Jonathan Lynn Henery (1). Defendant shall file his reply on or before July 31, 2014. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (js)

07/14/2014 35 Transcript of Proceedings as to Jonathan Lynn Henery held on 6/3/2014 (Arraignment/Plea & Detention Hearing) before Judge Larry M. Boyle. Court Reporter/Transcriber NW Transcripts, Telephone number 208-989-3455. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/7/2014. Redacted Transcript Deadline set for 8/18/2014. Release of Transcript Restriction set for 10/17/2014. (st) (Entered: 07/15/2014)

07/15/2014 34 MOTION to Continue Jury Trial by USA as to Jonathan Lynn Henery, Beau Edward Hansen. (Lucoff, Aaron)

07/15/2014 36 Notice of Filing of Official Transcript (st)

07/16/2014 37 ORDER granting 34 Motion to Continue (Notice sent to USM) as to Jonathan Lynn Henery (1) and Beau Edward Hansen (2). Jury Trial reset for 11/10/2014 01:30 PM in Boise - Courtroom 3 before Judge B. Lynn Winmill. Telephonic Pretrial Conference reset for 10/29/2014 04:00 PM in Boise Chambers before Judge B. Lynn Winmill. Speedy trial excludable time XT 8/4/2014 to 11/10/2014. Pretrial motions due 10/13/2014. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

07/17/2014 CORRECTIVE ENTRY - Docket number 31 Response to Motion filed by USA was filed incorrectly as to the certificate of service only. The certificate of service should state the specific parties that received a copy of the document and by what method. See ECF procedure section 8, Service. Please re-file the Certificate of Service and link to docket number 31. (st)

07/18/2014 38 Certificate of Service by USA as to Jonathan Lynn Henery, Beau Edward Hansen re 31 Response to Motion (Lucoff, Aaron)

07/21/2014 Set/Reset Deadlines re Motion or Report and Recommendation in case as to Jonathan Lynn Henery 29 MOTION to Dismiss . Replies due by 7/31/2014. (Per docket entry order, dkt #33)(st)

07/31/2014 39 REPLY TO RESPONSE to Motion by Jonathan Lynn Henery re 29 MOTION to Dismiss (Dominick, Thomas)

09/17/2014 40 Second MOTION for Protective Order by USA as to Jonathan Lynn Henery, Beau Edward Hansen. (Lucoff, Aaron)

09/17/2014 41 SECOND DISCOVERY PROTECTIVE ORDER. The court has before it a motion 40 filed by the government seeking a discovery protective order regarding the handling of certain audio recordings. The motion is not opposed by defense counsel for either defendant. The court finds that good cause exists for entering the requested order. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

10/13/2014 42 MEMORANDUM DECISION AND ORDER. IT IS ORDERED: Defendant's Motion to Dismiss the Indictment 29 is DENIED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) (Entered: 10/14/2014)

10/22/2014 43 MOTION to Continue Trial Readiness Conference and Trial by Beau Edward Hansen as to Jonathan Lynn Henery, Beau Edward Hansen. (Attachments: # 1 Supporting Affidavit)(Ackley, Mark)

10/22/2014 44 JOINDER by Defendant Jonathan Lynn Henery joining 43 MOTION to Continue Trial Readiness Conference and Trial filed by Beau Edward Hansen (Dominick, Thomas)

10/23/2014 45 NOTICE regarding Jencks material by USA as to Jonathan Lynn Henery, Beau Edward Hansen (Lucoff, Aaron)

10/23/2014 46 DOCKET ENTRY NOTICE OF HEARING as to Jonathan Lynn Henery and Beau Edward Hansen: A Telephonic Status Conference is set for 10/24/2014 at 11:00 AM before Judge B. Lynn Winmill. The call in information is as follows: dial in number 1-877-336-1828, access code 4685496, and security code 2591. (Notice sent to USP & USM)(jlg)

10/24/2014 47 Minute Entry for proceedings held before Judge B. Lynn Winmill: Telephonic Status Conference as to Jonathan Lynn Henery and Beau Edward Hansen held on 10/24/2014. The Court will grant the Motion to Continue 43 . An order is forthcoming. (Notice sent to USM) (Court Reporter Tammy Hohenleitner.) (jlg)

