UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
MRS. BAIRD'S BAKERIES, INC.
Defendant.
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Criminal No. 3-95CR-294-R
Filed: 3/19/96
Violation: 15 U.S.C. § 1
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Addendum to Government's Response to
Defendant's Motions for New Trial and Acquittal
In its response to the Defendant's motion for acquittal and new trial,
the government specifically pointed out that the Court admitted the
tape recording between Stanley Oler and Steve Green without objection
by defense counsel, referring the Court to page 428 of the official
transcript. Referring to pages 642 and 643 of the transcript, the Defendant
claims that the tape recording was not admitted until after the record
was closed and over defense counsel's objection. See, Defendant's Reply
in Support of Motion for New Trial at page 4, n.3.
The Court should look to the trial transcript in order to resolve
its factual dispute. On February 7, 1996, the third day of trial, all
counsel met with the Court in chambers. At that time, the following
colloquy took place:
MR ROSENBERG: Second thing. I know the ladies and gentlemen of the
jury heard the tape yesterday. I thought I had asked the court to
move it in but I'm not sure now if I had asked you to move it in and
I'd like to do that. They've already heard it.
THE COURT: I thought that you did.
MR. ROSENBERG: I thought did I did too.
MR. EVANS: He really didn't, but now he's figured it out.
MR. SHAPIRO: I figured it out.
MR. EVANS: Okay.
MR. ROSENBERG: Duncan figured it out.
MR. WALLACE: We thought we had something going.
THE COURT: I am going to overrule the defendants' gotcha, and the
tape is admitted.
(TR III - 449, 450)
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Respectfully submitted,
_______________/s/________________
DUNCAN S. CURRIE
GARY I. ROSENBERG
DAVID B. SHAPIRO
Attorneys
U.S. Department of Justice
Antitrust Division
1601 Elm Street, Suite 4950
Dallas, Texas 75201-4717
(214) 655-2700
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CERTIFICATE OF SERVICE
This is to certify that true and correct copies of the foregoing Addendum
to Government's Response to Defendant's Motions for New Trial and Acquittal
was sent via facsimile on the 19th day of March 1996, to the following:
R. H. WALLACE, JR., ESQ.
Shannon, Gracey, Ratliff & Miller
1600 Bank One Tower
500 Throckmorton
Fort Worth, Texas 76102-3899
Fax: (817) 336-3735
MICHAEL L. DENGER, ESQ.
Gibson, Dunn & Crutcher
1050 Connecticut Avenue, N.W.
Washington, D.C. 20036-5306
Fax: (202) 955-8500
JON G. SHEPERD, ESQ.
Gibson, Dunn & Crutcher
1717 Main Street, Suite 5400
Dallas, Texas 75201-7390
Fax: (214) 698-3400
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_______________/s/________________
DUNCAN S. CURRIE
Attorney |
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