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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 07-cr-00462-JLK UNITED STATES OF AMERICA, Plaintiff, v. CORY VOORHIS, Defendant. __________________________________________________________ REPORTER'S PARTIAL TRANSCRIPT (Jury Trial Day 5) __________________________________________________________ Proceedings before the HONORABLE JOHN L. KANE, Senior Judge, United States District Court, for the District of Colorado, commencing at 9:24 a.m. on the 4th day of April, 2008, Alfred A. Arraj United States Courthouse, Denver, Colorado.



A P P E A R A N C E S FOR THE PLAINTIFF: JAMES C. ANDERSON and GREGORY A. PHILLIPS, U.S. Attorney's Office-Cheyenne, P.O. Box 668, Cheyenne, WY 82003-0668 FOR THE DEFENDANT: PATRICK L. RIDLEY, Ridley, McGreevy & Weisz, P.C., 303 16th St., Suite 200, Denver, CO 80202 WILLIAM L. TAYLOR and DANIELLE R. VOORHEES, Holland & Hart, LLP-Denver, P.O. Box 8749, 555 17th St., Suite 3200, Denver, CO 80201



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I N D E X WITNESSES: SPECIAL AGENT JEFFERY COPP CROSS-EXAMINATION (Continued) BY MR. TAYLOR REDIRECT EXAMINATION BY MR. PHILLIPS CATHERINE HOLTGREWE DIRECT EXAMINATION BY MR. PHILLIPS CROSS-EXAMINATION BY MR. TAYLOR REDIRECT EXAMINATION BY MR. PHILLIPS AGENT JUDITH JORDEN DIRECT EXAMINATION BY MR. PHILLIPS CROSS-EXAMINATION BY MR. RIDLEY REDIRECT EXAMINATION BY MR. PHILLIPS SPECIAL AGENT ANTHONY ROUCO DIRECT EXAMINATION BY MR. PHILLIPS CROSS-EXAMINATION BY MR. RIDLEY E X H I B I T S NO. ......................................... No. ......................................... REFUSED ADMITTED PAGE 567 618 626 638 647 647 657 718 733 746



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. TAYLOR: Q. A. Q. are on. Okay.



APRIL 4, 2008 (Proceedings commence at 9:24 a.m.) (The following is had in open court, outside the hearing and presence of the jury.) THE COURT: We had a juror stuck in traffic, that So the shoe is on the other



is the reason for the delay. foot. delays.



Maybe they won't be so upset with some of our



Let's bring in the jury. (The following is had in open court, in the hearing and presence of the jury.) THE COURT: You can tell it is Friday; the jeans



Go ahead. May it please the Court.



MR. TAYLOR:



SPECIAL AGENT JEFFERY COPP having been previously duly sworn, testified as follows: CROSS-EXAMINATION (Continued)



Good morning, Mr. Copp. Good morning. I think when we left off yesterday we were talking



about the creation of the Department of Homeland Security and the merger under Homeland Security of the former U.S. Customs Service and the former Immigration and

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Naturalization Service; is that correct? A. Q. That's correct. U.S. Customs Service, prior to the merger in March of



2003, was under the U.S. Department of Treasury; is that correct? A. Q. That's correct. And the Department of Immigration and Naturalization



Service was under the U.S. Department of Justice; correct? A. Q. That's correct. By executive order, the President merged those two



agencies into Immigration and Customs Enforcement; correct? A. Q. That's right. The commission of that agency is to enforce all of



the laws of the United States on immigration and customs exclusively; is that correct? A. Q. That's correct. I mean, to the exclusion of other agencies; is that



correct? A. We do have some cross jurisdictions with some of the



immigration laws with the DOJ entities. Q. Right. And those DOJ entities are, for example, the



Office of Immigration Review; is that correct? A. Right. Also the FBI has some of the smuggling



jurisdictions.

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Q.



All right.



And the Immigration Court, which is a



court specifically dedicated to processing immigration matters, still exists under the U.S. Department of Justice; isn't that correct? A. Q. That's correct. It is that the court that your agency lawyers go to



in order to prosecute cases where they are attempting to have immigration -- attempting to have criminal aliens deported; correct? A. Criminal aliens deported, from my understanding --



and I am not an expert on immigration law, but from what I understand, criminal cases go through the Federal Court under 1326 cases. Administrative deportation would go



through the Immigration Court. Q. Okay. So criminal cases would come to U.S. District



Courts and civil or administrative cases go to the Immigration Court; is that correct? A. Q. That is the way I understand it. That Court is across the street in the Federal Office



Building? A. Q. A. Q. Yes, sir. That is a justice department entity; is that correct? Right. That is where your lawyers go to try to get orders to



have people deported?

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A. Q.



That's correct. Strike that. That actually isn't quite accurate.



Deportation is an old term? A. Q. A. Q. A. Q. Right. New term is -Removal. -- removal. Right. Okay. And the merger of Customs and Immigration, So to get orders of removal?



again, it was not an easy process; correct? A. Q. No, it definitely was not. And it may have been ordered as of March of 2003, but



a true statement is that the regulatory framework, the Code of Federal Regulations' provisions to implement that decision were not in place in March of 2003; correct? A. Q. A. Q. Right. The step is still ongoing.



In fact, today that process is ongoing? Yes. And, in fact, some certain statutory changes have not



been made to make that happen as of March of 2003? A. Q. That is correct. Nonetheless, ICE was airborne as of March of 2003; is



that correct? A. Q. That's correct. And to torture an old Government phrase I know, it is

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kind of like building a 747 once it is already in the air? A. Q. Yes. Agent Copp, it is true that a number of policies that



should have regulated the work of agents for Immigration and Customs Enforcement, were not in place in September of 2006? A. Q. That's correct. Those included, for example, the Freedom of



Information Act policy? A. Q. That's correct. That wasn't issued until sometime in 2007; is that



correct? A. Q. A. Q. I don't know the date when it actually came out. It wasn't in place fall of '06? That's correct. In fact, only recently has the Chief Privacy Officer



for the Department of Homeland Security issued new guidance on implementation of the Privacy Act? A. Q. Right. Okay. I am not sure if it is out or still in draft. Have you gone to Immigration and Customs



Enforcement's website to look for it? A. Q. No, I have not. Okay. Would you know where to find it on the



website? A. After a considerable amount of surfing, I could

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probably find it, yeah. Q. Now, as a practical matter, the merger of these two



agency created supervision issues in the ranks of the troops that you are in command of; correct? A. As far as performance appraisals, that has been the



main issue. Q. And there are really two issues. There is



performance appraisals, then there is active supervision on active cases; correct? A. I am not sure I am getting what you mean. As far as



a group supervisor clearing that group, they supervise that group and the agency in that group. Q. Sure. As of September of 2006, the situation -- in



fact, the actual situation was that you had some agents who were reporting administratively to one group's supervisor while they may be reporting to another group supervisor for the purpose of specific cases? A. Q. Right. And in this case, in Mr. Voorhis' case, in the fall



of 2006, he was reporting to two different group supervisors, just like that? A. Q. That's right. Administratively, he was reporting to group



supervisor Kathy Edgell, who was in charge of the smuggling unit?

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A. Q. A. Q.



Right. Is that correct? That's correct. And in terms of the great majority of his case load,



he was actually reporting to Tony Rouco on immigration cases; correct? A. Q. Yes. Now, I would like to return, now that we have talked



about what the agency looks like, I would like to return to the effect of the plea bargaining practice you testified about yesterday, had on the ability of ICE to enforce immigration laws. We talked briefly about the different kinds of immigrants, different categories of immigrants that fall underneath the jurisdiction of ICE. If I could talk with



you now about what happens in the way of processing the cases once those people are in ICE custody. It is a true statement that ICE agents are assigned to various jails around the Denver metro area; is that correct? A. was. Q. Back in the fall of 2006; correct? And that had been At that time. Not at the present, but at the time it



true since before you became the Denver Special Agent in Charge?

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A. Q. A.



That's true. It was true back into 1998, '99, 2000? It is prior to the creation of ICE. It was prior --



it was that way prior to the merger with INS and Customs, when it was just INS. MR. TAYLOR: Madam reporter, I am going to slow



down for you, if that is all right. Q. (By MR. TAYLOR) So an agent or more than one agent



would be specifically assigned -- would report for duty at county jails in order to identify criminal aliens for potential deportation; is that right? A. Q. That's correct. And Mr. Voorhis was one of those agents; is that



correct? A. At some point there was a rotation we did through the



office. Q. A. Q. A. Q. He worked for 3 years at the Denver County Jail? I don't know for sure. Before your watch? Yeah. All right. And their job was to identify criminal



aliens so that they could put immigration detainers on them? A. Q. That's correct. Immigration holds?

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A. Q.



Yeah. The practical effect of that was that those people



would not be released from custody even if they made bond on their state criminal case? A. Q. That's correct. And if an immigration detainer was put on them, what



would happen after that? A. They would be held for us until the end of their



state charge, for whatever the determination was -- that was made on those charges. At that point, when they had a



determination, those people would be turned over to our holding facility, where they would be held until the immigration status was determined. Q. If a hold were not present, what would happen after



the state case was resolved? A. They would be allowed to bond out, and we were not They would be free to go back into



going to be notified. the community. Q.



Back into the community or to disappear; is that



correct? A. Q. That's correct. All right. And your agency received a substantial



amount of criticism from district attorney offices around the metro area for not coming to pick up aliens; is that correct?

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A. Q. A.



Yes, sir. Was it true that you were failing to pick up aliens? I think it was we were failing to be notified that



aliens were there. Q. All right. And so when notified, you took best



efforts? A. Yes. With the personnel resources we had, we did the



best we could. Q. Let's talk about personnel resource since you brought You don't have -- you don't have infinite



the subject up. resources -A. Q. No.



-- as an agency?



You get what Congress gives you in



terms of a budget? A. Q. That's right. And then you have to prioritize what you are going to



do; is that correct? A. Q. Yes. And you have to prioritize which aliens -- which



criminal aliens you are going to seek to have removed from the United States; correct? A. Q. Yes. Can you tell the jury, please, what that Who do you



prioritization is or was in October of 2006? focus your -DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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A.



Our target was the most violent convicted felons.



After that would be anyone that is involved in any type of a child pornography or sexual violation. Q. A. Q. Sexual predators? Right. Is there a name for the program under which those



people are targeted? A. Q. A. Operation Predator. Operation Predator. After that, it would be just the nature of the crime.



You know, that we prioritize it by the violation, itself. Q. All right. Would you prioritize that depending on



what they got convicted of or depending on what the facts were underlying the original charge? A. It was usually under the facts, because usually the



detainer was placed on what we found out to begin with; what they were charged with. As far as the removal



proceedings, I don't have a whole lot of knowledge of that because that would have been handled by our chief counsel and working with the agents on what they would recommend as far as -- to the immigration judge for removal. Q. I believe you testified yesterday that we should



really take that up with immigration counsel? A. Q. Yes. That is who I would go to.



Is Bonnie Brady one such attorney with your agency?

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A. Q.



Yes, she is. Mr. Copp, so it impacted -- this policy impacted who



you would target for an attempt to get a deportation or removal order? A. Q. A. Q. Yes. Did you want to -With our limited resources, yes. It would also, I take it, impact your ability to



detain those aliens without bond in immigration custody after they came to your custody; correct? A. We had issues with that because we only have -- at



that time we only had 300 beds for our -- with our three state area. At the time it would have been Montana So we could only hold so many



Wyoming and Colorado.



people in those 300 bed spaces. Q. In fact, the 300 bed space has space for a lot more Isn't it a



people than that; isn't it correct? 400-bed-plus facility? A. Q. I think it can go up to 365.



There are were times when your budget was so short



you simply couldn't fill all of the beds because you couldn't afford to feed those people? A. Actually, that is not my budget. That was -- we are



separate from the DRO, which is deportation and removal. Q. Deportation and Removal Operations?

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A.



Yeah.



I am sorry.



Deportation and Removal.



They They



are the ones who control the bed space, that budget. do the transportation for us. Q. A. Q.



And they are chronically underfunded, as are you? Yes. And, in fact, they have more physical beds than they



could afford to fill with immigration inmates? A. Right. Because he only gets so much money for so



many beds. Q. A. Q. You could house them, but couldn't feed them? Right. Back on your side of the fence. When your



immigration counsel would go to court and would request a bond, or request that those immigrants be held without bond, what effect did the offense of conviction that they actually pled guilty to have on the ability of your attorneys to get a no-bond hold? A. It helped if you had a serious violation to get a



no-bond with the Immigration Court. Q. If it wasn't a serious violation, what was the



effect? A. It was up to the immigration judge on how he



determined if he was going to set bond or set a lesser bond. Q. And on the -- we talked yesterday about the effect on

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the actual order of deportation or removal.



Assuming that



an alien had been ordered removed or had been directed to leave the country under their own power -- and that happens, too; correct? A. Q. Uh-huh. The policy impacted the deterrence to wrongful



re-entry that immigration had; isn't that correct? A. Q. Can you repeat that? This plea bargaining policy impacted your ability to



deter wrongful re-entry by people after they were deported? A. Q. That's correct. All right. And can you tell the jury, please, what



the impact was on your deterrent powers? A. If the individual accused of a crime was allowed to



plead down to a lesser crime, that didn't meet the threshold of our -- for formal deportation, all we could do is remove them from the country. There was no penalty



for them to return -- if they returned back to the United States illegally. They could return as many times as they



wanted to until we had had that formal deportation. Q. The penalty that they would suffer -- criminal



penalty that they would suffer if they came back after they were deported -A. Right.

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Q.



-- would vary with the severity of the charge they



pled to? A. Q. That's correct. And if somebody, for example, had pled to a violent



felony or, for example, a sexual offense against a child, what would the penalty be that they faced if they wrongfully came back into the United States? A. I don't know exactly. It is a felony. I don't know



the exact length of the penalty, it would be a 1326 charge through the Federal Court. So there would be a Federal



sentence to go along with that. Q. Okay. Would that person be facing the same penalty



as somebody who pled guilty to agricultural trespass? A. Q. No. Do you know the difference between the two penalties



that they would face? A. Q. No. Is that another subject we should take up with



Ms. Brady? A. Q. Yes. Mr. Copp, this was a significant problem for your



agency; is that correct? A. Q. Yes. And you learned about it as soon as you became the



Special Agent in Charge of Denver?

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A. Q. A. Q. A. Q. in? A.



It had been -- yes, a problem for years. It was a problem for your predecessor in that job? I believe so. And your predecessor was? Mike Comfort. Did you talk to Mr. Comfort about that when you came



Mike left shortly after the merger and went to



Chicago. Q. You didn't reach out to him to talk about the



problems he had suffered while here in Denver? A. Q. No. At that time we had enough merger issues going.



You had a pretty full plate just trying to knit these



agencies together? A. Q. That's right. You talked about this problem with your line agents;



correct? A. Q. A. Q. Yes. And with your counsel; is that correct? Yes. And you discussed with them possible ways to fix this



problem? A. It wasn't really I discussed or asked them to fix it.



They had their own ways that they were going to go about it to address it.

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Q.



And can you tell us what some of the ways they were



going to go about fixing it? A. I know our counsel had set up a training to go out to



all of the district attorneys and meet in conferences throughout the state, and pretty much inform them of what the -- what our issues were with them dropping charges and then just turning the people over to us and/or letting them plead to a lesser charge, what the consequences were as far as immigration work we could do. Q. A. Q. A. Did you go with them to do any of those activities? No, I did not. Did your group supervisors? Off the top of my head, I think I may have had one



of -- my ASAP may have gone to one, but I am not sure. Q. A. Who is that? It would have been Paul Maldonado, if anyone. And he



is an expert in the immigration side. Q. In immigration. And there is a reason that he has



expertise that you don't; is that correct? A. Q. A. Q. A. Q. Yes. You're informed in Legacy Customs? Yes. He is Legacy Immigration? Yes. So you would defer to the Legacy Immigration expert?

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A. Q. A.



Yes. We should ask Mr. Maldonado about that? It may not have been Paul, but I remember him talking It could have been a group supervisor, but that I am sorry, I can't give you an exact



about it.



was sometime ago. person. Q. All right.



Your people met with the district



attorneys; correct? A. Q. Yes. They met with them at Colorado District Attorneys'



Council meetings? A. Q. That is what I understand. They also sent trainers out to the annual convention



of the Colorado District Attorneys' Council; is that correct? A. Q. Yes. You know that there is a convention of all Deputy



District Attorneys and elected District Attorneys every fall -A. Q. A. Q. Yes. -- up in the mountains? Correct. And you sent trainers out to go teach at those



conferences? A. You have to remember, I am not the one sending them,

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because counsel does not work for me, they have their own -- they are another entity within ICE. This training It



that they were doing, they were doing on their own. wasn't me directing them to. Q. A. Q. So you weren't doing it? No. So counsel sent people out to train the deputy



district attorneys about immigration law? A. Q. Yes. And the significance of their plea bargains on



immigration? A. Q. Yes. You sent -- not only did you send people to where all



of the DAs were gathered annually, but you sent trainers -- I am sorry, "you" -- counsel's office sent trainers out to individual district attorney offices? A. Q. Yes. And one of those district attorney offices was the



Denver District Attorney's Office? A. Q. I believe so. You sent a lawyer -- I am sorry, "you" -- counsel



sent a trainer out to the DA's Office in 1997 and 1998 to conduct specific training on this issue? A. Q. I couldn't answer that. I don't know.



Did you send trainers out to police departments?

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A.



Actually, my agents went out -- we would go to



sheriff conventions and to the police -- chiefs of police conventions giving classes on this same issue, along with other stuff. This isn't the only reason we were there,



but this was part of it. Q. A. Q. A. It was a significant feature of those conversation? Correct. Did you personally speak with chiefs of police? I spoke at a sheriff convention in Grand Junction a



couple years ago. Q. And you spoke with members of Congress about this,



didn't you? A. We spoke with members of State -- of the State



Legislature. Q. All right. Did you not speak with Representative --



did you not speak with Representative Tom Tancredo about it? A. Q. A. Q. Yes. He visited your office? Several times. With his chief or director of research; is that



correct? A. Q. I am not sure what his title was. We will talk a little bit later about that meeting.



Did you speak with other members of Congress about this?

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A.



Off the top of my head -- I mean, I speak with Off the top of



members of Congress every once in awhile.



my head, I can't remember what issue we spoke to. Q. What was the net effect of all of those efforts to go



educate people about the significance of these fictitious plea agreements? A. I don't know if we had had a turn around or not, but



I think people are more informed of what our issues are, especially with ICE being new, some of the issues that we face. Q. Are you aware of a single instance where agricultural



trespass has been used as a plea deal since October of 2006? A. I can't give you a date. I know that it happened in



Alamosa 4 or 5 months ago, it seems like. Q. A. Q. Hasn't happened in Denver? Not that I am an aware of. Hasn't happened in any of the other Denver metro DA



offices; correct? A. Not that I am aware of. But I am not one of the I don't hear



agents out working -- picking people up.



this every day on what the charges are that agents are picking people up on. Q. A. You don't have any information it has occurred? No.

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Q.



Okay.



Let's talk about Cory Voorhis's job, if we



could.



You testified yesterday that he was an exemplary



agent; is that correct? A. Q. Yes. And he worked both sort of the Legacy Customs side of



the house and smuggling contraband side of the house; is that correct? A. Q. A. Q. A. Q. Yes, that's correct. That was Ms. Edgell's group -Yes. -- at least as of the fall of 2006? That's correct. He was transferred to that group in July of 2006;



correct? A. Q. I don't know off the top of my head. Okay. And he worked immigration cases -- a



considerable number of immigration cases for Mr. Rouco? A. That is why he was still answering to Mr. Rouco,



because he had one case that was extremely important to us that. Q. A. Q. What case was that? Castorena. Okay. Let's talk about that. Can you tell the jury



what that case is about? A. It was an investigation into a document -- fraudulent

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document production ring that was operating throughout the United States. Q. A. Q. ring? A. Q. A. Q. A. Q. A. The leader of the group was actually in Mexico. What is his name? Pedro Castorena. Where is Mr. Castorena right now? He is in jail here in Denver. And he was extradited from Mexico; is that correct? Yes. MR. PHILLIPS: Your Honor, I have let the first few Accordingly, I All right. Not just in Colorado?



That's correct. And where is the home base of that document fraud



go, but this is a pending investigation.



don't think it should be discussed in court. MR. TAYLOR: Your Honor, it is a pending Indictment



in the U.S. District Court. THE COURT: If there is an Indictment, it has been I have to rely upon one



published, he can talk about it. of you to tell me.



I have one saying it is an



investigation, another saying it is an Indictment. MR. TAYLOR: It is Indicted in U.S. District Court.



He was extradited from Mexico, Your Honor, during the pendency of this case.

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THE COURT:



The objection is overruled. Mr. Castorena was extradited from



(By MR. TAYLOR)



Mexico; is that correct? A. Q. That's correct. And can you tell the jury what process he was



extradited from Mexico? A. No, I can't off the top of my head. I will have to



go back and research. Q. A. Q. Do you know what a provisional arrest warrant is? Yes, I am sorry, a provisional arrest warrant. Can you tell the jury what a provisional arrest



warrant is? A. No, I cannot. I would have to go back and research



to see what it is. Q. Suffice it to say, it is -- would you agree with me



it is rather unusual for Mexico to extradite people to the United States? A. Q. Oh, yes, it is. And it was largely due to Mr. Voorhis' efforts that



that extradition occurred? MR. PHILLIPS: THE COURT: I object on relevance grounds. You're misusing the term



Overruled.



"extradite," I think. it would deport.



When you are asking about Mexico,



The United States would extradite. I think that is exactly correct, Your

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



MR. TAYLOR:



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Honor. THE COURT: Q. Thank you. The United States extradited



(By MR. TAYLOR)



Mr. Castorena to the U.S.? A. Q. A. Q. A. Q. That's correct. And Mexico cooperated with that extradition? Yes. That is extremely unusual? Yes, it is. The Castorena family is an organized crime family in



Mexico; correct? A. Q. A. Q. Yes, that's correct. Deep roots in the community there? From what I understand. And the organization that Mr. Castorena ran had cells



in numerous states in the United States? A. Q. A. Q. Yes. They set up clandestine document manufacturing labs? That's correct. More than a hundred indictments issued in that case;



is that correct? A. Off the top of my head, I don't know the exact



number, sir. Q. I ask you these questions, Mr. Copp, because that was



a very complex case?

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A. Q.



Yes, very complex. Mr. Voorhis was assigned to work on very complex



cases? A. Q. Yes, he was. And his position description required him to use



creativity and resourcefulness and unusual techniques in complex investigation? A. Q. Yes. If I could have you take a look at Defendant's It should be in the binder in front of you. And, Your Honor, if we may publish to



Exhibit C.



MR. TAYLOR:



the jury, that is in by stipulation. THE COURT: MR. TAYLOR: Yes. A moment, please, Your Honor. I



Would you blow up the top third of this screen? will proceed. later. THE COURT: Q. Fine. Perhaps we can fix the technical problem



(By MR. TAYLOR)



Mr. Copp, you have this document in



front of you? A. Q. A. Yes, I do. Is that Cory Voorhis' position description? It is a position description for a GS-13 Investigator It is a position description for a GS-13



for ICE.



Criminal Investigator for Immigration and Customs

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Enforcement. Q. A. Q. A. Q. That is a GS-1811-13 Criminal Investigator? That's correct. Did I leave any back slashes or strokes out? I don't know. All right. And that has been Mr. Voorhis' position



since at least May 8th of 2004, when it was stamped "Received," is that correct? A. Q. That's correct. And you were at this SAC Denver office as the SAC as



of that date? A. Q. That's correct. Can you tell me what opportunities you had to review



this document? A. Q. I saw this document last night. Okay. And prior to that when did you see the



document? A. Q. I haven't since then. Never before last night have you reviewed



Mr. Voorhis' position description? A. Q. No. Turn to page 2. If we would blow up the top, please.



By the way, this position description, Criminal Investigator GS-1811-13, that is not just Agent Voorhis' position, but that is a position description for a number

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of GS level 13 Criminal Investigators; is that correct? A. Any GS level 13 ICE agent, this would be a job



description for the position. Q. A. Q. How many of those folks do you have? Twenty. You never looked at the position description for



those agents until last night? A. Q. No. If I can direct your attention to the second Do you see where it reads, "Applies the full



sentence.



range of investigative knowledge, skills and abilities to conduct a variety of extremely complex, difficult, and sensitive anti-terrorist activities, and criminal investigations concerning violations of Immigration and Customs related laws." A. Q. ICE"? A. Q. Right. An his primary responsibility -- two of them, is to Yes. "And other laws in the United States enforced by Do you see that?



protect people, do you agree? A. Q. Yes. And to protect critical infrastructures in the United



States? A. That's correct.

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Q.



He is empowered under this position to investigate



unlawful acts arising from the movement of people and goods into and out of the U. S.? A. Q. A. Q. That's correct. And that means goods, like trade goods; correct? Yes, contraband. Contraband. Also means legal goods. For example,



technology that may have application -- applications for militant use? A. Q. A. Q. That are leaving the country. Export control and trade sanction laws? Yes. And Mr. Voorhis' primary duty, however, as of



September and October 2006, was immigration enforcement; that is, finding people who are not supposed to be in the United States and doing what was appropriate with them; is that correct? A. Q. That's correct. If we can go to the next page, please. Blow up the



first full paragraph and the next paragraph underneath. Agent Voorhis was specifically directed under this description to use a variety of techniques in his investigations; correct? A. Q. Yes. And that would include electronic surveillance and

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monitoring? A. Q. A. Q. A. Q. That's correct. Interrogation? Yes. Physical surveillance? Yes. Okay. That would require him to use paid informants;



is that correct? A. Q. A. Q. Yes. And to use unpaid informants? That's correct. To seek information from whatever source might be



necessary in order to permit him to perform his function; correct? A. Q. That's correct. Which was, as basic as can be stated, the removal of



criminal aliens from the United States? A. Q. Yes. And he was, in connection with these efforts,



directed to determine when and to what extent he should use any of those techniques; correct? A. Yes. Working with a supervisor and what available



technologies we had. Q. If you can look at the last sentence of that first



paragraph that is blown up, "Determines when and to what

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extent these techniques should be used"; correct? A. Q. A. Q. A. Q. Yes. Next paragraph, he may serve undercover; correct? Yes. He may work with undercover operatives? Yes. Okay. And his job is, at the end of the day, to



penetrate either terrorist or criminal groups, including ones that may be extending over a long period of time? A. Q. Yes. He's specifically charged with, directed to



investigate patterns of criminal conduct in violation of the U.S. immigration laws; is that correct? A. Q. Yes. And that would include conspiracies to obstruct the



operation of -- enforcement of immigration laws; is that correct? A. Q. That's correct. So if two or more people got together and agreed to



prevent the deportation of somebody, contrary to the U.S. law, Agent Voorhis would have specific authority under his job description to investigate that and to attempt to stop it? A. Q. Yes. Go to page 4 of the description.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



Bates 505315.



If



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we can blow up the last full paragraph.



The kinds of



assignments that Cory Voorhis received were different than, for example, the average street police officer; is that correct? A. Q. A. Q. Yes. He wasn't a traffic cop? No. He isn't told to go out in the community and just



watch for people who are violating the law and give them a ticket? A. Q. No. Right. He received broad instructions about his



mission objectives? A. Q. A. Q. Yes. And this paragraph 6 states that? Yes. "Receives assignment in terms of broadly defined SA" -- stands for special agent; is



mission objective. that correct? A. Q.



That's correct. -- "Special agents plan and carry out their work



independently, establishing priorities, setting deadlines, determining the scope and intensity of their efforts based on the needs and objectives of the agency"? A. Yes.

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Q. A. Q.



There are limits; correct? Yes. Those limitation are imposed by statute and



precedent? A. Q. A. Q. Yes. Resources available? Yes. And constraints imposed by time, geography and



criminal activity; correct? A. Q. Correct. One important constraint is not listed here; isn't



that correct, budget? A. Q. Yeah, that is always one. That was constraint that they all had; is that



correct? A. Q. A. Q. Yes. That is why you had to prioritize? Yes. All right. Now, it also says at the bottom of this



paragraph, he "Keeps the supervisor informed of investigative progress and potentially controversial matters"? A. Q. Correct. He is supposed to let people know if he is doing



something which is going to generate a controversy?

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A. Q.



That's correct. Let's go to the next page. If we could blow up the



three middle paragraphs from the "Complexity" factor down to the bottom of that third paragraph. That is fine.



And if I can direct your attention, Mr. Copp, to the top of the first paragraph. This position description



directed Mr. Voorhis he would be rated based on his performance. Am I correct, his performance to these



objectives; is that correct? A. Q. That's correct. And every year when he was rated, this position



description would be pulled up by his supervisors, and he would be graded against it? A. Q. That's correct. All right. He was to "apply a full range of criminal



investigative knowledge, skills, and abilities to resolve a variety of investigative or anti-terrorist assignments of broad scope, complexity and sensitivity"; correct? A. Q. Yes. Next paragraph. That was to include sensitive



investigations; correct? A. Q. Correct. That was to include investigation that could



potentially result in widespread news coverage and media interest?

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A. Q. A. Q.



Yes. It could result in congressional interest? Yes. In fact, Mr. Voorhis was specifically told, "Go



cultivate contacts with members of Congress"? A. I believe that is in the back of this. We encourage



all of our agents to have contacts with people in Congress, high-level business people in the community. Q. A. Q. That is further on in this description? Yes. We can wait until we get there. But, in reality, the



job that Mr. Voorhis was directed to go do was one that was specifically contemplated might result in public interest? A. Q. A. Q. A. Q. Yes. Congressional interest? Yes. Could result in the arrest of prominent suspects? Yes. And it involved a range of crimes, from simple



administrative deportations, persons who had not been convicted of crimes that were illegally here? A. Q. Yes. To the lead member of an international crime family,



such as Mr. Castorena; correct?

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A. Q.



Yes. All right. Next paragraph. Mr. Voorhis' job was to



make investigative decisions and to take actions that were specifically contemplated might set precedents; is that correct? A. Yes. We like our agents to be innovative and be able



to work on their own. Q. A. Q. A. Q. A. Q. A. Q. A. Q. And creative and resourceful? Yes. You encourage them to. Yes. You direct them to? Yes. Over time, Mr. Voorhis did just that? Yes. He did that on Castorena case? He was very talented. He did that out at the airport when he was assigned



there? A. I am not sure what his duties were -- what he



accomplished at the airport. Q. In fact, Mr. Voorhis, when he was out at the airport,



took advantage of a little utilized provision of customs law to require verification of identity on certain international travelers; isn't that correct?

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A. Q.



Yes. That was a case which did create a bunch of public



interest; is that correct? A. Q. Yes, it did. And, in fact, the airport was so interested that they



called your office and said, "Stop this man from doing what he is doing," didn't they? A. Q. A. Q. Yes. And you didn't stop him, did you? No, we did not. In fact, that activity, although it was subject to



public interest and media interest and great anger on the part of the Transportation and Security Administration, resulted in a model nationwide program? A. Right. They used what Cory was doing to set up a



model for the nation. Q. A. Q. And that is what he was supposed to do? Yes. As this position description said, he is to "use an



extremely high degree of originality and initiative because these investigations involved multi-state activities, international activities, and violators typically obtained very good legal advice and accounting advice"? A. Yes.

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Q.



Go to the next page, -- next paragraph, last Mr. Voorhis is specifically directed by his job



sentence.



description, that the results of the investigations that he conducts are supposed to constitute deterrence of future crimes and violations; right? A. Q. Uh-huh, yes. All right. And they are specifically contemplated to



lead to change in laws or future court actions. A. Q. A. Q. Yes. He is supposed to change the status quo? Yes. He is supposed to do that.



He is direct by his job description by a supervisor;



correct? A. Q. Yes. If we can last go back to -- sorry, page 505315, If you could blow up that



fourth page of the document. 2-4 paragraph at the bottom.



Middle of the paragraph, he is supposed to work independently, demonstrate initiative, use his creativity, because, and I quote, 6 lines above, "Even in those cases that involve deviations from established procedures or instructions, unfamiliar situations or unusual requirements," he is supposed to employ those meanings and make those decisions on his own initiative. that?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



Do you see



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A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A.



That's correct.



He is a senior agent.



And he had a consistent pattern of doing just that? I am sorry? He had a consistent pattern of doing just that? Yes. He was very talented.



He was consistently rated "outstanding"? Yes. That's correct. Yes. He is not now on active service; is that correct? That's correct. And that was your decision? It was a recommendation by the disciplinary review I was the decision maker -- final He was, in fact, an exemplary agent?



board and headquarters.



decision from the recommendation. Q. All right. You have previously testified in this



matter; is that correct? A. Q. A. Q. Yes. You testified on January 14th of 2008? Yes. During that proceeding, you testified that you were



not the decision maker? A. Q. Yes, that's correct. And you testified that you had recused yourself



months before from making that decision?

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A. Q. A. Q. A.



That's correct. Three days after that hearing you made that decision? Yes. And you assembled others to suspended him? That's correct. However, I had a misunderstanding



with our legal counsel when they told me that I could recuse myself, or they suggested I do so since I am a witness in this trial. I understood I was recused from I later



everything involving the issues with Mr. Voorhis.



learned they would not let me recuse myself from personnel issues, just any disciplinary actions that would come out at the end of this issue. Q. Now, Mr. Copp, the split between -- I am sorry, This case, you testified yesterday, has



excuse me.



generated a great deal of animosity, if you will, in your office; is that correct? A. Q. A. Q. Yes. And it has split the office? Yes. And can you tell us in what way it has split the



office? A. There are agents in the office who do not agree with And there are people



what Cory is alleged to have done.



in the office who are siding with Cory and understand what he did.

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Q.



And there are supervisors in your office who do not



believe the investigation has been conducted thoroughly; is that correct? A. Q. I don't know. One of those supervisors is former employee Kathy



Edgell; is that correct? A. her. Q. Kathy Edgell raised her concerns about the quality of I am not sure. She is retired. I have not talked to



this investigation with you? A. Not that I recall. MR. TAYLOR: THE COURT: Q. A moment, please, Your Honor. Yes. Are you saying you did not know that



(By MR. TAYLOR)



group supervisor Edgell had complained about the quality of the investigation in this case? A. Not this investigation. I think she has complained



about the internal affairs investigation that was going on, the way it was conducted right at the first. Q. A. Q. Office of Professional Responsibility? Right. That is the name of the internal affairs division



within ICE? A. Q. That's right. It is true, isn't it, she contacted Washington to

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complain about that? A. I don't know that she contacted Washington or not. I



am not aware of that. Q. You are saying you did not hear back from Washington



that she had complained? A. Q. A. Q. No, I have not. Not that I remember.