10/24/2014 48 ORDER CONTINUING TRIAL AND TRIAL READINESS CONFERENCE granting 43 Motion to Continue as to Jonathan Lynn Henery (1), Beau Edward Hansen (2) (Notice sent to USM) Jury Trial reset for 1/5/2015 09:30 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. Pretrial Conference reset for 12/16/2014 02:30 PM in Boise - Courtroom 3 before Judge B. Lynn Winmill. Speedy trial excludable time XT 11/10/2014 to 1/5/2015. Pretrial motions due by 12/8/2014. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

10/31/2014 49 NOTICE of Waiver of Defendant's Presence at Hearing on Motion to Continue by Beau Edward Hansen re 43 MOTION to Continue Trial Readiness Conference and Trial (Ackley, Mark)

11/25/2014 50 AMENDED DOCKET ENTRY NOTICE OF HEARING as to Jonathan Lynn Henery and Beau Edward Hansen - Due to the Court's calendar, the In Person Pretrial Conference set for 12/16/2014 is rescheduled for 12/17/2014 at 1:30 PM in Boise - Courtroom 3 before Judge B. Lynn Winmill. (Notice sent to USP & USM)(jlg)

12/12/2014 51 Second MOTION to Continue Trial and Pretrial Conference by Beau Edward Hansen as to Jonathan Lynn Henery, Beau Edward Hansen. (Attachments: # 1 Supporting Affidavit)(Ackley, Mark)

12/15/2014 52 JOINDER by Defendant Jonathan Lynn Henery joining 51 Second MOTION to Continue Trial and Pretrial Conference filed by Beau Edward Hansen (Dominick, Thomas)

12/15/2014 53 ORDER CONTINUING TRIAL AND TRIAL READINESS CONFERENCE granting 51 Motion to Continue (Notice sent to USM) as to Jonathan Lynn Henery (1) and Beau Edward Hansen (2) Jury Trial reset for 2/2/2015 09:30 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. Pretrial Conference reset for 1/9/2015 09:00 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. Speedy trial excludable time XT 1/5/2015 to 2/2/2015. Pretrial motions due 1/5/2015. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

12/16/2014 54 AMENDED ORDER CONTINUING TRIAL AND TRIAL READINESS CONFERENCE as to Jonathan Lynn Henery and Beau Edward Hansen re 53 Order. (Notice sent to USM). Signed by Judge B. Lynn Winmill.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

12/19/2014 55 NOTICE of Intent to Offer 404(b) Evidence by USA as to Jonathan Lynn Henery, Beau Edward Hansen (Lucoff, Aaron)

12/23/2014 56 Sealed Document Government's Proposed Jury Questionnaire (Attachments: # 1 Supplement)(Lucoff, Aaron)

12/23/2014 57 Proposed Jury Instructions by USA as to Jonathan Lynn Henery, Beau Edward Hansen (Lucoff, Aaron)

01/05/2015 58 First MOTION in Limine by USA as to Jonathan Lynn Henery, Beau Edward Hansen. (Lucoff, Aaron)

01/05/2015 59 Second MOTION in Limine by USA as to Jonathan Lynn Henery, Beau Edward Hansen. (Lucoff, Aaron)

01/05/2015 60 Sealed Document Defendant Hansen's Proposed Jury Questionnaire (Attachments: # 1 Attachment)(Ackley, Mark)

01/05/2015 61 Sealed Document Def Henery's Proposed Jury Questionnaire (Attachments: # 1 Proposed Jury Questionnaire Part 2)(Dominick, Thomas)

01/05/2015 62 Third MOTION in Limine RE: Impermissible and Irrelevant Arguments by USA as to Jonathan Lynn Henery, Beau Edward Hansen. (Lucoff, Aaron)

01/05/2015 63 Proposed Jury Instructions by Jonathan Lynn Henery (Dominick, Thomas)

01/05/2015 64 MOTION to Suppress by Jonathan Lynn Henery. (Attachments: # 1 Memorandum in Support, # 2 Aff of Thomas B. Dominick)(Dominick, Thomas)

01/05/2015 65 MOTION to Sever Defendant Motion to Sever Trials (Notice sent to USP) by Jonathan Lynn Henery. (Attachments: # 1 Memo in Support)(Dominick, Thomas)

01/05/2015 66 MOTION to Suppress Statements by Beau Edward Hansen. (Attachments: # 1 Supporting Memorandum, # 2 Exhibit A, # 3 Exhibit F)(Ackley, Mark) Modified on 1/6/2015 - Exhibit B (1 CD) received by the Clerk's Office and is on the shelf in the file room (st).

