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Date: 02-26-2019

Case Style:

United States of America v. Jerry Drake Varnell

Case Number: 5:17-cr-00239-D

Judge: Timothy D. DeGiusti

Court: United States District Court for the Western District of Oklahoma (Oklahoma County)

Plaintiff's Attorney: Mark R. Stoneman and Matthew B. Dillon

Defendant's Attorney: Marna S. Franklin, Laura K. Deskin, Vicki Z. Behenna

Description:




Oklahoma City, OK - The United States of America charged Jerry Drake Varnell, age 25, with:

18:844(i)MALICIOUS ATTEMPTED DESTRUCTION OF PROPERTY USED IN AND AFFECTING INTERSTATE COMMERCE
(1)
18:844(i) MALICIOUS ATTEMPTED DESTRUCTION OF PROPERTY USED IN AND AFFECTING INTERSTATE COMMERCE
(1s)
18:2332a ATTEMPTED USE OF A WEAPON OF MASS DESTRUCTION
(2s)


The Government paid Brent Allen Elisen $23,000 to introduce the Defendant to the FBI which help him believe what he thought was a bomb but which would not work.

The Defendant's attorney claimed that he was schizophrenic and that he was entrapped.


02/07/2018 91 CERTIFICATE that due to the complexity of the representation required, the payment claimed is reasonable and necessary to provide counsel fair compensation for her services. (ks) (Entered: 02/07/2018)
02/09/2018 92 MARCH CRIMINAL TRIAL DOCKET: Docket Call set for 3/7/2018 02:00 PM in Courtroom 303 before Honorable Vicki Miles-LaGrange. Jury Trial set for 3/13/2018 09:00 AM in Courtroom 303 before Honorable Vicki Miles-LaGrange. (ks) (Entered: 02/09/2018)
02/12/2018 93 MINUTE ORDER as to Jerry Drake Varnell - Pursuant to Local Criminal Rule 30.1, the parties in this case shall file all requested jury instructions, supported by appropriate authority, by Tuesday, March 6, 2018. Any objections to the requested jury instructions shall be filed by Thursday, March 8, 2018. Signed by Honorable Vicki Miles-LaGrange on 2/12/2018. (ks) (Entered: 02/12/2018)
02/20/2018 95 UNOPPOSED MOTION to Continue Trial by Jerry Drake Varnell. (Attachments: # 1 Attachment Speedy Trial Waiver)(Franklin, Marna) (Entered: 02/20/2018)
02/23/2018 96 UNOPPOSED MOTION for Order for Destruction of Evidence by United States of America as to Jerry Drake Varnell. (Dillon, Matthew) (Entered: 02/23/2018)
02/26/2018 97 ORDER granting 95 defendant's motion for continuance, striking this case from the Court's March 2018 trial docket and resetting it on the Court's May 2018 trial docket (as more fully set out), as to Jerry Drake Varnell (1). Signed by Honorable Vicki Miles-LaGrange on 2/26/2018. (ks) Modified on 3/19/2018 to correct text (ks). (Entered: 02/26/2018)
02/26/2018 Set/Reset Hearings as to Jerry Drake Varnell: Jury Trial RESET on the May 2018 trial docket (5/8/2018 09:00 AM) in Courtroom 303 before Honorable Vicki Miles-LaGrange. (ks) (Entered: 02/26/2018)
02/26/2018 Terminate Deadlines and Hearings as to Jerry Drake Varnell: (ks) (Entered: 02/26/2018)
02/26/2018 98 ORDER granting 96 plaintiff's unopposed motion for destruction of evidence, as to Jerry Drake Varnell (1). Signed by Honorable Vicki Miles-LaGrange on 2/26/2018. (ks) (Entered: 02/26/2018)
03/05/2018 99 CJA 20 as to Jerry Drake Varnell: Authorization to Pay Franklin. Voucher # 0502280. Signed by Honorable Vicki Miles-LaGrange on 1/30/18. (kr) (Entered: 03/05/2018)