Ms. Edgell never talked to you about that? Not that she contacted Washington, no. You never talked to Ms. Edgell about the complaint



she lodged with Washington about this case? A. Not that I remember. MR. TAYLOR: Q. (By MR. TAYLOR) One moment, please, Your Honor. And it is true, isn't it, Mr. Copp,



that this case has chilled certain investigative activities? A. Q. I don't understand what you mean by that. You now have agents who are afraid to use the



database to investigate their cases? A. up. Q. A. Q. A. Q. That is because they don't know what the rules are? That is because what? They don't know what the rules are now? Right. It is kind of up in the air. Some of them are weary of what they can actually look



Mr. Copp, you testified yesterday that on October 16,

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you received a call from the Executive Director of the Colorado Bureau of Investigation; is that correct? A. Q. That's correct. And you knew when he called that he had publicly



announced that at the request of the Ritter Campaign he was commencing a criminal investigation? A. Q. Yes. And you knew that he was investigating potential



misuse, in his terms, of the CCIC/NCIC database; is that correct? A. Q. That's correct. In connection with the ad run by the Beauprez



Campaign? A. Q. Yes. So at the time that you spoke with him on Monday



morning, October 16th, you understood all of that? A. Q. Yes, I understood. And when you requested that Mr. Maldonado bring



Mr. Voorhis to your office, it was in order to answer the question posed by Mr. Cantwell; is that correct? A. Q. Yes. And the question he posed was why did Mr. Voorhis run



the database? A. Q. Yes. You sent Mr. Maldonado up to get him?

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A. Q.



Yes. Mr. Maldonado had a conversation with Mr. Voorhis



before he got to your office; correct? A. Q. A. Q. Not that I know of. Mr. Maldonado has not told you that? No. We went into that subject at the hearing previously



conducted in this matter. A. Q. Yes. And since that matter, you have not spoken with Agent



Maldonado -A. Q. No. -- to determine whether, in fact, he spoke with



Mr. Voorhis? A. Q. A. Q. A. Q. A. Q. No. Agent Maldonado brought him to your office? Yes. And you asked him a question? Yes. You asked him why he had run the name? Yes. And am I correct that you said yesterday that he had



received an anonymous call? A. Q. That's right. And what else did you say yesterday?

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A.



That's all I remember.



I asked him if he had



received an anonymous call -- I didn't ask him that, he asked me that. Q. A. I am sorry? I asked him why he ran the name. He told me he had



received an anonymous call. see if he could open a case. Q. A. Q.



He was running the name to



That is what you said yesterday? Yes. So you said yesterday he had received an anonymous



call and that he had wanted to run the name to see if he could open the case? A. Q. A. Right. What does it mean to "open the case"? Open an investigation to see if there is any



wrongdoing on the part of the person. Q. All right. And in order to determine whether to open



the case, one would have to investigate a lead; correct? A. Q. That's correct. And you can run NCIC if you want to in order to check



out a lead? A. Q. A. Q. That's correct. There is nothing wrong with that? No. In fact, it would be stupid to open a case if you

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didn't do something to check out whether a lead was good or bad? A. Sure. You want to build up as much background as you



can on the subject. Q. The words you used yesterday was "anonymous call".



That is the phrase you used? A. Q. That is what I recall. You previously testified in this matter, January 14th



of 2008? A. Q. Yes. You testified about this subject. You testified



under oath? A. Q. A. Q. A. Q. A. Q. Yes. The reporter here was reporting your words? Yes. Those proceedings were transcribed? Yes. You reviewed the transcript of those proceedings? Yes. When you testified on January 14th of 2008, you



didn't just say an "anonymous call", you used another term to characterize what Mr. Voorhis said about the source of his information; correct? A. Q. You would have to refresh my memory. Did you, in fact, say he had an anonymous -- quote

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"anonymous informant", closed quote? A. I think I corrected that. I said that. I corrected



that it was "anonymous call". Q. Please take a look at page 10, please, of Defendant's



Exhibit X. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. What was it? I believe it is defense Exhibit X, page 10. Okay. I will ask you if you could please look at line 19. Yes. Have you reviewed this transcript? I am sorry? Have you reviewed this transcript? Yes. You did that when you were preparing to testify? Yes. And the question on direct examination by



Mr. Phillips, do you recall that question? A. Q. Yes. At line 14. "Question: did do you next? Answer: I told him to leave my office. He left, He After Mr. Voorhis told you that, what



and Paul Maldonado followed him out of the office. came back 10, 15 seconds later.



I told Cory, I said,



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quote, listen, I just need to know why you ran the name. And he told me that he had an" -- and I quote, "an anonymous informant," closed quote. A. Q. Yes. And then immediately after you said, "I am sorry, he Do you see that term?



had an anonymous call"? A. Q. That's correct. You had previously testified under oath in this court



that he had an -- that Mr. Voorhis said he had an anonymous informant? A. But I corrected that. THE COURT: not impeachment. He corrected that, counsel. That is



We'll take -- it is not impeachment when It is not.



he corrects it immediately. MR. TAYLOR: statement. THE COURT:



He previously used the term in another



He may, but that is not an appropriate



means of impeaching a witness when he makes a statement and immediately corrects it. MR. TAYLOR: and go on. THE COURT: 15 minutes. care of. We are going to take a recess now for I will recede from that, Your Honor,



I have a wiretap proceeding I have to take



I think we will be through in 15 minutes.



(A break is taken from 10:17 a.m. until 10:36 a.m.)

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



615



1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q.



THE COURT: MR. TAYLOR:



Mr. Taylor, please continue. Thank you, Your Honor. Mr. Copp, you were interviewed in



(By MR. TAYLOR)



connection with the investigation in this matter on October 23, 2006; is that correct? A. Q. A. Q. A. Q. A. Q. That's correct. I am sorry, October 20, 2006; is that correct? That's correct. And where did that interview take place? In my office. Out at ICE? Yes, sir. You were interviewed by Special Agent Simkins from



the CBI? A. Q. A. Q. A. Q. I believe so. Correct? Yes. And by Special Agent Elvig of the FBI? That's correct. And they asked you about the statements that



Mr. Voorhis made to you on October 16; is that correct? A. Q. That's correct. And you told them at that -- during that interview



that Mr. Voorhis had received -- he told you he had received an anonymous call; correct?

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A. Q.



Correct . He told you also he had an informant; isn't that



correct? A. Q. I don't remember that. Would it refresh your recollection to look at the



report of that interview? A. Q. F? A. Q. you? A. Q. Yes. Can you look two-thirds of the way down the page, the F? F, as in fox trot. Do you have Exhibit F in front of Yes. Could you please take a look at Defendant's Exhibit



paragraph that begins, "Maldonado brought," and read that in silence. A. Q. Yes. Does that refresh your recollection that you told the



agents that Mr. Voorhis said, "also reported during this conversation he had an informant"? A. I remember him telling me he had an informant. This



is not a report -- I don't remember telling him that I had an informant -- that he had an informant. to ask the person who wrote this report. Q. So if Agent Simkins wrote that in the report or Agent

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



You would have



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Elvig wrote that in the report, that would an error? A. Q. A. Q. From what I remember, yes. Because you didn't tell them that? I don't remember telling them that, no. All right. Do you recall on October 16th speaking to



Mr. Cantwell? A. Q. Yes. And you called Mr. Cantwell back after you spoke with



Mr. Voorhis? A. Q. A. Q. A. Q. I believe so, yes. To report to him what Mr. Voorhis had said to you? Yes. In answer to your question? Yes. And what you told Mr. Copp was that Mr. Voorhis said I



he had a, quote, confidential informant, closed quote. am sorry, Mr. Cantwell.



You told Mr. Cantwell Mr. Voorhis



had said he had a confidential informant? A. I am sorry, that is a year-and-a-half ago. I can't



remember exactly what he said. Q. Take a look, please, at Defendant's Exhibit A? MR. PHILLIPS: Your Honor, again, we are trying to



impeach with other people's statement. MR. TAYLOR: remember. Your Honor, he said he did not



I am asking him whether -DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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THE COURT: is not impeachment. Q.



He can refresh his recollection. Go ahead. Look please at page 14. That



That



(By MR. TAYLOR)



document is Agent Simkins' summary report, Mr. Copp. that what you are looking at, Defendant's Exhibit A? A. I believe so. MR. PHILLIPS: MR. TAYLOR: THE WITNESS: (By MR. TAYLOR) What page, counsel?



Is



Page 14. Okay. Having read that, does that help



refresh your recollection about having used the term "confidential informant" to Mr. Cantwell? A. Q. No, it does not. I don't recall that.



If Simkins wrote that in her report, that would be in



error? A. I believe so. MR. TAYLOR: No further questions, Your Honor. One moment, Your Honor, please.



MR. PHILLIPS:



REDIRECT EXAMINATION BY MR. PHILLIPS: Q. Let's begin with something you spent some time on on



cross-examination, with, namely, Defendant's Exhibit C. If you could turn to that, please. A. Q. Okay. This is the document that sets forth the job

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description for a Criminal Investigator GS-13; is that correct? A. Q. That's correct. You're familiar with the allegations that are made as



part of this prosecution; is that correct? A. Q. Yes. And you are familiar that at least it is alleged that



if the Government says that Mr. Voorhis used an NCIC database to obtain information for a non-law enforcement purpose; is that correct? A. Q. That's correct. If that allegation were proved to be true, is there



anything in Defendant's Exhibit C that would authorize such conduct? A. Q. No. Turning to what is marked at the bottom left-half



corner as 4 of 6, if you turn to that factor 2-4, please "Supervisory Controls". A. Q. page. A. Q. What page number is that? It is the Bates number in the very bottom of the It is 505315. Okay. Do you see the last sentence of that paragraph,



factor 2-4? A. Yes.

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Q. A.



Could you read that? It says, "Keeps a supervisor informed of



investigative progress and potentially controversial matters." Q. Let me begin first with your own direct knowledge.



Did Agent Voorhis ever tell you before October 16, 2006, about any of this business with Walter Noel Ramo? A. Q. No. And did you learn from any of the other supervisors



on the line, whether it is your Assistant Special Agent in Charge Maldonado, or whether it is Ms. Edgell, as a direct supervisor, or Mr. Rouco, as a direct supervisor, that they had learned anything about Mr. Voorhis' efforts as to Walter Noel Ramo from him? MR. TAYLOR: THE COURT: THE WITNESS: Q. Objection, hearsay. Overruled. No. I was never told anything.



(By MR. PHILLIPS)



If you can turn now to the page



505317. A. Okay. MR. PHILLIPS: I need just one moment, please.



We'll come back to that in just a moment, please. Q. (By MR. PHILLIPS) This business about "anonymous



call" or "anonymous informant" or whatever, your testimony was that Agent Voorhis told you he had received an

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anonymous call; is that correct? A. Q. Yes, sir. And these reports that have been shown to you of what



other people have said or written, did you ever adopt any of those statements? A. Q. No. Were you ever given those statements and asked to



preview them and tell them of any errors that may be in them? MR. TAYLOR: THE COURT: Q. Objection, leading. It is. Sustained.



(By MR. PHILLIPS)



You testified on cross-examination When I



about the effect that this has had in your office.



say "this," being this whole matter involving Mr. Voorhis; correct? A. Q. Yes. Is it fair to say that there are a certain number of



agents within the office who are very loyal to Agent Voorhis? MR. TAYLOR: THE COURT: Q. Objection, leading. Sustained. What is the relationship amongst



(By MR. PHILLIPS)



special agents within an office such as ICE; are they friends? A. Yes.

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Q.



As a result of that friendship, how did they relate



to each other? MR. TAYLOR: THE COURT: THE WITNESS: become close-knit. Q. Objection, calls for speculation. Overruled. They become -- we're family. They



They do things after hours together. So separate and apart from the



(By MR. PHILLIPS)



right or wrong of anything that happened in this case, are there loyalties between agents? A. Q. Yes. You testified about there being uncertainty as far as Do you remember that?



use of databases. A. Q. Yes.



Could you please explain what you meant?



I am not



sure we got an explanation. A. Yes. Some of our new agents that have come on are



unsure as to what they should be doing as far as computer checks. They're nervous. We instituted an on-the-job



training program for those brand-new agents -- we have instituted an on-the-job training program in our office, and I think that will address most of these issues, as far as how our brand new agents can use databases. Q. And as to the specific allegations in this case, what



sort of confusion has that caused, if any? A. I think it's -- people are nervous.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



They don't want



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to get caught up in running something on the computer that they shouldn't. The training that is offered, when you --



it is an ongoing training that you get every so often when you are given access to our databases, clears up most of that -- of those issues and what can be run and what can't be run. Q. As far as management goes, such as yourself or your



assistants or other people that you rely upon, has there been any wavering -- I think that might have been a word that was used -- or weariness about using NCIC for non-law enforcement purposes? A. Q. I am sorry, can you repeat that? Is there any uncertainty amongst the agents, as far



as you know being the supervisor, as to their being disallowed from using NCIC for non-law enforcement purposes? A. Q. No. You testified on cross-examination about various



efforts that have been made to help educate state district attorneys as to consequences of pleas on later immigration action; is that correct? A. Q. Yes. Did they talk back to you as far as telling you what



their concerns were and what their limits were in terms of being able to help?

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A.



I actually wasn't part of the training, so I can't You would have to take that up with one of



answer that.



my chief counsel. Q. As part of your discussion, and as part of your being



a supervisor, are you aware of the case load; the number of defendants that run through a various system such as, say, former District Attorney Ritter had? A. Q. No. You were pointed to one portion of your statement



earlier by Mr. Taylor, your sworn testimony that occurred as reflected in Defendant's Exhibit X. Would you turn to that exhibit. could turn to page 22, please. A. Q. Okay. Looking at line 14, you were asked this question at a Do you see that?



Specifically, if you



different stage in this proceeding and different person asking you. "And what did you ask him?" that. A. Q. Yes. And you responded: "I said, I just need to know why you ran the name? Question: answered? Answer: He answered, yeah.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



On line 14, do you see



And when you asked him that question, he



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Question:



And what did he" -- then there is a It reads, "and what



misstatement within the transcript.



did he the tell you," which I presume should be "them", is that right? A. Then what is your answer?



"He told me he got an anonymous call, and he was



looking at the name to see if he could open a case on it." Q. You've also testified about this uneasy marriage or



forced marriage between Customs and Immigration; is that right? A. Q. Yes. And what that essentially brought was two fields of



expertise; Customs and Immigration together; is that right? A. Q. A. Q. That's correct. And what was your area of expertise? Customs. Now, at your level of decision, being the top guy



over four states, are you required to make all of the small decisions on small matters? A. Q. No. And if you are confronted with, at your level of



decision, needing information as to either immigration law or any other matter, what do you do? A. I would go to a subject matter expert and have them



explain it to me so I could understand.

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Q. A. Q. A.



Is that their job to provide you that information? Yes. And is it your job to ask for that information? Yes. MR. PHILLIPS: Your Honor, if I might just have one



moment? THE COURT: Yes. Nothing further, Your Honor. You may stand down, sir.



MR. PHILLIPS: THE COURT:



Thank you.



Next witness, please. MR. PHILLIPS: THE COURT: MR. TAYLOR: May the witness be excused?



Any objection? No objection, Your Honor. Your Honor, the United States next



MR. PHILLIPS:



calls Catherine Holtgrewe. COURTROOM DEPUTY: Raise your right hand.



CATHERINE HOLTGREWE having been first duly sworn, testified as follows: COURTROOM DEPUTY: Please be seated.



State your full name for the record, and spell your last name. THE WITNESS: H-O-L-T-G-R-E-W-E. DIRECT EXAMINATION BY MR. PHILLIPS:

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



Catherine Holtgrewe,



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Q. A. Q. A.



Ms. Holtgrewe, what is your city of residence? Englewood, Colorado. What are you presently doing for a living? I am working on a couple different political



campaigns. THE COURT: to the microphone. We are going to ask you to sit closer We are having some technical So if you can speak Pretend you



difficulties, is the euphemism used.



right into the mic so everyone can hear you. are at a Broncos game. THE WITNESS: THE COURT: Okay. All right.



MR. PHILLIPS:



If it helps to move the microphone



toward you, please do so. THE WITNESS: MR. PHILLIPS: Q. 2006? A. Q. A. Q. A. Q. A. The Beauprez for Governor gubernatorial campaign. What was your position there? I was the assistant to the campaign manager. Who were you reporting directly to? John Marshall. And what was his position? He was the campaign manager.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



Is that better? Yes, thank you. Where were you employed in August



(By MR. PHILLIPS)



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Q.



What were your duties as the assistant,



Ms. Holtgrewe? A. I helped him with press relations. I did research



with him.



I helped coordinate the candidate's schedule.



A variety of tasks that kind of came with the territory, came with the campaign. Q. A. How long had you had that position paid? I was a paid staffer starting in February of 2006, as Then sometime in the



the volunteer effort coordinator.



summer I switched over to it being John's assistant. Q. Please describe for the jury what you would see if



you walked into that campaign headquarters? A. There was a door that led into a reception area, the In there was usually always the volunteer Then there was a second door that you went



front door.



receptionist.



through to the office area with staff and interns and volunteers and the people. that door. Q. And this being a campaign office, were there signs My desk was right there at



proclaiming who was running for what? A. Yes. There is a sign that said "Bob Beauprez for



Governor" in the front. Q. A. Any literature, pamphlets? Uh-huh. There is literature displayed on the table



in the front reception area.

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Q.



And were you in a position in the office where you



could see the traffic; who would come in, who would come out? A. Q. Uh-huh. How many people, say, in the course of an hour, would



go through the office? A. I don't know. It really depended on the time of day



and the date, itself. Q. Okay. The purpose for people coming into the office,



did some want to volunteer and help? A. Q. A. Uh-huh. What sort of task were they assigned? They would help put stuff -- stuff mailings. They



would make phone calls. signs. Q.



They would put together yard



Put together signs.



When you say "signs," you are talking about yard



signs? A. Q. A. Q. Uh-huh. So were those also in the office? Uh-huh. Can you describe for the jury what the official or



the one that was used most often, what that sign looked like; color or something? A. Q. I don't remember specifically, but it was blue. You have seen too many since then?

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A. Q.



Yeah. And if someone were to come into the office and say,



I would like to put a yard sign in my yard, would a yard sign be provided from the office? A. Q. Yes. Let me broaden it. Walter Noel Ramo. Are you



familiar with that name? A. Q. A. Q. ad? A. I did some research with John -- under John's I am. How are you familiar with that name? We created a campaign ad about him. Okay. What was your role in creating that campaign



direction, and I read his information about him. Q. A. Q. "John," being John Marshall? John Marshall, yeah. Did you receive a stack of files and, if so, what was



your job with respect to that? A. We did receive a stack of case files. And I read



through them and highlighted, took notes. Q. Could you turn to the exhibit in the Government's



book that is marked 204. MR. PHILLIPS: Apparently we are experiencing



technical difficulties, Your Honor. THE COURT: There is a lot of gremlins in this

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courtroom today. MR. PHILLIPS: than help. Q. (By MR. PHILLIPS) Have you ever seen that document That is probably more distraction



before? A. Q. be? A. This was a document that I actually created after I have. And describe for the jury how that document came to



looking at some of the case files with people -- names of interest that we found looking through them. Q. Who were the people responsible for sorting out the



files and coming up with those names that you see on Government Exhibit 204? A. Q. John Marshall and myself. And as a part of figuring out which names would go on What were you



this list, what were the considerations? looking for? A.



We were looking for anything that stuck out to us in



their case file; Hispanic surnames, whether some case files had immigration status listed or cited some place in it. If it was noted that they used an interpreter.



Sometimes it stated that the driver's license didn't match. A lot of times there were -- a single name was



said but several aliases.

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Q.



What was your understanding as far as the overall What was the end



broad purpose in doing all of this work? product? A.



We were looking specifically to see what cases -- the



original charge on for these cases, and then what it was pled down to. Q. A. We were looking for agricultural trespass.



Why were you going to all of that trouble? Because John had told me that there was information



that Governor Ritter, at the time that he was the Denver District Attorney, had specifically and repeatedly pled down cases to this agricultural trespassing. looking to uncover that. Q. Did you ever come to an understanding that the So we were



information would be used as part of an advertisement? A. Q. list. A. Q. A. Q. At some point that was discussed, but -There is some highlighted names on this particular Do you see those? Uh-huh. Do you know who highlighted those names? I don't remember. All right. Agent Cory Voorhis, did you come upon him



as part of this effort? A. Q. We did. Do you see him in court today? Would you recognize



him if you saw him?

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A. Q. A. Q. A.



I would. Describe him briefly? White male, tall. By clothing here in court today; color of tie? Blue. MR. PHILLIPS: Your Honor, may the record



reflect -THE COURT: Yes, it will reflect. It is easier to If you want to



identify him with a goatee and mustache. say blue tie, it's okay. Q. (By MR. PHILLIPS)



When is the first time that you



met Agent Voorhis? A. I don't remember specifically, but I remember --



remember, but I don't remember when specifically. Q. Government Exhibit 204, did you ever take that to



Agent Voorhis? A. Q. A. I did. Describe for the jury the circumstances, please. I took this list that had been printed, and I met him



in a coffee shop and gave him the list. Q. A. Q. Who told you to go over there? John Marshall. And once you were there, what did you and Agent



Voorhis talk about? A. I don't remember specifics. I remember giving him



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the list and asking him if he could look at it.



I don't



remember much of the specifics of that conversation, though, anymore. Q. Do you remember why the campaign wanted him to look



at that document? A. We wanted him to look at it to see if he could check



on the immigration status of the people on the document. Q. A. Q. So you provided the document to him? Uh-huh. And did anything else occur during that encounter



with Agent Voorhis? A. Q. Not that I remember. What is your next encounter with Agent Voorhis? When is the next time you saw



Maybe I can say it better. him? A.



The next time I saw him was in the campaign



headquarters. Q. A. Q. He came over to campaign headquarters? Uh-huh. And do you know the purpose of his coming to campaign



headquarters on the day you are talking about? A. Q. I know that when he came he brought back this list. And when you provided the list to him, did it have



handwriting on it? A. No.

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Q. A.



Do you know whose handwriting that is? I don't know specifically, but my guess would be



Cory's. Q. Did Agent Voorhis discuss any of the handwriting that



is on that page with anyone at campaign headquarters, to your knowledge? A. it. Q. A. Q. Were you present during that meeting? I was in and out. Back to that name Walter Ramo. As part of that He -- I remember talking with him and with John about



meeting where that list is returned to the campaign headquarters, did you hear the name Walter Ramo come up? A. Q. A. Q. A. Yes. And who brought it up? Cory Voorhis. What did he say? He just said that -- I don't remember specifically



anything other than it was interesting, we should look for -- further into that name. Q. I apologize, I have terrible hearing. Can you lean



forward into the mic. A. Q.



I didn't hear your last answer.



He said to look further into that name. Okay. And did he give any specific direction about



how to look; where to go, for instance?

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A. Q.



I remember California, but that's all I remember. Do you remember him providing any other information



such as numbers? A. Q. A. Q. A. Q. No. Identifiers? Huh-uh. And you were in and out during the meeting? Uh-huh. How many times did you see Agent Voorhis in the



campaign office, separately? A. Q. Those are the only two times I remember right now. Do you remember telling the investigators who



interviewed you that you had seen him in the campaign office about three times? A. I read my 302, so I remember seeing that in my -- the But I don't remember any more. All right. How about telephone calls where Did you



302 report. Q. Okay.



Agent Voorhis was calling the campaign's office. answer some of those? A. Q. Yes. About how many of those were there, that you



answered? A. I remember there was at least one. But I can't



remember specifically -- I wouldn't be able to tell you exactly a number any more.

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Q.



As you are sitting at your desk in the campaign



office, if the phone rang and you picked it up, what would you say? A. Q. "Beauprez for Governor, this is Catherine." Were you responsible for training any of the



volunteers who were also helping answering phones? A. Q. Yes. Was that something they were instructed, to answer



the phone? A. Yeah, everybody who answered the phone says "Beauprez



for Governor," then their name. Q. Do you remember there being a meeting between a



Denver Post reporter and Agent Voorhis and -- at which you were there, as well as John Marshall? A. Q. A. Yes. Tell the jury about that. A reporter from the Denver Post, Karen Crummy, came And Karen and Cory Voorhis was



to the campaign office. there. office.



And the meeting took place in John Marshall's And I was in and out of that meeting, as well. I



didn't stay during it. Q. Do you remember, not the actual calendar date, but



what day it was by something else that had occurred that day? A. I don't remember specifically what day.

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Q.



Okay.



Let's go back to the day that you went across



the street and delivered the list to Agent Voorhis seeking immigration status. A. Q. A. Uh-huh. Was it that day, or do you remember? I don't remember if it was that day. MR. PHILLIPS: THE COURT: Your Honor, just one moment, please.



Yes. Ms. Holtgrewe, thank you. Nothing



MR. PHILLIPS:



further at this time, Your Honor. CROSS-EXAMINATION BY MR. TAYLOR: Q. A. Q. Good morning, Ms. Holtgrewe. Good morning. Ms. Holtgrewe, if I can take you back to the first That was the day that you



time that you met Mr. Voorhis.



went to deliver the list to him; is that right? A. Q. Yes. And it was Mr. Marshall that asked you to take him



that list? A. Q. Yes. Did Mr. Marshall tell you why he wanted you to take



that list to him? A. He said that Cory was somebody who -- he was an agent But that's it.



who could look at immigration status.



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Q. A. Q. A.



Okay.



Did he tell you where to go meet Mr. Voorhis?



Yes, he did. Where did he tell you to go? He told me to go to the building to the north of the



campaign office, and there is a coffee shop on the bottom area, and to go to the coffee shop and wait. where I would meet him. Q. I am sorry, the last part of your answer I am not That is



sure I heard. A. He said to go to the coffee shop and wait there, and



that is where I would meet Cory. Q. A. Q. He told you to wait there for Mr. Voorhis? Yes. All right. And you met Mr. Voorhis and you gave him



this list? A. Q. A. Q. Yes. And you had created this list? Yes. Is that right? You had done that after you had



helped compile the list from a review of files; is that correct? A. Q. A. That's correct. And what files did you review? I reviewed case files. I don't know specifically



more than that, but it was a large stack of case files.

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Q. A. Q.



Those were court case files? Uh-huh. And if I could have you take a look -MR. TAYLOR: THE COURT: MR. TAYLOR: If I may approach, Your Honor? Yes. Your Honor, if I keep my voice up, can



I ask questions from here? THE COURT: THE WITNESS: MR. TAYLOR: As long as she doesn't object, you can. I don't mind. Your tell me if I am getting too



close, Ms. Holtgrewe. Q. A. Q. (By MR. TAYLOR) Yes. Could you just take a moment to leaf through the Can you see into that box?



files in that box to see whether you specifically recognize those files. A. Q. A. I do recognize them. What are they? They are the case files that I looked through in the



campaign office. Q. And if we can take out any particular file -- and for



the Government's benefit, looking at a file containing a record or court minute order for a People of the State of Colorado v. Emmanuel Acosta Martinez. file as an example, Ms. Holtgrewe.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



Take a look at that



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A. Q. A. Q. A. Q.



Uh-huh. Those are the Court files you reviewed? Uh-huh. Where did you get those court files? I don't know. Okay. Does this file, as an example, contain



examples of your handwriting? A. Q. A. Q. A. Q. A. Q. A. Q. Yes. All right. Yes. What color highlighter did you use? Pink. Any reason for that? No. Just like pink? Yes. You can put that back in the box. Thank you. When And your highlighting?



you met Mr. Voorhis in the coffee shop, did you have a conversation with him about the campaign? A. Q. No. Did he say anything to you about his registration for



republican or democrat? A. Q. No. Did he say anything to you about his desire to see



the congressman win the race?

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A. Q. A. Q. A. Q. A. Q.



No. Did he wish you luck in the race? Nope. Didn't say, "Go get 'em"? No. Just took the list? Yes. When you met him in the office, when he came to give



you the list back, did he say that he was a democrat or republican? A. Q. A. Q. No. Did he say, "good luck in the race"? No. Did he say anything like, "Go take down that evil



Bill Ritter"? A. Q. No. When you talked to him on the phone, did he say



anything that indicated his advocacy for Congressman Beauprez? A. Q. list. A. Q. A. No. You went through the files when you compiled this And you were looking for specific things? Yes. You were looking for red flags? Yes.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q.



And the red flags you were looking for were -- in



addition to the examples that you named in the response to Mr. Phillips's questions, you were looking for disconnects; is that right? A. Q. Uh-huh. Disconnects between the name of the defendant at the



time they were arrested and the name when they pled guilty? A. Q. A. Q. A. Yes. You were looking for the use of multiple aliases? Yeah. The absence of Social Security numbers? I don't know if I looked specifically for Social I can't remember.



Security numbers. Q. A. Okay.



Were you looking for alien numbers?



I think I was -- that was something that I would



notice, if it said "alien number" because alien was -- at least it was something that, for our purposes, I would notice. But I don't remember -- that wasn't on, like, my



huge list, but that was something I noticed. Q. You were looking for any indication in short that



people were unlawfully present in the United States? A. Q. Uh-huh. All right. Now, when Mr. Voorhis brought that list



back, you were in and out of the conversation that took

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place in Mr. Marshall's office; is that right? A. Q. Yes. And during that conversation, do you recall



Mr. Marshall at some point showing Mr. Voorhis a video on his computer? A. Q. A. Q. A. Q. A. Q. I don't remember. One way or another? Uh-huh. Don't know whether it happened? I don't know. Or didn't happen? I don't remember. Do you recall viewing the first commercial, the



Didn't Stand Up commercial when it came out? A. Q. A. Q. A. Q. Yes. Do you remember when that came out? No. No. No. Do you know whether it was before, after, or at the Don't know the date?



same time that Mr. Voorhis brought you that list? A. Q. I don't remember. Okay. Fair enough. Could I have you take a look, It will be in the



please, at Government Exhibit 305. white binder in front of you.



If we could enlarge the top



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half of the document.



Do you have both the hard copy and



the electronic copy in front of you? A. Q. I do. And, Ms. Holtgrewe, do you recall Mr. Voorhis



providing any documents in addition to the list that you had prepared to use? A. Q. I remember seeing a document similar to this one. All right. And Mr. Voorhis brought that with him to



Mr. Marshall's office? A. Q. Uh-huh. Did you later put that document in the file belonging



to the person on this list, Carlos Estrada Medina? A. I don't specifically remember, but I remember putting



the documents that looked like this in with the files. Q. About how many of those documents did Mr. Voorhis



bring with him? A. Q. A. Q. box? A. Q. Yes. Okay. Can I ask you to look, please, at Government Not very many. A couple? Uh-huh. And did you marry those up with the files in that A couple.



Exhibit 103E. A. Okay.

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Q.



And could you take a moment, please, just to flip That is a multi-page exhibit. Have you had a



through.



chance to look at that? A. Q. Yeah. Does that look like the document that Mr. Voorhis



brought? A. Q. Huh-uh. And referring back, if I could, to Exhibit 305, the



other piece of paper you looked at. A. Q. Uh-huh. Is there something different about the formats of



those documents that suggests to you it was Government Exhibit 305 or something like it? A. Yeah. The 305, the one I am looking at on the



screen, has all the information up at the top of the page, a single page. Q. This one has a lot.



And do you recall whether the individual pages that



you were given, was there one page per person; that is per court file, or were there more than one page per court file? A. Q. It was one. All right. MR. TAYLOR: Your Honor. THE COURT: Yes.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



Could I have just a moment, please,



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MR. TAYLOR:



No further questions, Your Honor. REDIRECT EXAMINATION



BY MR. PHILLIPS: Q. Ms. Holtgrewe, I will bring up a big thick notebook If you could direct your



on Government's Exhibit 305. attention there. that right? A. Q. page? A. No. MR. PHILLIPS: THE COURT: Yes.



This concerns Carlos Estrada Medina; is



Do you see the name Walter Noel Ramo anywhere on this



Your Honor, no further questions. You may stand down. Thank



Thank you.



THE WITNESS: THE COURT:



Thanks. Next witness, please. Agent Judith Jorden.



MR. PHILLIPS:



AGENT JUDITH JORDEN having been first duly sworn, testified as follows: COURTROOM DEPUTY: Pleads be seated.



State your full name for the record and spell your last name. THE WITNESS: J-O-R-D-E-N. DIRECT EXAMINATION

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



My name is Judith Jorden,



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BY MR. PHILLIPS: Q. Agent Jorden, what is your job position? Where are



you employed? A. Senior Special Agent with Immigration and Customs



Enforcement here in Denver. Q. A. How long have you had that position? I have been a Special Agent since July of 1997. And



prior to that I was an Immigration Agent starting in October of '96. Q. Any other law enforcement experience, or that is when



you began? A. Q. That is when I began. What are your duties as a Special Agent here in



Denver now? A. I am currently on the Document and Benefit Fraud Task



Force investigating immigration benefit fraud, as well as working with other task force members on fraud being perpetrated by immigrants or illegal aliens. Q. Did you work on numerous investigations and cases



with Agent Voorhis? A. Q. A. Q. Yes, I have. And is he a friend of yours? Yes, he is. Let me take you to October 17, 2006. Do you remember



that day?

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A. Q.



Yes, I do. And specifically, did you have a chance encounter



with the defendant, Agent Voorhis? A. Q. A. Yes, I did. Describe for the jury how that came to be, please? It was a blustery day, like yesterday, kind of As I was coming down the



sleety, office was very quiet.



stairs from our main floor, which is the sixth floor, I bought something out of the junk machine, as well as a drink. Coming down the stairs heading towards the break



room on the floor that I work, Cory Voorhis met me on the stairs, and he was going to the break room, as well. Q. And is that a break room that agents frequently would



go to when taking a break? A. Q. Yes. There is another break room down on the ground floor



of this building; is that right? A. Q. That's correct. But that is not one that the agents went to



typically? A. I don't particularly care for the restaurant there. So they congregate there. They



Other people eat there. buy coffee there.



And I have gone there for coffee.