01/06/2015 67 Sealed Document Re: 60 Sealed Document Government's Objections to Defendants' Jury Questionnaires (Lucoff, Aaron)

01/07/2015 68 RESPONSE to Motion by USA as to Jonathan Lynn Henery, Beau Edward Hansen re 65 MOTION to Sever Defendant Motion to Sever Trials (Notice sent to USP) (Lucoff, Aaron)

01/08/2015 69 Sealed Document Ex Parte Application for Issuance of Subpoena and Payment of Costs and Fees (Hardy) (Attachments: # 1 Subpoena)(Dominick, Thomas)

01/08/2015 70 Sealed Document Ex Parte Application for Issuance of Subpoena and Payment of Costs and Fees (Jensen) (Attachments: # 1 Subpoena)(Dominick, Thomas)

01/08/2015 71 Sealed Document Ex Parte Application for Issuance of Subpoena and Payment of Costs and Fees (Attachments: # 1 Subpoena)(Dominick, Thomas)

01/08/2015 72 Sealed Document Ex Parte Application for Issuance of Subpoena and Payment of Costs and Fees (Attachments: # 1 Subpoena)(Dominick, Thomas)

01/08/2015 73 Sealed Document Ex Parte Application for Issuance of Subpoena and Payment of Costs and Fees (Attachments: # 1 Subpoena)(Dominick, Thomas)

01/09/2015 74 Expert Witness Disclosure by Beau Edward Hansen (Ackley, Mark)

01/09/2015 76 PRETRIAL ORDER as to Jonathan Lynn Henery, Beau Edward Hansen (Notice sent to USM). Responses to the pending motions to suppress and motion in limine due by 1/14/2015. Replies to the pending motions to suppress and motion in limine due by 1/20/2015. Additional motions in limine due by 1/14/2015 and responses due 1/20/2015 and no reply brief shall be filed. Jury Questionnaires due by 1/16/2015. Proposed Jury Instructions due by 1/14/2015. The Government Exhibit and Witness Lists due by 1/16/2015. Defendants Exhibit and Witness Lists due by 1/23/2015. An in person jury instruction conference set for 1/23/2015 09:30 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. The trial is scheduled for 10 days commencing 2/2/2015. Signed by Judge B. Lynn Winmill.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

01/09/2015 83 Minute Entry for proceedings held before Judge B. Lynn Winmill: Pretrial Conference as to Jonathan Lynn Henery and Beau Edward Hansen held on 1/9/2015. (Court Reporter Tammy Hohenleitner.) (jlg) (Entered: 01/13/2015)

01/12/2015 77 Sealed Document Ex Parte Application for Issuance of Subpoena and Payment of Costs and Fees (Attachments: # 1 Subpoena)(Dominick, Thomas)

01/12/2015 78 MEMORANDUM DECISION AND ORDER. IT IS ORDERED: Defendant Jonathan Lynn Henery's Motion to Sever Trials 65 is DENIED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

01/14/2015 84 RESPONSE to Motion by USA as to Jonathan Lynn Henery, Beau Edward Hansen re 66 MOTION to Suppress Statements, 64 MOTION to Suppress (Lucoff, Aaron)

01/14/2015 85 Fourth MOTION in Limine re: witnesses' prior convictions by USA as to Jonathan Lynn Henery, Beau Edward Hansen. (Lucoff, Aaron)

01/14/2015 86 Sealed Document Ex Parte Application for Issuance of Subpoena and Payment of Costs and Fees (Attachments: # 1 Subpoena)(Dominick, Thomas)

01/14/2015 87 Objection by Beau Edward Hansen to 55 Notice (Other) filed by USA (Attachments: # 1 Exhibit A)(Ackley, Mark) Modified on 1/15/2015 - Exhibit A (1 CD) received by the Clerk's Office and is on the shelf in the file room (st).

