. 130?99-03 . State of Montana, Plaintiff . vs Larry Dolezal, Defendant 'Ihis matter before the 0:1:th for jury trial. State present represented by Mark J. Murphy, Assistant Attorney General. Defendant present represented by Scott B. Spencer. In chambers prior to trial. Discussion was held concerning new3paper coverage and 5th Amendmt privileges of witnesses. Defense nor State intends to ask any questions pretaining to either. Court advises Counsel to avoid subject. 9:00 AM Court convened. Clerk calls roll of prospective jurors: Barbara Knutson, Charlene Martinez, Joan Coleman, Gordon Heeke, Betty Ruckdashal, Judy Jennison, Janos Eggehrecht, Richard Geiger, Jerry Curtis not present, Sharon Seaman, Orville Meek, Leonard Dubuque, Teri Anderson, Michael Dimuro not present, Clyde VonBargen, Gregory Dupuis, Vivian McDonald,- Monica Caye, Waldo Solonar, David Paul, Diane Michel, Alfred Salmy, Justin Pulse, Mary Ann Hansen, Tracy Fawbush, Charles Cheff, Andrea 'Ihcmas M'n?u'ka Kibler, Sharla 'I'alsma, J.L. Peel, Donald Adams, Jacqueline Macy, Willian'aoffee, Donna Perkins, Joel Gleason. Court introduces officers and'parties. Clerk adninisters Oath State ready for trial. Defense ready for trial. Clerk seats first four (24) prospective jurors. Clerk adr?nisters Oath 9:08 AM State voir dires prospective jurors. Sharon Scammn #9 excused for cause replaced by #25 Andrea ?utes;- 9:55 State passes prospective jurors for cause. Defense voir dires prOSpective jurors. Teri Anderson #12 excused for cause replaced by #26 Monika Kibler. 10:10 AM Defense passes prospective jurors for cause. Cburt takes 5 minute break. Jurors remain in place. 10:15 AM Court resumes. Perenptory challenges taken six (6) each. Clerk seats chosen jurors: Barbara Charlene Martinez, Joan Coleman, Gordon Heeke, Judy Jamison, James Eggehrecht, Andrea Thcmas, Leonard meme, Gregory Duplis, Waldo Solonar, Alfred SalWay, Tracy Fawbush. Carmel stipulate jurors duly seated. Clerk administers Oath Court thanks and dismisses remaining panel. 10:30 AM Court reads preljnu'nary instructions. 10:45 AM RECESS 11:05 AM Court reconvened with all jurors and parties present. State makes opening statements. 11:15 AM Defense reserves opening statements until case in chief. ?7'15339?303 . . . . Cross; State witness Crai sworn and testified. Witness steps dam and excused. State witness ice-M. and testified; St. Prop. Exh 4 marked for demstrative purposes. no obj.. adm. St. Prop. Ezh . 5 thru 38 marked. off.Ir no Obj'l adm- 11:55 AM um: Court admonishes jurors. 1:15 PM Court recionvened with all jurors and parties present. State witness Clarice previously sworn resumes stand: direct contJ'Jmes: St. Prop. Each..11.12.13 mar . off.. no adm. St. Prop. Exh. 1.2.47.3 marked. off. no obj.. adm. St. Prop._Exh. 40 thru 55 marked. off.. no obj. adm. St. Prop.'Exh'56 marked. off.. obj. adm. 2:05 PM Court and Counsel adjourn to chambers for point of record. Jurorsremain in place. 2:10 PM Court reconvened. Direct continues; cross: redirect: recross: witness steps down. St. witness "Coral sworn and te3tified: cross: redirect: recross; witness steps down and excused. 3:35 PM REXIESS 3:55 PM Court reconvened with all jurors and parties present. State witness -morn and testified: cross: witness steps down and excused. State witness 'Bil- 'ff sworn and testified; cross: redirect; witness steps dawn. State Wimess 3mm and testified; St. Prop. Exh. 57 marked. witt?ram; crosm: witness steps down and excused. 5:07 PM Court adjourned. admonishes jurors. TUESDAY MAY 18. 1999 8:48 AM In chambers with Counsel. Defendant and Rita Wiz?an. Rita Windom has been subpoened by State. If called to testify she will envoke the 5th Huer?nent unless granted prosecution. Discussion. State's evidence developed by prior testimony can be used by the State. not derived testimony today. Mr. Spencerrequests theCourtthe Statebe precluded frunmentiming the 5th before the jury. State replys she is obviously hostile. Court rules State cannot mention 9:00 AM Court convened with all jurors and parties present. State witness sworn and testified: cross; redirect; witness excused. State witness Rita Wm sworn-and testified: St. Prop. Exh . 59 thru 63. marked. off.. no obj.. cross: redirect; St. Prop. Exh. 64 marked not offered: recross: witness steps down and excused. 10:27 AM STATE RESTS CASE IN CHIEF $395303 0 0 In chambers out of hearing of jurors. Mr. Spencer moves to dismiss all counts as State has not produced any evidence. Mr. Spetmer moves for a mistrial. mart denies motion for a mstrial. State response on Motion to Dismiss; Defense responds. Court cannot find any position to support State's charges in Information. Court grants Motion to Dismiss. . 10:45 AM Court reconvened with all jurors and parties present. Court advises jurors case has been dismissed with prejudice. Court thanks and dismisses jurors. Done this 17th and 18th days of May, 1999 with the Honorable C. B. Hamil presiding. oc: Mark J. Katherine E. Pedersen Clerk District Court Scott B. Spencer By Dorla Overlin, Deputy C. B. mil. Judge Barbara Marshall, Courtreporter