Generally, at lunch time, I don't go to that one. Q. After running into Agent Voorhis, as you have

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described, what did the two of you do? A. Sat down at one of the tables. And I opened up my



drink and my food, and probably asked Cory how he was doing. Q. A. He and I worked on several case.



What did you observe about his physical behavior? I noticed Cory was stressed or nervous. He was



jostling his leg, which he does. and this is something he does. Q. A. Q.



I work with him a lot,



He does this when he is under stress or nervous? Yeah, that would be a -What was the subject of discussion that you two had



that day? A. Actually, after whatever, hi, how are you doing, an



probably comments about the weather, Cory said to me that he had run that guy. And there had been conversations,



you know, in the office the day before and even that day, and I knew what he was talking about. Q. And what did you understand that he was talking



about? A. Q. Well, I understood that he meant he had run Medina. How was this a subject of discussion within the



office? A. Well, I know that -- and I think it was the previous



day, but I don't know for sure if it had even been that day, going for coffee in Tony Rouco -- one of the

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supervisor's work areas.



Tony had made a comment about He is



Carl Rusnok didn't know what he was talking about. our public information officer.



And Tony still speaking,



had commented that Carl had told the press that running alien numbers or giving out alien numbers was against policy, and a declarative statement like that. And Cory was also getting coffee at the time, and I responded to Tony that I didn't agree with Carl's comment to the media. Q. Okay. So when he made the statement that he was the



one who had run that guy, did you put that in context of the political ad that was being discussed in the office? A. Well, I knew that the ad was out there. And people



were discussing the fact that there was an ad out there. I think in the office they -- it was generally referred to as, you know, the agriculture land ad. was referred to as a political ad. Q. Okay. After Agent Voorhis told you that he was the I don't know it



one who had run that guy, what did you ask him? A. Q. A. I asked him if he had banged himself in. What does that mean? That is slang that I use. It might not be slang that But it was whether he had



everybody in the office used.



reported and discussed this with management. Q. What did he say?

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A.



That, yes, he had discussed it with management, and



there was an investigation. Q. Did Agent Voorhis express any regrets about having



run that guy? A. Q. No. Did he say that he wished he would have done anything



before doing so? A. Not running the guy. He said he wished that he had



put more thought into this because of the impact it was going to have on his family. exposure for being the source. Q. Did Agent Voorhis discuss with you anyone else that And I took that to mean any



he had talked about and given information to concerning that guy? A. Q. A. Q. Concerning Medina? Yes. No. Did he tell you that he had met with anyone



concerning giving information about the guy that he had run? A. Q. A. Q. A. No. Okay. Yes. Did that come up during the conversation? Yes, it did.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



Have you ever heard the name John Marshall?



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Q. A.



Describe how? Cory told me that he had discussed the issue of the



trespass of agricultural land statute used by the Denver District Attorney's Office with John Marshall. And he



also commented that John Marshall had done some research on this and had told Cory he had found 30 individuals who had been charged with this. Q. After a certain amount of time, did you report that



conversation to anyone within your management structure? A. Q. A. Yes, I did. Who did you tell? On the 19th, I went to my supervisor and told him



that I might have information concerning what was going on with Cory. And he had me close the door, and I explained



the same information I just provided you. Q. A. What did he have you do? Actually, I left the office at that point. He called



me later on and told me that Paul Maldonado would like a memo, if I was willing, to be written on this. prepared a memo to my supervisor. And later on that day, because I didn't want to leave it in my supervisor's office, the office is normally open, and Lou wasn't around the first few times I went. When I did catch hold of him, I think I caught him first to say I wanted to give him the memo.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



And so I



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We, again, had a closed-door session, and I gave him the memo, and discussed the fact that -- we had a meeting set up with the Colorado Bureau of Investigation for the next day concerning the operation that we went out and did, which is public knowledge now. And that especially -- you know, in light of the fact that we work every day in this community, that it was, you know, no problem for me to continue to provide information to anybody who wanted it. the memo was being done voluntarily. And certainly that I understood that



Paul Maldonado was basically, by saying this directly, it was voluntary on my part. Q. So on October 19th, that is when that event occurs



where you meet with the supervisor and do the memo; right? A. Q. Correct. Are you able to say with precision that you made a Do you remember



telephone call at 4:39 p.m. that day? that? A.



I think it is that time, because when I was asked



that by the FBI, not knowing the time I opened my cell phone and provided what it said on the face shield. Q. Does that sound like at least it is in the ballpark;



4:39 p.m. the time that call would have gone? A. Q. Correct. Who was that call to?

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A. Q. A.



That call was to Cory. Why did you call Agent Voorhis? Well, when I came to the office that day -- and, He spoke with



remember, we had the snowy day on the day. me -- people basically weren't around. early myself that day.



I probably left



The following day, I think I was



working on the CBI project that we were doing on the day after that, because we had a meeting with them on the 20th. I did not know until December 19th, when I first tried to speak with my supervisor, there was another supervisor who has since retired in the office, and I wasn't going to go in and say this with him present. wandered around the floor. So I



And that is when I saw that



there was "caution" or police tape around Cory's area, and I did not know anything had transpired at that point. Q. A. Q. This is on October 19, 2006; correct? Correct. All right. And then you called Agent Voorhis. Did



you tell him that you had submitted this memo? A. Q. Yes, I did. What else occurred during that telephone conversation



regarding Agent Voorhis' situation? A. Well, when Cory and I had spoken on the 19th, and



Cory had -- was just in disbelief over the media's take on

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this.



And I had told him on that date that, well, what



they are alleging is the person who did this, which I now know is Cory, did it, accessed NCIC for personal use. And, you know, we know that is against the law. But that is what the media is saying, regardless of why they are saying it. out on it. That is why there is all of this spin



And the same thing on the 19th, that, you



know, Cory's just -- this all is so out of what we would normally expect. And, again, the media is taking this to that level. Their allegation is that, you know, an ICE agent, Cory Voorhis, has accessed -- I am talking to Cory, so I am referring accordingly -- has accessed NCIC, you know, for personal use. It is hard to believe that, but that's what they are alleging. And that is why we have so much spin up. And Cory agreed



And, you know, that is against the law.



with me that certainly the accessing is against the law for personal use. MR. PHILLIPS: may. THE COURT: Yes. No further questions at this time. Your Honor, just one moment, if I



MR. PHILLIPS: Thank you. THE COURT:



Thank you.

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Mr. Ridley? MR. RIDLEY: Thank you, Your Honor. CROSS-EXAMINATION BY MR. RIDLEY: Q. Good morning, Special Agent Jorden. I represent Mr. Voorhis. You were just talking about a conversation that you had on the phone with Mr. Voorhis where you are talking about personal use of the NCIC computer database; correct? A. Q. Yes. And you had mentioned to him that the press is saying My name is Pat



Ridley.



that -- is reporting that using the NCIC system for personal use isn't proper? A. Q. A. Q. Correct. It is illegal? It is. And you told Cory that -- that using it for personal



use was illegal; correct? A. Q. A. Q. Correct. And he agreed with you? Yes. He never told you that he accessed the NCIC database



for personal use? A. Q. Never. And you understood that at this point, this issue was

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a big deal? A. I understood on the 19th, when Cory and I spoke, and



we were speaking in the context of the media, and this is other agencies involved, so I knew for a few days it was a big deal. Q. And it is a big deal because Bill Ritter, who is



running for Governor of the State of Colorado, accused the Bob Beauprez Campaign of violating the law? A. Q. Yes. And Bob Beauprez' Campaign had put together an



advertising effort campaign, television advertising effort to disparage Bill Ritter; correct? A. The intent of most political ads is to disparage the



competition. Q. Okay. And the effort in October of 2006, in terms of



trying to put down Bill Ritter's policies as the elected District Attorney in Denver, had to do with immigration law; correct? A. Q. A. Correct. And did you see the ads during that time? In our house, when I get home, whatever time that may The news is I would hear



be, I prepare supper, water running, cooking. always on every evening. bits and pieces. So I saw the ads.



And I am sure that by, you know, a few



runs, I had gotten the gist of the complete ad.

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Q. A. Q.



Okay. Yes.



Fairly hard-hitting ad against Bill Ritter?



And within days the Ritter for Governor Campaign



comes back against Beauprez and accuses them of violating federal law by accessing the database; correct? A. Q. A. Q. Correct. That's a big deal? That's a big deal. It is a big deal because the emphasis is put on the



Beauprez Campaign for violating the law? A. Q. Yes. And the allegation is that they violated the law by



illegally accessing a federal database; correct? A. Q. Correct. And they had to have used a federal agent in order to



accomplish that; correct? A. Q. Correct. The import of this takes on special meaning because



the person who is making the allegation is Bill Ritter; right? A. Q. Can you ask that again? Let me ask it again. Bill Ritter, when he is running



for Governor, he is running as the former elected Denver District Attorney; right? A. Correct.

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Q. A. Q.



He had been in that position for about a decade? For quite awhile. Denver is the largest District Attorney's Office in



the state? A. Q. I believe that. Fair to say that arguably Bill Ritter, over the last



12 years, has been the highest profiled law enforcement officer in the State of Colorado? A. Q. Yes. And in part because of that experience, he is running



for Governor of the State of Colorado? A. Q. Yes. In the -- he may be the Governor because of that



experience; correct? A. Q. Correct. And so when Bill Ritter comes out and accuses the Bob



Beauprez Campaign of violating federal law, people take notice? A. People take notice. I don't know that the part,



which was a second part about that they had to have gained access through a federal agent, gained as much notice, because once Bill Ritter said -- made the accusation that Bob Beauprez' Campaign had had violated the law, I mean that's what's in people's minds. Q. Right. Okay. Let's talk a little bit about your

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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background, Special Agent Jorden.



You entered your



profession when you were down in Miami? A. Q. Correct. You joined the Immigration and Naturalization



Service? A. Q. A. Q. Yes, as an Immigration Agent. And you became a Special Agent in 1997? Correct, shortly thereafter. What is it that a Special Agent in the INS, now in



ICE, does? A. We enforce the immigration laws, which is generally



Title 8 of the United States Code, as well as Title 18. And now that we're merged with the Legacy Customs Agency, we have the responsibility for enforcing laws encompassing, basically, any movement of people or things inside or outside the United States, as well as activities that affect interstate commerce; so the movement of money across state lines, and the full range of immigration violations, as well. Q. Okay. And as a Special Agent in ICE, you have a job



description, don't you? A. Q. Yes. There has been considerable testimony about that But is it fair to say that on a day-to-day



already.



basis, you determine what you can and can't do based upon

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what is in that job description? A. Q. Yes. Is it part of the job of a special agent with ICE to



find their own leads? A. Senior agents, who want to truly pursue the cases



that we're expected to, need to develop their own leads, need to develop their own cases, and are generally not assigned by a supervisor as many cases as the junior agents because of that expectation that whether through sources of information or data mining or searching information that's publicized or leads from other law enforcement, that is how we are truly expected to generate our case work. I would say for about every 50 leads we



think of following, we get one good case. Q. Okay. And as a Senior Special Agent, you don't wait



for assignments? A. Q. A. Q. A. Q. A. Q. No. You exercise considerable autonomy? Yes. You act independently? Yes. You take initiative? Yes. And you do what you can to, yourself, determine how



the immigration laws are being broken?

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A. Q.



Correct. And what you can do as a federal law enforcement



agent to enforce those laws; correct? A. Q. A. Q. 1998? A. Q. Correct. When you come here, do you meet Cory soon after That is correct. You know Cory Voorhis quite well? Yes. You, of course, 3 years -- you come to Denver in



arriving? A. Al Maldonado, Paul Maldonado's ASAC brother, was my And he assigned



assigned supervisor from my arrive here.



Cory to go to my house and pick me up the first day. Because we had a government vehicle, we don't like to drive ourselves in that first day because we want to pick up the government vehicle. assigned to do that. However, Al didn't quite get the phone numbers or times right, so my husband ended up driving me and I met Cory later. Q. And for a significant portion of your first few years And Cory was the person



in Denver, you had the cubicle next to Mr. Voorhis'? A. Q. I was right across from him. And you were placed in the same unit as Mr. Voorhis?

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A. Q. A. Q.



Yes. You were working in the worksite and fraud unit? Yes. And did -- what unit is Cory Voorhis working in at



that time? A. Q. He was in the worksite and fraud unit at that time. Is there a time when he works -- he moves to the --



is it the Alien Criminal Apprehension Program in Denver? A. Q. A. Yes. And do you take on a similar project in Adams County? Actually, during the first 6 months, we had a number And I



of people who were detailed to the border.



subsequently, myself, went in July of 1998, and spent the month of July, maybe the first few days of August, assigned to Harlingen, Texas, and to Brownsville -Thomasville. And because of the loss of people in the office, some people chose to go there for 6 months, some went for 90 days. They could get an efficiency apartment. That is



close to the South Padre Island. advantage of it.



People were taking



There were a number of people who don't want to sit on the border even for 30 days. personnel in our office. So we had a loss of



And I actually worked with Cory,



as well as Santos Valenzuela, doing the Denver Drug Court

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Alien Criminal Apprehension Program in May, June of 1998. And I was just a temporary detailee to that. I didn't We



change my group assignment, but did have to assist. also had had a number of people at the academy at the time. Q. Okay.



So you worked with Cory for awhile in Denver And then



with the Alien Criminal Apprehension Program.



did you later do that work by yourself in Adams County? A. Later on I actually did. I did a request to change



groups.



I had done a fairly successful fraud case,



prosecuted in Salt Lake City, as well as working on one of the Social Security cases here. I had done some complex



cases, and made request to go to the Alien Criminal Apprehension Program. I was originally given Adams County. in that unit, doing Denver County. And Cory was



And when he



transferred back over to the worksite fraud unit, I took Denver, as well. Q. Thank you. So I was doing both Adams and Denver. What is a ACAP or Alien Criminal



Apprehension Program? A. It is designed so that aliens, whether here legally



or illegally, who commit a crime and are contacted by state or local law enforcement, or even federal for the federal system, by an agency. Their removability under



grounds of deportation or removal is reviewed by someone

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from our agency. And generally you are assigned to a jail or jails, and you review the intake on a given day through criminal history checks run by us or run by the sheriff officers, trying to prioritize those cases based on your current offense, what they have been arrested for, as well as their prior criminal history. Certainly anybody who's committed something partly egregious, like sexual predators who target children, murderers, people that victimize the elderly, regardless of their priors, are going to be given consideration. Drug dealers, significant damage to property, where there may be, you know, some potential for millions of dollars, you know. Anything that is egregious and would fall into



our category of an aggravated felony. And then certainly the ones -- the worse of the worse, we prioritize, and we would try to encourage them at the jail that day, and place an immigration detainer, which instructs the jail to notify our agency at the time that they are done, there is a disposition on the criminal case under which they are being held. Q. Okay. So the name of that program is very You are attempting



descriptive of, in fact, what you do.



to identify criminal aliens and apprehend them; correct? A. Yes.

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Q.



And when I talk about -- when we talk about



apprehending, what you are really doing is you are trying to place a detainer on those criminal aliens so that INS can take action in terms of either deportation or removal proceedings? A. Q. Correct. And you do that based upon a prioritization that



exists within the system; correct? A. Q. Yes. Obviously the more violent and dangerous people have



the higher priority? A. People who would have a continued dangerous impact on



the community. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. People accused of murder? Yes. Assaults? Yes. Sexual assaults? Yes. Dealing heroin? Yes. Dealing marijuana? Yes. Dealing of other controlled substances? Yes.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



You have to answer?



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Q. A.



What are knock and talks? Knock and talks, when we -- this is a generality.



When you have information that an individual is going to be at a location, and you give a good college try to see if you can make contact, and you go and you knock on the door and speak with them. Q. Depending on what you find out, and depending about



what information you have when you conduct that knock and talk, that may result in apprehending someone? A. Q. Oh, yes. Indeed, that is really the primary purpose for doing



this, is to apprehend a criminal alien? A. To apprehend a criminal. And usually, for our



agency, instead of generally -- all of the agencies do knocks and talks. But for our agency, it is typically to



arrest an alien who we want to, maybe, make a facial identification or get a little more information on them. But that is our intent to go and arrest them. Q. A. Q. And that can be dangerous work? Oh, yes. And it can be dangerous because you never know what



is on the other side of that door? A. Q. Yes. And Mr. Cory Voorhis and you would do that type of



work together, wouldn't you?

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A. Q.



Yes. And you worked together on a number of different



cases? A. Q. A. Q. Yes. Did you work together on the Pedro Castorena case? Yes. Did you -- what time frame did you work with



Mr. Voorhis on that case? A. That case is still open. I would say that



continually.



I don't know that there was ever an ending Even when he was back in



in terms of the little stuff.



the office during the past year, he and other case agents are in my work area, and it is an ongoing -- even if I just moved a box for him, it is ongoing. Q. A. Q. A. Q. Okay. Yes. That has resulted in dozens of indictments? Yes. That has involved serious, serious efforts to And an ongoing complex case?



apprehend various criminal aliens throughout the metro area? A. Q. A. Q. Yes. Throughout Colorado? Yes. Throughout the United States?

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A. Q. A. Q.



Yes. And, indeed, it has reached into Mexico? Yes. And that's by way of extradition proceedings, that's



how Pedro Castorena was plucked out of Mexico and brought back here to Denver, Colorado; correct? A. Q. Yes. So that he could stand trial for his involvement in a



very large conspiracy case? A. Q. Yes. Conspiracy case that related to the manufacture,



production and distribution of false documents? A. Q. Yes. Those documents are used to permit dozens or hundreds



of thousands of other illegal aliens to have papers while they are here in the United States? A. Q. Yes. And as a result of your office's efforts, Pedro



Castorena is now awaiting trial in Denver? A. Q. Yes. And that's also in large part because of the work of



Cory Voorhis? A. Q. A. Oh, absolutely. He was the lead agent on that? Yes.

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Q.



During September and October of 2006, are you aware



of other work besides Pedro Castorena that Mr. Voorhis was doing? A. Q. A. Q. A. Q. A. Yes. What was he involved in? He was doing a Visa fraud case. And did that involve Bosnians? Yes. Tell us a little bit about that. I'm actually sequestered from Cory on a motion on one So if you will



of those cases that we worked together.



put that one to the side, I can generally discuss -Q. We will put it to the side, and not complicate things



by getting into something that may be confidential and may have a court order surrounding. Let's talk a little bit about NCIC training. is NCIC? THE COURT: MR. RIDLEY: THE COURT: Do you want to take a break now? Yes. This is a good time. What



Come back at 1:15, please.



(Lunch break is taken from 12:00 p.m. to 1:20 p.m.) THE COURT: MR. TAYLOR: Q. (By MR. TAYLOR) Go ahead, please, Mr. Ridley. Thank you, Your Honor. Good afternoon. Before the lunch It



break, we were talking about a sequestration order.

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occurred to me over the lunch hour that if one doesn't know what a sequestration order is, and it is mentioned, and then suddenly people stop talking, you might think it is a dirty term. order is? A. In one of Cory's cases, which is now in the Can you explain what a sequestration



prosecution stage, and it is part of a larger group of cases, the defense has filed a motion, and as part of the Government's response, both Cory and I are witnesses for the Government. Well, the day ran long, and Cory



testified, but I did not have the opportunity. Q. You know what, I am going to cut you off. If you



could just say what a sequestration order is, or would you agree with me a sequestration order is when a judge enters an order saying that one witness can't talk to another witness about their testimony in a case? A. Q. Correct. Okay. And that is the situation.



And that is because in the case you are



talking about, Cory has already testified in that case; correct? A. Q. A. Q. Correct. You have not? Correct. The judge ordered that the two of you cannot talk



about Mr. Voorhis' testimony?

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A. Q.



Correct. There are a couple things I think we can talk about, And you and



about that Bosnian investigation.



Mr. Phillips and I had a brief conversation about that at the break, about that one of the things I would like to ask you, if you can generally tell us, what that investigation is about? A. It is part of our public safety program. There was a



review by ICE of a huge number of Visa applications that were filed by Bosnians who wanted refugee status in the United States. And, in general, there were a large number



of people who failed to admit that they had served in the military once the former Yugoslavia imploded, basically. There are some people certainly who have perpetrated that because they're trying to cover up acts of genocide that they or people around them were involved in; specifically, crimes against the Muslim population. And, in fact, for the Dutch, who had soldiers there, it is really -- I think ended up with a resignation of one of their prime ministers because, basically, there was not a good oversight of really atrocious acts that went on over there. So on the back side, ICE is revealing many, many refugee files, alien files to try to determine, based on information obtained from the Hague, whether, you know, we

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can identify and arrest and charge people who have failed to admit their military service. And depending on what



part of the military they were assigned to, whether they were, in fact, complicitors in the genocide. Q. Okay. So you and Mr. Voorhis together have worked on



that case? A. Q. A. Q. Correct. You have investigated the case? Yes. Again, it is a case that transcends our national



borders here in the United States? A. Q. A. Q. Yes. And reaches out into Bosnia and into Europe? Correct. And involves important issues such as human rights'



violations? A. Q. A. Q. Correct. And genocide, as you said? Yes. There has been some conversation about the snack shop



over at the ICE offices in the Denver Tech Center; correct? A. Q. Yes. And I think some of the testimony this morning maybe



suggested that the snack shop is not kind of an open

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forum. A.



Describe for us what the snack shop looks like. There are tables inside



It is it has multiple doors.



the snack shop, and they have tables for eating immediately outside the wall. glass. It is only walled with And one set



So there are open doors and openings.



of doors is always open because there are tables in the atrium area of the building on that ground floor, as well. So it's an open area. I use the doors right next to it to go out. are tables outside, and that is the smoking area. frequently down there. Q. And when you go down there for a cigarette break, you There So I'm



walk by this snack shop? A. Q. A. Q. A. Q. Yes. The snack shop has glass walls? Yes. It is completely transparent? Yes. You can see people who are in the snack shop as you



walk by? A. Q. Yes. Once you go outside where you can permissibly smoke



cigarettes, you can also see right back into the snack shop? A. Yes, basically.

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Q.



Because there is glass windows going from the snack



shop to the outside area where you smoke? A. Q. Correct. And so you would agree with me that the snack shop,



in the lobby level of the building in which ICE is contained, is not the best place to conduct the type of sneaky business that one might conduct if they didn't want ICE agents and ICE supervisors to know about it? A. Q. It is a public, public area. And it is not the type of place that you would be



meeting with secret -- if people want highly secretive and sensitive matters? A. Q. No. Let's talk a little bit about your training on the The NCIC system is the National Criminal



NCIC system.



Information Center? A. Q. A. Q. A. Correct. And have you received training on that? Yes, I have. What kind of training have you received? I had formal training in Miami, put on by one of the But he was the liaison with the



more senior agents.



Florida Bureau of Investigations, or whatever agency actually has oversight. I have had formal training in



Illinois, which was presented, I recall, by an Illinois

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state trooper, but it was a full day, as well.



And I have



had formal training here in Colorado, provided by the Colorado Bureau of Investigations. Q. In these trainings, are one of the things that you



are instructed on to keep a logbook? A. Q. A. Q. log? A. Well, I have never actually seen one, although all of Yes. And the logbook is to keep track of NCIC queries? Of disseminations. Of disseminations. So it is called a dissemination



the training says we're supposed to have one. Q. A. Q. A. Q. Okay. No. You haven't seen one in the Denver office? No. You haven't seen one in any office you have ever And you haven't seen one in the Miami office?



worked in? A. Q. A. Q. Correct. You have certainly never used one? Never. Is it fair to say that sometimes you're taught things



in the classroom that never really kind of make their way into your practice out on the streets? A. Absolutely.

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Q.



Speaking of that, as a senior special agent with ICE,



do you keep 9:00 to 5:00 hours? A. Q. No. Do you keep hours that sometimes take you into the



middle of the night? A. Q. Yes. Sometimes you're doing a knock and talk at 10:30 at



night? A. Q. Yes. Sometimes you are doing that at 7 o'clock in the



morning? A. Q. A. Q. it? A. Q. 1:00? A. We are not paid for lunch. So we're lucky if we No. You are not required to take a lunch between noon and Yes. You keep your own hours? Yes. And when you take a lunch, it is not set in stone, is



actually have a formal lunch. Q. A. Q. A. Okay. Yes. You can take your cigarette breaks as you wish? Yes.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



But you can come and go as you wish?



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Q.



The clock isn't terribly meaningful for a senior



special agent in the Immigration and Customs Enforcement department; is it? A. Q. A. No. How frequently do you use the NCIC system? Sometimes, depending on the stage I am at in an



investigation, I will be on it constantly for a day, a week. weeks. Sometimes I won't use it for maybe a couple of But I think pretty frequently. I have it on my



desk top.



I have used it this week, or referenced stuff



that I did last week, this week. Q. A. Q. And do you use it as a tool to develop leads? Yes. Do you use it as a tool to check out leads or to



obtain information on potential suspects? A. Q. Yes. Do you use it as a tool with which to maybe get



information on sources of information? A. Q. Yes. Do you receive information from various sources that



leads you to the NCIC database to check and verify on information? A. Q. Yes. Are there times when you read things in the newspaper



or see things on television which trigger your use of the

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NCIC system? A. Q. A. Absolutely. Tell us about that. Everything I've read in the past two weeks, which



includes a large scale meth seizure, appears to have happened on the Western Slope, which our area of responsibility is Eisenhower Tunnel this way and East wards, so not anything that I would follow up on. The more noteworthy -- there was a case in Edgewater where a fellow held a shotgun to the back of his girlfriend's head and pulled the trigger as she was trying to escape him. And that's Jefferson County, and I work So when I



closely with the Jefferson County DA's Office.



saw that one, I contacted the investigator I was working with to ensure, you know, that they didn't need our help on it. Our detention and removal section now covers Jefferson County. So they were able to tell me that, in



fact, one of our immigration enforcement agents had already provided a detainer; that the guy, in fact -they already knew he was an illegal alien. Q. Okay. And as a special agent with ICE, do you



sometimes work with immigrants who have an A-file and work with them to help you on cases? A. Yes.

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Q. A.



What is an A-file? An A-file would be an alien file. And it's existence



is created upon an encounter with ICE or with Customs and border protection or with Citizenship and Immigration Services, which all contain elements of the former Immigration and Naturalization Service. And upon that encounter, which can be a virtual encounter; in other words, someone can file an application through their spouse, as the petitioner, to get a green card, and the alien file is created. Or it can be from a



jail encounter, where the person does not appear to have been contacted before, and an agent or an immigration enforcement agent or special agent might have created it. It can also happen on the border, whether through the border patrol or the inspectors, when they encounter someone, and create the alien file. Q. Okay. And it is fair to say that one of the ways in



which you work with people who may have an alien file or an A-file is that you will use them as confidential informants? A. Q. Yes. And the reason why you would use somebody who has an



A-file as a confidential informant is because they're going to have information about folks who are violating the immigration laws of the United States of America?

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A. Q.



Correct. So you oftentimes will work closely with folks who



have an A-file to help you enforce the laws of this United States of America? A. Q. Yes. And because this is not country club stuff that you



are engaged in, when you are trying to enforce the laws of the United States of America, sometimes people with whom you are working who have A-files, end up doing things that are no longer consistent with the agreement you have with them? A. Q. A. Q. Yes, that's true. And one of those things is that they break the law? Yes. Or they just abscond and they stop showing up when



and where they are supposed to in order to continue assisting you? A. Q. Yes. And so it's times like that when you might, again,



use the NCIC database to try to find information on a confidential person who's in the immigration system to find out where they're living? A. Q. Yes. And do you recall engaging in just that kind of an



activity with Cory Voorhis at the end of September 2006?

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A.



I know that we did that.



And it relates to the



larger scale Bosnian cases, which we were doing knock and talks, which have been defined, as well. Cory did have a



source who, my understanding, was not complying with the agreement. And it was someone who I was familiar with and



had worked with Cory with. And so on one of the occasions when we went to make contact with one of the Bosnians, prior to going to do that interview, which we wanted to ensure that everybody in that household was home, and we had plenty of time from when we left the office -- we did, in fact, go and knock on some doors to try to track down his source, who was not complying. Q. A. Q. A. Q. And do you remember the name of that source? I only know him by his first name. Omar? That is correct. If you would open Defendant's Exhibit book -- the



Government's exhibit book, the white one, to Exhibit 103I. Are you with me? A. Q. A. Q. Yes. And what is Exhibit 103I? It is an NCIC printout. Do you know what date and time 103I I was retrieved



from the NCIC database?

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A. Q. A. Q.



September 28, 2006, at 11:59:31. And who is the person who accessed 103I? Well, it says "CAR 4039." Okay. I'm CAR 4031.



If you look at the top of the page, I



understand that the NCIC system is friendly and says things like, "Good Morning"? A. Q. It says, "Good Morning, Cory Voorhis." And does that mean that Cory Voorhis is the person



who accessed 103I? A. Q. Yes. And is 103I the NCIC data that relates to the person



who you just talked about known as an Omar? A. Q. Yes. And Omar is somebody who with whom Cory Voorhis was



working on a case? A. Q. A. Q. Yes. Omar was a confidential source? Yes. What case was it that Mr. Voorhis was working with



Omar Nunez on? A. To be honest, I think Cory used him on many, many



cases. Q. A. Okay. I have known him -- I had met Omar years ago upon I would be unable to list all of the

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first coming here.



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cases.



My recollection is that he worked on the Castorena But the other ones -- it really has been



case with Cory.



an ongoing use of him. Q. And is it about that time, September 28, 2006, that



you and Cory Voorhis go and look for Omar Nunez? A. Q. That would seem about right. And you are looking for him because he has breached



an agreement with the Government, and now you and Mr. Voorhis are going to go find him? A. Q. That is correct. And you might characterize what you are going to go



do when you find the house he is at as a knock and talk? A. Q. Yes. And you are not aware of any improper reason that



Cory Voorhis might be accessing that data in the NCIC database in late September of 2006, are you? A. Q. A. Q. No. That is exactly how you use the system; right? Yes. So it illustrates the point -- the point that we



discussed earlier, that the NCIC is a tool that special agents within ICE use to find people; correct? A. here. Q. Okay. And 103I also contains a query for Omar

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



Yes.



We actually went to two of the addresses listed



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Nunez's wife; is that right? A. Q. Yes. And Omar Nunez's wife was also queried because



oftentimes if you can't find the person you are looking for, the source; in this case, Omar Nunez, you go to their spouse or their next of kin or their close relatives? A. Q. Yes. And in this particular case, you know that Omar Nunez



and his wife had a history of domestic violence? A. Q. A. Q. Yes. But they continued to stay in touch? Yes. And because Omar had been a source of the Government



for so long, you knew that one of the places that Omar might be visiting, or somebody who might have information on Omar, was his wife? A. Q. Yes. Have you had -- you met with the investigators in And I am talking about Mr. Voorhis' case. I



this case.



am sorry, that was confusing. A. Q. Which investigators? You know what, let's do a couple of things. We are



going to move on to a different topic.



So you are not



distracted, why don't you close the exhibit book in front of you, and I will try to ask a better question.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q.



You were interviewed in October of 2006? Correct. And that was by a CBI agent, Agent in Charge Mark



Wilson? A. Q. Yes. And some of your testimony, particularly on direct



examination, related to some of the things that you talked about with Agent in Charge Wilson? A. Q. And now retired FBI Agent Mike Castro. And so there were the two of them there. Was Wilson



from the CBI? A. Q. A. Q. Correct. And Castro from the FBI? Correct. And had had you met with the Government and its



investigators since October of 2006? A. Q. A. Yes, I have. When was that? The first time was on January 11 -- excuse me, the



first time I was contacted by them was Special Agent Manny Olmos called me on January 11th of this year. And I met



with him and Jim Anderson and Mark Wilson on January 18th of this year. Q. And that was a further effort by the Government and



its investigators to learn about what you might testify

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here today in court; correct? A. Q. At the time they said it was pretrial prep. Okay. And did you have an opportunity to review your



report prior to it being prepared by the Government? A. I saw the report that Mike Castro wrote from our I was provided a copy on



interview of October 20th, 2006. January 18th of 2008. Q.



And, I am sorry, was that the day that you were again



meeting with Mr. Anderson and a representative of the FBI, Mr. Castro, and Mr. Wilson, Agent in Charge of the Colorado Bureau of Investigation? A. The report was the report from the meeting October But the



20, 2006, with Mark Wilson and Mike Castro.



meeting on January 18th was Mark Wilson, Jim Anderson and Manny Olmos, and that was the first time I read the report. Q. Okay. And what was your reaction to what was in the



report? MR. PHILLIPS: Judge, I am going to object in that



certainly we don't have impeachment going on, but apparently an editorial comment in terms of the reaction. THE COURT: Q. The objection is sustained. Were there things in the report that



(By MR. RIDLEY)



were not accurate? MR. PHILLIPS: Judge, I think that is what I



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objected on. THE COURT: Q. Sustained. Did you end up having a conflict



(By MR. RIDLEY)



with the prosecutor and their investigators at that meeting? MR. PHILLIPS: grounds. THE COURT: THE WITNESS: Overruled. I was handed the report, and I read Judge, I will object on relevancy



it, and I found it extremely objectionable. THE COURT: conflict. The question was, did you have a



The answer is yes, you did. Yes, I did.



THE WITNESS: THE COURT: Q.



All right. And did you try to clarify some of



(By MR. RIDLEY)



the matters that were contained in the report? A. Q. A. Yes. And what was the reaction when you tried to do that? Jim Anderson told me to "stop speaking," twice, and



literally shook his finger in my face and told me that's not why I was there. Q. Okay. He wasn't interested in hearing you clarify



what was in your report? A. Q. That was my understanding. He was interested in you providing testimony that was

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consistent with his theory of the prosecution; correct? A. I don't know what he was interested in. MR. RIDLEY: THE COURT: Q. If I may approach, Your Honor. Yes. Defendant's Exhibit -May I speak -- am I talking loud



(By MR. RIDLEY) MR. RIDLEY:



enough to speak from here for a moment? THE COURT: Q. So far. Defendant's Exhibit 19 is a box of And I will



(By MR. RIDLEY)



documents that have been previously admitted.



represent to you, the record reflects that they're documents that a researcher dug out from the Denver District Court and provided to the Beauprez Campaign. Are you familiar with court records from the Colorado state justice system? A. Q. A. Q. Yes. And you are familiar with criminal records? Yes. There has been discussion, a lot of it, about what



kind of documents are permissible and find their way into public records. And I'm going to pull a record -- I am



afraid this is going to fall -- a record that I previously identified and reviewed that contains different types of identifying information. You have talked -- I will come back to that in a

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moment when I'm back at the podium.