01/14/2015 88 RESPONSE to Motion by Jonathan Lynn Henery re 58 First MOTION in Limine (Dominick, Thomas)

01/14/2015 89 Sealed Document Re: 87 Objection Sealed Exhibit B (Attachments: # 1 Exhibit B)(Ackley, Mark)

01/14/2015 90 RESPONSE to Motion by Jonathan Lynn Henery re 59 Second MOTION in Limine (Dominick, Thomas)

01/14/2015 91 RESPONSE to Motion by Beau Edward Hansen re 59 Second MOTION in Limine Response to Government's Second Motion in Limine (Ackley, Mark)

01/14/2015 92 RESPONSE to Motion by Beau Edward Hansen re 62 Third MOTION in Limine RE: Impermissible and Irrelevant Arguments Response to Government's Third Motion in Limine (Ackley, Mark)

01/14/2015 93 MOTION for a Jury View by Beau Edward Hansen. (Ackley, Mark)

01/14/2015 94 SEALED MOTION Fifth Motion in Limine by USA as to Jonathan Lynn Henery, Beau Edward Hansen. (Lucoff, Aaron)

01/14/2015 95 Certificate of Service by USA as to Jonathan Lynn Henery, Beau Edward Hansen re 94 SEALED MOTION Fifth Motion in Limine (Lucoff, Aaron)

01/14/2015 96 First MOTION in Limine by Jonathan Lynn Henery. (Dominick, Thomas)

01/14/2015 97 Proposed Jury Instructions by Beau Edward Hansen (Ackley, Mark)

01/15/2015 109 ORDER. IT IS HEREBY ORDERED: Defendant Henery's Motion to Suppress Defendant Jonathan Lynn Henery's Statements 64 is GRANTED. Defendant Hansen's Motion to Suppress Statements Made 66 is GRANTED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

01/15/2015 110 EX PARTE ORDER (Notice sent to USM) Signed by Judge B. Lynn Winmill by (st)

01/15/2015 113 Sealed Document (Attachments: # 1 attachment, # 2 attachment)(st)

01/16/2015 114 Sealed Document Final Proposed Jury Questionnaire (Attachments: # 1 Supplement)(Lucoff, Aaron)

01/16/2015 115 WITNESS LIST (sealed) by USA as to Jonathan Lynn Henery, Beau Edward Hansen (Lucoff, Aaron)

01/16/2015 116 Sealed Document Government's Exhibit List (Lucoff, Aaron)

01/16/2015 117 Certificate of Service by USA as to Jonathan Lynn Henery, Beau Edward Hansen re 115 Witness List (Lucoff, Aaron)

01/16/2015 118 Certificate of Service by USA as to Jonathan Lynn Henery, Beau Edward Hansen re 116 Sealed Document (Lucoff, Aaron)

01/20/2015 119 JOINDER by Defendants Jonathan Lynn Henery joining 92 Response to Motion filed by Beau Edward Hansen (Dominick, Thomas) Modified on 1/20/2015 to take Beau Hansen out of the docket text as a filing party (st).

01/20/2015 120 RESPONSE to Motion by Jonathan Lynn Henery re 94 SEALED MOTION Fifth Motion in Limine (Dominick, Thomas)

01/20/2015 121 RESPONSE to Motion by Jonathan Lynn Henery re 85 Fourth MOTION in Limine re: witnesses' prior convictions (Dominick, Thomas)

01/20/2015 122 SUPPLEMENT by Plaintiff USA re 85 Fourth MOTION in Limine re: witnesses' prior convictions filed by USA (Lucoff, Aaron)

01/20/2015 123 REPLY TO RESPONSE to Motion by USA as to Jonathan Lynn Henery, Beau Edward Hansen re 58 First MOTION in Limine re: defendants' statements (Lucoff, Aaron)

01/20/2015 124 REPLY TO RESPONSE to Motion by USA as to Jonathan Lynn Henery, Beau Edward Hansen re 59 Second MOTION in Limine re: character evidence (Lucoff, Aaron)

