USA v. Fuhrer et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
FILTHY FUHRER, ROY NAUGHTON,
GLEN BALDWIN, COLTER O’DELL,
and CRAIG KING,
Defendants.
Case No. 3:19-cr-00026-TMB-SAO
TRIAL PROCEDURE ORDER
Trial in this matter is set to begin on Monday, March 14, 2022, at 9:00 a.m. in Anchorage
Courtroom 2 before Judge Timothy M. Burgess. A Final Pretrial Conference is set for Friday,
March 4, 2022, at 2:30 p.m. in Anchorage Courtroom 2. This Order sets out procedures the Court
will impose during trial and resolves certain requests made by the parties in motions in limine.1
I. 	JURY SELECTION
The Court will hold two sessions per day during jury selection with 25 prospective jurors
at each session. The first session will begin at 9:00 a.m. and run until approximately 12:30 p.m.
The second session will begin at 1:30 p.m. and run until 5:00 p.m.
1 This Order resolves some but not all requests in Defendant Glen Baldwin’s Motions in Limine at
Docket 822 and fully resolves Defendant Craig King’s Fourth, Sixth, and Seventh Motions in
Limine at Dockets 889, 891, and 982 respectively. The Court will issue separate orders clarifying
the disposition of each of those motions.
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A. 	Peremptory Challenges
The Court grants each defendant two additional peremptory challenges to be exercised
individually.2 The Court will impanel six alternate jurors for this trial for a total of 18 jurors.
Accordingly, the Defendants will have 23 peremptory challenges: 13 to exercise jointly and 10
(two per defendant) individually.3 The Government will have nine peremptory challenges.4 The
parties will be required to exercise peremptory challenges at the end of each session during jury
selection, reserving any remaining challenges for subsequent sessions. In other words, if a party
wishes to use a peremptory challenge on a specific prospective juror, they must do so during the
session in which that juror is called.
B. 	Voir Dire
Counsel for each party will have 10 minutes to examine prospective jurors during each
session, i.e., 10 minutes for every 25 prospective jurors.5
II. 	TRIAL SCHEDULE
After a jury is selected, trial will run Monday through Thursday from 9:00 a.m. until
approximately 5:00 p.m. with a short break in the morning, an hour break for lunch, and a short
break in the afternoon.
2 See Fed. R. Crim. P. 24. Accordingly, the Court GRANTS in part Baldwin’s Motions in Limine
at Docket 822. See Dkt. 822 at 7; see also Dkt. 937 (Response to Baldwin’s Motions in Limine).
3 Fed. R. Crim. P. 24.
4 Id.
5 Accordingly, the Court GRANTS in part Baldwin’s Motions in Limine at Docket 822. See
Dkt. 822 at 2; see also Dkt. 937.
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III. 	WITNESSES, OPENING, AND CLOSING
A. 	Masking
The Court is currently evaluating whether it will require all individuals in the courtroom to
wear masks during trial. A final decision will be announced on the first day of trial. Whether or
not the Court requires masks, witnesses shall not wear masks while testifying and attorneys need
not wear masks while speaking.6
B. 	Notice of Witnesses
The parties shall notify each other the evening before each trial day of all witnesses they
intend to call the following day.7 The Government shall inform the United States Marshal Service
of any “security concerns involving some of the Government’s witnesses who are currently out of
district.”8
Beginning on Thursday, March 10, 2022, each party who expects to call witnesses the
following week shall provide to the United States Marshal Service designee every Thursday
during trial by 11:59 p.m. a tentative schedule listing the in-custody witnesses they intend to call
each day in the order the witnesses will be called.
C. Sequence of Witness Examination, Opening Statements, and Closing Arguments; Time
Allotted for Opening and Closing
The Court ORDERS the Defendants to (1) confer in advance of trial to determine the order
in which they will make opening statements if they intend to make opening statements and the
6 Accordingly, the Court GRANTS in part Baldwin’s Motions in Limine at Docket 822. See
Dkt. 822 at 3; see also Dkt. 937.
7 Accordingly, the Court GRANTS in part Baldwin’s Motions in Limine at Docket 822. See
Dkt. 822 at 1; see also Dkt. 937.
8 Dkt. 937 at 2.
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order in which they will cross-examine each witness and (2) file a joint notice with the Court on
or before March 10, 2022, outlining the sequence the Defendants plan to follow for any opening
statements and cross-examinations.9 The Court recognizes this sequence may change as needed
during trial.
D. Cross-Examination Generally
Each defendant may cross-examine each witness, as is their right.10 The parties shall not,
however, engage in repetitive or redundant lines of questioning. The parties should expect the
Court to “exercise reasonable control over the mode and order of examining witnesses and
presenting evidence so as to: (1) make those procedures effective for determining the truth;
(2) avoid wasting time; and (3) protect witnesses from harassment or undue embarrassment.”11
E. 	Scope of Witness Examination
Absent agreement among all parties as to the scope of examination for a particular witness,
counsel will not be permitted to cross-examine witnesses on matters outside the scope of the direct
examination and will instead be required to re-call witnesses.12 In the event the parties have
unanimously agreed to permit counsel to cross-examine a witness beyond the scope of the direct
examination, counsel may not ask leading questions of non-hostile witnesses.
9 If the Defendants cannot come to an agreement, they should so state in their filing. Absent
agreement among the Defendants, the Court will randomly assign the order before trial.
10 Accordingly, the Court GRANTS Defendant Craig King’s Sixth Motion in Limine at Docket
891. See generally Dkt. 891; see also Dkt. 945 (Non-Opposition to King’s Sixth Motion in Limine).
11 Fed. R. Evid. 611(a).
12 Accordingly, the Court DENIES in part Baldwin’s Motions in Limine at Docket 822. See Dkt.
822 at 2; see also Dkt. 937. The Court will address the remaining requests in Baldwin’s Motions
in Limine at Docket 822 in a separate order.
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The 	parties 	will 	not 	be 	permitted 	to 	re-cross-examine 	witnesses 	except 	in 	rare
circumstances in which new matters are introduced on re-direct and a party has failed to object.13
The parties are obligated to object if counsel attempts to elicit information on re-direct that
exceeds the scope of cross-examination.
The Defendants will have the opportunity to cross-examine all cooperating witnesses on
the benefits they have obtained, the benefits they seek, and potential charges bargained away in
exchange for their cooperation.14 As always, the Government may object if it believes a question
is improper.
IV. 	OBJECTIONS
An objection made by one defendant will be deemed an objection by all defendants who
do not expressly state otherwise. If a defendant disagrees with the basis for a co-defendant’s
objection or has an additional basis for the objection, they must so state on the record.
IT IS SO ORDERED.
Dated at Anchorage, Alaska, this 4th day of March, 2022.
/s/ Timothy M. Burgess
TIMOTHY M. BURGESS
UNITED STATES DISTRICT JUDGE
13 Accordingly, the Court GRANTS in part and DENIES in part King’s Fourth Motion in Limine
at Docket 889. See generally Dkt. 889; see also Dkt. 939 (Response to King’s Fourth Motion in
Limine).
14 Accordingly, the Court GRANTS King’s Seventh Motion in Limine at Docket 892. See
generally Dkt. 892; see also Dkt. 946 (Non-Opposition to King’s Seventh Motion in Limine). The
Court will address the Government’s Motions in Limine regarding the scope of questioning in a
separate order.
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