But I am going to



hand you kind of a cluster of documents and ask you if you could -- if you could review that and tell me if that is the type of thing that one finds in a Denver criminal court case file? MR. PHILLIPS: Your Honor, I will object, as far as



foundation, in terms of whether this witness has sufficient knowledge of what is in the Denver court files. THE COURT: Q. Sustained. If I could return to the podium to



(By MR. RIDLEY)



lay a little further foundation. THE COURT: Q. Yes, you may. You had previously talked about



(By MR. RIDLEY)



working with the Alien Criminal Apprehension Program. A. Q. A. Q. A. Q. A. Q. Yes. And you've worked at the Denver courts? Yes. And you've worked on criminal cases? Yes. You have reviewed criminal files? Yes. You're generally familiar with the content of



criminal files in the Denver District Court? A. Yes. MR. RIDLEY: May I approach, Your Honor?

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THE COURT:



Yes. Does that appear to be the type



(By MR. RIDLEY)



information that's contained in the typical criminal file in the Denver District Court? A. Q. A. Yes. What are those materials in front of you? This looks like notations concerning the court



proceedings, the Complaint and Information filed concerning the charge. charges. There is an amendment to the



There is a Mittimus or Judgment of Conviction,



the Order, and then a warrant for failure to appear. Q. Okay. Thank you. Your Honor, perhaps the witness



MR. PHILLIPS:



could identify exactly what she is talking about so the jury can look at that later. MR. RIDLEY: I was just going to try to do that.



It occurred to me we weren't identifying the document very well. THE COURT: MR. RIDLEY: Okay,. I pulled this file. This is the



thickest file in Defendant's Exhibit A19, and it relates to defendant Elhadji Ndiaye. For the record And I'm turning to



E-L-H-A-D-J-I, last name, N-D-I-A-Y-E.



the judgment and conviction and sentence. Q. (By MR. RIDLEY) Does it look like the conviction in



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that case is to trespass on agricultural property? A. Q. A. Q. Yes. And is there -- well, what is a SID number? The state ID number. Does that document contain the SID number up in the



right hand top corner of it? A. Q. Yes, it does. If I may have that document back now. The next document I am going to hand you is a package relating to a case called People of the State of Colorado v. Yakov, Y-A-K-O-V, Levents, L-E-V-E-N-T-S. is District Court Case No. 2002-CR-24. If you could It



review that and tell me if that's generally the type of information that you find in a criminal case file in the Denver District Courts. A. Q. Yes. If I may have that back, ma'am. Thank you.



I am going to turn your attention to a document that's contained within this court file. And before I ask



you specific questions about it, court files like this are publicly available? A. Q. A. Q. Yes. They're either in the Court or in the clerk's office? Yes. And anybody could get a copy of them; correct?

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A. Q.



Yes. If you could identify the document that I've tabbed



with pink stickies. A. Q. It is an NCIC printout. And is it the same sort of NCIC printout that was



contained in Exhibit 103I? A. Q. Yes. And is it -- does that document contain an FBI



number? A. Q. A. Yes, it does. And what is an FBI number? It is a number assigned by the FBI for tracking It's -- in recent years --



people within their system.



attached to the fingerprints of that individual. Q. A. Okay. So it is an identifier that gives a number to the



fingerprints belonging to someone. Q. And, indeed, in addition to an FBI number, does the



NCIC printout contain fingerprint codes? A. Q. Yes. If I may have that document back, ma'am. And the document also contains other aliases for the defendant in this case? A. Q. Yes. His date of birth?

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A. Q.



Yes. His Colorado state ID number, which is found closer



to the bottom down here? A. Q. A. Q. Yes. And his Washington State ID number? Yes. You testified earlier about -MR. RIDLEY: Your Honor, I am asking more questions



than I usually do right here, but I am also referring to the box. Is it okay if I ask a few more? Yes. You testified earlier that there was



THE COURT: Q.



(By MR. RIDLEY)



a controversy about a statement made by the public information officer at ICE referring to A-numbers. A. Q. A. Correct. And remind us what that controversy was, again. Tony Rouco, one of the supervisors at our office,



when I went to get my coffee, made the declaration, which is his style, that Carl Rusnok, our public information officer, didn't know what he was talking about. He had



told the media that alien numbers were sensitive, or not classified in the national security sense, but not to be revealed. Q. Okay. And there was disagreement. And some of you



thought that A-numbers -- it was perfectly appropriate to

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reveal them? A. room. Q. There wasn't disagreement among the people in the It was generally that Carl Rusnok was wrong. Okay. And so you, Cory Voorhis, and group supervisor



Tony Rouco, were all in agreement that A-numbers could be revealed? A. That's how I saw it. Whether we were all in



agreement -Q. A. Q. Nothing confidential about it? No. I am going to turn your attention to a smaller file



for The People of the State of Colorado v. Ubaldo, U-B-A-L-D-O, Ferro, F-E-R-R-O. 2003CR2562. This is a 2003 case.



And have you quickly review that document.



Does that document, indeed, contain Mr. Ferro's A-number? A. Q. Yes, it does. What document is it that contains the A-number, by



the way? A. It appears to be a document that was sent to ICE by



Denver Adult Probation requesting information on where Ubaldo Ferro was. Q. Okay. And does that document also contain an FBI



number? A. Q. Yes. One last document I would like to show to you.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



If we



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could have this one back. This next file comes from Defendant's Exhibit 19, which is the box of documents that came from the Denver courthouse, and it relates to People of the State of Colorado v. Vensenta Fernandez, Case No. 2000CR03810. if you could review that set of documents. Again, that And



set of documents appears to be the -- a criminal file that contains the usual variety of different documents that are contained in criminal files in the Denver District Court. A. Q. Yes. And I have placed a pink tab on one of those pages.



What is the document that contains the pink tab? A. Q. A. Q. A. Q. It appears to be a criminal history. And does that document contain an FBI number? Yes, it does. And a SID number? Yes, it does. The SID number, again, is the state identifying



number? A. Q. A. Q. Yes. Does it also contain a Social Security number? Yes, it does. Thank you. MR. RIDLEY: Your Honor, if I can publish two



examples of what the testimony just was?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q.



THE COURT:



You may. And when we were talking about a



(By MR. RIDLEY)



file that contained an alien number and an FBI number, that was for Ubaldo Ferro? A. Q. Correct. Can you see that? And the FBI number is the one that



is highlighted in orange? A. Q. A. Q. Yes. And the alien number is highlighted in pink? Yes. We were also discussing a case of Vensenta Fernandez.



And that file contained an FBI number; is that correct? A. Q. A. Q. Yes. And a SID number? Yes. I am going to show you one more document. There has



been a lot of discussion about the sanctity of NCIC files. Is this the NCIC file that you testified about? A. Q. A. Q. A. Q. A. Yes, it is. About Mr. Yakov Levents? Yes. It contains his name up here? Correct. And it contains his FBI number? Yes.

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Q. A. Q. A. Q. A. Q.



And his fingerprint class and pattern class? Yes. And his Colorado State ID number? Yes. And his Washington State ID number? Yes. And the NCIC printouts also identify country of



origin? A. Q. Yes. And typically it is your experience that documents



that are contained in older criminal files such as the ones that we've just reviewed, and that were provided to the Beauprez Campaign or the Beauprez Campaign obtained in the fall of 2006, at some point those files are closed; right? A. Q. Correct. And the documents that are contained in those closed



files are whole, and there is -- after the case is closed, there is not a lot of additional information that comes into the file? A. Correct. Not going into the file, but because of



public access, sometimes pieces are missing from the file. Q. Okay. Okay. More typical for pieces to be taken out



of a file than put back into it? A. Correct.

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Q.



One of the documents that we reviewed, indeed --



well, I think all of the convictions relate to trespass on agricultural property. Do you have some experience with



that particular plea bargain? A. Q. A. Yes. What is that experience? Well, I have testified earlier that I worked with



Cory and Santos Valenzuela in May, June of 1998, because of just not enough people in our office. And at that time



the Denver assignment was to go to PAADF which is the Pre-Arranged Arraignment Detention Facility downtown, where the drug court was being held. And, basically -- and Santos and Cory knew the logistics, and I was just tagging along so I could be an extra body, because we were so short staffed. We



basically go to the clerks of the courts related to drug court and get lists of defendants who are on the morning docket. So we did this pretty early in the morning. We'd go and interview the people upstairs, wherever they were being held, make our determinations of alienage and deportability, and prepare detainers. And we would



actually give them to the Court people so that when they attended drug court that morning for their arraignments, the Judge would know that a detainer had been filed on them.

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At that time, trespass of agricultural land was being offered, as well as -- and this I got more from the conversations with Cory and Santos, when they explained that some of these drug dealers might be pled down before we got back to the office that afternoon. They also



tended to use possession of burglary tools as another plea. The problem for the immigration side is that if someone has a green card, these are not offenses that would subject them to being placed into removal hearings before an immigration judge. So if you place the detainer



and the charge was reduced, a green card holder who can't even go before the immigration judge, would be transported to our office, and we would have placed a detainer on the wrong guy, basically. So you would place the detainer in the morning, and hope that that didn't happen. As an office, we tried to



use provisional detainers that had a disclaimer on them, and they were kind of a locally contrived detainer, that said, if they're convicted of this crime, you know, the original crime they are charged, then we want them once they are done with their criminal court proceedings. If



not, you know, don't call us, don't detain them, you know, an extra minute, because that would be a violation of their rights.

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But those provisional detainers were not blessed all of the way up the chain; meaning outside my office. They were approved for use in the office. Could never get So we



the agency as a whole to kind of buy off on them. were basically stuck.



If we saw someone arrested for



dealing heroin, you know, on a Saturday night, we interviewed them on Monday, and we wouldn't necessarily even place the detainer on a green card holder because the possibility that they were pled to the lesser offense for which they could not be deported, was there. And literally you could leave the Denver PAADF, get back to the office, and our detention guys would have been called to transport someone who we couldn't detain. Q. Okay. And let's just break this down a little bit.



A person with a green card gets arrested, for example, on possession with intent to distribute heroin; correct? A. Q. Correct. They go before A County Court Judge in the Denver



courts? A. Q. A. Q. Yes. The Judge sets a bond on the case? Yes. You or Mr. Voorhis or another agent identifies this



person as a green card holder? A. Correct.

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Q. A. Q. A. Q. A. Q.



That person is an alien? Correct. Over which ICE has jurisdiction? Yes. You determine to put a detainer on that person? Correct. The detainer means that after the person is done with



their criminal case, then they are transported to ICE to -- for further proceedings? A. Q. Correct. Now, if -- what you are suggesting is that



detainer -- and a bond can be set on an individual in the morning; correct? A. Q. Correct. -- but because that possession with intent to



distribute heroin is pled down to, for example, a trespass upon agricultural property, you end up having to remove the detainer? A. Q. Correct. And ICE cannot take any enforcement action on that



person? A. Q. Correct. Because the detainer has been removed, now they are



eligible for bond; right? A. They are eligible -- I mean, Denver -- any court

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system. Q. Let me strike that. And I can clean that up, I



think. They're eligible for bond, and they already have one for 10,000, and now they can actually bond out? A. Q. Correct. And because of -- and they bond out and they can



either come back for a sentencing or not, but they lose the $10,000 bond if they don't come back? A. Q. Correct. Let's take it to the next step of the system. Let's



say this particular defendant, who just received a trespass on agricultural property, plea bargained, ends up returning to a country south of the border, be it Mexico or El Salvador or Honduras, then they try to re-enter the United States, and they're caught, and they've got a charge to trespass upon agricultural property. Can ICE take any action in terms of initiating a federal criminal case against them for trying to illegally re-enter the country? A. It's all a matter of severity. So it actually is a



misdemeanor to cross illegally into the United States if you've never been here. Q. A. Okay. You can be charged with re-entering as a felony with

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no criminal history.



However, there are so many people



who re-enter who have committed aggravated felonies, which is the most egregious type, that if someone crosses the border and has something akin to trespass of agricultural land or possession of burglary tools, the likelihood of their being prosecuted federally for that re-entry is even less at the border than here. And here we are rarely -- we rarely have a case that is not an aggravated felony where the U.S. Attorney's Office pursues the re-entry charge. The border has



significantly more people that they encounter, and I'm sure their threshold is much higher. Q. Okay. You mentioned possession of burglary tools.



Is that another felony plea bargain that would be given to criminal aliens in order to minimize the downstream immigration enforcement effects on them? A. Q. Yes. And there has been discussion earlier in the trial Is that another one of



about possession of diazepam.



these plea bargains that gives criminal aliens greater rights downstream in terms of immigration enforcement actions? A. Diazepam is the generic name for Valium, and it is And



listed in the federal schedule, which is what we use. I think that has gone back and forth, because sometimes

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it's considered, as with codeine and marijuana, as not being within the threshold for a drug, a controlled substance, and sometimes it has. I haven't done a cap in a long time. So there have



been times where certainly diazepam would be below the controlled substance; not even threshold, the classification, it would be too low within the classification to be included. Q. And we had a lot of discussion about the Denver But this is not an issue that was confined to the



Courts.



City and County of Denver, was it? A. Q. A. Q. A. Absolutely not. And you worked in Adams County; correct? Correct. And they employ this kind of plea bargains, too? I don't remember seeing any cases of trespass of I remember the



agricultural land in particular.



possession of burglary tools being used in a much broader swap within the metro area jails. Q. Okay. So different district attorney offices are



using -- they may -- other offices may rely more on possession of burglary tools than trespass on agricultural property, but it has the same effect? A. Q. Correct. And the policy of letting criminal aliens obtain

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these peculiar plea bargains is in no way isolated to the Denver District Attorney's Office? A. Q. No. In fact, it is back in 2006, and prior to that, it



was endemic along the front range? A. Q. Correct. You've discussed how those policies impact the



ability of ICE to fulfill different aspects of its enforcement mission. A. Q. A. Q. Yes. To other agents -Yes. -- if you know? Was it an area that was Was that frustrating to you?



controversial? ICE? A. it. Q. A. Q.



Was it a topic of controversy to agents at



Controversial would imply that somebody was okay with Nobody was okay with it. Everybody agreed that it was a significant problem? Yes. That impeded the ability of ICE to fulfill its



mission? A. Q. Yes. To enforce the immigration laws of the State of



Colorado -- of the United States of America? A. Yes.

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Q.



It did that in the various ways that we've already



talked about; correct? A. Q. Yes. It forced you to release detainers sooner than you



would hope to? A. Q. Yes. It forced you -- it prevented ICE from being able to



get the type of conviction that could be used later on in deportation or removal proceedings? A. Q. Correct. And it lessened the ability of ICE to have the



ammunition that might be necessary when a criminal alien re-enters the country and is arrested? A. Q. Yes. I would like to talk to you a little bit about the



interaction that ICE and its agents have with congressmen and congressional staffers. Do you have familiarity with



that interaction and those relations? A. Q. A. Yes. What is that familiarity? Personally, I have been contacted numerous times,



enough that I don't think about specific incidents other than one, because there is a videotape associated with it. But, in general, the contacts that I had, somebody would have been arrested, or even just a detainer placed by me

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and a congressman or senator's office staffer would call and want information related to that arrest or that detainer, and try to find out whether it was prosecutorial discretion, in terms of choosing that person, whether it was a lead, whether it was something from our benefits side of the house, where they give out the green cards, whether they had contacted the duty agent, which was me, and asked us to come over and arrest somebody. And it's an open file -- at least the practical policy in the office was that it is an open file practice; that when Senator Allard's Office called, or more often for me it was Senator -- then Senator Ben Nighthorse Campbell's office called, I would tell them everything. And, you helped them to understand that the constituent, and sometimes not even a true constituent, because it might be an illegal alien that had contacted them, you know, needed to understand we followed the law in applying that detainer or in arresting their family member. Q. Okay. So the congressmen and their staff are



interested in serving their constituents? A. Q. Correct. You are having the face-to-face practical interaction



with relatives of the constituents? A. Correct.

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Q.



And you're communicating with the congressmen or



staff about what is going on in the field? A. I think I answered that incorrectly. Not face to



face with the family members. have contacted them. Q. Right. Right. Right.



The family members would



I am sorry, I may have asked



my question wrong. You are interacting with congressional staffers in order to relay and communicate about the relative who ICE has jurisdiction over? A. Q. Yes. Did you ever participate in any meetings with



congressman, a senator or their staff about immigration policy? A. Q. No. Are you -- strike that. Would you have interacted with criminal defense lawyers? A. Q. Yes. Why would you be interacting with criminal defense



lawyers? A. Because we had a case going on, and the Assistant



United States Attorney assigned would give his blessing, because they get tired of being a go between. many court appearances. They have And



And we get the phone call.



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certainly there are a number of criminal defense attorneys out there that have my cell phone. Q. Okay. And you talked about Assistant United States But that's equally true in the state system



Attorneys.



with busy Deputy District Attorneys; correct? A. Q. Yes. You would interact with criminal defense attorneys on



the state side as well as the federal side? A. Q. Yes. And would you ever be involved in conversations with



defense lawyers who are lobbying to get a particular plea bargain or a particular resolution of the case? A. Q. Yes. And were those defense lawyers lobbying to get the



trespass on agricultural property plea bargain on behalf of their client? A. Q. A. Q. A. Prior to 2006. Okay. So they would do it prior to 2006; correct?



Correct. But not after 2006? The one case that I can think of that was after 2006,



the defense attorney specifically said that he wasn't going to try to get trespass of agricultural land. Q. Okay. And do you know whether or not that change in



policy is a result of the publicity that this issue has

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gained as a result of it being exposed in the Beauprez versus Ritter gubernatorial race? A. When that attorney said that he was making a joke, And it was related to the fact that



but he was serious.



this case was in the news. Q. Okay. And so fair to say, in April 2008, you are not



going to be finding court records like this that say that criminal aliens are pleading guilty to trespass upon agricultural property? A. Q. I don't believe so. You have indicated you have known Cory Voorhis for



almost 10 years now. A. Q. Over 10 years. And you had a cubicle across the way from one another



for several years? A. Q. A. Q. Correct. You have worked on numerous cases? Yes. You've worked on difficult and complex



investigations? A. Q. A. Q. Yes. Are you familiar with his politics? Yes. Do you know whether Cory supported Bob Beauprez for



Governor of the State of Colorado?

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A. Q.



He did not. Do you know whether Cory Voorhis even liked Bob



Beauprez? A. Q. A. He did not. How do you know that? When the district on the -- well, when the Sixth



Congressional District on the west side of town was divided up, I ended up in Mr. Beauprez' district, Cory remained in Tom Tancredo's district. everybody's everything. individual driven. And the way they created the district that was Bob Beauprez' district, really made a crescent around the northern section of Denver, going from the west to the east, basically, to the Commerce City area. And even as And Cory reads --



He's very issue driven, not



Bob Beauprez had a very difficult time during his first election, Cory was not happy with his stances. Of course, he wouldn't be voting for him at that point anyway, because he was not in his district. But



what was for me particularly noteworthy was when Raul Garcia-Gomez shot Donnie Bishop (sic) here, the Denver officer, and Bob Beauprez was immediately in the newspaper as talking with the Mexican Government, Mexico won't extradite on a capital case; in other words, where the defendant might face the death penalty.

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And I think Cory felt that with the death of a Denver Police Officer, what better point for our representatives to really tell Mexico, you know, this is so egregious, and put up a fight to get him extradited, even facing the death penalty. And Bob Beauprez had made



contact -- from the time Raul Gomez-Garcia was actually identified as a physical person, and maybe his location noted. And Cory went ballistic about that. And he just



had to always -- previous to that, called Mr. Beauprez "both ways Bob," and that was probably the final nail in terms of his level of aggravation with him. Q. Okay. I would like to talk to you a little bit about You



the statements Cory made to you on October 17, 2006. asked him if he banged himself in? A. Q. A. Q. Yes. That means that he checked in with supervisors? Have you reported yourself. Voorhis advised you he had discussed the issue;



right? A. Q. A. Q. A. Yes. That he discussed it with management? Yes. And he said there was an investigation? Yes.

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Q.



When the ad in question hit the television stations,



and Governor Ritter's Campaign ended up pointing the finger both at Bob Beauprez's Campaign and a federal agent who had accessed the database, that created quit a buzz in your office? A. Q. A. Q. A. Q. A. Q. Yes. People were talking about it? Yes. Speculating about it? Yes. Worried about it? Yes. Wondering whether an investigation was going to



ensue? A. Q. Yes. And people were talking about whether or not it would



have been a crime to do just that? A. Q. Yes. Because people didn't know whether it was a crime to



do what was being alleged in the newspapers. A. What was being alleged in the newspaper was a crime.



But what had been done was unclear, at least to me. Q. Okay. And when you talked to Mr. Voorhis, he was



upset about it? A. Yes.

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Q. A.



He said he had wished he put more thought into it? He said he wished he put more thought into it because



of the exposure to his family. Q. A. Q. A. Q. Right. Yes. You know his children? Yes. You knew that he was very concerned about what was And his -- you know his wife Paula?



going on because it might jeopardize his family? A. Q. A. Q. A. Q. Yes. Their safety and their well-being? Yes. And when chatted with you, he was nervous about that? Yes. And Mr. Voorhis also talked about his conversation



with John Marshall? A. Q. Yes. He said that he had more than one conversation with



Mr. Marshall? A. Q. A. Q. A. Q. Yes. That Marshall did some research? Yes. They discussed a number of cases? Yes. That -- and you told Voorhis that that was the same

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type of information -- the information that Marshall had was the same kind of information that is available in the public domain? A. Q. Yes. In fact, the information at issue is information that



you include in affidavits in support of arrest warrants routinely? A. Q. A. Q. A. Q. A. Q. Yes. You include state ID numbers? Yes. FBI numbers? Yes. You include A-numbers? Yes. You include information that comes from the NCIC



files? A. Q. A. Q. A. Q. A. Yes. These affidavits end up being filed in court? Yes. Public records? Yes. Available to anybody who wants to look at it? Yes. MR. RIDLEY: THE COURT: If I may have a moment, Your Honor. Yes.

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MR. RIDLEY:



Thank you, Special Agent Jorden. REDIRECT EXAMINATION



BY MR. PHILLIPS: Q. Agent Jorden, I want to walk through some of the



things you testified about and pretty much stick to the order in which you raised them. As far as the duty to



log, you testified about there is supposed to be a log by which you enter things; is that correct? A. Q. Yes. And I don't remember which exhibit you looked at, but



perhaps you can just turn to Exhibit 103A, because it is an NCIC sheet. A. Q. Yes. Okay. And you see the stars and the "Warning Are you there?



Unauthorized Access" and so forth? A. Q. Yes. Go down four lines. Do you see where it says



"ATN/CDV"? A. Q. A. Q. A. Q. A. Yes. Are you aware what ATN stands for? Attention. What are the next three initials? Cory's initials. I beg your pardon? Cory's initials.

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Q. know? A.



Okay.



And whoever is accessing the system, if you



There are two fields that we enter, the "CAR" and the And there is no -- there is a convention



"Attention".



that you can run information for other people, and one of those fields you are supposed to put your information and the other, if it is for someone else, you can put -- or you are supposed to put the other person's information in. So there can be differences between "CAR" and "Attention," or the log in and the attention. Q. Well, the log in is electronic, and it is done by



that field; correct? A. Q. Correct. I'm not sure I caught all of your testimony on Omar,



because I thought what you said is you didn't know Omar's last name; is that correct? A. Q. Correct. And then all of a sudden we were talking about Omar Did you recollect that Omar, the one you were



Nunez.



speaking of, his last name was Nunez? A. I thought Huerta. But I recognized Omar's CCIC by



the address we went to. Q. How about other names that were on at the same time.



Have you ever heard of David Miranda? MR. RIDLEY: Objection, outside the scope, Your

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Honor. THE COURT: THE WITNESS: Q. (By MR. RIDLEY) Overruled. What about David Miranda? I am just asking if that is a name



you are familiar with that Agent Voorhis or yourself was working with as far as a potential criminal? A. Q. A. Q. I don't recall. How about Alexander Nunez? I don't recall. You mentioned that -- well, you brought up the wife



and there having been domestic episodes. A. Q. A. Q. Correct. Was her name Alexandra, if you remember? Her name is Kithia. How about David Alvandado, is that a name that is



familiar to you? A. Q. A. Q. A. Q. A. Q. No. Alfred Gamboa-Torres? No. Walter Noel Ramo, outside of this case? No. Hilaria Deorosco? No. You were shown a SID number in one of the documents.



What is a SID number?

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A. Q.



A state ID number. And does each state have a different ID number, to



the extent it has one for an individual? A. Q. Yes. The number that you looked at, do you remember that



-- can you testify that was a Colorado SID number? A. I think it said Colorado next to them. I don't



recall exactly which form you are discussing, but the majority of the ones we looked at either had Colorado written out or CO. Q. Regarding state files, have you ever had an occasion



to actually go down into the dungeon at the courthouse there and sort through numerous court files? A. Q. Many, many times. And it was not unusual for you to see NCIC type



information? A. Q. No. Did you bring that to anyone's attention and



complain? A. Q. No. Do you realize there are valid reasons why NCIC



reports not be released; for example, if they were in a probation file and the Court had ordered that unsealed? A. Q. I don't know why they were in there. Let me just ask you about your personal case load.

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Are you plenty busy? A. Q. A. Q. I am very busy. Do you know any ICE agents who are not very busy? Yes. By choice or because there is just not work out



there -- not enough work out there, I should say? A. When you say "work" -- and maybe I should ask you to There is a lot of work that is not investigative People have to do the firearms and There are people that have In terms of



clarify.



work in our office.



get everybody qualified.



responsibilities for our computer systems.



investigative work, I probably am the high level case load of my own collateral field training program manager, which sounds like a real training officer, but actually is only for scheduled training at the law enforcement training center, basically just involved sitting at my desk doing e-mails. So, in general, I have the time to do a much



larger case load. Q. Let me ask it a different way, not to defend any



state practice or anything else, because certainly we're not responsible for that or have any say in it. But to



the extent that each of these cases, where they were ultimately pled to trespass, agricultural trespass, if each of those had come over to you, would you have had time to be doing all of those files?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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A.



The nice thing, specifically, about the drug cases is



that they don't require judicial review in order to get people deported. So, basically, if you have the



conviction document for the drug, and enter the biographic information, just a manager within our office is able to sign off. So those are actually very quick to do.



It's the guy who entered illegally and has no criminal history, where he's going to have the opportunity to go before the judge, where there is much more work involved. it's easy. So although it would seem logical that that would reduce the case load, we're actually lauded from doing that type of administrative removal, and it is much easier than putting somebody before a judge and possibly appearing for testimony. Q. If you have a state drug conviction, is what you are When it is just the review of your management,



saying? A. Q. Yes. You spent time over at the Denver Courthouse. If you



are looking at state files, are you familiar with their case loads? A. Q. A. Huge? The state District Attorney for Denver? Huge. It has got to be, because sometimes you go

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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look for files and you can't even find them. Q. Okay. I don't think I am making myself clear. In



the time period that we're talking about where Bill Ritter was District Attorney down here, do you have a sense of how many cases went through his office in a year? A. I have a sense of a 90-day period that I did in 2002,



and these were the drug cases where I was notified as part of the process I did, and it was well over a hundred. Q. A. Well over a hundred cases in 90 days? Just that they are referring to us, and these were



the higher level distribution case. Q. Perhaps you can tell me whether you would agree that,



in fact, the supply exceeds their ability to prosecute every case? A. Q. Is that something you would agree with?



Every law enforcement agency has that issue. Now, you mentioned drug convictions, and we were



talking about drug convictions resulting in state court. Do you remember that? A. Q. Yes. Just as a person can be charged in state court with,



let's say, possession with intent to distribute heroin, that same person can be charged in federal court for that crime; correct? A. Q. I don't know. Have you ever taken a case to the United States

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Attorney's Office with an alien that involved a drug charge? A. No. I once testified before the grand jury for an But other than that,



Aurora cop who didn't make it there.



I have not ever been a case agent on a federal drug case. Q. As a federal agent, are you aware it is against the



law -- federal law to distribute heroin? A. Q. Yes. So to the extent that a charge was pled in state



court on a drug count, that would not prevent a federal prosecution for that same heroin, would it? A. I don't know what the requirements are for the



federal crime. Q. So you think that the federal crime of distribution



of heroin might be different than the state crime, as far as elements? A. I don't know if there is a threshold on the federal



side that it has to exceed some amount for it to be a federal crime, to be considered the same distribution. There can be different amounts of a drug that are required even in different states. Certainly with marijuana, some



states charge a joint and some an ounce. Q. When you say "threshold," are you talking about



statutory or about the United States Attorney's Office says we don't want it unless it involves this?

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A. Q.



I don't even know what the statutory level. Okay. You said that in 2008 you would be surprised



to there being an agricultural trespass reduction in felony in the state system; is that right? you testified? A. Q. Yes. Is that because some other charge has now become the Is that what



charge to achieve the same end? A. I don't know. I haven't -- we have given that whole



process of going to the jails, to the detention and removal section. And I was not in that unit since 2003.



So I don't know what the trends are. Q. It now being year 2008, do you consider all of the



problems solved, as far as the ones you were describing with reduction in charges in state court? with? A. I don't know. I would have to guess that it's Is that over



lesser, but it would still just be a guess because I don't know. Q. You testified that Agent Voorhis did not like



Congressman Beauprez either; is that right? A. Q. Not either. I happen to like him. He did not -I am not talking



That is my poor use of language.



about whether you liked him.



I am talking about whether



Agent Voorhis liked him as well as, say, ex-DA Ritter?

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A.



I never heard him say anything bad about Bill Ritter.



I certainly heard him say a lot about Mr. Beauprez. Q. His problem with Congressman Beauprez, if I



understand your testimony, is he didn't think Congressman Beauprez was doing a good enough job on immigration; is that right? A. I think the example I gave was the criminal side, in



terms of representing the United States' interest. Q. You testified that search warrant affidavits are



available to the public; is that right? A. Q. A. Yes. In every court? Oh, I don't know that. My search warrants here are



available. Q. With everything that you've testified about on



cross-examination, do you still agree that for an ICE agent to use NCIC information for personal use would be illegal? A. Q. Absolutely. There was some testimony that is a little near and



dear to us as federal prosecutors; that is you and Mr. Anderson had had problems? A. Q. Yes, that is correct. And that occurred at a meeting to go over testimony



and go over reports; is that correct?

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A. Q.



Yes. Would it be fair to characterize your two



personalities as oil and water? A. Q. No. Do you think that you two are just not bound to get



along, should we say? A. Q. No. Let's come back to that in this context. You have



referred to the report -- the 302 that was done by the FBI agent after interviewing you. A. Q. Yes. And you had various problems with that report the way Do you remember that?



it was written and whether it was accurate; is that correct? A. Q. That is correct. And then you and I, after you had met with Anderson,



sometime after that -- weeks, I believe, you and I sat down and went over the report line by line; is that correct? A. Q. A. Q. Yes, we did. And were you treated fairly by me? Have you done anything to change the situation? Well, when you and I were sitting down, did I have a



pen in my hand, and each time that you mentioned that there was something inaccurate in this report, I made a

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notation of that. A. Q.



Do you remember that?



I do remember that. And the questions that I asked you during your direct



examination, were they all in accordance with the way you told me this report should be changed? A. Q. Yes. And I'm certainly not seeking to belittle any of the You're precise with language;



changes that you suggested. correct? A. Q. A. Q. I am. That is a good quality? For an agent, it is.



One complaint that you had with the FBI is that they



were referring to you to -- well, "Jorden knew Voorhis was talking about the, quote, Medina, matter, unquote." you remember that? A. Q. Yes. And you didn't like that they had put the word Do



"matter" in quotation marks, because you hadn't said that word; correct? A. In its entirety, in looking at the report, there are



numerous quotes that I don't believe applied, and that was one of them. Q. Another example would be that the report said that



"Voorhis was very upset over the matter, and he told her

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that he wished that he had put more thought into what he had done." And then there is a sentence, and then there "Voorhis told Jorden that he was



is a third sentence.



very worried about how this matter was going to impact his family." Your complaint there is that the first sentence and the third sentence should have been one sentence, without one in the middle; is that correct? A. Q. I had not stated the one in the middle. Well, the one in the middle is "Jorden believed he



was talking about running Medina's name and being the source." A. You hadn't told the FBI agent that?



At a point I said that it was -- that I believed it I did not say that I



was related to being the source.



believed he was nervous or uncomfortable or worried about his family's exposure because of running the name. Q. All right. And not to belabor this, a third and



final example at the end of this report -- which is actually two pages of text; is that correct? A. Q. Correct. At the end of this, it describes your telephone call



to Agent Voorhis on October 19, 2006, at 4:39 p.m. And you -- the report -- "he was at home" -- I will skip that one. "During their conversation, Jorden told Voorhis that it was against the law to use CCIC for personal use, and he

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replied, "Yes.""



Your problem there is that this



paragraph did not include the context, which was why was this a media explosion? A. My problem with that is when I read it, I remembered And



that we had actually discussed that the previous day.



that the reason I told Special Agent Castro about the 4:39 statement was because it directly followed me explaining that -- it was in response to a question from Mr. Castro that, yes, we had actually discussed that in the break room, and that the reason there is such a big media explosion is because there is an allegation that an agent, known to be Cory now, had run this for personal gain. And I then said to Mr. Castro, "And I spoke with him last night." And I said the same thing I did on the



17th, and he agreed, it is against the law to run NCIC for personal use. Q. But that was what the media had alleged.



And just a couple of quick questions about your When you met with Mr. Anderson and you



dealings with us.



described how he treated you, in your view, did he express impatience about what he considered at least to be your inability to stay on the point he was talking about but to go off on tangents? A. Is that what he was frustrated about? We had not even begun a



Not at that point.



discussion.



I started the meeting, which is possibly my



error, because it was the first time I ever saw the

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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report.



And I tried to explain to him, as I explained to



you, that there was a motion before Judge Kane that included these same quotes. And now I'm seeing it in the



report, and I didn't understand why they were in that motion. Once I see the report, I see that the error actually initiated was initiated, in general, by Mr. Castro. I didn't understand how they had gotten into All of



the motion, that you have now told me you wrote.



that was presented to Judge Kane, and that was the point that I was trying to make. By the time we had had the



meeting with Mr. Anderson, of course, it's too late, it has been presented. Q. Okay. And then after that meeting was over --



unsuccessfully, I think. A. I thought it was very good. He apologized for his We had a good meeting



behavior at the very beginning. after that.