04/02/2018 101 MOTION to Suppress Facebook Search Warrant by Jerry Drake Varnell. (Attachments: # 1 Exhibit Application for Search Warrant, # 2 Exhibit Facebook post Brent Elisens, # 3 Exhibit Facebook post Injustice in Oklahoma Exposed, # 4 Exhibit CM-09-1542 Cleveland County Information, Affidavit, and plea of guilty, # 5 Exhibit Exhibit 1 of Doc 25, 10-cr-343-C, # 6 Exhibit 10-cr-343-c petition to enter plea of guilty, # 7 Exhibit 10-cr-343-C Doc 25 Government's Sentencing Memorandum, # 8 Exhibit oscn case details CF-10-75, # 9 Exhibit Plea of Guilty cf-10-75, cf-10-590, cf-10-1280, # 10 Exhibit report dated 6/6/2017, # 11 Exhibit Affidavit of Barry Black, # 12 Exhibit Transcription of Brent Elisens and the FBI, # 13 Exhibit copy of cd to be filed conventionally, # 14 Exhibit TextLock screenshots, # 15 Exhibit 3/9/2017 report, # 16 Exhibit 1/22/2018 report, # 17 Exhibit Facebook messenger conversation, # 18 Exhibit Facebook messenger conversation, # 19 Exhibit TextLock screenshot, # 20 Exhibit cd to be filed conventionally, # 21 Exhibit Transcription of 5/10/2017 contact, # 22 Exhibit Textlock screenshots, # 23 Exhibit Facebook messanger conversation)(Franklin, Marna) (Entered: 04/02/2018)
04/02/2018 103 NOTICE OF Conventional Filing Exhibit 17A and Exhibit 29 by Jerry Drake Varnell (Franklin, Marna) (Entered: 04/02/2018)
04/02/2018 104 MOTION to Suppress Search of 18631 E. 1220 Rd Sayre, Oklahoma by Jerry Drake Varnell. (Attachments: # 1 Exhibit Affidavit in Support of Application for Search Warrant)(Franklin, Marna) (Entered: 04/02/2018)
04/02/2018 105 MOTION for Hearing to Determine Admissibility of Government Exhibits and/or Testimony by Jerry Drake Varnell. (Attachments: # 1 Exhibit TextLock screenshots, # 2 Exhibit "Steven James" Facebook post, # 3 Exhibit "Jonathan Immoral Smith Facebook profile, # 4 Exhibit "Sixie Lbsonbadguise" Facebook post, # 5 Exhibit 1/18/2018 report Agent Larsen)(Franklin, Marna) (Entered: 04/02/2018)
04/02/2018 107 MOTION to Dismiss based on Destruction of Evidence by Jerry Drake Varnell. (Attachments: # 1 Exhibit 2/6/2017 Report by Martin and Schmitz, # 2 Exhibit 3/9/2017 Report by Schmitz, # 3 Exhibit 1/18/2018 Report by Larsen)(Franklin, Marna) (Entered: 04/02/2018)
04/02/2018 108 NOTICE OF Conventional Filing by Jerry Drake Varnell. Conventionally filed Exhibit 17A and 29 received by Clerks Office. (ac) (Entered: 04/02/2018)
04/02/2018 109 SUPPLEMENTAL MOTION to Suppress Facebook Search Warrant by Jerry Drake Varnell. (Franklin, Marna) (Entered: 04/02/2018)
04/02/2018 110 NOTICE OF Conventional Filing Exhibit 18 for Doc. 101 by Jerry Drake Varnell (Franklin, Marna) (Entered: 04/02/2018)
04/02/2018 111 MOTION for Order to Utilize Juror Questionnaire by Jerry Drake Varnell. (Attachments: # 1 Attachment Proposed Juror Questionnaire)(Franklin, Marna) (Entered: 04/02/2018)
04/02/2018 113 Conventionally filed exhibit 18 DOC 101 by Jerry Drake Varnell received in Clerk's Office (ac) (Entered: 04/03/2018)
04/06/2018 119 MAY CRIMINAL TRIAL DOCKET: Docket Call set for 5/2/2018 02:00 PM in Courtroom 303 before Honorable Vicki Miles-LaGrange. Jury Trial set for 5/8/2018 09:00 AM in Courtroom 303 before Honorable Vicki Miles-LaGrange. (ks) (Entered: 04/06/2018)