01/20/2015 125 RESPONSE in Opposition by USA as to Jonathan Lynn Henery, Beau Edward Hansen re 93 MOTION for a Jury View (Lucoff, Aaron)

01/20/2015 126 RESPONSE to Motion by USA as to Jonathan Lynn Henery, Beau Edward Hansen re 96 First MOTION in Limine (Lucoff, Aaron)

01/20/2015 127 REPLY by USA as to dft Jonathan Lynn Henery, Beau Edward Hansen re 87 Objection to Government's 404(b) Notice (Attachments: # 1 Exhibit Exhibit A)(Lucoff, Aaron) Modified on 1/22/2015 - Exhibit A (1 CD) was received by the Clerk's Office on 1/21/15 and is on the shelf in the file room (st).

01/20/2015 128 REPLY TO RESPONSE to Motion by USA as to Jonathan Lynn Henery, Beau Edward Hansen re 62 Third MOTION in Limine RE: Impermissible and Irrelevant Arguments (Lucoff, Aaron)

01/20/2015 130 RESPONSE to Motion by Beau Edward Hansen re 85 Fourth MOTION in Limine re: witnesses' prior convictions Response to Government's Fourth Motion in Limine (Ackley, Mark)

01/21/2015 131 JOINDER by Defendants Jonathan Lynn Henery joining 93 MOTION for a Jury View filed by Beau Edward Hansen (Dominick, Thomas) Modified on 1/21/2015 to remove Beau Hansen as a filing party (st).

01/21/2015 135 Sealed Document Re: 134 EX PARTE MOTION (Dominick, Thomas)

01/21/2015 136 EX PARTE MOTION (Attachments: # 1 Subpoena)(Dominick, Thomas) Modified on 1/21/2015 to change event type (st).

01/21/2015 138 EXHIBIT LIST by Jonathan Lynn Henery (Dominick, Thomas)

01/21/2015 139 WITNESS LIST (sealed) by Jonathan Lynn Henery (Dominick, Thomas)

01/22/2015 145 MOTION to Strike Defendant Hansen's Supplemental Jury Instructions by USA as to Jonathan Lynn Henery, Beau Edward Hansen. (Lucoff, Aaron)

01/22/2015 146 SUPPLEMENT by Defendant Beau Edward Hansen re 97 Proposed Jury Instructions filed by Beau Edward Hansen Defendant Hansen's Supplemental Proposed Jury Instruction (Ackley, Mark)

01/23/2015 147 Minute Entry for proceedings held before Judge B. Lynn Winmill: Jury Instruction Conference as to Jonathan Lynn Henery and Beau Edward Hansen held on 1/23/2015. (Court Reporter Tammy Hohenleitner.) (jlg)

01/23/2015 148 EXHIBIT LIST by Beau Edward Hansen (Ackley, Mark) Modified on 1/23/2015 to Seal per attorney request (cjs).

01/23/2015 149 Sealed Document Witness List (Ackley, Mark)

01/23/2015 151 MEMORANDUM DECISION AND ORDER as to Jonathan Lynn Henery. Defendant Jonathan Henery's Motion in Limine 96 is DENIED IN PART and RESERVED IN PART (Notice sent to USM). Signed by Judge B. Lynn Winmill.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

01/23/2015 159 Sealed Document (st) (Entered: 01/28/2015)

01/23/2015 160 Sealed Document (st) (Entered: 01/28/2015)

01/26/2015 152 WITNESS LIST (sealed) by Jonathan Lynn Henery (Dominick, Thomas)

01/26/2015 153 Proposed Voir Dire by USA as to Jonathan Lynn Henery, Beau Edward Hansen (Lucoff, Aaron)

01/27/2015 155 TRIAL BRIEF by USA as to Jonathan Lynn Henery, Beau Edward Hansen (Lucoff, Aaron)

01/27/2015 156 Sealed Document Ex Parte Application for Issuance of Subpoena and Payment of Costs and Fees (Attachments: # 1 Subpoena)(Dominick, Thomas)

01/27/2015 170 Sealed Document (st) (Entered: 01/30/2015)

01/27/2015 171 Sealed Document (st) (Entered: 01/30/2015)