He apologized to me and said, "You know, when But



I first came in, I had had a problem at the office."



I think we went over everything in detail and thought it had been successful. Q. Well, certainly when you and I met we were patient



and good to each other? A. Q. Correct. And nobody has ever asked you to testify to anything

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other than the truth; correct? A. Q. No, I think John Elvig testified to the motion. My question is, none of us representing the Federal



Government, and I suppose particularly me and Mr. Anderson, have never asked you to testify to anything but what you understand to be the truth; correct? A. Correct. MR. PHILLIPS: of Ms. Jorden. THE COURT: down. Next witness, please. MR. PHILLIPS: Your Honor, the United States calls Thank you very much. You may stand Your Honor, I have nothing further



Anthony Rouco, Your Honor, Special Agent. THE COURT: May we have your attention, please.



SPECIAL AGENT ANTHONY ROUCO having been first duly sworn, testified as follows: COURTROOM DEPUTY: Please be seated.



State your full name for the record and spell your last name. THE WITNESS: Anthony Rouco, R-O-U-C-O. DIRECT EXAMINATION BY MR. PHILLIPS: Q. A. What is your employment, sir? I am a supervisory Special Agent with Immigration and

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Customs Enforcement. Q. How long have you been with ICE, to begin with, Agent



Rouco? A. Since inception in March of 2003. Prior to that I



was a Legacy INS. Q. A. How long have you been with INS, which is what? Immigration and Naturalization Service. Since June



of '88. Q. So when Customs and Immigration were married, you



came from the immigration side? A. Q. Correct. And is that your area of expertise, as opposed to



customs? A. Q. A. Yes. As a supervisor, what are your duties? Basically, oversight of any of the groups I am And currently that is the



responsible for supervising. Cyber Unit. Q. A. Q. A. Q.



How many special agents do you look after? Probably about right now it is nine. I am sorry, nine? About nine. They just did a re-alignment. Under what Under what



How do you relate with them?



circumstances do they come to you?



circumstances are you looking over their shoulder and

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helping them? A. I am basically a hands-off type guy. So they will



come to me if they need some oversight, but I am fortunate to have a good unit, so they are low maintenance. Q. Were you ever a supervisor for the defendant, Cory



Voorhis, when he was -A. Q. A. Yes. And when was that? Over the years, probably the last time being from



September of 2003 to July of 2007. Q. Do you do anything -- have you taken anything on



yourself to educate the state district attorney prosecutors in terms of the effect of their charging and disposition decisions on immigration? A. Q. Yes. Describe for the jury what you are talking about



there, please. A. Basically, go out and give outreach to DAs and the



law enforcement community regarding the consequences of plea agreements regarding foreign nationals and what consequences that has as opposed to a deportation; how it can affect deportation. Q. A. Q. How long have you been doing that? A number of years. And what is the reception that you receive?

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A.



It is usually good.



I go with one of our ICE We



attorneys, and she answers most of their questions. give an overview and pass out outlines of what the consequences are. Q.



While state prosecutors know about state law, have



you found they are familiar with federal law, such as immigration laws? A. Q. A. Q. No. And is that why you are providing the training? Yes. Agent Rouco, I want to take you to October 2006. Do



you remember that month? A. Q. Yes. And, specifically, you are familiar with the



allegations the Government has made in this case; is that right? A. Q. Yes. All right. You may not know this, but I will just



tell you that Monday is -- October 16, 2006, is a Monday? A. Q. Okay. Were you speaking to Agent Voorhis within that time



frame? A. Q. Yes. Okay. And when is the first time, if ever, that he



brought to your attention that he might be connected in

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some fashion with the political advertisement? A. Q. The week before. The week before the one that begins the 16th --



October 16th? A. All I remember is a Monday when Cory ended up going It was the



to the SAC office and invoking his rights. week prior to that. Q. A. Do you remember what day of the week?



It was either -- I am thinking it was Thursday or



Friday. Q. A. Q. A. So that would be October 12th or 13th? Possibly. What was the nature of the conversation? Basically, Cory just came in and said, "Hey, that That's about it.



stuff, I'm the source." Q. A.



What was your understanding as far as "that stuff"? My understanding was that he had run some names that



had been in the paper previously to see if we, ICE or INS, had done the right thing, and basically had informed somebody to go look at something and they might find some plea agreements that shouldn't have been made. Q. When that visit began, were you familiar with



television ads that were running in the Beauprez/Ritter Governor's race? A. Yes.

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Q. A. Q. A.



And was your conversation relating to that? Yes. And what way? Basically, I asked Cory if he had given them the He said, "No." Or if he had given any paperwork



names.



over to Beauprez, and he said, "No." Q. not? A. Yes. And the way I read -- how I felt he meant "the So he acknowledged being the source of information or



source," is that he had called somebody and said, hey, look at this particular area and you might find something different than what is put out in the public. Q. Did you ask him whether he turned over any NCIC



materials? A. Q. A. Q. Yes. What did he say? No. Did you ask him anything about the location of the



telephone calls between him and whoever he was speaking to about these? A. I did. I asked him if he had made a call from work



or home, and he said he believed it was from home. Q. And when you are asking that question, who are you



talking about him having called? A. I believed it was to be a staffer of Bob Beauprez.

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Q. A. Q. run? A.



Did he say that -- Agent Voorhis say that? I think he mentioned John Marshall. Did he explain why he had run the names that he had



Just to make sure that we, as an agency, had did the



right thing, and meaning that we had placed a detainer, processed them, and made sure they were removed from the country. Q. Did he say -- did he give you some sort of a time



frame in terms of when he would have run the names in relation to something that had occurred in the newspaper? A. Q. No. Not that I remember.



Was there any connection between what had run in the



newspaper and then his trying to investigate that based on your conversation with him? A. Basically, I was under the impression that once they



came out on the ads, he had run the names to make sure we had done the right thing, and that we weren't going to get blasted like we usually do. Q. Are you familiar, as a supervisor with ICE, the rules



on disclosure of this sort of information? A. Q. A. Yes. Tell the jury what the rules are. Basically, by statute, people who are here as a



lawful permanent resident, green card or a naturalized

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U.S. citizen, are protected by the FOIA Act.



Illegal



aliens, by statute, are not afforded the right of privacy. So, basically, if somebody asks you for something out of an illegal alien's A-file, you can turn that over. Q. That is a different question than NCIC. Can you run



NCIC for a non-law enforcement purpose to learn information about an illegal alien? A. Q. When you say "non-law enforcement," I am not sure. Let's just do a hypothetical. You are aware of the



allegations in this case that the names were run for -- to hand over to a political campaign, that ended up in an attack ad. A. Q. A. Yes. Would that be authorized by your understanding? A campaign, no. But if it was a senate -- like a Are you familiar with that?



congressman, or senate political figures call a lot for stuff, and there is a statute, too, that we are required to give them information. Q. But the campaign, no.



And if a congressman calls, is there some sort of



chain of command? A. What typically happens is what -- when we were INS,



Citizenship and Immigration Services, which is the exams part of immigration, they used to get a lot of calls because people would apply for benefits. What happened is



usually somebody would call over there, and if they refer

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files over to investigations for, like, marriage fraud, they would say, so and so investigation has the file, call them. Usually, a staffer would call that agent. no, per se, chain of command on that. just basically took that information. them, like, case specific stuff. There is



Under old INS, you You didn't give



You just said, hey, I



can't give you that, we are looking into it, it is ongoing, kind of deal. Q. If one of your special agents was talking to -- let's



just use this one, a congressional office, not a campaign, but a congressional office, would that be something that you would want to know about? A. Q. Yes. And would there be an expectation in your office that



that should be shared with you? A. Q. A. Yes. Based on what? Actually, there is -- we recently learned of a policy



put out in 2004 saying congressional stuff, that usually if you were going to initiate something, you had to report it. But if you received calls, you know, most of the time



you answered your phone and just gave them the information. Q. How about talking to the press; what are the rules

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there? A. Oh, no. We have a PI over that. So we just route



all of the calls to them, unless you are delegating, unless they want you to specifically talk to someone. Q. A. Q. A. Are you familiar with what CIS is? Yes. What is this? It is acronym for an immigration database known as



the Central Index System. Q. A. Q. A. Is that available to ICE agents? Yes. What do you find if you go into the CIS system? CIS documents are supposed to document any contact



that the former INS or current CIS or ICE, if they had contact with a foreign born national, if they were contacted by law enforcement or applied for an immigration benefit, it should be documented in that system. Q. That database provides some sensitive information; is



that correct? A. Q. A. Yes. You hesitate. What does it contain? Maybe



Basically, it is a biographical information.



the type of application, arrest data, FBI number, SID number, deportation date, whether they were granted a benefit or not, court hearing date, immigration court

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hearing dates. Q. What are the rules in terms of disclosing that sort



of a document? A. Once again, it would go back to if they were a lawful



permanent resident, naturalized U.S. citizen or illegal alien. Q. A. What is the distinction? An illegal alien has no -- is in the United States in They are not -- anything in the file we The general public has



violation of law.



could turn over if somebody asks. to file a FOIA request. Q. A. file. Q. A. Q. A.



What do they get if they file a FOIA request? Basically, anything they ask for that was in that



Out of the Central Index System? No, actually the A-file. The A-file? Which might have some of the Central Index System



stuff in it. Q. What other database are available to ICE agents in



investigating crime? A. There is a number of them. There is TECS, DMV



Lexis/Nexis, Accurint. records.



It is similar to LexisNexis.



There is Intel stuff.



There is one specific, Probably numerous other



Avalanche, that is recently new.



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ones I am not able to name. Q. Let's go back to the Central Index System. If an ICE



agent were to access information off of there concerning a permanent legal resident and provide that to a political campaign, would that be a problem? A. Well, it all depends. They provide it to the



campaign? Q. A. Yes, that agent does. In what content? Basically, a campaign you weren't But if it was a staffer, you could



supposed to deal with.



give them, basically, the guy has a green card. Q. The distinction you maker there, a staffer works for



the congressional office, itself? A. Q. Right. Right.



Whereas a campaign is more of a separate -- well, it



is a separate entity all together? A. Q. A. Q. Correct. Designed for separate purposes? Correct. And so it may be okay to be talking with your



congressman, your law maker, representative in Congress, but that the political campaign would be different; is that your testimony? A. Q. Correct. Are there any rules in terms of even sharing this

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sort of information, NCIC information, let's say, with fellow law enforcement? A. You know, I am not sure. I am not sure because I



don't use NCIC as -- I use it as a go-by, not as a standard. Because most of the stuff entered in there is So you have to check everything



not admissible in court. anyway. MR. PHILLIPS: please? THE COURT: Yes.



Your Honor, may I have one moment,



MR. PHILLIPS:



Judge, if only majority ruled.



We



are asking if the Court will break at this time. THE COURT: 3:15. Yes. It is just a few minutes before



We will take the break now. (A break is taken from 3:14 p.m. until 3:34 p.m.) THE COURT: It is not often I get to say something



like this, but I want you to know that all of the attorneys suggested this. They're all trying to curry



favor with you, but they all got together and asked me -there is a ball game, the opening day game, and traffic is going to be hellish. So we are going to get out at 4:30, at their suggestion. So we can get out of here and beat the



traffic or run over and catch the ninth inning. Okay. Go ahead. Thank you, again, counsel.



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Q.



(By MR. PHILLIPS)



Agent Rouco, can you turn to what



is marked Defendant's Exhibit V, as in victor, in the book in front of you, please. This is a Central Index System Do you see



document with the name Carlos Estrada Medina. that? A. Q. Yes.



What would the ICE policy be on releasing this very



document to a non-law enforcement person? A. I am not sure if they filed a FOIA request -- CIS is



the custodian of records, if they would get the FOIA request. So I am not sure if they would release that if



it is in the file. Q. So absent a FOIA request, this document should not be



released to non-law enforcement people? MR. RIDLEY: THE COURT: Q. Objection, leading. Sustained. Is there a way for the general



(By MR. PHILLIPS)



public to receive this document other than a FOIA request? A. Not that I am aware of. MR. PHILLIPS: Honor. Thank you. THE COURT: Thank you. CROSS-EXAMINATION BY MR. RIDLEY: Q. Good afternoon, Mr. Rouco.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



Nothing further at this time, Your



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A. Q.



Good afternoon. Do you go by Special Agent or Approved Supervisor



Rouco? A. Q. A. Q. Tony is fine. Excuse me? Tony is fine. That may be a little too informal. How about



Mr. Rouco? A. Q. A. Q. That is fine. You are familiar with Cory Voorhis' job description? Yes. And if you open up Defendant's Exhibit notebook to Do you have it,



No. C, you will find a document in there. sir? A. Q. Yes. I am sorry, I don't have mine.



And C describes the



various -- it defines the parameters of Agent Voorhis' job? A. Q. A. Q. A. Q. Yes. It sets forth the work that he is supposed to do? Yes. How he is supposed to do that work? Correct. The nature of the work that he is tasked with doing



as a special agent?

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A. Q.



Yes. And you're generally familiar with that document,



aren't you? A. Q. Generally. You are familiar with it because it is what you use



in evaluating Mr. Voorhis; is that correct? A. Q. Correct. And Mr. Voorhis isn't the only senior special agent



that you supervise, is he? A. Q. A. Q. A. Q. No. How many do you supervise all together? Five, currently. Pardon me? Five currently. Okay. Certainly over the years you have had a



multiplier of five; probably several dozen? A. Q. Yes. You understand that consistent with the introductory



statement in the description of criminal investigator GS 18-11-13, that "A Senior Agent applies the full range of investigative knowledge, skills and ability to conduct a variety of extremely complex, difficult, sensitive, anti-terrorist activity and criminal investigations"? A. Q. Right. Those criminal investigation concern enforcement of

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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the laws of the United States? A. Q. A. Q. A. Q. Yes. The immigration laws of the United States? Yes. As well as rules and regulations? Yes. And if you turn to the second page of that document,



the top full paragraph, "An agent such as Agent Voorhis is entitled to use traditional and non-tradition investigative techniques to obtain evidence"? A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Yes. Such as electronic surveillance? Yes. And interrogation? Correct. Polygraph examinations? Correct. Physical surveillance? Yes. Controlled deliveries? Yes. Cold convoys? Yes. What is a cold convoy? I am not sure.

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Q. A. Q. A. Q.



Documentary searches? Yes. And cultivation and use of paid informants? Correct. And agents such as investigator Voorhis also prepare



affidavits? A. Q. Yes. Affidavits are documents sworn under oath that agents



submit for different purposes with courts; right? A. Q. A. Q. A. Q. Correct. An arrest warrant is an example of that? Yes. A search warrant? Yes. And when they prepare those affidavits, that



affidavit typically relates to a certain aspect of the investigation that they have been performing? A. Q. Correct. And it is going to contain all sorts of information,



both sensitive and not sensitive? A. Q. Correct. And certainly in affidavits that are prepared, it is



going to contain identifying biographical information? A. Q. Correct. Name?

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A. Q. A. Q.



Yes. Date of birth? Yes. And physical characteristics sometimes; height,



weight -A. Q. At times. -- race? It is up to the senior special agent to



determine when and to what extent different types of investigative techniques are used; correct? A. Q. Correct. And the senior special agent has considerable



latitude in terms of deciding how to get his or her job done? A. Q. Yes. You would agree that a special agent receives



assignments in terms of broadly defined mission objectives? A. Q. Yes. And that a special agent plans and carries out their



work independently? A. Q. Yes. Establishes priorities, setting deadlines and



determining the scope and intensity of his or her efforts based upon the needs and objectives of the agency? A. Yes.

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Q.



So unlike a lot of jobs, a special agent isn't a 9:00



to 5:00 job? A. Q. A. Q. A. Q. A. Q. Correct. It is not a job where you keep set hours at all? No. It is really based upon the individual's case load? Yes. The needs required by any particular case? Correct. And that often includes working well into the



evening? A. Q. A. Q. A. Q. Yes. Weekends? Yes. Odd times? Yes. It is not a type of job where an agent is required to



punch in at a certain time? A. Q. A. Q. No. Or punch out at a certain time? No. There is limitations on the jobs imposed by statutes;



the laws of the United States of America? A. Q. Yes. Different rules and regulations?

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A. Q.



Yes. And various constraints and resources in the budget



and the like? A. Q. Correct. Mr. Voorhis is an agent who has dealt with subject



matters that are complex? A. Q. Yes. And he has spearheaded complex international



investigations? A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. Yes. Involving conspiracies? Yes. Money laundering? Yes. Racketeering activities? Yes. And often with many different jurisdictions? Yes. Different state jurisdictions? Yes. Such as district attorneys offices or police



departments? A. Q. Yes. As well as working with treasury agents for -- I But he's certainly worked



guess they're within ICE now.



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with treasury agents, FBI agents, and other federal law enforcement officers? A. Q. Yes. And in those more complex cases, oftentimes he works



with a group of people? A. Q. A. Q. Yes. A team of people? Yes. And in those cases that you've supervised him, you've



oftentimes worked shoulder to shoulder with him? A. Q. Yes. And are involved in different aspects of the



investigation? A. Q. Yes. A special agent such as Mr. Voorhis is involved in



investigations that have a high degree of sensitivity? A. Q. Yes. That sometimes premature news coverage can compromise



the integrity of the investigation? A. Q. Absolutely. And can compromise the progress that has been made to



a certain point in connection with that investigation? A. Q. Yes. And his job description contains statements that



"Sustained and widespread news coverage could result

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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because of public, media or congressional interest," correct? A. Q. Can you repeat that? "Sustained and widespread news coverage could result



because of public, media, or congressional interest"? A. Q. Yes. Yeah. Are you saying the results based on that stuff? Either the nature of the investigation, the



material that is being investigated, it is high profile and it attracts interest? A. Q. Yes. Sometimes the investigative work that a special agent



such as Mr. Voorhis is conducting becomes precedent setting because of the nature of the cases involved? A. Q. Yes. And the job of a special agent for ICE requires a



high degree of originality and initiative? A. Q. Yes. Because investigations involving activities as we



discussed oftentimes involve several states? A. Q. A. Q. Yes. And overseas work? Yes. And the people who are being investigated often hire



really good lawyers? A. Oh, absolutely.

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Q. A. Q.



And accountants, as well? Correct. The results of investigations constitute -- and if we



can turn to page -- well, it is Bates No. 317 at the end. That top paragraph, if you could blow that up. "The results of the investigations constitute --" and I am looking at that last sentence "-- deterrents to future crimes and violations." A. Q. Yes. "And leads to changes in law or future court Is that correct?



actions," correct? A. Q. Correct. "Investigations result in alleviating such societal



ills as terrorist acts," correct? A. Q. A. Q. A. Q. Correct. "Human and drug trafficking"? Yes. "And organized crime"? Yes. You've worked with Mr. Voorhis in cases that involve



all of those last three things that were mentioned; right? A. Q. A. Q. Yes. And Agent Voorhis is an excellent agent? Yes. He is, in your office and over your tenure, he is

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somebody that you've worked closely with? A. Q. A. Absolutely. You mentored him? Cory has pretty much mentored himself. He came and



hit the ground running. Q. You certainly -- he certainly, within your office, he



has been an outstanding officer? A. Q. Yes. In September and October of 2006, Agent Voorhis



really had two different supervisors? A. Q. A. Q. A. Q. A. Q. Yes. He had yourself? Uh-huh. And Kathy Edgell? Correct. Ms. Edgell is a Legacy Customs' agent? Yes. She's an agent who arrived in the Denver office in



about July of 2006? A. Q. Yes. And by the time -- by September, October of 2006, she



was Mr. Voorhis' primary supervisor? A. Q. Correct. And, however, you continued to supervise Mr. Voorhis



on a couple of different matters?

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A. Q. A. Q. A. Q. A. Q.



Mainly his Castorena case. The what? Document fraud case he was conducting. How active was that in September, October of 2006? Oh, it is still very active. So the two of you were working together on that? Yes. And did you -- were you working at all on the Bosnian



case with Mr. Voorhis? A. Q. Yes. And how about -- was any of the work that Mr. Voorhis



was doing out at the airport still going on -A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. Yes. -- in September and October of 2006? I believe so. Were you involved with that? At the airport stuff? Yes. Yes. Yes. Yes. You were supervising him on that? Yes. Do you remember a controversy that arose in September Are you talking about the outbound stuff?



of 2006 related to Governor -- I am sorry, then candidate

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Bill Ritter's record while he was the Denver District Attorney relating to plea bargain deals in connection with illegal immigrants? A. Q. A. Q. Yes. When did you first learn about that? Basically, when the ads started airing on 9 News. Okay. And when you are talking "the ads," you are



talking about the attack ads that occurred that were launched by the Beauprez Campaign? A. Q. Yes. There were articles in the Denver Post as early as Were you aware of the articles



September 30th of 2006.



that were in the newspaper in September of 2006 concerning the plea bargain policy? A. I don't recall if I -- I know I didn't read them, but



I don't know if there was talk in the office that the articles appeared in the paper. Q. A. You don't know whether or not you read them? The Denver Post, I didn't read. I don't read the



Denver Post. Q. A. How about the Rocky Mountain News? There was a couple articles in there also, but I



can't remember the date for them. Q. And do you recall -- well, you have a family,



Mr. Rouco, don't you?

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A. Q.



Yes. Your family -- do you have some -- a young boy or two



young boys? A. Q. A. Q. A. Q. A. Q. Three. Three young boys. 17, 14 and 10. And are they involved in sports? Yes. Do they play football? Yes. Two of them do. Ages?



And do you recall -- and I know it is a long time



ago, but in September of 2006 -- well, strike that. You also know Mr. Voorhis has young children? A. Q. A. Q. A. Q. A. Q. Yes. And one of his sons plays football? Yes. Saturday morning? Correct. In the fall? Yes. Do you recall having a conversation with Mr. Voorhis



in the fall of 2006, September 2006, about Bill Ritter's immigration policies? A. You know, we had various conversations about the plea



agreements; Denver being one of the jurisdiction doing it.

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But I think we talked about a lot of the jurisdictions and plea agreements. Q. And do you recall talking to Mr. Voorhis on the cell



phone on Saturday morning when Mr. Voorhis was at his son's practice or game, and I think you were also at one of your son's practice and games? A. Q. Off the top of my head, I don't recall it. Have you had had an opportunity to review your



telephone logs during this time period? A. Q. A. Q. No. Okay. No. Why don't you turn to Exhibit 212. Are those your phone records? I am sorry, A9, Do you know they are an exhibit in the case?



please. A. Q. A.



They appear to be. And if you could look up September 30th at 10:09 a.m. You won't show my boss all these calls, will you, September 30th at



because I am way over my minutes. 10:09? Q. A. Q. A. Q. A. 10:09. Okay. And there is an inbound call? Yes.



And it tracks to (303) 472-2086, I think? That is my number.

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Q.



I am sorry.



I am not very good at reading these.



Do



you know who -- there is another 472 number, 2049? A. Q. A. 2049, yes. Is that Mr. Voorhis' number? I would assume it was him. I can't remember his



phone number at that time, but I guess that was it. Q. Okay. And let's see, so as you sit here, you don't



recall offhand what Mr. Voorhis' phone number was? A. No. Basically, I have the numbers programmed in my



phone, and I hit the name and it calls. Q. A. Q. Okay. No. Do you have your phone on you? It is in the room back there.



Would that refresh your recollection as to what



Mr. Voorhis' cell phone number is? A. No, because when he came back, he got a new phone.



So his new phone number is in there. MR. ANDERSON: We will stipulate that is



Mr. Voorhis' phone number. MR. RIDLEY: THE COURT: Okay. Sorry, Judge.



You will stipulate? We will stipulate, but it should



MR. ANDERSON:



have been Mr. Phillips, because it is his witness. THE COURT: MR. RIDLEY: an article.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



All right. If I may approach to show the witness



763



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THE COURT:



Certainly. It may not do any good. You



(By MR. RIDLEY)



indicated you don't take the Denver Post? A. Q. A. Q. Correct. And you don't read it? No. So an article that was in -- let me ask you, would



you have read -- strike that. Do you recall having a conversation on a Saturday morning in September with Mr. Voorhis about his having read an article about the plea bargain policy. A. No, but that doesn't mean it didn't happen. I just



can't recall it. Q. A. Q. Okay. Right. And a couple of days later, there is another article And are you familiar with your badge -- how You don't recall one way or another?



in the Post.



your badge works at the ICE offices? A. You scan it, and usually you get a green light and



the door unlocks automatically. Q. A. Q. And you and Mr. Voorhis work in different units? Yes. There is badge records that have also been stipulated Have you had a



to as a part of record in this case. chance to review any of those?



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A. Q.



No. And so you don't know -- and I think it is far beyond



my ability to actually try to walk you through the technological record, but those records reflect Voorhis coming to your unit about a half dozen times on the 2nd of October. Do you know if the two of you had conversations



in your office about the -- what are now two newspaper articles about Ritter's plea bargain agreements as of that date? A. Yes. I remember talking about that. I was not sure



of the dates, though. Q. Okay. And what do you recall about those



conversations? A. Basically, it was about the articles and the plea



agreements and whether I was always frustrated with the plea agreements that aliens got, and which I affirmed. Q. Okay. And do you recall at that time that



Mr. Voorhis mentioned that he had given some information to somebody with whom he was working with at -- with Congressman Beauprez? A. Q. A. Q. A. I don't specifically recall that at that time. Okay. No. Okay. He may have, he may not have? But you don't recall one way or another?



I don't know if I'm missing a week later or two weeks

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later with that conversation. Q. A. Q. Okay. Yes. And whether you have your first conversations in the It was a long time ago?



end of September, early October, or a couple weeks later, you don't recall? A. Q. Correct. But you recall Voorhis informing you that he had



given information to -- that he had had some conversations with somebody from Beauprez? A. Q. A. Q. Yes. And he provided some information? Yes. And the information that he provided related to the



immigration policy? A. Q. you? A. Q. No. Because Agent Voorhis, as a special agent, is Correct. Plea agreements.



And you didn't have a negative reaction to that, did



entitled to have conversations with congressional staffers? A. Q. A. Correct. He's entitled to exchange information with them? Correct.

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Q. A. Q.



And provide information on immigration policies? Yes. Indeed, there has been testimony in court today that



congressmen would come by the ICE offices and chat with SAC Copp? A. Q. Yes. I am using an acronym. I should stay away from that.



Special Agent in Charge Copp? A. Q. Yes. And a Charles Heatherly, the chief of staff for



Congressman Tancredo, was also at that meeting? A. Q. Yes. It wouldn't be unusual at all to have that kind of



communication flowing between ICE and congressional offices or congressional staffers? A. Q. No. Okay. Actually it is common. And Special Agent Voorhis also, because of the



level of seniority he has, he is somebody who, at least back in 2006, would frequently engage -- well, he would frequently be asked to be acting supervisor? A. Q. Yes. And during that time period, his supervisor, Kathy



Edgell, was frequently out of the office? A. Q. Frequently, yes. That is because her father was going through some

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serious medical situations? A. Q. Yes. And she was doing a lot of caretaking with her



father? A. Q. That's correct. And during that time period, Agent Voorhis would



effectively kind of step up to that next level to become group supervisor? A. Q. A. Q. Correct. On the same par and on the same level as you? Yes, he would. I would like to talk with you a little bit about the



merger of the Customs Department and the Immigration and Naturalization Service. A. Q. Okay. That occurred in response -- that merger occurred in



response to 9/11? A. Q. A. Q. A. Q. Correct. Congress overhauled many federal agencies? Yes. They created the Department of Homeland Security? Yes. They married these two agencies; Customs and



Immigration? A. Yes.

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Q. A. Q.



That marriage has not been without its difficulties? Correct. And part of the difficulties with that marriage is



that the two agencies have two very different customs? A. Q. Correct. There were two very distinct missions.



And why don't you just tell us about the problems



associated with it. A. Basically, immigration law is quite complicated. When we It



is not as black and white as everybody thinks.



merged, we were still separated by office, but we basically dealt -- we were so understaffed for years, that basically we handled all of the criminal aliens, all kind of investigations relating to Title 8, that it was so high speed. And Legacy Customs was more of a pro-active kind



of deal; that you could actually -- it was a workable-type situation, if you will. Q. Were there other problems in connection with the



merger? A. Yes. Basically -- in fact, I was on detail to



Washington as a special assistant after the merger and worked for the assistant secretary. Basically, there were



issues regarding immigration training, related to customs training. The academy -- we were short two classes that



gave us -- I can't remember the term; full-fledged criminal investigator things. And that was a big



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distinction at the time, because they didn't consider us real special agents. Types of investigations was -- always came into play, because they didn't think immigration violations or Title 8 violations are complex, as opposed to their types of investigations. Just about everything you could name



when two companies merge came to light during -- still are coming to light as we speak. issues. Q. And the issues also have to do with rules and There are just lots of



regulations, don't they? A. Correct. We had two different -- there were two For example,



different policies for similar things.



Customs people, they had to basically get permission to talk to any congressman. INS, basically you got called by



congressmen on a weekly basis wanting to know if people -why somebody was under investigation or why they hadn't gleaned a benefit yet. were all different. Q. Okay. And fair to say that the TECS system, itself, So policies, rules, regulations



also created certain problems and issues? A. Q. Correct. And what issues were created -- first of all, what is Where did it come from?



the TECS system. A.



Treasury Enforcement Communication System, I believe,

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was a Legacy Treasury database that Customs would document their reports of investigation in. INS had something We had a computer



called -- I forgot what it was called.



base, but it wasn't a -- TECS is actually a link nationwide that anybody can query stuff. lookouts. You can put



INS didn't have that kind of computer database



at the time. Q. Okay. And is it your experience that people from



Customs use and treat that TECS system differently than the immigration officers? A. Q. way. In what way? In terms of just day-to-day work. Let me ask it this



My understanding is that Customs has used the TECS



computer system for years and years? A. Q. Forever. It is a DOS-based system.



And that DOS-based system is something that they



have -- they're accustomed to basically tracking their activities, tracking cases, and those types of things? A. Q. Correct. Correct.



Immigration guys just aren't as used to using the



system and, as a practical matter, don't use it as much? A. Well, it is mandated to use for reports. So there



are memorandums about that.



But on the other end of the



spectrum, we had Enforce that processed aliens, so they had to learn that, also.

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Q.



And would you agree with me that there is



considerable confusion about a lot of different policies, procedures, and requirements in terms of various aspects of doing one's job in ICE? A. Q. Yes. And it is a confusion, again, that is created by this



strange marriage of Customs and Immigration into one agency? A. Q. Correct. There has been discussion about various documents,



such as exhibit -- Defendant's Exhibit V, which was something from the Central Index System. And you



discussed on direct examination that there is various policies related to the dissemination of that document? A. Q. Correct. The dissemination of that document is not like Cory



Voorhis is being charged with a federal crime; is it? A. Q. Not that I am aware of. The dissemination of that document isn't something --



well, you don't get that from the NCIC system, do you? A. Q. A. Q. No. You don't get it from the CCIC system? No. You don't get it from a federal database that is



unrelated to the immigration database?

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A. Q.



That's correct. This is something that -- the Central Index System is



something that immigration officers use routinely? A. Q. A. Q. A. Q. Correct. They go and obtain information? Yes. That information becomes part of an A file? Yes. A-numbers. There is nothing restrictive about that,



is it? A. Q. No. Indeed, there has been testimony earlier about a



public, basically, publicity guy for ICE making comments in the press when this became an issue? A. Q. A. Q. A. Q. A. Yes, I am aware of that. About A-numbers? Being confidential. Right. That's not true. What is true about A-numbers? Basically, if you walk a block over that way and went



to the 17th floor of the federal building, A-numbers would be posted in front of the immigration court who had court hearings that day. Q. What other numbers do you see over there on the

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docket sheets outside the immigration court? A. Actually, I am not sure. Names -- I know the names



are associated with the A-numbers. Q. Certainly, in your experience, as a practical matter



and as a technical policy matter, A-numbers are publicly available? A. Q. Yes. Yet, the spokesperson for ICE issuing a press release



or issuing statements at a very -- at a time of great controversy, didn't understand the policy with respect to A-numbers? A. Q. Obviously. And you had a conversation with Ms. Jorden and



Mr. Voorhis about that at -- when the news broke and when the statement was made by the PR guy over at ICE? A. Q. Yes. And they agreed with you that A-numbers were publicly



available? A. Q. Yes. Now, I want to talk to you a little bit about the That is a commonly used tool by ICE agents?



NCIC system. A. Q. Yes.



It's used for all sorts of investigative purposes by



ICE agents? A. Yes.

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Q. A. Q. A. Q. A. Q.



It is used to query information on criminal aliens? Yes. On suspects? Yes. On people who are in the system? Yes. People who may be in the system and they may not be



in the system? A. Q. Correct. You go there -- it is a go-to tool to find out all



sorts of information that could be used by agents in the field? A. Q. A. Q. Correct. Agent Voorhis is a pro-active agent? Yes. He is an agent that takes a tremendous amount of



initiative? A. Q. A. Q. A. Q. Yes. He is a creative agent? Yes. He has been involved in break through investigations? Yes. Some of his investigations, such as the work that he



did along with you over at the airport, has set an example?

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A. Q.



Yes. The -- tell us about the example that the work you



guys did together over at the airport set for other jurisdictions throughout the country? A. Basically, it was the US-Visit system. After 911,



Congress implemented the US-Visit system so everybody coming into the company had to be photographed and fingerprinted, and they would be given a date when they had to leave. we get leave. But what happened was we found out a lot of people weren't using that system. And to make a point, we And if people aren't departed by that date,



conducted some enforcement activity at the airport, which I caught a significant amount of grief about, and arrested hundreds of people outbound on flights. And after a lot



of pot stirring in Washington with the airlines, it basically came down to our enforcement action was the best practice type of thing, and actually kept the US-Visit machines in this airport for an extra year. Q. Okay. You said you caught a lot of grief about this



policy. A. Q. A. Numerous times. Talk about that with us. Basically, what happened was there were complaints by



British Airways, United and some airport personnel at DIA

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basically saying we were delaying flights and causing people all kinds of grief. And I actually got called a



number of times, had my rear end handed to me a couple times. But, basically, it was statute. going to enforce it, and we did. I told them I was



And what happened was



that Congress got ahold of it and sent some congressional report, that based on that is why we should have entry and exit plans for non-immigrants and foreign born people. Q. Okay. And the fact that you caught a bunch of flack



for it doesn't mean what you were doing was wrong, does it? A. Q. No. The fact that the various international airlines were



upset at the policy that was set here, didn't make it wrong, did it? A. Q. No. The policy further advanced the mission of



immigrations and customs enforcement? A. Q. Correct. It is something that you and Mr. Voorhis did



together, which created greater protections against possible actions that might be taken by non-citizens? A. Correct. Basically, what we forced the hand of the



air carriers is to comply with the law Congress enacted.