04/17/2018 121 SUPERSEDING INDICTMENT as to Jerry Drake Varnell (1) count(s) 1s, 2s. (Attachments: # 1 Criminal Cover Sheet) (ac) (Entered: 04/18/2018)
04/18/2018 122 NOTICE OF HEARING as to Jerry Drake Varnell. Arraignment set for 4/19/2018 03:00 PM in Courtroom 101 before Magistrate Judge Bernard M. Jones. (dwl) (Entered: 04/18/2018)
04/18/2018 123 AMENDED NOTICE OF HEARING as to Jerry Drake Varnell ~ Arraignment set for 4/23/2018 03:00 PM in Courtroom 201 before Magistrate Judge Gary M. Purcell. (dwl) (Entered: 04/18/2018)
04/19/2018 124 WAIVER of Speedy Trial by Jerry Drake Varnell (Franklin, Marna) (Entered: 04/19/2018)
04/20/2018 125 JOINT MOTION for Order Declaring Case a Complex Federal Criminal Matter, Extending Time to File Pre-Trial Motions and Responses, and to Continue Trial by United States of America as to Jerry Drake Varnell. (Attachments: # 1 Attachment Waiver of Speedy Trial)(Dillon, Matthew) (Entered: 04/20/2018)
04/23/2018 129 MINUTE ENTRY ~ for proceedings held before Magistrate Judge Gary M. Purcell:Arraignment as to Jerry Drake Varnell (1) Count 1,1s,2s held on 4/23/2018. Matt Dillon and Mark Stoneman appeared in for the Govt; Dft. appeared in the custody of the U.S. Marshal with court appointed counsel Marna Franklin. Plea entered by Jerry Drake Varnell Not Guilty All on counts. Jury Trial set for 5/8/2018 09:00 AM in Courtroom 304 before Honorable Vicki Miles-LaGrange. As stated on the record Dft. is detained per Detention Order previously entered. Dft. is remanded to the custody of the U.S. Marshal pending further proceedings. (dwl) (Entered: 04/23/2018)
04/24/2018 130 ORDER granting 125 the Joint Motion for Order Declaring Case a Complex Federal Criminal Matter, Extending Time to File Pre-Trial Motions and Responses, and to Continue Trial, striking this case from the Court's May 2018 jury trial docket, and resetting this matter on the Court's July 2018 jury trial docket. Additionally, the parties shall file all responses to the initial pre-trial motions on or before April 30, 2018. Further, the parties shall file any pre-trial motions related to Count 2 of the Superseding Indictment on or before May 14, 2018, and responses to these motions shall be filed on or before May 30, 2018. All proposed voir dire questions and jury instructions shall be filed on or before June 29, 2018. Signed by Honorable Vicki Miles-LaGrange on 4/24/2018. (ks) (Entered: 04/24/2018)
04/30/2018 131 RESPONSE to Motion by United States of America as to Jerry Drake Varnell re 105 MOTION for Hearing to Determine Admissibility of Government Exhibits and/or Testimony (Stoneman, Mark) (Entered: 04/30/2018)
04/30/2018 132 UNOPPOSED MOTION for Extension of Time by United States of America as to Jerry Drake Varnell. (Dillon, Matthew) (Entered: 04/30/2018)
04/30/2018 133 RESPONSE to Motion by United States of America as to Jerry Drake Varnell re 107 MOTION to Dismiss based on Destruction of Evidence (Stoneman, Mark) (Entered: 04/30/2018)
05/01/2018 134 ORDER granting 132 the government's Unopposed Motion for Extension of Time. The government shall file its responses to defendant's Motion to Suppress, and defendant's Motion for Order Utilizing Juror Questionnaire on or before May 9, 2018 (as more fully set out), as to Jerry Drake Varnell (1). Signed by Honorable Vicki Miles-LaGrange on 5/1/2018. (ks) (Entered: 05/01/2018)
