25. Minutes of the Court, April 13, 1984, U.S. v. Claiborne (Hoffman, J.) (filed April 13, 1984). 26. Order (setting schedule for retrial after mistrial and ordering retrial to commence on July 31, 1984, ordering that jury be sequestered and that court convene on Saturdays) U.S. v. Claiborne (Hoffman, J.) (filed April 13, 1984). 27. Order (denying defendant's motion for judicial recusal), U.S. v. Claiborne (Hoffman, J.) (signed April 27, 1984, erroneously dated "1983"). 28. Order (relating to procedures for retrial including use of exhibits, tests and witnesses, and disclosure of certain "statements" to defendant) U.S. v. Claiborne (Hoffman, J.) (signed May 3, 1984). 29. Order (relating to jurors), U.S. v. Claiborne (Hoffman, J.) (filed May 7, 1984). 30. Order (relating to defendant's motion for judicial recusal and to government's motion for temporary release of defense exhibit), U.S. v. Claiborne (Hoffman, J.) (filed May 21, 1984). 31. Order (relating to sequestration of the jury), U.S. v. Claiborne (Hoffman, J.) (filed June 11, 1984). 32. Memorandum and Order on Defendant's Exhibit No. 47 (granting the government's motion for temporary release of defendant's exhibit No. 47 for examination and necessary testing, but allowing defendant to make a copy of it and to have a representative present at the examination or tests and to be promptly informed of results), U.S. v. Claiborne (Hoffman, J.) (filed June 8, 1984). 33. Order (denying defendant's motion for continuance of the scheduled trial date of July 31, 1984), U.S. v. Claiborne (Hoffman, J.) (filed June 8, 1984). 34. Order (denying defendant's motion for an order that the juror's not be subjected to sequestration) U.S. v. Claiborne (Hoffman, J.) (filed June 18, 1984). 35. Order (denying defendant's motion for judicial recusal), U.S. v. Claiborne (Hoffman, J.) (filed June 22, 1984). 36. Government's Motion for Leave to Dismiss Counts (Counts One, Two, Three and Four of the Indictment), U.S. v. Claiborne (filed June 27, 1984). 37. U.S. v. Joseph Conforte, Criminal Action No. 83-0316 (D.D.C., filed June 27, 1984), Order (denying motion of Judge Harry E. Claiborne to vacate order sealing judicial records, noting that this record was unsealed by the Court on Dec. 15, 1983) (Smith, J.). 38. Order (granting the government's motion for leave to dismiss Counts One, Two, Three and Four, and assuming the dismissal is with prejudice to the government, and allowing John Squire Drendel, Esq., to serve as co-counsel if he will not testify for defendant), U.S. v. Claiborne (Hoffman, J.) (signed July 5, 1984). 39. Order (denying defendant's second supplement to motion for judicial recusal), U.S. v. Claiborne (Hoffman, J.) (filed July 10, 1984). 40. Order (granting government's motion for release of exhibits) U.S. v. Claiborne (Hoffman, J.) (filed July 27, 1984). 41. Memorandum Denying Defendant's Second Supplement to Motion for Judicial Recusal, U.S. v. Claiborne (Hoffman, J.) (filed July 27, 1984). 42. Order (denying (A) defendant's motion for (1) dismissal of all 43. Transcript of (Second) Trial and Related Trial Proceedings i. Transcript of Verdict, Vol. VII, Aug. 10, 1984, pp. 1274-90. INDEX OF EXHIBITS August 2, 1984 Admitted Identified Government's: 1 Form 1040 for 1977 for Harry E. Claiborne. 2 Form 1040 for 1978 for Harry E. Claiborne 3 Form 1040 for 1979 for Harry E. Claiborne 4 Form 4868, Application for Automatic Extension of Time for 1980 for Harry E. Claiborne 5 Form 1040 for 1980 for Harry E. Claiborne 6 Copy of nine checks from James Brown to Harry E. Claiborne during 1979. 7 Copy of two checks from James Brown to Harry E. Claiborne during 1980. 8 Copies of five letters from Annette Quintana to Harry E. Claiborne during 1979 9 Copy of five checks from Annette Quintana to Harry E. Claiborne during 1979. 10 Copy of a communication from Harry E. Claiborne to Jay Wright. 