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Q.



Okay.



Going back to the use of the NCIC system, you



said that you use it occasionally, but as a supervisor you are not using it as much? A. Q. I think it is a source of information. The potential results of an immigration alien query



include that the person is not going to have a record? A. Q. Correct. That the individual -- you will find out that that



person is a citizen and is here lawfully? A. Q. A. Q. Correct. That the individual had no contact with ICE; correct? Correct. And because there was no contact, that person is



probably not going to be in the system and could be here legally or not legally? A. Q. Correct. And, of course, you find out that people are here



illegally, then sometimes you go do an NCIC query? A. Q. Correct. When you find they are here illegally, that sets off



bells, and then you have -- an ICE agent has an obligation to try to do something or may a have an obligation to do something? A. Right. "May" would be a better word based on



priorities.

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Q.



What are some of the different types of things that



ICE agent is going to do? A. Well, with no record they could choose to interview Based on the NCIC



the person to determine alienage.



record you could go right to CIS, determine if they were previously deported, and just place a detainer based on that. Q. There is all kinds of stuff you could do. Okay. In addition to being able to use the NCIC



database to search for information on illegal immigrants, there is other databases that can also be accessed? A. Q. Correct. And you previously listed a whole array of them;



correct? A. Q. Correct. And all of these different databases have different



rules and regulations? A. Q. A. Q. A. Q. Yes. Different rules for accessing the information? Yes. Different rules for disseminating the information? Correct. Like the confusion with respect to the different



policies that existed between Immigration, the INS and Customs, these different databases can sometimes be confusing because they, too, have different rules and

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regulations? A. Q. Correct. I would like to talk a little bit about the



distinction between public information and non-public information. If you could turn your attention to



Defendant's Exhibit D and identify that document for me, please. A. Q. It is the Privacy Act of 1974. And what is the significance of the Privacy Act of



1974 in connection with the privacy rights that non-citizens have? A. Basically, it states what I said earlier; that people



here lawfully are entitled to rights under FOIA, and people here illegally are not. Q. Okay. So people who are here illegally don't have



FOIA rights? A. Q. Correct. And so if you obtain information on a person who's



here illegally, FOIA doesn't apply? A. Q. Act? A. Q. Yes. And so a significant distinction between citizens who Correct. Okay. Yes.



And, again, FOIA is Freedom of Information



are here lawfully and non-citizens who are not here

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lawfully? A. Q. Correct. There is a different level of rights that are enjoyed



by those two classes? A. Q. That's correct. FOIA is a regulatory scheme that regulates the



release of information? A. Q. Correct. And it is when people make a request to a Government



agency? A. Q. Right. And so the Privacy Act is something that doesn't



relate to FOIA requests on illegal immigrants? A. Right. Basically, it also says that you are allowed



to disseminate information for people that are here lawfully, but you just have to abide by certain rules. Q. Okay. But if you are here illegally, you can just



disseminate? A. Q. A. Q. A. Q. A. Correct. You don't have to follow the rules? Right. Because the privacy act doesn't attach? Correct, according to this Privacy Act. So you testified that A files are public information? Yes.

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Q.



You testified that illegal immigrants don't enjoy



privacy rights? A. Q. A. Q. A. Correct. Let's talk about FBI numbers. Okay. What are FBI numbers? Actually, it is an identifier that is attached to



someone who has been in a criminal justice system. Q. Are there any privacy interests in connection with



FBI numbers? A. Q. A. Q. You know, I am not sure. Okay. Right. If I were to tell you that there has been a box of You just don't know one way or another?



exhibits admitted as Defendant's Exhibit A19 that contains FBI numbers and any number one of different criminal files that were obtained from the Denver District Court, would that refresh your recollection one way or another as to whether FBI numbers are public or private? A. Q. Say that one more time? That was a poor question. I am going to -- there has



been prior testimony in this case about a bunch of criminal files that are publicly available over at the Denver District Court, and there has been testimony that a number of those files, publicly available, contain FBI

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numbers. A. Q. Okay. And my question for you, given that prior testimony



in the case, does that refresh your recollection as to whether FBI numbers are private or public? A. Q. Yes. Okay. It would appear that they are public. How about criminal history; anything



confidential about criminal histories? A. Well, I know you could go over to CBI if you are a



private citizen, pay and get a criminal history on someone. Q. Similarly, you run across criminal histories in



criminal files filed in court all of the time, don't you? A. Q. A. Q. A. Q. A. Q. A. Q. Correct. So just to summarize, A-numbers are public; correct? Correct. FBI number is public; correct? Correct. Criminal history information is public; correct? Yes. And no privacy rights enjoyed by criminal aliens? If they are here without authorization. Thank you for that clarification. Have you ever heard the term "flush files"? A. Yes.

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Q. A.



What are flush files? Those are my flush files. Basically it is a file



that I keep.



Our 213 is a record of deportable aliens.



It is basically -- it is our an immigration police report. It contains biographical and a history of how we contacted an alien. I kept a file of people that were in the criminal justice system for one thing or another that was pled down to something God awful, turned over to us, an eventually removed from the country. Q. A. Q. Okay. Yes. How many different individuals have files contained And how many -- do you have such a file today?



within your greater flush file system? A. I am not sure how many are in there, but it is



probably that thick (indicating). Q. A. Q. And do you have like a piece of paper per person? Yes. And the cases that end up in your flush files, do you



have any concerns about how those cases were treated in the criminal justice system? A. Yes. I kept those, and it is a called a flush file,



because basically it is what the DA basically flushed and turned over to us to remove aliens. The significance of



that is that most of the people in that flush file were

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charged with something serious and pled down to something not serious. Q. Okay. And we did what we could with the bodies. And was the policy of different district



attorney offices along the front range, in terms of giving these kind sweetheart deals to criminal aliens, was that frustrating to you? A. Q. A. Absolutely. How come? Because, basically, what happens is there are a



couple different detention standards with immigration bodies. If you are convicted of an aggravated felony, you What is significant about that



are a mandatory detention.



is that you are mandatory detention; you can't bond out, and you are almost assured of a formal deportation. When crimes are pled down to where they are not a deportable charge in the immigration system, an immigration judge has the discretion whether to let that alien go back to their country voluntarily or he could deport them. If they go back voluntarily, it is like a Basically it is the equivalent of a



slap on the wrist.



police officer giving a warning ticket for speeding. A formal deportation, depending on what you are deported for, will bar somebody such as an ag felon from returning to the United States lawfully forever. A felony



will bar somebody from returning legally for 10 years.

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And a basic deportation is a 5-year bar without consent of the Attorney General to come back. Q. A. Okay. The ones that are able to come back lawfully are The ag felons --



entitled to apply for a future benefit.



there is waivers for just about everything in immigration law, but the ag felons are the ones we really concentrate on because there are so many criminal aliens in the country, we had to prioritize. So, basically, that led us to do some outreach based on the priorities because we got so many leads from jails around the state that we just couldn't keep up. At



one time we had five people doing every jail in the State of Colorado. THE COURT: now. MR. RIDLEY: THE COURT: out there. (The following is had in open court, outside the hearing and presence of the jury.) THE COURT: I know at the time we started that you Thank you. We will start again on Monday. Be safe Mr. Ridley, it is 4:30. We should stop



indicated -- defense did, that a lot of your case was going to come out in the prosecution's case. And so over



the weekend, I would like you to think about that and meet

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me at 8:45 so I have a better understanding of where we are, time wise, in the case. MR. RIDLEY: THE COURT: recess. (Proceedings conclude at 4:32 p.m.) Okay.



Thank you, Your Honor. Have a nice weekend. We'll be in



R E P O R T E R ' S



C E R T I F I C A T E



I, Darlene M. Martinez, Official Certified shorthand Reporter for the United States District Court, District of Colorado, do hereby certify that the foregoing is a true and accurate transcript of the proceedings had as taken stenographically by me at the time and place aforementioned.



Dated this 21st day of May, 2008.



_____________________________ s/Darlene M. Martinez RMR, CRR



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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 07-cr-00462-JLK UNITED STATES OF AMERICA, Plaintiff, v. CORY VOORHIS, Defendant. __________________________________________________________ REPORTER'S TRANSCRIPT (Jury Trial Day 6) __________________________________________________________ Proceedings before the HONORABLE JOHN L. KANE, Senior Judge, United States District Court, for the District of Colorado, commencing at 9:03 a.m. on the 7th day of April, 2008, Alfred A. Arraj United States Courthouse, Denver, Colorado.



A P P E A R A N C E S FOR THE PLAINTIFF: JAMES C. ANDERSON and GREGORY A. PHILLIPS, U.S. Attorney's Office-Cheyenne, P.O. Box 668, Cheyenne, WY 82003-0668 FOR THE DEFENDANT: PATRICK L. RIDLEY, Ridley, McGreevy & Weisz, P.C., 303 16th St., Suite 200, Denver, CO 80202 WILLIAM L. TAYLOR and DANIELLE R. VOORHEES, Holland & Hart, LLP-Denver, P.O. Box 8749, 555 17th St., Suite 3200, Denver, CO 80201



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I N D E X WITNESSES: SPECIAL AGENT ROUCO CROSS-EXAMINATION BY MR. RIDLEY REDIRECT EXAMINATION BY MR. PHILLIPS SPECIAL AGENT MANUEL OLMOS DIRECT EXAMINATION BY MR. ANDERSON VOIR DIRE EXAMINATION BY MS. VOORHEES DIRECT EXAMINATION (Continued) BY MR. ANDERSON CROSS-EXAMINATION BY MS. VOORHEES VOIR DIRE EXAMINATION BY MR. ANDERSON CROSS-EXAMINATION (Continued) BY MS. VOORHEES REDIRECT EXAMINATION BY MR. ANDERSON SPECIAL AGENT JOHN ELVIG DIRECT EXAMINATION BY MR. ANDERSON VOIR DIRE EXAMINATION BY MR. RIDLEY DIRECT EXAMINATION (Continued) BY MR. ANDERSON VOIR DIRE EXAMINATION BY MR. RIDLEY DIRECT EXAMINATION (Continued) BY MR. ANDERSON CROSS-EXAMINATION BY MR. RIDLEY REDIRECT EXAMINATION BY MR. ANDERSON E X H I B I T S NO. D A13 A23-A 24 E pages 77-86 203 301302 303 304 305, 309 306 306A 307 308 310311 501 .......................................... .......................................... .......................................... .......................................... .......................................... .......................................... .......................................... .......................................... .......................................... .......................................... .......................................... .......................................... .......................................... ..........................................

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APRIL 7, 2008 (The following is had in open court, outside the hearing and presence of the jury.) THE COURT: I asked counsel to give me some idea



this morning where we are. MR. ANDERSON: Your Honor, after Mr. Rouco or Agent



Rouco testifies, we will have two more witnesses to call, the OPR/ICE investigator, who should be fairly lengthy. guess he will take close to half a day. witness Agent Elvig. Then summary I



We think we can finish up -- this is



dependent on cross, but we should be done by the end of the day. It depends on -- a knock on wood -- which would



be my head, but that kind of really depends on cross. THE COURT: MR. TAYLOR: All right. Thank you.



Your Honor, as you might imagine, what



our case looks like is going to depend on when the Government finishes. But if Mr. Anderson's estimate is



correct, I guess we would be done with our evidence no later than noon on Wednesday. THE COURT: jury, please. (The following is had in open court, in the hearing and presence of the jury.) THE COURT: of Agent Rouco. Continuing with the cross-examination Okay. Thank you. Let's bring in the



Please go ahead.

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MR. RIDLEY:



Thank you, Your Honor. SPECIAL AGENT ROUCO



having been previously duly sworn, testified as follows: CROSS-EXAMINATION BY MR. RIDLEY: Q. Good morning, Agent Rouco. There has been some



testimony in the case about the snack shop at the ICE office in the Denver Tech Center. And you are familiar



with that snack shop down on the first floor? A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. Yes. It's kind of a glass paneled snack shop? Correct. It is a snack shop that you routinely use? Once in awhile. Okay. No. Coffee? Just coffee. Others from your office use the snack shop? Yes. Both agents and their supervisors? Yes. Some agents go outside and smoke? Yes. Right outside the snack shop?

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Did you get breakfast there?



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A. Q. A. Q. shop? A. Q.



Yes. Kathy Edgell uses the snack shop, or would use it? As far as I know she would. Do you know whether Paul Maldonado uses the snack



I am not sure.



I have seen him get coffee there.



Just to refresh all of our recollection on who Paul



Maldonado is, he is somebody that's in the chain of command above you, but below Jeff Copp? A. Q. Correct. He is the Assistant Special Agent in Charge of the



Denver office? A. Q. Yes. One of them.



Is it fair to say the snack shop is not a place that



you and agents would go to have clandestine meetings? A. Q. A. Q. Hopefully not. That would not make a lot sense, would it? No. We talked a little bit about NCIC. And you indicated



that you use it occasionally? A. Q. Correct. Not as much as the agents who are in the field



investigating cases? A. Q. That's right. Are you familiar with the codes -- the code that you

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to use in order to get into the system or identify your purpose for using the system? A. Q. Yes, vaguely. I haven't had access for awhile.



Does the C code -- is that something that you're



familiar with? A. Q. No. Okay. So you don't know -- because haven't used it



in awhile, you're just not clear about what codes you use to access it? A. Q. Exactly. There has been discussion about the limited resources And that's true



that your ICE office -- your office has.



that you don't have a budget that is without limits? A. Q. Correct. You've got to conduct your business within the



resources that are available to your -- to the Denver office? A. Q. A. Q. Yes. And because of that, you have got to set priorities? Correct. Some of the cases which are at the top of the list



are cases involving aliens who have either committed murder or are being investigated for murder? A. Q. Correct. And, similarly, other violent assaults?

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A. Q. A. Q.



Correct. Including sex assaults? Correct. And, of course, distribution of controlled substances



is a priority; as well? A. Correct. Those are all considered aggravated felons,



and those are the ICE priority. Q. is? A. Basically, an aggravated felon is -- the definition Okay. Can you tell the jury what an aggravated felon



of aggravated felony is something -- a crime that is hideous -- that would just basically make your stomach turn. They can include murder, rape, sexual assault on a



child, alien smuggling, theft over $10,000, money laundering, espionage. There is probably at least 15 more



that I can't think off the top of my head. Q. There has also been discussion about the term "crimes Can you tell the jury what a crime



of moral turpitude."



of moral turpitude is? A. It is criminal conduct that goes against the accepted



mortality of society; theft, assault, things of that nature. Q. Okay. And is part of the reason why the plea bargain



policy that existed in a number of front range district attorney offices part of the reason that was

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objectionable; because oftentimes folks who were charged with aggravated felonies or crimes of moral turpitude were getting this plea bargain to trespass on ag property? A. Q. Yes. And avoiding some of the things you talked about on



Friday? A. Q. Correct. And chief among them, it handcuffed your ability to



deport those people who had been charged with serious crimes? A. Yes. It is significant in the fact that if you are



deported as an aggravated felon and you come back, it is a blanket acceptance by the U.S. Attorney's Office to prosecute those cases. In those cases, they get hammered.



I think at one time the average sentence was between 5 and 7 years. And for federal time, you serve 85 percent of So it is significant, in that you rid the



your time.



communities of those types of people. Q. Okay. Are you familiar with the term "negative



cases"? A. Q. A. I'm familiar with the term "negative stat". What is a negative stat? Basically, we used to count voluntary departure as



kind of a negative stat, because of all of the work we put in. A voluntary departure is basically that slap on the

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wrist, where you go back, without any consequences if you return. So we would count those as negative stats,



basically. Q. A. And did those negative stats cause you concern? Yes. Of course, with the encounters in Washington



always -- basically, they want to know how many people are removed. Further down the ladder, they always ask how



many people were actually formally deported as opposed to a voluntary departure. Q. And would it also raise concerns for you because of



the potential for negative public relations on down the line? A. Q. A. Absolutely. Absolutely.



Tell us about that. Basically, what happens if charges are dropped -- I



actually went back to the office Friday and brought a couple with me. Actually, what happens is that -- case in



point, there was a case in Adams County, an illegal alien was drunk, hit a guy on a motorcycle and killed him, a U.S. citizen. The subsequent follow up on that, everybody just went ballistic. The alien who hit the guy had a Most of those -- all of the



three-page rap sheet.



arrests, when we checked into it, nothing was deportable. So, basically, what happened was we got a lot of counter

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fire saying why didn't we do something about this guy. It never came to our attention because based on priority scale, we never had the resources to go after somebody that had no charges levied against them. Q. Okay. And is one of the things that would flow



downstream from people being released and creating what you've termed a negative stat, that your agency would be criticized for your handling of the case? A. Q. Correct. Okay. That happens on a weekly basis.



And that's almost part of the nature of



government law enforcement work, isn't it? A. Correct. You are always judged by what goes wrong



and never what you do good. Q. Because you are judged by what goes wrong, as a



supervisor in your office, you want to have some material or some data explaining those cases in case there is a lot scrutiny on a particular alien? A. Correct. And cases -- I'm ultimately responsible.



There is not a whole lot of immigration institution knowledge in our office. all of that. Q. Okay. And that is part of the reason why you kept So I basically have to deal with



the flush files? A. Q. Correct. You indicated that you went back to your office on

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Friday and looked up a couple of things. A. Q. Yes. You gave us one example. Did you just look up some



other examples like that? A. back. Q. Okay. So the fact that there is negative stats, the Yes. Actually, I have three or four in my bag in the



fact that there is people who are initially charged with aggravated felonies and crimes of moral turpitude who end up getting a deal that results in no meaningful consequences from the perspective of ICE, is that why your agents and yourself, if a high profile -- well, if a criminal alien was involved in a high profile case, you'd take it upon yourself to maybe do some investigative work to see whether your office faced some exposure? A. Q. Correct. And what types of things would you be looking for as



you conducted investigative searches in different databases to make that determination? A. Basically, their alienage, immigration status and



criminal history. Q. Okay. And would you try to determine whether,



perhaps, that person had new charges filed against him or her. A. Correct. And first train of thought is basically

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whether you can place a detainer or not. Q. Okay. Because if you can place a detainer, then



you're able to arrest them right away and take them off the streets? A. Actually, they're usually in local custody when we The detainer says we have an interest in



place detainers.



that alien, and we would like them turned over after their state case is adjudicated -- state or federal. Q. All right. And to put it another way, part of the



reason why you were checking that criminal history information is to protect the agency? A. Q. A. Correct. And its reputation? Correct. Because if they are here lawfully, you



would need some type of conviction to place a detainer on someone. Q. Okay. Are you familiar with some of the collateral



duties of Agent Voorhis? A. Q. Yes. And is one of those collateral duties that he was a



technical enforcement agent? A. Q. A. Yes. And what is a technical enforcement agent? A tech agent supports agents during investigation



with surveillance video stuff, body mics, things of that

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nature.



Things a little too technical for regular agents



to take care of on a regular basis. Q. And for that reason, Mr. Voorhis received special



training? A. Q. Correct. One of the reasons it is technical and it requires



special training is because that kind of work oftentimes requires the permission of a federal judge in order to engage in certain types of wiretap activities? A. Q. Correct. And because those wiretap activities are often



challenged in a court, there is a lot of i's to dot and t's to cross in terms of getting it right? A. At the very least you need concurrence of the U.S.



Attorney's Office to actually do something like that. Q. Okay. The first time you were interviewed by FBI and



CBI in this case was March 2, 2007? A. Q. I believe so. And even though you were one of Mr. Voorhis'



immediate supervisors, the FBI and CBI waited several months before interviewing you concerning the events of September and October of 2006? A. Q. Correct. You would have been able to provide, perhaps, better



information to the CBI and the FBI had you been

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interviewed in the fall of 2006 instead of the spring of 2007? A. Q. Yes. Since you were not interviewed in October --



September or October of -- I am sorry, October or November of 2006, you did the best that you could when you were interviewed on March 2, 2007? A. Q. Yes. On Friday, we discussed news account of the



Governor's race that were in the Rocky Mountain News on September 30, 2006. A21? MR. RIDLEY: Honor. Q. (By MR. RIDLEY) You indicated that you don't take That has been stipulated to, Your Could we bring up Defendant's Exhibit



the Post, but you do read the Rocky Mountain News. A. Q. Yes. And -MR. RIDLEY: Q. (By MR. RIDLEY) Your Honor, if I may approach to -Well, do you recall specifically



whether there was an article in the paper on Saturday, September 30, 2006? THE WITNESS: MR. RIDLEY: THE COURT: Not specifically. May I approach, Your Honor? Yes.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q.



(By MR. RIDLEY)



Agent Rouco, I have handed you a



newspaper article from the Rocky Mountain News dated September 30, 2006. A. Q. I ask you to review that.



I remember this article. Okay. And does that refresh your recollection as to



whether you had some conversations with Mr. Voorhis about that? A. Q. Yes. And we had talked on Friday about an 11 minute phone Do you



call that took place the morning of September 30.



recall talking to him about the article at about the time that you read that newspaper article? A. Q. Yes, vaguely. Okay. And in that conversation -well, what do you



recall about the conversation? A. Basically, probably just the plea agreements. I



remember this because one of these sentences, when Bill Ritter says, "I will tell you, I had lengthy conversations with people at INS from Washington, D.C. even when they were vague about what was deportable and what wasn't." That raised an issue with me because I was one of the people with one of our attorneys who actually talked to Bill Ritter about plea agreements a couple years prior to that. Q. Okay. And when that raised an issue with you and you

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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remember that earlier conversation, is that something that you and Mr. Voorhis ended up talking about? A. Q. Yes. And did you talk with Mr. Voorhis about the fact that



you thought that it was a good idea that this was being exposed? A. Q. Yes. It was a good idea -- it was good it was being



exposed because the policy, itself, had consequences on public safety? A. Q. A. Q. Yes. And consequences on your ability to do your job? Yes. And consequences on -- in terms of ICE's ability to



take actions against people who posed a serious threat to public safety? A. Q. Yes. And do you recall Mr. Voorhis telling you that he had



talked to a spokesman for Congressman Beauprez? A. Q. Not on that date, I don't remember that. Okay. May he have talked to you about it that



morning? A. Q. A. He may. You just don't recall? I don't recall. I just remember the one conversation



DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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in our office. Q. Okay. As you look to Exhibit A21, this reference to



another Post article -- an article in the Post, Ritter Helped Immigrants Stay, on October 1, 2006. Let me ask



you this; despite the fact that you don't normally read the Post, if there were articles concerning ICE and its duties, might you have read Post articles that could have been provided to you or that might have been -- have been passed around the office. A. Q. Yes. Okay. They were talking about it in the office. And do you recall generally at this time that



there was some chatter and some discussion about the various newspaper articles? A. Q. Yes. And do you recall when -- that first article from the



Rocky Mountain News referenced that a Beauprez TV ad is scheduled to run that weekend. The jury has already seen Do you



a commercial that is entitled Didn't Stand Up.



recall the commercial being run at about that time? A. Q. Not without seeing it. Okay. Could we play 205?



(Videotape played in open court.) Q. (By MR. RIDLEY) Does that refresh your recollection



as to whether you saw that commercial? A. I don't think I saw that one. I saw the other one.



DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q.



Okay.



On October 3, 2006, there was an article in



the Rocky Mountain News entitled Ritter Defends Plea Bargains. MR. RIDLEY: THE COURT: Q. If I may approach, Your Honor? Yes. If you could take a look at that



(By MR. RIDLEY)



article from the Rocky Mountain News. MR. PHILLIPS: The last exhibit, we actually had



testimony about the content of the article, and I'm informed that neither exhibit are going to be admitted. think they should be admitted if we are going to talk to it. MR. RIDLEY: them. We don't have any objection admitting I



I wasn't going to move them. THE COURT: They are admitted. Do we have the



numbers.



Can you get the numbers, please? Sure. I will label the first one A23,



MR. RIDLEY:



and the one I just handed to Mr. Rouco A24. THE COURT: Okay. They are admitted.



(Exhibit No. A23-A24 are admitted.) Q. (By MR. RIDLEY) Do you recall reviewing that



article? A. Reviewing it, no. But I remember some discussions



I've had with some of our legal people about it; the last sentence in here, "Pleading to something that doesn't fit

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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the facts happens all of the time."



I had a conversation



with one of our attorneys about that, and she explained that's unethical. that. Q. Okay. And do you recall at the time, if you look at And she was a little bit fired up about



Defense Exhibit A21, it references six phone calls that occurred between you and Mr. Voorhis, ranging from 20 seconds in length at 9:29 a.m. to one hundred and -- well, I guess the longer call is towards the end of the day at 5:34 p.m., a 4 minute and 32 second conversation. Do you recall whether you were talking to Mr. Voorhis that day about the policy? A. Yes. We had a lot of conversations about the pleas



and stuff. Q. And so without completely putting the jury to sleep



as we go through this Defense Exhibit A21 that has already been admitted, does it make sense that you would have been having numerous conversation with Cory Voorhis during this time period about the Ritter policy? A. Q. A. Q. A. Q. Yes. The information that was in the newspaper? Yes. The ads that were playing on television? Yes. The fact that he had provided information to John

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Marshall? A. Q. A. Q. A. Yes. Okay. And generally --



Can I clarify that, though? Yes. My dates are screwed up in my statement, so I don't



know exactly when I found out when he had talked to John Marshall. Q. Okay. I understand that. And it is fair to say that



I could show you a bunch of newspaper articles and stuff that we pulled from various websites, and do you think that would refresh your recollection as to when you had those conversations with John Marshall? A. No, because what happened was this caused so much



stir in my office, I had numerous conversations with just about everybody about who was the source of the information. Q. Okay. And is it -- so as you sit here today, and --



well, on Friday you testified that it could have been as early as September 30th that you had that conversation with Cory Voorhis about John Marshall -A. Q. A. Q. Correct. -- up through any time in the next two weeks? Correct. As we sit here, you just don't remember one way or

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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another? A. Q. Exactly. Now, you had mentioned information that you learned



about other people being concerned about the plea bargains, and specifically the last sentencing in -- in think it is A-25. And the concern that you had was that



it's one thing, for example, to -- if a person is arrested for possession of heroin with the intent to distribute, and pleading guilty to something that is related, such as simple possession of heroin? A. Q. Correct. But it is an all together different thing if somebody



is arrested and charged with possession with heroin -possession of heroin with intent to distribute, and pleads to something that has no factual basis to the original charge? A. Q. Correct. And an example of that would be pleading to trespass



on agricultural property when you are charged with possession with intent to distribute heroin? A. Q. Correct. And that, too, is something that caused you and your



office concern; correct? A. Yes. Anybody who has worked an immigration case was



frustrated by that kind of issue.

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Q.



And do you know whether ordinarily plea bargains



require some sort of factual basis to the crime that the person is charged with? A. It is my understanding that that is supposed to



happen; there should be a factual basis. Q. Okay. And did you have concerns that this plea



bargain policy that permitted criminal aliens to plead to something where there wasn't a factual basis, was a problem because U.S. citizens couldn't get those type of plea bargains? A. Q. Yes. And it is because of that that defense lawyers would



ask that the detainers be placed on their citizen clients? A. Q. Correct. They wanted detainers placed on their clients who



were citizens of the United States so they could make the argument that their clients should be entitled to such a plea bargain? A. Correct. Because I remember one specific instance



where Cory got a call about somebody he had a detainer on or did not have a detainer on, and the defense attorney wanted a detainer so that he could get a sweetened plea deal. Q. Okay. This issue is one that you had tracked for 10



to 12 years, isn't it?

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A. Q. A.



I probably started in early 2001, maybe. Okay. Yeah. So closer to five years? Actually, it was when Mr. Taylor was at the



U.S. Attorney's Office. Q. Okay. When the policy was exposed, you indicated you



had told Mr. Voorhis that you thought it was good it was exposed? A. Q. Yes. And you told other people in your office that you



thought it was good it was exposed? A. Q. end? A. Actually, yes. Because based on all the -Yes. Because now that it was exposed, it might come to an



everything that usually happens, we would get visits from Channel 7, is a good example, that would come out and actually interview Jeff Copp, and I would sit there and listen, and we would tell them we couldn't have done anything with this alien because of prior non-convictions for stuff, and nobody ever seemed to catch onto that or follow up with that. Q. Okay. And you had been -- this is an issue that you



had tried to address? A. Q. Yes. You tried to address it through trainings with

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district attorney offices? A. Q. Yes. You mentioned it to Mr. Ritter a couple years before



the issue was exposed during the campaign? A. Yes. And I remember that conversation because we



brought up stipulated removals. Q. Okay. And it is something that you did outreach to



police departments and prosecutor offices in order to address this and hopefully bring an end to the policy? A. Q. Correct. Did you also have conversations with congressmen or



their staffs about the policy? A. Q. A. Yes. And who did you talk to about that? Charles Heatherly from Tancredo -- actually, Tancredo



came out, and Ken Salazar's aides, Wayne Allard's aides, Joel Hefley at one time. politicians. Q. Sounds like most of the congressional delegation in So just about the whole gamut of



Colorado. A. Yes. Because they would come to our office after



something hideous happened in one of their communities saying, why didn't you do anything before this happened? And, basically, we had to explain the whole procedure. Q. And do you recall a particular meeting that you had

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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with Congressman Tancredo and Charles Heatherly about it? A. Q. A. Yes. And was Cory Voorhis at that meeting? Yes. There was a couple of meetings, but Cory was at



one of them. Q. At one of those meetings you and Cory together



briefed the congressmen and his staff members, Charles Heatherly, about the Pedro -A. Q. Castorena case. When you and Cory talked about the fact that Cory had



spoke to John Marshall, who was with Beauprez, about this whole issue, did Cory tell you he had provided some information? A. Q. A. Q. A. Yes. Did he tell you that he gave some CIS sheets? No. What did he tell you he provided? Basically, he just gave some information to look at a



certain charge, and they would be surprised what they would find. Q. Okay. And that's, go over to the Court, look for



these kind of cases, and you are going to find exactly what I am talking about? A. Q. Correct. If we can bring up Defense Exhibit A10.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



Agent Rouco,



812



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this is a document that there has been -- you know what, let's go to Government's Exhibit 204, if we can, because this version apparently has not been admitted. Have you previously seen this document? A. Q. No. This is the first time.



If I asked you -MR. RIDLEY: If I may, one moment, Your Honor? There has been testimony that this And if we



Q.



(By MR. RIDLEY)



is information that was provided Mr. Marshall.



could -- and I'm going to just ask you some questions about the type of information that is contained on it. First of all, do you recognize Mr. Voorhis' handwriting? A. Q. I believe so. Okay. You've previously seen Mr. Voorhis'



handwriting? A. Q. Yes. If we can blow up the top five lines including, the



circle there in the right-hand top corner. Adjacent to Mario Acosta-Gonzales entry, there is a reference to immigration status "Mexico EWI." EWI? A. Q. Entry without inspection. And is there anything in -- is there anything What is



confidential about the fact that an immigrant may be -may have that status of entry without inspection?

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A. Q.



No. That is because, as we talked earlier, the Privacy



Act of 1974 doesn't pertain to certain classes of immigrants? A. Q. Correct. And in your experience, there is nothing confidential



about that? A. Q. Correct. There is a similar entry for the next person listed It has under immigration



who is Emmanuel Acosta-Martinez. status, "EWI Mexico."



And then it looks like -- I have a



difficult time reading it, "DF"? A. Q. A. Q. "DEP". Okay. What does that stand for?



Deported. "DEP". Even with my glasses I can't read it. Can you



How about the next entry, David Alvanado. make out those notations under immigration status? A. It says "CIS".



Negative -- "NEG", which is negative.



So it means there is no record in the Central Index System. Q. A. Okay. How about under Jose Dejesus Avila-Lugo?



Immigration status says "Mexico, LPR," which means



lawful permanent resident, "1980," which would mean the date he obtained his labor status.

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Q.



Anything confidential about referencing an "LPR" as



an immigration status? A. Q. No. If we can move down to, say, the next six or seven And let's go all of the way down that far. The next one is Pedro Debora-Avina. lawful permanent resident; correct? A. Q. A. Q. Correct. Below that is Dominguez-Ibana, which is "EWI" again? Correct. Entry without inspection. Go down to Naranjo-Duran. That is "LPR,"



lines.



From Mexico; correct? A. Q. Correct. Below that is Escobar-Fuentes. It says "Honduras."



Can you read the rest of that entry? A. It appears to be "DERIV," which would be derivative "2003, EWI Previous."



U.S. citizen. Q. Okay.



And is there anything confidential about that



information? A. Q. No. Below that is Fernandez; "Mexico. Amnesty. LPR.



1988." A.



Then I can't read the balance of that, can you? Then has a date, which means he would



It says "DEP".



have been deported, it looks like something -- "4-1-06". Q. Anything confidential about that information?

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A. Q. so.



No. If we could scroll down to the next dozen lines or Let's go down further. Gamboa-Torres, "CIS. That's fine. NEG. Thank you. Looks like



Mexico."



deported. A. Q. A. "1998." And what is that? Actually, that number after deported is A-98650331.



That would be an A-number -- alien registration number. Q. And, again, you had previously testified that there



is nothing confidential about an A-number? A. Q. Correct. We can walk over to the immigration court right now,



look at the wall where the docket sheets are, there are going to be a school of A-numbers? A. Q. Exactly, yes. Then you were continuing down, there is an "AKA"



reference there? A. Q. A. Q. A. Q. "LPR. Yes. And a date of birth? Correct. Anything confidential about that information? No. If you go down to the next entry, Garcia-Flores; Mexico 1985." Again, that is a lawful permanent



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resident, and there is nothing confidential about that information? A. No. Because on the side it says "excluded/deported



11-1-05 and 7/1706," which basically would make him here in violation of law. privacy right. Q. A. Q. A. Q. A. Q. How about Julio Hernandez? "Mexico. EWI." So he wouldn't be entitled to any



Herrera-Cabral? "Mexico. LPR."