01/28/2015 161 TRIAL BRIEF by Jonathan Lynn Henery (Dominick, Thomas)

01/29/2015 163 NOTICE of Service by Jonathan Lynn Henery (Dominick, Thomas)

01/29/2015 164 MEMORANDUM DECISION AND ORDER. IT IS ORDERED: Government's First Motion in Limine 58 is Granted. Government's Second Motion in Limine 59 is Denied. Government's Third Motion in Limine 62 is Granted in part and Ruling is Reserved in part. Government's Fourth Motion in Limine 85 is Granted in part and Ruling is Reserved in part. Government's Fifth Motion in Limine 94 is Granted. Defendant Henery's First Motion in Limine 96 is Granted in part, DENIED in part, and Ruling is Reserved in part. Defendant Hansen's Motion for a Jury View 93 is Granted. Signed by Judge B. Lynn Winmill.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

01/29/2015 165 AMENDED MEMORANDUM DECISION AND ORDER re 164 MEMORANDUM DECISION AND ORDER as to Jonathan Lynn Henery and Beau Edward Hansen. (Notice sent to USM) IT IS ORDERED: Government's First Motion in Limine 58 is Granted. Government's Second Motion in Limine 59 is Denied. Government's Third Motion in Limine 62 is Granted in part and Ruling is Reserved in part. Government's Fourth Motion in Limine 85 is Granted in part and Ruling is Reserved in part. Government's Fifth Motion in Limine 94 is Granted. Defendant Henery's First Motion in Limine 96 is Granted in part, DENIED in part, and Ruling is Reserved in part. Defendant Hansen's Motion for a Jury View 93 is Denied. Signed by Judge B. Lynn Winmill.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

01/29/2015 166 Sealed Document Amended Witness List (Ackley, Mark)

01/29/2015 167 Sealed Document Re: 115 Witness List Amended (Lucoff, Aaron)

01/29/2015 168 MOTION Clarify Court's Order re 165 Order, Re: Defendant Henery's First Motion in Limine [Dkt 96] by Beau Edward Hansen. (Ackley, Mark) Modified on 1/30/2015 to seal document at attorney's request (st).

01/29/2015 169 SEALED MOTION. (st) (Entered: 01/30/2015)

01/30/2015 172 Sealed Document (st)

01/30/2015 173 Sealed Document (st)

01/30/2015 174 Sealed Document Re: 148 Exhibit List Amended Exhibit List (Ackley, Mark)

01/30/2015 175 Proposed Voir Dire by Beau Edward Hansen as to Jonathan Lynn Henery, Beau Edward Hansen (Ackley, Mark)

02/02/2015 176 Sealed Document Amended Exhibit List (Lucoff, Aaron)

02/02/2015 177 DOCKET ENTRY NOTICE OF HEARING as to Jonathan Lynn Henery and Beau Edward Hansen - The Jury Trial is scheduled to resume on 2/3/2015 at 8:30 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. Counsel shall be present at 8:00 AM. (Notice sent to USP & USM)(jlg)

02/02/2015 179 Sealed Minute Entry for proceedings held before Judge B. Lynn Winmill: SEALED Jury Selection as to Jonathan Lynn Henery and Beau Edward Hansen held on 2/2/2015. (Court Reporter Tammy Hohenleitner.) (jlg) (Entered: 02/03/2015)

02/02/2015 180 Minute Entry for proceedings held before Judge B. Lynn Winmill: Jury Trial - Day 1 (Jury Selection) as to Jonathan Lynn Henery and Beau Edward Hansen held on 2/2/2015. Jury selected. Trial to resume on 2/3/2015 at 8:30 a.m. (Court Reporter Tammy Hohenleitner.) (jlg) (Entered: 02/03/2015)

02/03/2015 178 Certificate of Service by USA as to Jonathan Lynn Henery, Beau Edward Hansen re 176 Sealed Document (Lucoff, Aaron)

02/03/2015 181 Minute Entry for proceedings held before Judge B. Lynn Winmill: Jury Trial - Day 2 as to Jonathan Lynn Henery and Beau Edward Hansen held on 2/3/2015. Jury Trial to resume on 2/4/2015 at 8:30 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. (Court Reporter Tammy Hohenleitner.) (jlg)