11 Copy of a check signed by George DeRoy to Harry E. Claiborne dated 8/15/80. 12 Memorandum prepared by George DeRoy dated August 18, 1980... 13 Copy of check from Peter Echeverria payable to Harry E. Claiborne dated December, 14 Copy of records from Caesar's Palance re Peter Echeverria's trip in 1979.. 15 Signature card for checking account of Harry E. Claiborne at Pioneer Citizen's Bank... 17 Copy of cashier's check and bank statement for the account of Harry E. Claiborne at 18 Copy of three checks, deposit slip and bank statement for the account of Harry E. 19 Copy of check, deposit slip and checking account statement for the account of Harry E. 20 Copy of check, deposit slip and bank statement for the account of Harry E. Claiborne at 21 Copy of a check, deposit slip and bank statement for the account of Harry E. Claiborne 22 Cash and sales record for Harry E. Claiborne for 1978. 23 Check register for Harry E. Claiborne for business account for 1978... 29 Three letters written to financial institutions by Jay Wright on behalf of Harry E. 159 32 Signature card for Harry E. Claiborne for account at First Interstate Bank..... 33 Deposit ticket dated 8/31/78 for $75,000 and bank statement dated 8/31/78 at First 34 Check in the amount of $76,443.16 dated 8/31/78, No. 144982, signed by Harry E. 35 Deposit ticket dated 8/13/80 for $1,778.30, check deposited in the amount of $888.30 361 364 365 36 Deposit ticket dated 11/24/80 for $7,451.19, check deposited in the amount of 367 37 Check in the amount of $20,817.59 dated 4/13/81, No. 1046, signed by Harry E. 367 370 377 38 U.S. Government tax refund check for $44,256 issued to Harry E. Claiborne on 7/24/81 .. 40 Financial Disclosure Report for 1979 filed May 17, 1980. 41 Letter Dated 8/12/81 from Judge Edward Tamm to Judge Harry E. Claiborne in re Defendant's exhibits: 2 Letter dated 5/16/81 from Harry E. Claiborne (Financial disclosure report for 1980, filed Government's: 5A Blowup of Exhibit 5. August 4, 1984 42 Chart for 1979 Income Tax Preparation.. 43 Chart for 1980 Income Tax Preparation.. Defendant's: 2 Letter dated 5/16/81 from Harry E. Claiborne. August 6, 1984 Government's: 47 Letter from Jerry Watson, Creative Tax Planning, to Judge Harry Claiborne, dated April 6, Defendant's: 47 Black Vinyl Pad with Yellow Paper 3 Report of Joanne L. Becker.... 41 Handwritten Legal Yellow Sheet.. 1 Letter to Jay Wright From Harry Claiborne dated 4/11/80.. 2-A Blow-Up of Defendant's Exhibit 1.... 797 797 762 778 861 861 48 Log Book of Joseph Wright dated Between 8/31/78 and 6/18/80 Other exhibits received by committee but not indexed by court reporter: Government's exhibits: 911 911 1055 1063 1155 45. Order (denying government's introduction of evidence-the transcript of the Richard Gordon sentencing by Judge Claiborneinto its case-in-chief, but reserving the question of possible other uses of the evidence), U.S. v. Claiborne, (Hoffman, J.) (signed Aug. 3, 1984). 46. Order (setting schedule for filing post-trial motions and for filing motion for assessment of costs, continuing defendant on personal recognizance bond until sentencing date of October 3, 1984, and ordering preparation of presentence report), U.S. v. Claiborne, (Hoffman, J.) (filed Aug. 24, 1984). U.S. 47. Claiborne v. U.S. [No. 83-1992] 105 S. Ct. 113 (1984), (denying petition for writ of certiorari) (denied Oct. 1, 1984) (case below, 727 F.2d 842, relating to pretrial motions). 48. Judgment and Probation/Commitment Order, U.S. v. Claiborne, (Hoffman, J.) (filed Oct. 3, 1984) (adjudging the defendant guilty as charged and convicted and ordering that the defendant be committed to the custody of the Attorney General for imprisonment for a period of two years and is ordered to pay a fine of $5,000 as to Count V; and under Count VI to serve two years concurrent to Count V and to pay a fine of $5,000. The sentences of confinement were imposed under Title 18 U.S.C., § 4205(b)(2)). 49. Notice of Appeal, U.S. v. Claiborne, (appeal by defendant to the U.S. Court of Appeals for the Ninth Circuit from the final judgment of conviction and sentence entered Oct. 3, 1984) (filed Oct. 3, 1984). 50. Opening Brief of Appellant, U.S. v. Claiborne, No. 84-1294 (9th Cir. dated Jan. 15, 1985) (D. Ct. No. CR-R-83-57-WEH). 51. Appellant's Excerpts of Record, U.S. v. Claiborne, No. 84-1294 (9th Cir., dated Jan. 15, 1985) (D. Ct. No. CR-R-83-57-WEH). 52. Brief of Appellee, U.S. v. Claiborne, No. 84-1294 (9th Cir., dated Feb. 12, 1985). 53. Appellee's Supplemental Excerpt of Record, U.S. v. Claiborne, No. 84-1294 (9th Cir., dated Feb. 12, 1985) (D. Ct. No. CR-R-83-57WEH). 54. Appellant's Reply Brief, U.S. v. Claiborne, No. 84-1294 (9th Cir., dated Feb. 26, 1985) (D. Ct. No. CR-R-83-57-WEH). 55. Order and Judgment (affirming conviction), U.S. v. Claiborne, No. 84-1294 (D.C. No. Cr. 83-57-WEH) (9th Cir., filed and entered July 8, 1985). 56. Opinion (affirming conviction), U.S. v. Claiborne, 765 F.2d 784 (9th Cir. 1985) (Circuit Judge Pell for himself, Lumbard, and McWilliams) (July 8, 1985). 57. U.S. v. Claiborne, No. 84-1294 (9th Cir. filed Dec. 10, 1985) (order of special panel, denying petition for rehearing and rejecting suggestion for rehearing en banc) [not in Committee's possession at this time] (Lumbard, Pell, and McWilliams, Circuit Judges). a. U.S. v. Claiborne, 781 F.2d 1325 (9th Cir. 1985) (Ferguson, Circuit Judge, dissenting) (Dec. 30, 1985). b. U.S. v. Claiborne, 781 F.2d 1327 (9th Cir. 1986) (Reinhardt, Circuit Judge, dissenting) (Jan. 30, 1986). c. U.S. v. Claiborne, 781 F.2d 1334 (9th Cir. 1986) (Pregerson, Circuit Judge, dissenting) (Feb. 10, 1986, as amended March 4, 1986). 58. Brief for the United States in Opposition [to petition for a writ of certiorari], Claiborne v. U.S., No. 85-1197 (U.S., filed March 1986). 59. Claiborne v. U.S., [No. 85-1197] U.S., 106 S. Ct. 1636 (1986) (denying petition for writ of certiorari) (decided April 21, 1986) (case below, 765 F.2d 784, relating to convictions on Counts V and VI). 60. Order List, U.S. Supreme Court, Claiborne, v. U.S., No. 851197, notice of denial of certiorari (April 21, 1986). 61. Mandate (affirming conviction and order and judgment of 9th Circuit of July 8, 1985) issued on April 29, 1986, by Ninth Circuit, U.S. v. Claiborne, No. 84-1294, and filed in D. Ct. D. Nev. on May 1, 1986. 62. Emergency En Banc Motion for Designation of Ninth Circuit Judge, In the Matter of Harry E. Claiborne, No. 84-1294 (9th Cir., filed May 2, 1986) (D. Ct. No. CR-R-83-57-WEH). 63. Emergency Petition for Stay of Execution, In the Matter of Harry E. Claiborne, No. 84-1294 (9th Cir., filed May 2, 1986) (D. Ct. No. ČR-R-83-57-WEH). 64. Motion to Stay Proceedings Pending Action By the_United States Court of Appeals for the Ninth Circuit on Motions Pending in that Court Affecting this Proceeding, U.S. v. Claiborne, No. CRR-83-57-WEH (D. Nev., filed on May 5, 1986). 65. Motion (1) to Vacate Judgment and Sentence; (2) for Evidentiary Hearing; and (3) for Discovery Proceedings, U.S. v. Claiborne, No. CR-R-83-57-WEH (D. Nev., filed on May 5, 1986). 66. Government's Opposition to Emergency Petition for Stay of Execution, U.S. v. Claiborne, No. 84-1294 (9th Cir., filed on May 7, 1986) (D. Ct. No. CR-R-83-57-WEH). 67. Government's Opposition to Petitioner's Emergency En Banc Motion for Designation of Ninth Circuit Judge, U.S. v. Claiborne, No. 84-1294 (9th Cir., filed on May 7, 1986) (D. Ct. No. CR-R-8357-WEH). 68. Motion for Disqualification of Government Counsel and for Order Directing Attorney General to Determine Whether Grounds Exist to Investigate Whether High Government Officials Have Committed Felonies That Warrant Appointment of Special Pros |