Surgy Leventes? "Russia. Asylum Temp." Is there anything confidential about



That is new.



that information? A. Q. No. Go down to David Miranda. Can you read the



immigration status there? A. It says "CIS negative". Then it has the A-number,



"Mexico."



I can't make out the -- "EWI.



Excluded/deported 2-1-05." Q. Anything in that information that looks like it is



confidential? A. Q. LPR. No. The next entry, Faridah Nansubuga, from "Uganda. Asylum." Anything confidential about that?

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A. Q.



No. If you go to Alexandra Norma Nunez, can you read the



notation about immigration status? A. Q. A. Q. A. Q. Which one is that? The following one, Nunez? Okay. No.



How about for Oaxaca-Rascon? No. Let's pull up the rest of the document, please. If



you could just review the rest of those entries and then let us know if there is any information contained adjacent to the names listed and the immigration status that is confidential? A. Does not appear to be anything confidential on the



sheet. Q. And it looks like there is a little part of the It is just -- it looks like it



bottom that we can't read.



explains EWI and what that is. A. Q. Correct. Does all of the information on this sheet squarely



fall within your testimony from Friday and today about the type of information that is non-confidential? A. Q. A. Correct. Generally publicly available? Yes.

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Q.



No restrictions as far as you know as to how it can



be disseminated? A. Q. As far as I know, no. Thank you. That's all with that document.



If we can pull up Exhibit B, I think that has been admitted. MS. VOORHEES: Q. (By MR. RIDLEY) It is not. If you can take a look at Exhibit B We're going to pull up



in the defendant's notebook.



Government's Exhibit 305, which is the pertinent part of Exhibit B. If you can take a look at Exhibit 305, does that appear to be a CIS printout of a Mr. Medina? A. Q. A. Q. A. Q. Yes. And the printout appears to contain an FBI number? Yes. Do you know how FBI numbers come into existence? No. Are you aware of circumstances under which an alien



might be administratively arrested? A. Q. Say that again? Are you aware of circumstances in which an alien



might be arrested administratively, as opposed to criminally? A. Oh, yes.

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Q. A.



Tell us about that. Actually, that is how most of our arrests occur.



Administrative arrests; worksite operations, going out and doing -- like our compliance enforcement unit will arrest people administratively. immigration law. Q. Okay. And is it fair to say that those kind of It is basically violations of



violations of immigration law are different than criminal violations? A. Q. Yes. That is because it doesn't deal with violations of



the criminal section of the United States Code Title 18, but it has to do with the administrative regulations that relate to immigration? A. Q. Correct, Title 8. And when a person is arrested pursuant to Title 8,



that is not a criminal arrest? A. Q. Correct. But they, nevertheless, have an FBI number assigned



to them at that point? A. Q. Correct. And although they have an FBI number assigned to



them, that doesn't mean that that FBI number is tracking them for a criminal purposes? A. Right.

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Q. A. Q.



It is tracking them for administrative purposes? Correct. And there has been testimony earlier about



circumstances under which people are assigned FBI numbers even though they are not involved whatsoever in the criminal justice system? A. Q. A. Q. Correct. And this would be an example of that? Yes. Right. Without looking at the criminal history. I am saying -- what I'm talking about, not



necessarily Mr. Medina. A. Q. Okay. And I think that's important that we're clear. I am



talking about generally speaking there is all sorts of FBI numbers that are assigned personally to immigration administrative arrests that don't relate to, you know, it is not an FBI number assigned for criminal purposes. A. Correct. Everybody we administratively arrest, their



fingerprints are sent to the FBI. Q. By looking at Exhibit 305, can you tell whether



Mr. Estrada-Medina was initially arrested pursuant to administrative purposes or criminal purposes? A. Just based on the code of admission excluded, he was



administratively arrested at one time. Q. Okay. So you know he was administratively arrested?

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A.



Correct.



Also, under other information, there is



"DACS," which is the Deportable Alien Computer System, there is an X there. So that would mean he's been -- he



would have been in immigration custody at one time. Q. Okay. But you can't tell whether initially the



reason why he is an assigned an FBI number is for administrative purposes or not? A. Q. Right. Have you engaged in political discussions with



Mr. Voorhis prior to September of 2006? A. Q. Yes, somewhat. And have you had discussions with him about



Mr. Ritter? A. Q. Yes. Had he -- setting aside the immigration policy, had



he ever expressed an opinion about Bill Ritter? A. Q. A. Yes. What was that opinion? Basically, that he was a stand-up guy, because when



all of the officers at -- the Denver Police Officers were involved in shootings, Cory thought he was a stand-up guy in not prosecuting them. Q. Okay. And best you could tell, when he said "he is a



stand-up guy," did you take that, that he is a guy that Mr. Voorhis respected and had some admiration for?

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A. Q.



Yes. How about Bob Beauprez, he ever express any opinions



about Mr. Beauprez? A. Q. A. Yes. And what were those? Basically, I got the impression that he could have He wasn't particularly enamored



gone either way with him. by him or anything. MR. RIDLEY: Honor. Q. (By MR. RIDLEY) Okay.



If I may have one moment, Your



If we could pull up Exhibit D,



please.



If you could look at Exhibit D in your



defendant's notebook, Mr. Rouco, I would appreciate that. What is Exhibit D? A. Q. A. Q. That the Privacy Act of 1974. And you are familiar with that document? Yes. Does this specific document look familiar to you, in



that it has some underscored language on the first page? A. Q. A. Q. A. Q. Yes. How is it familiar to you? Because I keep a copy of this in my file drawer. And you also distributed copies of it to your staff? Yes. Do you recall distributing it to Mr. Voorhis?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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A.



Yes. MR. RIDLEY: Your Honor, we move admission of



Exhibit D. MR. PHILLIPS: Judge, it is law and, accordingly,



if we are going to be instructing on law, it seems like it would be in a jury instruction. THE COURT: MR. RIDLEY: not the law. Sustained. Your Honor, this is a policy document,



I think it is something that the Court can It relates to Mr. Voorhis' I think it is



also take judicial notice of.



job description of working with policies. different than law.



It is not something we are going to



be arguing is the law of the case in any fashion in terms of whether or not Mr. Voorhis violated the statute that he's been charged with, rather, it goes to his state of mind. THE COURT: MR. RIDLEY: I'll admit it for that limited purpose. Thank you, Your Honor.



(Exhibit No. D is admitted.) Q. (By MR. RIDLEY) If we can turn to page 3 of the Again, just a little background,



Privacy Act of 1974.



Mr. Rouco, you testified on Friday that the Privacy Act safeguards two class of people; is that correct? A. Q. Correct. United States citizens?

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A. Q.



Yes. And aliens who are lawfully admitted for permanent



residence? A. Q. Correct. Because the Privacy Act only protects citizens and



lawful permanent aliens, there is nothing in the act about sharing information on illegal aliens? A. Q. Correct. And if you look at that third page, "Conditions of



Disclosure," it sets forth what is permitted -- what disclosure is permitted under FOIA; is that correct? A. Q. Correct. And it -- in fact, it talks about that it is -- well,



it says that, "When disclosure is permitted under FOIA, disclosure of the information to the public is mandated." Is that correct? A. Q. Correct. For example, information from a public record may be



disclosed to anybody? A. Q. Yes, that is what it says. And arrival and departure information may be given



upon request? A. Q. Correct. So when we were earlier looking at the list of names



that Mr. Voorhis had provided to Mr. Marshall, that

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arrival and departure information is -- this is what authorizes being able to provide that information to the public? A. Q. Correct. Immigration and citizenship status may also be given



upon request? A. Q. A. Q. Correct. And the status of a case may be given to anyone? Correct. In September, October of 2006, there was nothing in



the Privacy Act that prevented giving information about aliases? A. Q. Not that I am aware of. And you -- nothing that prevented giving of



A-numbers? MR. PHILLIPS: I object absent some foundation that



this defendant, he is really conversant with the Privacy Act other than what we have heard. THE COURT: This defendant or this witness? You



said "this defendant" is familiar. MR. PHILLIPS: THE COURT: on foundation. Q. (By MR. RIDLEY) Is it fair to say that as a Excuse me, this witness. The objection is sustained



All right.



supervisor in the Denver office of ICE, you were charged

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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with providing some training and education to your staff about the Privacy Act? A. Q. Yes. You were charged with providing your staff agents and



special agents with guidance about information they could provide and could not provide? A. Q. Correct. And you were in a position to do that because you had



received some training concerning the Privacy Act? A. Q. A. Q. Correct. And confidentiality generally? Yes. What documents could and could not be produced in



public? A. Q. Yes. And based upon that, is it fair to say your



understanding was that A-numbers could be provided -A. Q. Yes. -- to the public; that SID numbers could be provided



to the public? A. Q. Correct. That criminal history printouts, along the lines of



those that are in the box that were produced from the Denver District Court, could be produced to the public? A. Yes.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



827



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Q. A.



And FBI numbers could be produced to the public? Correct. Because there is an avenue for the general



public to obtain those anyway. Q. Okay. MR. RIDLEY: questions. REDIRECT EXAMINATION BY MR. PHILLIPS: Q. A. Q. Good morning, Agent Rouco. Good morning. You've testified about frustrations with the plea Thank you. I have no further



reduction procedure in state court; is that correct? A. Q. Correct. You've also testified about maintaining flush files



on cases that you were dissatisfied with the disposition; is that correct? A. Q. A. Correct. And other agents do that, as well? Actually, they usually give me copies of the I-213,



the record of deportable aliens. Q. And the idea of all of that is to keep a record of



cases that you believe were inadequately disposed of; is that correct? A. It goes a little bit further. Basically, it is to



keep a record, because if those aliens come back and do

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



828



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something, it is my record of showing that a prior time somebody didn't do the right thing. the CYA stuff for ICE. Q. Your way of dealing with that has been to go out, So, basically, it is



train the district attorneys on what the effect of a plea is for immigration purposes; is that correct? A. Q. Yes. Would you describe that as the right way or the wrong



way of dealing with that situation? A. Q. It would be the right way. Now, you are familiar with the allegations the



Government has made against Mr. Voorhis in this lawsuit; is that right? A. Q. Yes. Namely that -- what the Government alleges, hasn't



been proved -- the defendant used his NCIC access to obtain information that he provided to a political campaign. A. Q. Yes. And would you describe that as the right way or the Are you familiar with that allegation?



wrong way of dealing with that? A. Q. A. Q. If it was initiated by the -- probably the wrong way. It is the wrong way? Yes. If you would turn to Government Exhibit 204, which

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



829



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has been admitted, so we can put it on the screen. is the list of the 53 names.



That



I believe your testimony,



Agent Rouco, was that you didn't see any confidential information on here; is that correct? A. Q. Correct. I want you to take a look at the line that says And perhaps we can enlarge that all Are with you me there?



"Walter Noel Ramo".



of the way over to the margin. A. Q. Yes.



And you've identified this as Mr. Voorhis' writing.



Do you see over there, clear on the end, where it says "Carlos Estrada Medina"? A. Q. Yes. Now, take a look at the 53 names that are listed



there on this document, and tell me if you see anywhere typed the name Carlos Estrada Medina? A. Q. No. Do you know where that name came from, Carlos Estrada



Medina, that Mr. Voorhis wrote on this page in the column Walter Noel Ramo? A. Q. No. So you really can't say whether that information was



confidential, can you? A. Q. The name, itself, isn't confidential. Do you recall how that name was obtained?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



830



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A. Q.



I don't know how it was obtained. Now, turn to Government Exhibit 305, please. You've



testified about the Central Index System record. A. Q. Correct. And you've indicated -- well, tell me, do you think



it would be okay for a special agent to give this document to a political campaign? A. Basically, based on that Privacy Act, I don't see an Personally, I don't give the documents out.



issue. Q.



When you say that you don't see a problem, are you Can you speak to the



aware what the policy is of ICE?



policy of ICE on distributing documents such as this one obtained off of this Government database to a political campaign? A. A campaign -- you are not supposed to do the



campaigns. Q. You see the name again on this one as Carlos Estrada Do you see that?



Medina. A. Q.



Yes. And, again, can you testify as to how Mr. Voorhis



might have obtained that name? A. Q. No. You've testified about a lot of different telephone



conversations and other conversations that you had with Mr. Voorhis around this time, which is reflected on

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



831



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Defendant's Exhibit A21. A. Q. Yes.



Do you remember that testimony?



And during any of that testimony, did he tell you



where he got the name Carlos Estrada Medina? A. Q. Not that I recall. On cross-examination, you were asked a question about Do you remember that?



whether FBI numbers are public. A. Q. A. Q. Yes.



And at first you weren't sure; is that right? Correct. Then you were asked a question, well, if this box



that you can see to your left sitting on the chair there, if this box contains files that were obtained from the Denver County Court, and it had that information, would that refresh your recollection as to whether FBI numbers are public. A. Q. A. Yes. And what was your testimony? No, I don't remember. And I really don't know if FBI Do you remember that?



numbers are covered. Q. So your testimony, just so we are sure at the end of



the day, is you don't know whether FBI numbers are public or confidential? A. Q. Correct. As far as -- again, back to Defendant's Exhibit A21,

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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which is the chart, the telephone calls between you and Mr. Voorhis and certain times periods. From September



30th to October 16th, is it unusual as a supervisor for you to talk to the special agents by telephone? A. Q. No. In fact, can one of these charts be built for any one



of the special agents that you monitor? A. Q. Yes. And that is because you have to stay in touch with



them, and they have to stay in touch with you? A. Q. Yes. To the matter of aggravated felonies and the effect



that has on charges that are reduced to be something other than an aggravated felony. First of all, was your



testimony that somehow illegal aliens were not required to give a factual basis but United States citizens would be required to give a factual basis? A. No. All the pleas would have to be a factual basis



for anyone. Q. A. Q. A. Q. A. That would be for a guilty plea; correct? Correct. Are you familiar with other kinds of pleas? Such as? Do you know any others off the top of your head? In terms of -- I am not understanding your question.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q. A. Q. A. Q.



Have you ever heard the term "nolo contendre"? Yes. I am not sure what it means.



Are you sure there is factual basis? A no contest plea. Are you aware of whether a factual basis has to be



given for nolo contendre? A. Q. I am not sure. As far as Walter Noel Ramo, do you know what kind of



plea he entered? A. Q. No. As a supervisor with ICE, are you familiar generally



with federal drug laws? A. Q. A. Q. In terms of -What's against the law? No. Are you familiar, at least, that it is against



federal law to possess with intent to distribute heroin? A. Q. Yes. And regardless of whatever the state disposition of



the case, the federal court, if an agent takes the case to the prosecutor and the prosecutor agrees to prosecute it, that same case can be brought in federal court for possession with intent to distribute heroin; is that correct? MR. RIDLEY: Objection, leading.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



834



1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. not? A. Q.



THE COURT:



Sustained. Do you know whether that's so or



(By MR. PHILLIPS)



No, I am not sure. Well, amongst all of the stations that you have



described where people are complaining about state plea dispositions, has that ever come up; maybe we should take these to federal court? A. Q. Yes. You testified on cross-examination about having been



interviewed, I believe by the FBI on March 2, 2007; is that correct? A. Q. Correct. And you suggested that if you had been interviewed



4-and-a-half months earlier or so, that maybe you would have remembered more facts; is that correct? A. Q. A. Q. Dates, specifically. I beg your pardon? Dates, specifically. Okay. When this thing broke in mid-October, it was a



pretty big deal around the office; is that correct? A. Q. Correct. In fact, it was the number one issue in your office;



is that correct? A. Not to me.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



835



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Q.



You are good at keeping these flush files and a



record of things as they occur; is that right? A. Q. Yes. Did you keep any sort of a record of what had



happened then? A. Q. No. Did you make any sort of an effort to get ahold of



the investigators to say, hey, I know something? A. Q. No, I did not. Did you tell any of the investigators that you had



spoken with Mr. Voorhis about these matters, contemporaneously with them having happened, until you were interviewed? A. Q. No. Do you know why it took 4-and-a-half months for the



FBI to come and interview? A. Q. No. Have you ever asked them why did it take 4-and-a-half



months? A. Q. No. You've testified at some length about the Privacy Do you remember



Act, which is Government's Exhibit D. that testimony? A. Q. Yes.



And what you said is that certain information is

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



836



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available to the public? A. Q. Correct. And is that more so when you are talking illegal



aliens? A. Q. A. Yes. What about legal permanent residents? You can turn stuff over -- are you talking to the



general public? Q. A. Yes. In accordance with your testimony.



In terms of paper stuff, most of the FOIA requests



for lawful permanent resident went to CIS. Q. And what you just said there, FOIA requests. When



you say the Privacy Act allows that sort of information, it is pursuant to a FOIA request; is that correct? A. For people here lawfully or derivative U.S. citizens,



if they have an immigration hold. Q. Is it your testimony you don't have to do a Freedom



of Information Act request if someone is here illegally? A. Q. Correct. Is it your testimony that an agent can run names off



NCIC, obtain a bunch of information, and then provide it to anyone who asks, without going through FOIA? A. Yes. Because, you know what, employers do that on a



regular basis. Q. Okay. How versant are you with the rules concerning

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



837



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NCIC usage? A. I am not very versant. I haven't had access for a



couple of years. Q. I think your testimony was you didn't know what a C



purpose code was; is that correct? A. Q. Correct. Do you have a general understanding that NCIC



information cannot be requested unless it is for official criminal justice purposes? A. Q. Yes. Now, the whole Privacy Act, in the context of this



case, I want to ask you a question about whether your testimony is apples and oranges. Is your testimony on the



Privacy Act that because it is illegal aliens and because the Privacy Act allows some distribution of information, that all bets are off on NCIC? MR. RIDLEY: THE COURT: Q. Objection, leading. Sustained. You testified that you had been



(By MR. PHILLIPS)



involved in numerous conversations regarding who is the source of information? A. Q. with? A. Agents in the office.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



Yes. Do you remember that? Who were these conversations



838



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Q. A. Q. A. Q. A. Q.



And how long had those conversations been going on? Probably after the first couple of articles came out. Approximately when would that have been, if you know? First article was September. After when, I am sorry? September. Okay. I am not sure of the dates. So probably after that.



So as the newspaper begins to get interested



in this, the conversation comes up at work, as far as I wonder who the agent is; is that what we are talking about? A. Basically, it wasn't just agents. It was who is the



source of information.



Because there are people at CIS



and deportation that are not agents. Q. Did these conversations that were held concern



whether it might be an ICE agent? A. Q. An ICE or CIS employee. And when those conversations came up, as a



supervisor, did you go visit your special agents and ask them? A. Q. No. Do you remember Agent Voorhis having been present for



some of those conversations? A. Q. Yes. Do you remember him volunteering that, in fact, he



was the source?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



839



1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Q.



MR. RIDLEY: THE COURT: THE WITNESS:



Objection, leading. Overruled. Yes. Do you remember him acknowledging



(By MR. PHILLIPS)



in front of other people that he was the source? A. Q. It wasn't in front of other people, it was just me. Okay. Were there other occasions where there were



more people around, the matter was discussed, and Agent Voorhis acknowledged that he was the source? A. Q. A. Not in front of me. What did he tell you? Basically, that all of the stuff in the -- all of --



the source, when they started getting -- when they started alleging there was a source, he said he was the source. Q. A. And did he tell you why he had run the names? Basically, to see if ICE or INS at the time had did



the right thing. Q. A. ball. Q. Well, I need you to turn -MR. PHILLIPS: (By MR. PHILLIPS) Just one second. I actually do have it in front of If you would turn to Did he tell you what prompted him to do that? No. Just to make sure that we hadn't dropped the



me -- to Defendant's Exhibit P. that, please.



Could you turn to the second page and look

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



840



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at the first full paragraph and, specifically, six lines from the bottom of that paragraph, the first full paragraph. Do you see a sentence that begins, "Voorhis



further stated"? A. Q. A. Q. Yes. Read that to yourself. Okay. Does that refresh your recollection as to why he said



he had run the names? A. Q. A. Yes. Why did he say that? What did he say?



Basically, that he ran the names after they appeared



in the newspaper to make sure that we did the right thing, ICE -- meaning ICE/INS. Q. A. Q. Do you know what day he actually ran the names? No. So you don't know whether there had been any



newspaper articles before that date? A. Q. Correct. Please turn to Government's Exhibit 207, which is Do you see that?



stipulated. A. Q.



Newspaper article from the Denver Post. Yes. And if we could go to the second page, please.



First of all, I guess I should ask you, what is the date of this newspaper article?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



841



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A. Q. A. Q.



March 13, 2008. No, the date the article actually ran? October 1, 2006. Okay. If we can go to the second page, please. Do



you start to see some of the names that are on the list of that as you read through the article? Ernesto Leon Reyes? A. Q. Yes. He is on the sheet. If we could Do you see the name



Maybe we could go to the next page.



enlarge that, as well.



We won't spend a lot of time, but Do you see the name



just an another couple of names. Alfredo Gamboa-Torres? A. Q. A. Q. A. Q. A. Yes. How about David Alvanado? Yes. Walter Ramo? Yes.



This is October 1st; is that right? Yes. MR. PHILLIPS: Your Honor, if I might have just one



moment? Thank you, Agent Rouco. THE COURT: Thank you. Nothing further. You may stand down. We



will take a recess for 15 minutes, please. (A break is taken from 10:20 a.m. until 10:40 a.m.)

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



842



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THE COURT:



Bring in the jury, please. We call Special Agent Manuel Olmos



MR. ANDERSON: to the stand. THE COURT:



Thank you. Raise your right hand.



COURTROOM DEPUTY:



SPECIAL AGENT MANUEL OLMOS having been first duly sworn, testified as follows: COURTROOM DEPUTY: Please be seated.



State your full name for the record, and spell your last name. THE WITNESS: O-L-M-O-S. DIRECT EXAMINATION BY MR. ANDERSON: Q. A. Q. A. Mr. Olmos, what is your occupation? I am a Senior Special Agent. With what agency, please? Department of Homeland Security, U.S. Immigration and Manuel Olmos. Last name is



Customs Enforcement, Office of Professional Responsibility. Q. Let's introduce you to the jury. Could you tell us a



little bit about your educational background. A. I have a Bachelor's Degree in Accounting. That's



pretty much it. Q. Where did you get that accounting degree?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



843



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A. Q.



University of Texas in El Paso. After having obtained your accounting degree, what



type of professional experience did you gain? A. I started my career with the United States Customs I became an agent in 1987. And I've



Service in 1984.



worked in various types of investigations. work was in El Paso, Texas. Q.



The bulk of my



Are you still in the Texas -- the El Paso, Texas,



field office? A. Q. A. I am sorry? Are you still in Texas? No, no. We're under the -- now I am with Denver,



Colorado. Q. A. Q. How long have you been here in Denver? 1999. Have you ever received any awards or accommodations



for the work that you've done for Immigration and Customs Enforcement? A. In 19- -- well, throughout my span of -- from '87 to



the present, I have received numerous monetary and days off awards. Also received the In Step Award. In '89, I



received the Outstanding Investigators from the United States Attorney's Office in El Paso. I received two U.S.



Customs Commissioner Awards, Unit Citation Awards, and that was in '95 and 1989.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



844



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Q.



What are your current duties and responsibilities



with Immigration and Customs Enforcement? A. Right now I'm with the Office of Professional I'm responsible for conducting



Responsibility.



investigations involving serious misconduct of employees. Q. What area or geographic area do you cover as part of



your duties and responsibilities? A. We cover all of Colorado. We pretty much mirror the



same district as the SAC office or Special Agent in Charge for ICE, which is Colorado, Salt Lake City, and then we have Montana. Q. And I think that's it.



There is one more state in there up to the north



where the wind blows and fine people are bred there. A. far. Q. A. Q. You cover Wyoming, as well? Wyoming, yes. I forget that one, sorry. I am not sure -- I don't think I have gotten that



In regards to the matter at hand, are you familiar



generally with the cases pending before this jury; the United States of America v. Cory Voorhis? A. Q. A. Yes. What is your relationship to this case? I am the -- one of the case agents in this



investigation. Q. What do you mean by "case agent"?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



845



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A.



I am -- well, the way we are set up, since we have



three agencies involved, I'm -- I partake in some of the investigations, particularly those that -- when I need to retrieve records or information in regards to ICE. Q. So, if I understand it, then, there is also case



agents from other agencies involved in this investigation? A. Q. A. Q. A. Q. A. Q. Correct. And you are representing ICE? That is correct. When were you assigned to this case? It was October 17, 2006. Who are your fellow agents in this particular case? John Elvig, FBI; and Jan Simkins, CBI. Could you tell us, please, a little bit about how it



was that you decided -- how you would divide investigative responsibilities during the course of this investigation? A. We would -- we usually would meet and figure out what And then from there we would



our investigative plan was.



delineate who would cover what assignments we would all have. For the most part, the assignments that I typically



received were anything connected with ICE-related matters. Q. Let me talk to you a little bit about ICE-related We've heard before in this trial that ICE is the



matters.



result of a merger between two separate distinct law enforcement agencies; is that correct?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



846



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A. Q. A.



That's correct. What were those two agencies? It was the Immigration Service and U.S. Customs



Service. Q. Let's talk -- now, you told us you were originally



with the United States Customs Service? A. Q. That is correct. Could you tell the jury, please, what it was that the



United States Custom Service did? A. We basically conducted investigations involving the



movement of merchandise, to include contraband, and we would protect the revenue of the United States. Q. How would you go about doing that? Tell us a little



bit more than that kind general statement. A. work. Well, we had various disciplines of investigative We had what we call the commercial fraud, which has



to do with the importation and exportation of merchandise. We also handled the -- or investigated movement of currency. We also conducted money laundering We also conducted ammunitions and gun



investigations.



export cases, to include some sensitive electronic, could be software or components. We also conducted a lot of Those were



smuggling as it related to narcotic smuggling.



basically the principal investigative disciplines. Q. Now, ICE was formed, I believe, in the year 2003; is

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



847



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that correct? A. Q. That is correct. When ICE was formed in 2003, your side of the house,



that is the Customs side, and Naturalization -- the Immigration and Naturalization folks were thrown together; is that correct? A. Q. That's correct. How did ICE begin to divide up the duties and



responsibilities of these two various or disparate entities? A. From what I could tell is -- in what I observed here



in Denver, they pretty much maintained the investigative disciplines that we had with Customs, then they incorporated also the investigative disciplines from Immigration, which I have very limited knowledge on. Q. In regards to this particular case, and Mr. Voorhis



as part of your investigation, did you obtain any records and/or documentation regarding what type of training he had received regarding computer security? A. Q. A. Yes, I did. Why did you want those types of records? Well, the reason for pulling those records were to



identify what training he had received in relationship to the allegations that were raised in this investigation. Q. Is computer security a topic or the type of training

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



848



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that agents would receive on a regular basis in ICE? A. Q. It's received on a regular basis, yes. How often does an agent undergo some type of training



relating to computer security? A. The computer security training, that one typically



comes out every year. Q. What type of training -- could you tell the members



of the jury, please, what is it that an agent would be trained upon when they are getting computer security training? A. way. The computer security training, that's online, by the It informs the agent as to how to physically



maintain security of the computer, the use of the computer with other devices, what's allowed, what is not allowed, the handling and managing of sensitive information. That's pretty much it. Q. Did you pull the training and/or certificates of



exhibits -- excuse me, certificates reflecting Mr. Voorhis' training? A. Q. Yes. Do you have a white book in front of you that is



labeled Government Exhibits? A. Q. Yes. Would you please turn to Government Exhibit 301. Is



that, in fact, one of the documents that you obtained?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



849



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A. Q.



Yes.



This is one of the documents.



Tell me, please, without going into the contents,



generally what are we looking at in Government Exhibit 301, please? A. 301 are questions that are taken by the agent after



he reviews the material on the computer security module, and these are the various questions that may be posed to the agent when he takes -- in order to obtain his certification. Q. Now, this really -- would you prefer to characterize



this document as something about how to keep the information within your computer security? A. Q. Correct. Not leaving the computer behind when we travel. We



might not be leaving it in unlocked vehicles. that? A. Q. Right.



Things like



Would you please turn to Government's Exhibit 302.



What is that, please? A. This one is the ICE Computer Security Awareness



Training 2006. Q. A. Q. What is that -- what does that document reflect? This document is -- I will read what it is on here. Let's not go into its content. When is that document



given to an agent?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



850



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A. Q. A.



When? Yes, when? After he completes the course, takes the examination,



then at the end he can print the certificate. Q. So the course would be reflected -- or at least



questions -- testing questions would be reflected in 301. 302 would simply be the certificate of completion? A. Correct. MR. ANDERSON: Move for introduction of



Government's Exhibits 301 and 302. MS. VOORHEES: THE COURT: No objection, Your Honor.



They are admitted.



(Exhibit Nos. 301-302 are admitted.) Q. (By MR. ANDERSON) Please turn to Government's



Exhibit 303.



Is this also a certificate that you were



able to find relating to training that Mr. Voorhis had obtained in the year 2006? A. Q. Yes. In regards to this certificate, was this -- does this



reflect that he had completed some type of training relating to on-the-job skills? A. Yes. MR. ANDERSON: Move for the introduction of



Government's Exhibit 303. MS. VOORHEES: No objection.



DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



851



1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q.



THE COURT:



It's admitted.



(Exhibit No. 303 is admitted.) (By MR. ANDERSON) Specifically, what is the title of



this particular course that Mr. Voorhis completed? A. Q. It's Integrity Awareness Program. Let's talk about the Integrity Awareness Program. As



part of your investigation in this particular matter, did you review the training that was contained within the Integrity Awareness Program? A. Q. Yes. Tell us about what -- particularly, the jury, tell



the members of the jury, what is the Integrity Awareness Program? A. Q. A. It has to do with conduct and ethics. Specifically, what? It relates to conflict of interest, gifts, bribes,



some of the values that the service requires of us. That's all I can think of right now. Q. A. Q. A. Q. And Mr. Voorhis completed that program? That is correct. Now, 2006 was an election year, was it not? Yes, sir. Do you, as an ICE agent, or did you as a Customs'



agent, ever receive training in the appropriate conduct that you may engage in while employed as a federal law

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



852



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enforcement officer in relationship to campaigns and/or election runnings? MS. VOORHEES: May we approach? THE COURT: Yeah. Objection, Your Honor, under 404(b).



(A bench conference is had, and the following is had outside the hearing of the jury.) THE COURT: Okay. Your Honor, we are going to object



MS. VOORHEES:



to any inquiry into whether Mr. Voorhis -- we are going to object to any scope of inquiry as to Mr. Voorhis violating the Hatch Act. We think that that is uncharged conduct



that should have been noticed if it is going to be discussed under 404(b). We received no such notice, and



we also would object under 403. MR. ANDERSON: We're not specifically going to be



alleging or bringing forth evidence that Mr. Voorhis violated the Hatch Act, merely that training is provided to agents relating to the proper conduct of agents during election years, and what kind of conduct they may or may not engage in. MS. VOORHEES: We are going to object to any



implication that Mr. Voorhis' conduct was improper, to the extent that it is not charged in this case. THE COURT: The objection is overruled.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



He may



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bring out testimony.



And stay away from the Hatch Act



because that isn't charged. MR. ANDERSON: Very good, Your Honor. That's fine.



(The following is had in the hearing of the jury.) Q. (By MR. ANDERSON) In regards to training that the



defendant received, did you, in fact, pull some type of document that showed a lot of the training that the defendant received over the period of time that he had been a special agent with either the Immigration and Naturalization Service and/or Immigration and Customs Enforcement? A. Q. Yes, I did. Let me have you turn your attention to Government's Is that, in fact, a printout reflecting many



Exhibit 308.



of the courses of training that Mr. Voorhis received while serving for Immigration and Customs Enforcement, and before that, Immigration and Naturalization Service? A. Yes, sir. MR. ANDERSON: Exhibit 308. MS. VOORHEES: can review this. No objection, Your Honor. THE COURT: It is admitted. Your Honor, just one second so we Move for introduction of Government



(Exhibit No. 308 is admitted.)

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q.



(By MR. ANDERSON)



And this document speaks really to



the level and amount of training that a special agent such as Mr. Voorhis would receive; is that correct? A. Q. That's correct. And would it be fair to say that ICE and any federal



law enforcement agency prides itself on the training and expertise that their agents receive? A. Q. That is correct. In regards to this investigation, you said that you



were referred to -- the case was referred to you on October 17, 2006; correct? A. Q. A. Correct. What did you first do? Well, first of all, I was notified by management that



management, meaning within OPR, that an investigation would be assigned to me. At the same time, I was also



informed that CBI would be notifying me so that I could help them out. I didn't know a whole lot as to what had I had very limited information.



transpired at that point.



And I eventually did get called by CBI. Q. A. Q. Who in CBI did you work with? I worked with Jan Simkins and Mark Wilson. And in regards to the phone call you received, was



that with one or both of those agents? A. It was kind of like a combination.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



But the majority



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of the discussion was with Mark. Q. A. Q. Mark Wilson? Yes. And did that bring you up to speed, at least with the



basic allegations that were being made or raised at that time? A. Q. That is correct. Once you had that overview or that briefing, what did



you do in regards to this case? A. We -- I met with them the following -- well, prior to



that, I was requested to obtain Cory's laptop that was assigned to him. Q. A. Who made that request of you? That came from our management. Then, also, once we



found out -- because I wasn't even sure if he had a desktop or a laptop. Once I learned that he had a laptop,



then I requested that we pull the laptop, to include his cellular phone. Q. Would that be a standard or -- a standard procedure



you would follow in an investigation of this sort? A. Q. A. Q. A. Sure, considering what the allegation was. And did you, in fact, do that? Yes, I did. When? That was on the evening of the 17th of October 2006.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q. A.