02/04/2015 183 Minute Entry for proceedings held before Judge B. Lynn Winmill: Jury Trial - Day 3 as to Jonathan Lynn Henery and Beau Edward Hansen held on 2/4/2015. Jury Trial to continue on 2/5/2015 at 9:30 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. (Court Reporter Tammy Hohenleitner.) (jlg)

02/04/2015 184 EXHIBIT LIST by Jonathan Lynn Henery (Dominick, Thomas)

02/05/2015 185 Minute Entry for proceedings held before Judge B. Lynn Winmill: Jury Trial - Day 4 as to Jonathan Lynn Henery and Beau Edward Hansen held on 2/5/2015. Jury Trial to continue on 2/6/2015 at 8:30 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. (Court Reporter Tammy Hohenleitner.) (jlg)

02/06/2015 186 Minute Entry for proceedings held before Judge B. Lynn Winmill: Jury Trial - Day 5 as to Jonathan Lynn Henery and Beau Edward Hansen held on 2/6/2015. Jury Trial to continue on 2/9/2015 at 8:30 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. (Court Reporter Tammy Hohenleitner.) (jlg)

02/09/2015 187 Minute Entry for proceedings held before Judge B. Lynn Winmill: Jury Trial - Day 6 as to Jonathan Lynn Henery and Beau Edward Hansen held on 2/9/2015. Jury Trial to continue on 2/10/2015 at 8:30 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. (Court Reporter Tammy Hohenleitner.) (jlg)

02/09/2015 188 Sealed Document (st) (Entered: 02/10/2015)

02/10/2015 189 Minute Entry for proceedings held before Judge B. Lynn Winmill: Jury Trial - Day 7 as to Jonathan Lynn Henery and Beau Edward Hansen held on 2/10/2015. Jury Trial to continue on 2/11/2015 at 8:30 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. (Court Reporter Tammy Hohenleitner.) (jlg)

02/11/2015 190 Minute Entry for proceedings held before Judge B. Lynn Winmill: Jury Trial - Day 8 as to Jonathan Lynn Henery and Beau Edward Hansen held on 2/11/2015. Jury Trial to continue on 2/12/2015 at 9:30 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. Counsel shall be present at 9:00 AM. (Court Reporter Tammy Hohenleitner.) (jlg)

02/12/2015 191 Minute Entry for proceedings held before Judge B. Lynn Winmill: Jury Trial - Day 9 as to Jonathan Lynn Henery and Beau Edward Hansen held on 2/12/2015. Jury to continue their deliberations on 2/13/2015 at 8:30 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. (Court Reporter Tammy Hohenleitner.) (jlg)

02/13/2015 192 Minute Entry for proceedings held before Judge B. Lynn Winmill: Jury Trial - Day 10 as to Jonathan Lynn Henery and Beau Edward Hansen held on 2/13/2015. Defendants found not guilty pursuant to a jury verdict. (Court Reporter Tammy Hohenleitner.) (jlg)

02/13/2015 193 Sealed Jury Instructions. (Attachments: # 1 Sealed Special Verdict Form)(st)

02/13/2015 194 Sealed Special Verdict Form. (st)

02/13/2015 195 Sealed Jury Note. (st)

02/13/2015 196 Sealed Amended Exhibit List. (st)

02/13/2015 197 Sealed Amended Exhibit List. (st)

02/13/2015 198 Sealed Amended Exhibit List (st)

02/13/2015 199 JUDGMENT OF ACQUITTAL as to Beau Edward Hansen (2), Count(s) 1, Defendant found not guilty. Defendant acquitted, discharged, and any bond exonerated. (Notice sent to USP and USM). Signed by Judge B. Lynn Winmill.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

02/13/2015 200 JUDGMENT OF ACQUITTAL as to Jonathan Lynn Henery (1), Count(s) 1, Defendant found not guilty. Defendant is acquitted, discharged, and any bond exonerated. (Notice sent to USP and USM). Signed by Judge B. Lynn Winmill.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

Outcome:
Not guilty
Plaintiff's Experts:
Defendant's Experts:
Comments: