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The prosecution rested their case Thursday, and the defense began theirs with examination of Sherronna Bishop. Colorado Free Press is back in the courtroom with live updates, captured below. Peters maintains that her actions were part of her official duties, while the state and local authorities claim she broke the law.
Note: CFP did not cover jury selection and opening statements on July 31.
4:23PM: Judge cites to indictment in his DENIAL of the Rule 29 (Directed Acquittal) motion on the two counts: Official Misconduct and Identity Theft. The parties will discuss jury instructions next.
4:18PM: Judge taking a few moments to review the arguments and standards.
4:17PM: "The can't change theories...their changing the thing of value." Cites pre trial meeting in June. Hartman claiming the Prosecution is moving the goal posts to a theory of the case that the defense did not prepare to defend against.
4:15PM: Prosecution theory of the benefit / harm is that the thing of value is the "Feather in her cap." Hartman is rebutting that the theory of value from the prosecution has shifted and that the passwords were the original thing of value.
4:14PM: Court asks the prosecution to address the identity theft charge and the specific value.
4:10PM: Hartman is now arguing Official Misconduct because of absence of criminal intent.
4:07PM: Hartman is reviving his rule 29 on two counts. Arguing Identity Theft charges now.
4:06PM: Jury exits. Jury will return at 9AM on Monday.
4:05PM: Back with live updates. Schroeder was not permitted to testify after all. Defense called Mark Cook to testify to the value of the passwords and technical specifics of the systems. After the afternoon break, Tina Peters stated that she will not testify due to her limitations in bringing her defense. The defense rests. Court instructs and dismisses the jury for the weekend. Counsel and Court will work on jury instructions this weekend. Closing arguments will be Monday morning, and deliberations will begin. Jury will have the case sometime before noon on Monday.
2:53PM: Parikh testified that the value of the passwords was non existent. Quick cross and redirect. He is released. Defense is now doing direct on Dallas Schroeder, former Elbert County Clerk.
2:37PM: Court returns and tells the jury we have made up time and may be back on schedule. Clay Parikh has taken the stand and Defense is attempting to qualify him as an expert. He has been qualified. Direct examination resumes.
2:20PM: Court ended that sidebar and took a quick break. Judge returned from quick break and asked for sidebar.
2:01PM: "This is exceedingly unusual. Can I have counsel approach so we can discuss this at the bench, please?" Sidebar.
2:00PM: Court is back and Tina Peters is asking the judge a few questions to determine whether or not she will testify. "I can't give you legal advice."
Court at lunch break. Updates will resume when court returns.
12:22PM: Side on scheduling after jury exits.
12:21PM: Court taking lunch break. Jury exits.
12:19PM: Questions from the jury for Mr. Cannon. Sidebar to agree to questions. "Is it possible that the conversations on the phones you took were deleted before you took possession of them?" "Yes it is."
12:17PM: Another sidebar.
12:12PM: Hartman is redirecting on James Cannon. Still about the Signal messages and what they show.
12:06PM: Correction - prosecution is on cross
12:05PM: Cannon was asked about whether or not Brown and Wood made misrepresentations to the prosecution and the Court based on the Signal messages. Prosecution is redirecting now to clean this up.
11:49AM: Hartman questions Cannon.
11:48AM: Not a Mesa County resident correct? "I lived in Garfield County." Bishop excused, subject to recall. Defense calls James Cannon.
11:47AM: In the Signal Chat (FF3), did Sandy Brown add herself to that chat? "I added her to that chat." Witness retracts her statement -- the exhibit says "Sandy Brown added Sandy Brown." Same exhibit, Belinda also added herself. Cross next.
11:45AM: Defense asking about the meeting with Dr. Frank and its purpose. "Were you in the room with the Trusted Build?" "No I was not." "Have you ever had access to the secure room?" "I've done a public tour but never other than that."
11:44AM: Questions from the jury. "Why were you in the meeting before the symposium if you didn't work there?" "I can't say which meeting is being referred to, but I worked in campaigns...when the elections were over it didn't seem right..." Objection, Sustained. "How do you not know a key card or sign in is needed? You were in the room." "I don't know what meeting you're referring to or what room. I have been in the building several times and did not need a key card to get in." "Can someone be added to a Signal chat without accepting or do they have to accept?" "I think it's both."
11:38AM: Questions from the jury. Sidebar to confirm acceptable questions.
11:07AM: The defense is now conducting redirect on Sherronna Bishop. During cross examination, the prosecution asked multiple questions about Jerry Wood's involvement in messages and activities at different times in question (May 2021 and August 2021).
10:46AM: Communications with Conan Hays appear to reveal the timeline for Hays' analysis was ETA beginning of August, a couple weeks before the Cyber Symposium.
10:42AM: Exhibit 71 is messages between Tina and other parties. In this exhibit, Tina states, "Me and my office are at your disposal." Additional communications between these parties are being explored with Bishop by the prosecution.
10:27AM: Cross examination of Sherronna Bishop continues.
10:26AM: Jury returns.
10:24AM: Prosecution asks the Court to take judicial notice that Kurt Olsen, counsel for Ms. Bishop, is not licensed to practice law in the State of Colorado. Objections about relevance. Not necessary for the jury. Is he licensed in the 10th Circuit? "I believe he is." Court takes notice but not going to present to the jury because it's irrelevant.
10:21AM: Parties are reassembling and court will get underway shortly. Prior to the break, the prosecution began laying foundation for Exhibit 71, and the defense stipulated to the exhibit. The prosecution seemed surprised and then excited. "Thank you counsel!" We will find out what Exhibit 71 is when court resumes, but sources in the courtroom state that the energy of the prosecution shifted during the break to, as it was described to CFP, "giddiness."
Court taking mid morning break.
10:05AM: Line of questioning critical of the Signal messages. Signal messages are a problem for prosecution as they contradict multiple witnesses' testimony. Line of questioning about Bishop's interactions with Kurt Olsen, Conan Hays, and Shawn Smith.
9:53AM: "You're making assumptions" that Sandy Brown knew Conan Hays. "Well, they're in a group chat talking."
9:45AM: Hostile back and forth between Bishop and the prosecution about the Signal messages and the events of May 2021.
9:30AM: Sherronna Bishop is now being cross examined. During direct, she showed that Sandy Brown was involved in the plan in May 2021. Brown previously testified that she had no idea who Conan Hays was until after August 2021.
9:00AM: Jury returns and Sherronna Bishop is recalled to the stand.
8:58AM: Back and forth discussion on whether to allow it. DA Rubenstein is opposed. Hartman continues to make his case. Prior legal expert is not available. "You had 8 months... This is not a problem of anyone's making except the defendant's... Will address this at another time."
8:55AM: Defense would like to call Professor David Clements to rebut the "legal expert" that was qualified by the court. Rebuttal witness, never been endorsed by the Defense. Judge asking questions now.
8:54AM: Defense has proposed edits to prosecution remedial instructions. Judge doesn't want to deal with it now. Contempt is on the table, "I expect my orders to be complied with."
8:53AM: Court is rebuking Hartman now with Supreme Court precedent. "I don't know if its a strategy or what it is, but asking questions that I've prohibited (repeatedly) in front of the jury...is troubling... And I'm trying to figure out what to do."
8:50AM: Judge: "We all agree that they're not crimes... there is no argument that they are crimes."
8:48AM: Court is back in session, and the prosecution is renewing their request to hold defense counsel in contempt, and to also provide a remedial jury instruction such that the jury cannot consider "election fraud" type stuff in their deliberation. Counsel Hartman is responding now.
Live updates will resume when court returns. Expected 8:30AM
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