05/02/2018 135 MOTION for Order Appointing Co-Counsel by Jerry Drake Varnell. (Franklin, Marna) (Entered: 05/02/2018)
05/03/2018 136 ORDER granting 135 defendant's counsel's Motion for Appointment of Co-Counsel and appointing Vicki Zemp Behenna as co-counsel for defendant Jerry Drake Varnell. Signed by Honorable Vicki Miles-LaGrange on 5/3/2018. (ks) (Entered: 05/03/2018)
05/07/2018 137 ENTRY OF ATTORNEY APPEARANCE: Vicki Z Behenna appearing for Jerry Drake Varnell (Behenna, Vicki) (Entered: 05/07/2018)
05/08/2018 138 CJA 20 as to Jerry Drake Varnell: Authorization to Pay Franklin. Voucher # 0568556. Signed by Honorable Vicki Miles-LaGrange on 5/7/18. (kr) (Entered: 05/08/2018)
05/08/2018 139 NOTICE of Change of Address by Laura K Deskin (Deskin, Laura) (Entered: 05/08/2018)
05/10/2018 140 RESPONSE to Motion by United States of America as to Jerry Drake Varnell re 104 MOTION to Suppress Search of 18631 E. 1220 Rd Sayre, Oklahoma, 101 MOTION to Suppress Facebook Search Warrant Combined (Attachments: # 1 Exhibit Facebook Search Warrant, # 2 Exhibit Facebook Screenshot, # 3 Exhibit Facebook Message BancFirst)(Dillon, Matthew) (Entered: 05/10/2018)
05/10/2018 141 RESPONSE to Motion by United States of America as to Jerry Drake Varnell re 111 MOTION for Order to Utilize Juror Questionnaire (Dillon, Matthew) (Entered: 05/10/2018)
05/17/2018 142 ORDER denying 101 defendant's Motion to Suppress Facebook Search Warrant and 104 defendant's Motion to Suppress Search Warrant of 18631 E. 1220 Rd., Sayre, Oklahoma (as more fully set out), as to Jerry Drake Varnell (1). Signed by Honorable Vicki Miles-LaGrange on 5/17/2018. (ks) (Entered: 05/17/2018)
05/18/2018 143 ORDER denying 107 defendant's Motion to Dismiss Based on Destruction of Evidence (as more fully set out), as to Jerry Drake Varnell (1). Signed by Honorable Vicki Miles-LaGrange on 5/18/2018. (ks) (Entered: 05/18/2018)
05/31/2018 145 MOTION for Leave to File Ex Parte Motion to Hire an Expert Consultant Under Seal by Jerry Drake Varnell. (Behenna, Vicki) (Entered: 05/31/2018)
06/01/2018 146 ORDER granting 145 Defendant's Motion to File Ex Parte Motion to Hire an Expert Consultant Under Seal, as to Jerry Drake Varnell. Signed by Honorable Vicki Miles-LaGrange on 6/1/2018. (ks) (Entered: 06/01/2018)
06/08/2018 148 CRIMINAL TRIAL DOCKET: Docket Call set for 6/27/2018 01:00 PM in Courtroom 303 before Honorable Vicki Miles-LaGrange. Jury Trial set for 7/10/2018 09:00 AM in Courtroom 303 before Honorable Vicki Miles-LaGrange. (ks) (Entered: 06/08/2018)
06/09/2018 149 MOTION for Leave to File Rule 12.2 Notice Late by Jerry Drake Varnell. (Franklin, Marna) (Entered: 06/09/2018)
06/11/2018 151 RESPONSE to Motion by United States of America as to Jerry Drake Varnell re 149 MOTION for Leave to File Rule 12.2 Notice Late (Stoneman, Mark) (Entered: 06/11/2018)
06/13/2018 152 ORDER granting 149 Defendant, Jerry Drake Varnell's Motion for Leave to File Rule 12.2(b) Notice Out of Time. Signed by Honorable Vicki Miles-LaGrange on 6/13/2018. (ks) (Entered: 06/13/2018)
06/13/2018 154 NOTICE of Expert Evidence of Mental Condition (Franklin, Marna) (Entered: 06/13/2018)
06/25/2018 155 MOTION to Compel Discovery by Jerry Drake Varnell. (Franklin, Marna) (Entered: 06/25/2018)
06/27/2018 156 JOINT MOTION to Continue Trial by United States of America as to Jerry Drake Varnell. (Stoneman, Mark) (Entered: 06/27/2018)
06/27/2018 157 ORDER granting 156 the parties' Joint Motion to Continue Trial, striking this case from the July 2018 trial docket, and resetting this case on the November 2018 trial docket. All proposed voir dire questions and jury instructions shall be filed on or before October 30, 2018 (as more fully set out), as to Jerry Drake Varnell (1). Signed by Honorable Vicki Miles-LaGrange on 6/27/2018. (ks) (Entered: 06/27/2018)
06/27/2018 Set/Reset Hearings as to Jerry Drake Varnell: Jury Trial reset for 11/6/2018 09:00 AM in Courtroom 304 before Honorable Vicki Miles-LaGrange. (ks) (Entered: 06/27/2018)
06/27/2018 Terminate Deadlines and Hearings as to Jerry Drake Varnell: (ks) (Entered: 06/27/2018)
07/03/2018 158 RESPONSE to Motion by United States of America as to Jerry Drake Varnell re 155 MOTION to Compel Discovery (Dillon, Matthew) (Entered: 07/03/2018)
07/23/2018 159 ORDER directing the defendant to file a reply to the government's response to 155 defendant's motion to compel discovery, no later than Friday, July 27, 2018, as to Jerry Drake Varnell. Signed by Honorable Vicki Miles-LaGrange on 7/23/2018. (ks) (Entered: 07/23/2018)
07/25/2018 160 UNOPPOSED MOTION for Extension of Time to file Reply by Jerry Drake Varnell. (Franklin, Marna) (Entered: 07/25/2018)
07/27/2018 161 ORDER GRANTS the motion 160 . Defendant shall file his reply no later than Friday, August 3, 2018.Signed by Honorable Vicki Miles-LaGrange on 7/27/18. (kmt) (Entered: 07/27/2018)
08/02/2018 162 REPLY by Defendant Jerry Drake Varnell re 158 Response to Motion (Attachments: # 1 Exhibit Affidavit from Investigator Wells, # 2 Exhibit thepyramidgroup Entrapment posting)(Franklin, Marna) (Entered: 08/02/2018)
08/13/2018 163 ORDER OF RECUSAL - Pursuant to 28 U.S.C. § 455, I recuse as the judge to whom this case is assigned. The Clerk of the Court is directed to return this case to the regular procedure for random selection so that a successor judge may be determined. Signed by Honorable Vicki Miles-LaGrange on 8/13/2018. (ks) (Entered: 08/13/2018)
08/13/2018 164 ORDER REASSIGNING CASE. Case reassigned to Honorable Timothy D. DeGiusti for all further proceedings. Signed by Honorable Vicki Miles-LaGrange on 8/13/2018. (ks) (Entered: 08/13/2018)
09/12/2018 167 ORDER re 155 MOTION to Compel Discovery filed by Jerry Drake Varnell. Hearing to be set by separate order. Signed by Honorable Timothy D. DeGiusti on 9/12/2018. (mb) (Entered: 09/12/2018)
09/12/2018 168 NOTICE OF HEARING ON MOTION in case as to Jerry Drake Varnell 155 : In Camera Hearing set for 10/2/2018 10:00 AM in Courtroom 503 before Honorable Timothy D. DeGiusti. (mb) (Entered: 09/12/2018)
10/02/2018 Set/Reset Hearings as to Jerry Drake Varnell: Jury Trial set for 11/7/2018 09:30 AM in Courtroom 503 before Honorable Timothy D. DeGiusti. (mb) (Entered: 10/02/2018)
10/02/2018 169 MINUTE ENTRY for proceedings held before Honorable Timothy D. DeGiusti:Motion Hearing as to Jerry Drake Varnell held on 10/2/2018 re 155 MOTION to Compel Discovery filed by Jerry Drake Varnell (Court Reporter Christy Clark.) (mb) (Entered: 10/02/2018)
11/01/2018 Set/Reset Hearings as to Jerry Drake Varnell: Jury Trial set for 2/12/2019 09:30 AM in Courtroom 503 before Honorable Timothy D. DeGiusti. (mb) (Entered: 11/01/2018)
11/19/2018 183 CJA 20 as to Jerry Drake Varnell: Authorization to Pay Franklin. Voucher # 0717435. Signed by Honorable Timothy D. DeGiusti on 11/19/18. (kr) (Entered: 11/21/2018)
12/11/2018 186 TRANSCRIPT REQUEST by Jerry Drake Varnell for proceedings held on 10-2-2018 before Judge DeGiusti. (Franklin, Marna) (Entered: 12/11/2018)
12/13/2018 189 CJA 20 as to Jerry Drake Varnell: Authorization to Pay Behenna. Voucher # 0686806. Signed by Honorable Timothy D. DeGiusti on 12/12/18. (kr) (Entered: 12/13/2018)
01/07/2019 192 MOTION for Leave to File Out of Time Defendant's Motion to Dismiss Counts in the Indictment or in the Alternative Motion to Have the United States Elect to Prosecute Defendant on Either Count One or Count Two, Due to Multiplicity of Counts by Jerry Drake Varnell. (Behenna, Vicki) (Entered: 01/07/2019)
01/08/2019 193 ORDER granting 192 Motion for Leave to File Out of Time Defendant's Motion to Dismiss Counts or in the Alternative Motion to United States to Elect to Prosecute Defendant on either Count 1 or Count 2 due to Multiplicity of Counts. Motion due 1/14/2019; Response due 1/21/2019. Signed by Honorable Timothy D. DeGiusti on 1/8/2019. (mb) (Entered: 01/08/2019)
01/09/2019 194 MOTION to Dismiss Counts in the Indictment or in the Alternative, Motion to have the United States Elect to Prosecute Defendant on Either Count One or Count Two due to Multiplicity of Counts and Brief in Support of Jerry Drake Varnell. by Jerry Drake Varnell. (Behenna, Vicki) (Entered: 01/09/2019)
01/11/2019 195 MOTION in Limine Fort Riley Bomb Test and Presence of Persons by Jerry Drake Varnell. (Attachments: # 1 Exhibit Black Report 6/26/2017, # 2 Exhibit Portion of Law Enforcement Operations Order 8/1/2017, # 3 Exhibit Black Report 8/16/2017, # 4 Exhibit Black Report 3/13/2018, # 5 Exhibit Portion of Lab No. 2017-03418-2)(Franklin, Marna) (Entered: 01/11/2019)
01/14/2019 196 SEALED TRANSCRIPT by Jerry Drake Varnell(cc) (Entered: 01/14/2019)
01/14/2019 197 SEALED RULE 5 PAPERWORK from New York (material witness). (cps) (Entered: 01/14/2019)
01/18/2019 199 CJA 24 as to Jerry Drake Varnell: Authorization to Pay Clark Voucher # 0758512. Signed by Honorable Timothy D. DeGiusti on 1/17/19. (nv) (Entered: 01/18/2019)
01/22/2019 201 RESPONSE to Motion by All Plaintiffs as to Jerry Drake Varnell re 194 MOTION to Dismiss Counts in the Indictment or in the Alternative, Motion to have the United States Elect to Prosecute Defendant on Either Count One or Count Two due to Multiplicity of Counts and Brief in Support of Jerry Drake Varnell. (Dillon, Matthew) (Entered: 01/22/2019)
01/22/2019 202 RESPONSE to Motion by United States of America as to Jerry Drake Varnell re 195 MOTION in Limine Fort Riley Bomb Test and Presence of Persons (Dillon, Matthew) (Entered: 01/22/2019)
01/23/2019 204 ORDER denying 111 Defendant's Motion for Order to Utilize Juror Questionnaire as to Jerry Drake Varnell (1). Signed by Honorable Timothy D. DeGiusti on 1/23/2019. (mb) Modified on 1/24/2019 (mb). (Entered: 01/23/2019)
01/30/2019 206 NOTICE OF HEARING as to Jerry Drake Varnell Pretrial Conference set for 2/7/2019 01:30 PM in Chambers before Honorable Timothy D. DeGiusti. (mb) (Entered: 01/30/2019)
01/31/2019 207 MOTION for Leave to File Dispositive Motion Out of Time by Jerry Drake Varnell. (Behenna, Vicki) (Entered: 01/31/2019)
02/01/2019 208 Proposed Voir Dire by Jerry Drake Varnell (Behenna, Vicki) (Entered: 02/01/2019)
02/01/2019 209 ORDER granting 207 Motion for Leave to File Dispositive Motion Out of Time as to Jerry Drake Varnell (1). Motion to Dismiss due on or before 2/4/2019; Gov't to Respond on or before 2/7/2019. Signed by Honorable Timothy D. DeGiusti on 2/1/2019. (mb) (Entered: 02/01/2019)
02/01/2019 210 ORDER denying 194 Motion to Dismiss Counts in the Indictment or in the Alternative Motion to have the U.S. to Elect to Prosecute Defendant on Either Count 1 or Count 2 due to Multiplicity of Counts as to Jerry Drake Varnell (1). Signed by Honorable Timothy D. DeGiusti on 2/1/2019. (mb) (Entered: 02/01/2019)
02/01/2019 211 Proposed Jury Instructions by Jerry Drake Varnell (Franklin, Marna) (Entered: 02/01/2019)
02/04/2019 212 MOTION to Dismiss the Superseding Indictment For Outrageous Government Conduct and Brief in Support by Jerry Drake Varnell. (Behenna, Vicki) (Entered: 02/04/2019)
02/05/2019 213 ORDER granting in part, denying in part and reserving in part 195 Defendant's Motion in Limine Regarding Fort Riley Bomb Test as to Jerry Drake Varnell (1). Signed by Honorable Timothy D. DeGiusti on 2/5/2019. (mb) (Entered: 02/05/2019)
02/05/2019 214 Proposed Jury Instructions by United States of America as to Jerry Drake Varnell (Dillon, Matthew) (Entered: 02/05/2019)
02/05/2019 215 Proposed Voir Dire by United States of America as to Jerry Drake Varnell (Dillon, Matthew) (Entered: 02/05/2019)
02/07/2019 218 RESPONSE to Motion by United States of America as to Jerry Drake Varnell re 212 MOTION to Dismiss the Superseding Indictment For Outrageous Government Conduct and Brief in Support (Stoneman, Mark) (Entered: 02/07/2019)
02/07/2019 219 ORDER denied in part and reserved in part 105 Defendant's Motion for Hearing to Determine Admissibility of Government Exhibits and/or Testimony as to Jerry Drake Varnell (1). Signed by Honorable Timothy D. DeGiusti on 2/7/2019. (mb) (Entered: 02/07/2019)
02/07/2019 220 OBJECTIONS re 211 Proposed Jury Instructions (Dillon, Matthew) (Entered: 02/07/2019)
02/08/2019 222 PRETRIAL CONFERENCE MEMORANDUM as to Jerry Drake Varnell. Signed by Honorable Timothy D. DeGiusti on 2/8/2019. (mb) (Entered: 02/08/2019)
02/11/2019 225 ORDER reserving ruling on 212 Motion to Dismiss as to Jerry Drake Varnell (1). Signed by Honorable Timothy D. DeGiusti on 2/11/2019. (mb) (Entered: 02/11/2019)
02/12/2019 228 MINUTE ENTRY for proceedings held before Honorable Timothy D. DeGiusti:Jury Trial as to Jerry Drake Varnell held on 2/12/2019 (Court Reporter Christy Clark.) (mb) (Entered: 02/12/2019)
02/13/2019 229 CJA 20 as to Jerry Drake Varnell: Authorization to Pay Franklin. Voucher # 0740946. Signed by Honorable Timothy D. DeGiusti on 02/13/19. (nv) (Entered: 02/13/2019)
02/13/2019 230 MINUTE ENTRY for proceedings held before Honorable Timothy D. DeGiusti:Jury Trial as to Jerry Drake Varnell held on 2/13/2019 (Court Reporter Christy Clark.) (mb) (Entered: 02/13/2019)
02/14/2019 Document unsealed as to Jerry Drake Varnell. 172 Warrant Issued (mb) (Entered: 02/14/2019)
02/14/2019 231 MINUTE ENTRY for proceedings held before Honorable Timothy D. DeGiusti:Jury Trial as to Jerry Drake Varnell held on 2/14/2019 (Court Reporter Christy Clark.) (mb) (Entered: 02/14/2019)
02/15/2019 232 ENTER ORDER releasing Material Witness from Custody re 172 Warrant Issued. Signed by Honorable Timothy D. DeGiusti on 2/15/2019. (mb) (Entered: 02/15/2019)
02/15/2019 233 MINUTE ENTRY for proceedings held before Honorable Timothy D. DeGiusti:Jury Trial as to Jerry Drake Varnell held on 2/15/2019 (Court Reporter Christy Clark.) (mb) (Entered: 02/15/2019)
02/19/2019 234 MINUTE ENTRY for proceedings held before Honorable Timothy D. DeGiusti:Jury Trial as to Jerry Drake Varnell held on 2/19/2019 (Court Reporter Christy Clark.) (mb) (Entered: 02/19/2019)
02/20/2019 235 MINUTE ENTRY for proceedings held before Honorable Timothy D. DeGiusti:Jury Trial as to Jerry Drake Varnell held on 2/20/2019 (Court Reporter Christy Clark.) (mb) (Entered: 02/20/2019)
02/21/2019 236 MINUTE ENTRY for proceedings held before Honorable Timothy D. DeGiusti:Jury Trial as to Jerry Drake Varnell held on 2/21/2019 (Court Reporter Christy Clark.) (mb) (Entered: 02/21/2019)
02/22/2019 239 MINUTE ENTRY for proceedings held before Honorable Timothy D. DeGiusti:Jury Trial as to Jerry Drake Varnell held on 2/22/2019 (Court Reporter Christy Clark.) (mb) (Main Document 239 replaced on 2/25/2019) (mb). (Entered: 02/25/2019)
02/24/2019 237 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Jerry Drake Varnell held on 2-12-19 before Judge DeGiusti. Court Reporter Christina L. Clark, Telephone number 405-609-5123. Transcript of: Government's Opening Statement Volume: I of I 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 3/18/2019. Redacted Transcript Deadline set for 3/27/2019. Release of Transcript Restriction set for 5/28/2019. (cc) (Entered: 02/24/2019)
02/24/2019 238 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Jerry Drake Varnell held on 2-12-19 before Judge DeGiusti. Court Reporter Christina L. Clark, Telephone number 405-609-5123. Transcript of: Defendant's Opening Statement Volume: I of I 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 3/18/2019. Redacted Transcript Deadline set for 3/27/2019. Release of Transcript Restriction set for 5/28/2019. (cc) (Entered: 02/24/2019)
02/25/2019 240 MINUTE ENTRY for proceedings held before Honorable Timothy D. DeGiusti:Jury Trial as to Jerry Drake Varnell held on 2/25/2019 (Court Reporter Christy Clark.) (mb) (Entered: 02/25/2019)
02/25/2019 241 Jury Instructions as to Jerry Drake Varnell (mb) (Entered: 02/25/2019)

Outcome: 02/25/2019 242 JURY VERDICT as to Jerry Drake Varnell (1) Guilty on Count 1s,2s. (mb) (Entered: 02/25/2019)
02/25/2019 243 COURT EXHIBIT (mb) (Entered: 02/25/2019)


Defendant faces life in prison when sentenced.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Comment: Something about this case does not smell right.



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