Tell us how you went about doing that. It was coordinated through myself, through management



of OPR, management of ICE, and I ultimately came in contact with Cory's supervisor, who is Kathy Edgell, and we coordinated. It was later that evening that I obtained



the laptop and the cellular phone. Q. A. Q. A. Now -She handed it to me at the SAC office. What did you do with that laptop? I then took it and -- took it back to the office of



OPR and locked it up. Q. A. What was subsequently done with that laptop? On the 19th of October I turned it over to the FBI



for forensics analysis. Q. We'll talk about that in a bit. So you obtained a



computer, and turned it over for forensic analysis? A. Q. Correct. What other steps did you take initially in this



investigation? A. At that point, the following day, which I believe was



the -- I think it was the following day, the 18th, there was a meeting, and there I was able to get more information as to the allegations that were being raised and learning, to some degree, most of the participants and how, up until that point, what information was available

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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that I could take back and figure out what my next step would be. Q. Once you get that information from that meeting on



the 18th, what, if any, investigative steps did you take? A. Later that week, I went to the SAC office, and I



conducted a search of Cory's cubicle. Q. Let's talk about what you mean by a SAC office. Do



you mean S-A-C-K? A. Q. A. No, SAC; Special Agent in Charge office for ICE. Where is that located? It is at 5445 Parkway in Greenwood Village, in the



DTC Center. Q. A. Describe that office or offices for us, please. The cubicle that Cory occupied was located -- well,



the office is divided -- it almost has like separate large, if you will, conference rooms, if you will. And



then within it they'll insert, I don't know, maybe 8 to 10 cubicles in there. And that's where they have a



designated group supervisor that -- they are responsible for a certain type of investigative discipline. Q. In regards to your investigation -- during the course



of your investigation, were you able to determine what type of investigative discipline Mr. Voorhis was responsible for? A. He was in the, I believe it was the money

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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laundering -- it was money laundering.



I can't remember



the other title, because they've changed them so much that I'm not -- but I know it was the money laundering group. Q. A. Q. How many other agents were assigned to that group? It was probably maybe 10. Now, we see on TV all of the time that agents Is that the way



typically will have a buddy or a partner. ICE works?



Was Mr. Voorhis assigned to a particular



partner, or would he work with different people depending on the case? A. No. I think that you gravitate toward certain You don't necessarily get somebody assigned



individuals.



for the most part. Q. Let's talk a little bit about this working space of How many floors or how many levels are in



Mr. Voorhis'.



this building, if you know? A. That I know of, there are two. The 6th floor and the



5th floor. Q. A. Q. A. So there would be 6 floors total in the building? I am sorry, I misunderstood your question. How many floors of that building did ICE occupy? Let me back up. There is more than 6 floors. ICE



occupies the 6th and 5th floor. Q. A. All right. Yes.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



It is a multi-story building?



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Q. A. Q.



ICE is on two floors? Yes. Of those floors, do you recall which floor



Mr. Voorhis' office was located in? A. Q. The 6th floor. The 6th floor. Describe his working place for us,



please. A. Q. A. Q. A. Q. A. I-25. Q. A. Q. A. Q. A. Q. Could he see I-25? Yes. So there was a window? Yes. Tell us, please, is there a door? There is a sliding door. Is that sliding door -- are you able to secure the Well, his cubicle is, I would say, 6 by 6 , I think. So 6 foot by 6 foot? Yes. Does it have a window? No windows. Facing the interior of the building? It is actually -- his cubicle would face out towards



door or lock it? A. Q. I am not sure. Does this cubicle -- is it like we see on television,

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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with many folks' working environment where they have a cubicle, and it only goes maybe 5 to 6 feet tall, and then there is an open space to the ceiling? A. Q. A. Q. A. That's correct. Is that what we are describing here? That is exactly what it is. What type of electronic equipment is in that cubicle? In his case, the only thing that I saw there was the



phone, the hard line, and that was it. Q. A. Q. What about a computer? No. There was no desktop computer.



What machine or computer did Mr. Voorhis do his work



upon when he was working at the ICE offices, as you've described? A. Q. A. Q. A. The majority of his work was done on the laptop. The laptop that you got on the 17th? On the 17th, correct. How do you know that? This was determined by -- first of all, my



observations that -- I came to realize that many of the Legacy INS agents would work from laptops, which very little of the Customs agents would work from laptops. We



had some assigned, but the bulk of the work typically was from desktops. And then once -- that was basically it.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



Because he



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had no desk top in his cubicle.



So the only device, if



you will, or computer that was available to him was the computer that was assigned to him, which was the laptop. Q. Did the defendant, Mr. Voorhis, have access to the



internet from that work space? A. Q. Yes. Tell us about how the internet would be accessed from



that work space. A. Well, there is connections there. I don't know the



appropriate -Q. A. Cable or wireless? Well, I know he had a wireless card in his laptop.



But I don't know how exactly, if he connected cable-wise or wireless. Q. In regards to the -- this office, did you search the



office? A. Q. A. Q. A. I did. When? On the 19th of October. Did anyone help you? Yes. Two other agents helped me; Senior Special



Agent David Cook, who is also with OPR, and Special Agent Terry Brownfield, who was assigned to us from the Federal Protective Service. Q. Could you describe for the jury, please, what all was

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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taken that day? A. We took many A files and case files. And there was



some other folders in there, as well. Q. Now, let's talk about that. You said "we took A



files." A.



Please tell us, what is an A file? And it



An A file is referred to as an alien file.



basically maintains all of the transactions that an alien has with immigration. Q. A. What does an A file look like? It is basically a folder, and it's -- it can vary



from thickness, depending upon the amount of transactions. Q. For demonstrative purposes, would it appear similar



in appearance to the item I am holding in my hand, which is a file we took out of a box that the defense has? A. Q. Yes, it looks comparable. Looks like that. Would there be printing on the



outside of the folder? A. There would be. And the tab would have the



designated number to that A file. Q. How many A files did you remove, to the best of your



recollection? A. Q. In total there were about 24, 26 files -- A files. In regards to the other material, we've covered What other type of things did you see?



A files. A.



The other were case files.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q.



What is the difference between a case file and an



A file? A. Q. The case file is typically your investigative file. I still don't understand. Could you distinguish



between the two for us, please. A. Well, the A file could, I guess, to some degree, But, as I



could be an investigative file, as well.



understand it, the criminal -- the case file, that one has all your activities that you've done as it relates to that investigation. ROIs. It has what they call the



chronology sheet as to the activities that you've performed in connection with that investigation. Q. And an A file typically wouldn't contain that type of



material? A. Q. A. Q. No, it wouldn't. An ROI is what? Report of investigation. And there would also be a place where you could say,



gee, on this date I called this person, this date I did this, so on. A. Q. take? A. Q. There were 12. I believe there were 12 case files. That is what you call the cron sheet?



That is a cron sheet. So you took case files. How many case files did you



What other items did you seize at that time?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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A.



At that time I also came across some other files that



were not set up in the same method as the criminal or the official case file that we typically use with ICE. were just folders that contained documents. They



There was



some documents there that were -- I don't know if they were stapled or in paper clips or whatever. also there. They were



So I tried to inventory everything to the



best that I could. Q. A. Q. Was there -- were there personal items? Yes, there were. Picture of wife, picture of children, other personal



items, perhaps a checkbook, things like that? A. Q. No. I didn't take that kind of material, no.



So you tried to take material relating to work; is



that correct? A. Q. That is correct. And did you, in fact, create some type of inventory



or list of items that you had taken from the work area? A. Q. Yes. I would like to turn your attention to Government's Again, that



Exhibit 306 in the book before you, please. is 306. Could you review that document?



It consists, I



believe, of three pages. before? A. Yes.



Have you seen that document



DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q. A. Q.



Did you create that document? Yes. Does this document contain the complete list of



items, files and so forth that you removed from Mr. Voorhis' office back, I believe you told us on October 19, 2006? A. Q. A. Yes. This is it? This is it. MR. ANDERSON: Move for introduction of Government



Exhibit No. 306, please. MS. VOORHEES: THE COURT: No objection.



It's admitted.



(Exhibit No. 306 is admitted.) Q. (By MR. ANDERSON) While we're at it, I would like



you to turn to Government's Exhibit 306A, which is immediately behind 306 in your book. that document? A. Q. A. Q. Yes. What is that document? This is the CCIC Newcom Training Manual. Where was this -- where did you first see this Would you review



document? A. This document came from one of his folders that he



had in the cubicle.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q. A. Q.



Did you take this document? Yes, I did. The document you have in front of you, is it the



original or a copy? A. Q. This is a copy. Does the copy appear -- other than numbers on it,



does it appear different or in any way altered from the original? A. Q. It looks complete. It is complete, unedited. MR. ANDERSON: Move for the introduction of



Government's Exhibit 306A. MS. VOORHEES: THE COURT: No objection.



It's admitted.



(Exhibit No. 306A is admitted.) Q. (By MR. ANDERSON) What did you do with these items



that you removed from the defendant's cubicle -- office cubicle on October 19, 2006? A. On the 19th, or when I took the items, I took them And I had them locked up in a



back to the OPR office. room that we had there. Q.



In regards to the items that you removed, was there



any sort of electronic storage media that you removed from the office area? A. I removed approximately 62 diskettes.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q. A.



Where were those diskettes contained, please? Those were contained in the -- it was, I believe it



was an overhead file cabinet. Q. In regards to the diskettes, did you write them down Or



some place, or just took it as part of the inventory? did you just take the diskettes separate from the inventory material because of their loose nature? A.



No, I took apart -- when I took initially all of the They were all



documents out, I brought them with me.



contained within a plastic container or a diskette container. Q. In looking over the cubicle material, would we find



the diskette material listed? A. Q. A. Yes. Yes.



Where will we find that? It will be the last item on page 3 of the -- titled



Cory D. Voorhis Cubicle Material. Q. A. Q. A. Q. So you just simply listed them as diskettes? Yes. Again, for the record, there were how many? There were 62. Did you, at that time, or at some subsequent time,



have an opportunity to review those diskettes? A. Q. Yes. Did it appear -- who did it appear to you had been

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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placing information on those diskettes? A. Q. Cory Voorhis. Was there any indication to you that any other



individual at any time had used those diskettes, or were these Mr. Voorhis'? A. Q. These were Voorhis'. I would like to hand you two documents. Did you



subsequently label diskettes 1, through whatever number? A. Q. Yes. I gave them sequential numbering.



Do you recall retrieving documents from a diskette



that was labeled Diskette No. 28? A. Q. Yes. Let me hand you what we've marked for purposes of



identification -- well, have you in front of you got Government's Exhibit 310 or 311? A. Q. Yeah. Turn your attention to Government's Exhibit 310. Is



that an item that you discovered on diskette No. 28? A. Q. Yes. Let me turn your attention to Government Exhibit 311.



Was that also an item that you discovered on diskette No. 28? A. Q. way?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



Yes. You didn't change or alter or edit these items in any



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A. Q.



No. Do they appear to be authored by the defendant,



Mr. Cory Voorhis? A. Q. A. Q. A. Q. A. Q. A. Q. Yes. They are letters, are they not? Yes. They contain his address? Yes, they do. And is that, in fact, where Mr. Voorhis resides? That was a former address. Was that an address that he did reside at? Yes. And, again, the same with the Exhibit 310, his



address or former address, that sort of thing? A. Q. A. Yes. You didn't change or alter these in any way, did you? No, sir. MR. ANDERSON: Exhibits 310 and 311. MS. VOORHEES: THE COURT: No objection, Your Honor. Move introduction of Government's



They are admitted.



(Exhibit Nos. 310-311 are admitted.) MR. ANDERSON: Q. (By MR. ANDERSON) Permission to publish on the elmo. In regard -- let's turn our Mr. Voorhis gives us



attention first to 310, if we might.



DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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an idea of what political party he belongs to there, doesn't he? A. Q. Yes. And further on, what is the nature of this particular Did you review this letter?



letter, if you will? A. Q. Yes, I did. Okay.



Very briefly, but I did.



And in regards to this particular letter, I



take it that Mr. Voorhis is expressing his opinion as to why -- his opinion is concerning this particular individual's recent senatorial campaign; right? MS. VOORHEES: MR. ANDERSON: THE COURT: Objection, leading. The document speaks for itself.



Sustained. I will withdraw the question. This is one of the letters you



MR. ANDERSON: Q. (By MR. ANDERSON)



retrieved off that diskette; is that correct? A. Q. That is correct. And what it shows is that Mr. Voorhis is bipartisan



at times? MS. VOORHEES: THE COURT: Q. Objection, argumentative.



Overruled. Let's also look at 311 if we



(By MR. ANDERSON)



might.



In regards to this particular letter, who is John



Ashcroft? A. The Attorney General of the United States.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q.



And back in, I believe, when this letter was



authored, January of 2001, Mr. Ashcroft was a nominee for that high position; is that correct? A. Q. That's correct. In fact, at that time, Mr. Voorhis worked for the Isn't that where INS was back in



Department of Justice. the -- pre-9/11? A. Q. A. Q. That is correct.



So this was going to be Mr. Voorhis' boss? Yes. Would you turn your attention to the very last --



last sentence in the last paragraph, please. A. Q. A. Q. Yes. What political party is Mr. Ashcroft? Republican. And Mr. Voorhis said "Senator Ashcroft can only harm



our party with his stance on abortion and mass immigration." A. Q. Correct. This was a letter that was sent to a senator here in Correct?



Colorado, Senator Nighthorse Campbell; correct? A. Q. Correct. In regards to the items contained within the computer



that you seized, you said that you had those items analyzed; is that correct?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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A. Q. A. Q.



Yes. By whom? The FBI did the forensic analysis on the laptop. And that was the -- what was the name of the entity,



if you recall? A. No, I don't know the exact name. But I know it is



Rocky Mountain -- I don't know the exact name. Q. Rocky Mountain Computer Forensic Laboratory. Does



that sound close? A. Q.



I may have some words jumbled there.



That sounds close. To the best of your knowledge and belief, was the



computer that was given to you by Kathy Edgell on October 17, the computer -- was it used to access NCIC on September 27, of 2006? A. Q. Yes. As part of your investigation into this particular



matter, have you reviewed the queries -- that is the NCIC queries that were made by Mr. Voorhis on September 27, 2006? A. Q. Yes. I would like to call your attention, if I could,



please -- and let's just briefly refer to those queries if we might. And if you can turn your attention to Are you there, 103A?



Government Exhibit 103A. A.



No, I am not showing -- let me see, because I have

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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another insert. Q.



Oh, here it is.



Okay.



And at the top of that document we should be looking



at -- the first line should read something to the effect of "Identification data updated 2005/02/15." looking at the same document? A. here. Q. All right. Can you give me the bates number you have Top line. Are we



No, I don't think we're looking at the same document



at the bottom right-hand corner, please? A. Q. It is 500131. 131? That is my mistake, and I apologize. My fault.



Could you move, please, to the next page. A. Q. Yes.



You are at 132?



In regards to this particular query, did you review



the material that was contained in Government's Exhibit 103A? A. Q. Yes. Did you cross index or determine if the individual



queried in 103A was contained on the list of names that were provided to Mr. Voorhis that's reflected in Government Exhibit 204? 204 would be the list of names -We might even have



well, I will have you go look at 204. that pulled up. notebook? you set?



Could you remove 204 from the binder Are



It would probably speed things up a bit.



DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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A. Q. A. Q. A. Q.



Set. This particular query was for whom? This was for David Miranda. In regards to Mr. Miranda -- how do you say it? Miranda. Miranda. I apologize for my pronunciation. Did you



look to determine whether on any of the files you removed from Mr. Voorhis' desk, did any of those files relate to David Miranda? A. Q. No. Did any of the A files that you removed relate to



David Miranda? A. Q. A. Q. A. Q. No. Did any of the case files relate to David Miranda? No. Did you review the contents of those files? Yes, I did. Did any of the contents of those files relate to



David Miranda? A. Q. No. In regards to this particular history -- and this may If it is, you let



be a better question for Ms. Simkins. me know.



But I look at the next three pages of this



document, that would be bates 132, 133, 134, and just the top part of 135, a lot of names there; correct?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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A. Q.



Yes. Why are we getting all of those names when we do that



query, do you know? A. Q. then. I think that would be a question for Jan Simkins. All right. In regard to 103B, let's turn there,



Just to double check, do you see Government's



Exhibit 103B in the lower right-hand corner? A. Q. A. Q. Yes. Page 1 of 7? Yes. Let's talk about this particular run. Did you --



now, when you searched on October -- excuse me, October 19, 2006, had you been given the names of the NCIC queries that Mr. Voorhis had made? A. Q. Not at that time, no. So you didn't -- at that time you're not keying in on



any particular file; is that correct? A. Q. A. That is correct. When were you subsequently given those names? On the -- I believe it was a meeting we had on the But it



18th, I was able to get some information on that. was very limited.



I still didn't know exactly the exact



names that were run because we were talking at least two or three lists, I believe it was. So it wasn't until



maybe a week or two after I took the records that I

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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actually started to review. Q. A. Q. All right. Yes. So the first thing -- name you reviewed was the first But you did that review; is that correct?



name queried, Miranda? A. Q. A. Q. A. Q. A. Q. Yes. Was it that name? The first query, yes. Okay. Yes. Queried him? Uh-huh. And he isn't part of any official case file; is that So we have gotten Mr. Miranda first?



correct? A. Q. A. Q. That is correct. He is not a part of any alien file that you have? No. Did you query or did you try to figure out if that



was a file that Mr. Voorhis had ever worked on? A. I know I did request some information regarding



whether it had been requested or not, but I can't remember because there was just so much information I can't remember right now. Q. Let's take it a step at a time and see if we can help Did you review this man's A file?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



there.



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A. Q. A.



No. You never obtained it? I never obtained David Miranda's -- I am sorry, I Eventually, I did.



take that back, I did. Q. Okay.



And in regards to Mr. Miranda's A file, did



you query it to see if Mr. Voorhis had ever made any entries in the A file? A. Q. No, I didn't. Okay. Do you know whether Mr. Voorhis ever had had



any connection with this case at all? A. From the documentation that I had, no, I couldn't



tell that he had any connection with this. Q. And the documentation would have been all of the



items taken from his desk? A. Q. A. Q. Correct. The A file on the individual? Right. Did you query any other databases to see if



Mr. Voorhis was connected with Mr. Miranda? A. I also did a check of the Treasury Enforcement And I also reviewed some 3 by 5 I don't know the exact name



Communication System.



cards, immigration documents. of that form.



It is almost like an investigative control And I did not come across David



card, if you will. Miranda.



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Q.



All right.



You mentioned something that I want to



ask you about TECS, T-E-C-S? A. Q. A. Treasury Enforcement Communication System. What is that? That is an electronic database that is -- at the Now it



time, it was controlled by U.S. Customs Service. is under Customs and Border Protection. database.



They control that



And that was the heart, if you will, of the



database for the U.S. Customs Service. Q. If you, in fact, were going to open a file, in what



system would you use -- available as an INS agent, what system would you open the file in? A. Q. I am not sure I understood your question. Well, let me see if I can make it a little clearer.



If you are going to create a file, if you are going to open an investigation, you would create a file, wouldn't you? A. Q. A. Q. A. Q. A. Q. Yes. What system would you record that information within? Currently, or back in -- when we were U.S. Customs? In October of -- September, October of 2006. It would be under Treasury -- I am sorry, TECS. That is the database you use; is that correct? That is correct. That is one of the -- how significant a database to

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your work is it? A. Q. Oh, it is pretty significant. Okay. And in that regard, did you query TECS



regarding Mr. Miranda? A. Q. Yes, I did. Did you see any link from Mr. Miranda and



Mr. Voorhis? A. Q. None. I would like you to call your attention to That is the list that I asked



Government's Exhibit 204. you pull out. A. Q. Yes.



Do you see 204?



Could you go down the list of 204 until you come to



the M's. A. Q. A. Q. A. Q. A. Q. A. 131. Q. 131. So we see that individual's date of birth?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



Yes. What do you see there? There is Miranda David. What is the date of birth? 8/8/1974. Does that date of birth show up in this NCIC query? Yes. Where do you see that, please, sir? I am looking at Exhibit 103A, and it is Bates stamp



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A. Q.



Yes. And we see that individual's -- although there is a



little different spelling, Mirando versus Miranda, we have the same first name? A. Q. A. Q. Yes. And we have the same date of birth? Yes. Very good. Now, rather than go through this -- each The



one line by line by line, let me just generally.



other exhibits that we have introduced, Government's Exhibit 103B, 103C, 103D, did you generally go through that same exercise with each of these particular NCIC runs? A. Q. A. Q. That is correct. And these NCIC runs were given to you by whom? The runs were by CBI. Did you also conduct your own NCIC runs as part of



this investigation of those names? A. Q. Yes, I did. And, certainly, in relationship to the materials that



you seized, did any of the names that we see in Government's Exhibits 103A through 103G, did they ever show up in any of the files that you seized? A. Q. No, they didn't. Did they show up in any of the alien files you

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seized? A. Q. No. Did they show up in any way connected with any



ongoing official work that Mr. Voorhis was conducting? A. Q. No, nothing showed up. In regards to -- let's talk about Government's In regards to that



Exhibit 103E, if we might, please.



particular individual, have you reviewed this particular NCIC query with some degree of care? A. Q. Yes, I have. Have you also compared the information that is



contained in this particular NCIC information with what is available, I believe, in the system called CIS? A. Q. A. Q. A. Yes. What is CIS? It is the Central Index System. What type of database is CIS? That contains immigrant information. It contains



border intercepts.



It contains any kind of lawful



permanent resident, and other aliens that may have business, whether lawfully or unlawfully, that were intercepted or caught in the database records. Q. Let's talk a little bit about what we did with



Government Exhibit 103E, or what you did with Government Exhibit 103E. Government Exhibit 204 and another

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Government Exhibit -- in just a moment that I'll reference, but let's talk about Government Exhibit 204 again. Go down to the Rs. On Government Exhibit 204. Do



you see the name Walter Noel Ramo? A. Q. Yes. Let me ask you this. Did you seize any pink Mark a



Lots from Mr. Voorhis' desk top? A. Q. No, I didn't. Did you see any pink Mark a Lots in Mr. Voorhis'



working area? A. Q. I don't recall. In regards to Mr. Walter Noel Ramo, we have a date of



birth of 11/2/79; is that correct? A. Q. That is correct. Now, if you were to take that name, Walter Noel Ramo,



DOB 11/2/79, and run it through -- you can run that through various Treasury databases, can't you? A. Q. A. Q. A. Q. A. Q. Yes. You can run it through TECS? Yes. You can run it through CIS? Yes. Did you run it through CIS? Yes. Let me call your attention to another Government

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exhibit that we have been talking about through the course of this trial; that would be Government Exhibit No. 2 -MR. ANDERSON: write it down. Q. I apologize, Judge. I forgot to



I apologize. Let me turn your attention to What are we looking at



(By MR. ANDERSON)



Government's Exhibit 305, please. in Government's Exhibit 305? A.



We are looking at a record from the Central Index



System. Q. A. Q. Who created -- do you know who created this document? I am not sure I understand your question. Do you know when this document was created, by



looking at the document? A. Q. The date was 12/20 of '07. Do you know who the operator was that ran this



particular query? A. Q. A. Q. I did. You? I did. Was it part of the investigation of this particular



matter that you ran that particular query that particular day? A. Q. Yes. Let me ask you this. When you ran this particular



query, was it part of the investigation to determine what

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information was retrievable out of the CIS relating to Mr. Ramo? A. Q. Yes. Let me also turn your attention now to Government's Did you run that particular exhibit?



Exhibit 309. A. Q. A. Q. A. Q. A. Q. A.



Yes, I did. Is that also part of this investigation? Yes. And was -- that was first in time; is that correct? I am sorry? That was first in time? Yes. Was that run first? Uh-huh. MR. ANDERSON: MS. VOORHEES: Move introduction of 305 and 309. 305 is stipulated, Your Honor. I



need to take a look at 309. THE COURT: exhibits. MS. VOORHEES: THE COURT: No objection, Your Honor. It is not necessary to offer stipulated



It is admitted.



(Exhibit Nos. 305, 309 are admitted.) Q. (By MR. ANDERSON) So taking things in reverse order, If you



let's talk about Government Exhibit No. 309 first.



were to run the name Walter Noel Ramo in the CIS system,

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what information do you get back? A. Q. A. Q. Displayed name. Date of birth not found.



I'm looking at Government Exhibit No. 309; correct? Yes, that is what I have. I see the first line -- the first line after the kind



of header, last name Ramo; correct? A. Q. A. Q. A. Q. A. Q. A. Q. Okay. What is the first name? The first name is Ramo. Okay. Walter. Okay. What do we next see? And then what does the next line tell us?



Then we have the exact date of birth. What does that mean? Date of birth. So is this the information that the operator would



query in -- that you would type in? A. Q. Yes, that's correct. So what we're looking at, the top of this document,



then, is information that you input? A. Q. That is correct. Now, let's go to the bottom part. Where do we get



the output? A. The output, once it's -- the query is made. The



record then -- or the "no name" or "date of birth not

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found" then appears on the record in this case. Q. So let me ask you this. If you type in Walter Ramo,



into CIS, you don't get any information on Walter Ramo? A. Q. A. No. Why? There is no record. There is no information on that



person under that name, that date of birth. Q. Well, we know that that was the case on -- this



document is dated on November 26th of 2007; correct? A. Q. Correct. Do we know that that was the case back in October or



September -- excuse me, September of 2006? A. That would have been the case, too, if I would have



ran it back then. Q. A. Why? It would have popped up. It would have told me the



record is here.



There is nothing to indicate -- there is



no record, I mean. Q. So Walter Noel Ramo is an unknown quantity in CIS; is



that correct? A. Q. That is correct. So if I was given the name of Walter Noel Ramo to



research, a CIS query would not do any good? MS. VOORHEES: THE COURT: Objection, leading. Sustained.



It is.



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MR. ANDERSON: (By MR. ANDERSON)



I apologize. Let me ask you it a different way.



If you were given the name Walter Noel Ramo and you queried CIS, what type of information would you get back? A. Q. In this case, no record. Very good. There is nothing found.



Now, you told us about a very valuable



tool called TECS; correct? A. Q. Correct. And that stands for Treasury Enforcement



Communication System? A. Q. Correct. By the way, if you query CIS, does it keep a record



of the query? A. Q. No, it doesn't. So there is no record of who queried what names in



this system at any time? A. Q. At any time. How about that TECS system, Treasury Enforcement



Communication System, what type of information do we find in that database? A. It has got numerous functions that it can do; queries



of various types of information. Q. A. Like what? You can query the individual. You can query



addresses, vehicles, Social Security numbers, all kinds of

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identifying numbers.



You can even run the individual to



see if he's conducted certain types of financial transactions. There is various -- there are just numerous



queries you can conduct. Q. It sounds like it is a repository of a great deal of



information; is that correct? A. Q. A. Yes. Now, is that database only available to ICE agents? Well, ICE agents have access to it, among some other



agencies, as well. Q. A. What other agencies? For instance, Alcohol Tobacco and Firearms, the



United States Secret Service -- these were the former Treasury components -- IRS. agencies that may have it. Q. And there may be some other I don't know to what extent.



Do all of those agencies also provide information and



input into the system? A. The only ones that I know of -- I know the Secret And I know Alcohol Tobacco and Firearms,



Service does. and IRS. Q. A. Q. A. Q.



Those are the only ones I'm aware of.



ICE doesn't put in any information? Other than ICE, sure. So the repository has a great deal of information? Yes. If you were trying to locate somebody, would you use

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TECS? A. Q. Absolutely. Does TECS have any method or sort of feature that



shows when a particular name has been run in that database? A. Q. TECS? A. Q. A. Q. Yes. Do you -- have you operated TECS? Yes. Do you know how to operate that feature of TECS that Yes. Can you, as an operator -- do you know how to operate



shows you when someone else has been querying a particular individual's name? A. Q. Yes. Did you query TECS to see if anyone had been



utilizing TECS to query the name Walter Ramo? A. Q. A. Q. A. Q. A. Q. Yes, I did. And what did you find out? In this case, he hadn't been queried by Cory. He had not been queried by Cory? That is correct. Cory Voorhis, the defendant? Cory Voorhis, right. Ever?

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A.



Ever.



Well, there was a time frame, from June the



1st of 2006 to the end of October 31, 2006, was the range of the query for Cory Voorhis. Q. A. Q. That you ran? That I ran. And I take it what you ran was the range -- you ran



Cory Voorhis to see all of the people that he ran on the system at that time; is that correct? A. Q. That is correct. All right. I got you. He never queried that name



particularly around September 27, 2006? A. Q. Didn't show up. Now, Mr. Olmos, if you were given the name Walter



Noel Ramo, is there any way to link up that name with the name that appears on Government Exhibit No. 2004; that is the list of names? you got it there? A. Q. Yes. Harold Ramo (sic). If we can go there and blow that Please blow If you could go back to that 2004, do



up, please go all of the way to the margin. that up a little better for us, please.



I see that to the



right of Mr. Ramo's name there is also a name Carlos Estrada Medina; is that correct? A. Q. Correct. Can you link those two names using CIS?

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A. Q. A. Q. A. Q. A.



No. Can you link those names using TECS? No. You can't? TECS? TECS. You cannot link Walter Noel Ramo to Carlos Estrada No.



Medina. Q. A. Q. Through TECS? No. What is the only database that you were able to find



that links these two individuals? A. NCIC. THE COURT: until 1:15. MR. ANDERSON: THE COURT: You bet, Judge. Mr. Anderson, can we take a break now



Thank you.



(Lunch break is taken from 11:56 a.m. to 1:20 p.m.) THE COURT: Thank you. Be seated, please.



Whenever you are ready. MR. ANDERSON: Court, counsel. Q. Thank you, Your Honor. Please the



Good afternoon, ladies and gentlemen. Mr. Olmos, when we broke, we were



(By MR. ANDERSON)



talking about what information was available on CIS relating to Walter Ramo; correct?

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A. Q. A. Q.



Correct. You told us that there was nothing available in CIS? That's correct. Did you run Walter Ramo or any variation of his name



on CIS? A. The other variation that I also conducted was with



Noel, just to make sure, with the same date of birth -Noel Ramo, and that was negative, too. Q. A. Now, when you ran him on NCIC, what names come back? The name -- the primary name or the controlling name



comes back to Carlos Roberto Estrada Medina. Q. A week ago we heard about master names or control What do you mean by that name, Carlos Estrada



names. Medina? A.



That is the name that is identified immediately to



that record. Q. In regards to that particular -- that particular



name, when does it first show up, to the best of your knowledge and belief, in the NCIC records, Carlos Estrada Medina? A. When I make the -- when I make the request or the



query for Walter Ramo under that date of birth, then when the record returns it comes back to Carlos Estrada Medina. Q. Thank you. When you -- when was that name, to the



best of your knowledge and belief, first used by this

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individual? A. Q. A. Q. That name was used in 1998, in Oregon. And you know that from review of the NCIC printout? That is correct. Now, there were two actual runs of that name, Walter



Ramo, on September 27; is that not correct? A. Q. That is correct. The first access occurred -- if you will turn your Are



attention back to Government Exhibit 103E, please. you there? A. Q. I'm there.



Let's look at this record for just a moment, please.



If you go to page 3 of 3 -- or 3 of 14, I am at Bates No. 500182. A. Q. Are you there?



Yes. At the top third of the page, we see a number of



names; correct? A. Q. A. Q. That is correct. A bunch of aliases; right? Yes. Now, in regards to all those aliases, I see down here



about a third of the way down there is a line, and then there is a break. But it says, "IMMED Confirm Warrant and Do you see that?



Extradition with ORI." A. Yes.



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Q. A.



What does that mean? It means that there is warrant outstanding, and



confirmation needs to be done provided you have the individual in your custody. Q. Now, do you know whether through TECS or through CIS



or NCIC, whether Mr. Voorhis ever took any step to confirm the existence of that warrant? A. No, I don't know if he did or didn't. There is no



way of me knowing if he did. Q. A. Q. Well, did you look at NCIC? I did. Did you ever see that he ran that name other than



these two runs? A. No. He just ran the criminal history then retrieved But I don't know if he actually did a



the record.



confirmation or not. Q. A. Q. Well, did you talk with Ms. Simkins about that? I don't recall. In regards to Mr. Ramo, did you find any electronic



evidence? A. Q. I am sorry? In regards to this warrant outstanding for him, did



you find any evidence during the course of your investigation that Mr. Voorhis had tried to confirm the existence of that warrant?

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A. Q.



No, I didn't find anything. In regards to Mr. Ramo, do you know what time -- if



you can look at the beginning of the Government Exhibit No. 103E, what time was that run started, or that query? A. Q. A. Q. A. Q. We're looking at Bates stamp 180? Yes. 10:38. 10:38? A.m. Now, I would like to turn your attention to



Government Exhibit 103G. Are you there? A. Q. A. Q. A. Q. Yes, sir. What time was that run -- that query, I should say. At 11:12. 11:12 a.m.? 11:12 a.m. What machine was used to make these queries? What machine? What



machine? A. Q.



It was the laptop computer that was assigned to Cory. Where was that done? MS. VOORHEES: THE COURT: Where did he do that?



Objection, foundation.



Sustained. Do you know where Mr. Voorhis --



Q.



(By MR. ANDERSON)



in what state Mr. Voorhis was in on September 27, 2006, approximately 10:38 a.m.?

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A. Q. A.



I know he was in Colorado. How do you know that? That was through the records, what we call time and



attendance records. Q. By the way, in regards to time and attendance



records, just out of curiosity, did you check to see when -- did you check to see when Mr. Voorhis had been present or absent from work during this time frame? A. Q. A. Q. A. Q. A. Q. Yes. Did he take any time off on September 27, 2006? 27th? Yes, sir. No. I believe it was the 26th.



On the 26th he took some time off? Right. What other dates did he take time off during this



time frame? A. Q. September the 15th and August the 28th. Now, we were told about a meeting that occurred on Did that



August 25th of 2005 at a place called Trailhead. come up during the course of your investigation? A. Q. day? A. No.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



Yes. Did Mr. Voorhis take any time off on that particular



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Q.



Mr. Voorhis take any time off on August 23rd or



August 24th of 2006? A. Q. No. And certainly didn't take any time off on the 27th of



September; is that correct? A. Q. That's correct. In regards to this second run or this second NCIC



query, as evidenced by grand jury Exhibit 103G, is there anything significantly different between this run and the run made earlier that morning at about 10:38? A. Q. The only thing is just a time difference. Do you know whether he queried a name that he used --



the query using a name or an FBI number on that second occurrence? A. Q. A. Q. A. Q. A. Q. A. Q. It was the record on the second occurrence. The record or the FBI number? The FBI number. Very good. Correct. The second time the query is by FBI number? Correct. That is the only difference? Yes. Is that the only difference in the information that So the first time there is a name query?



was generated?

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A. Q.



Right. Now, in regards to all of these files, we went over



earlier today that you couldn't find any connection to Mr. Cory Voorhis with the NCIC runs evidenced by Government's Exhibits 103A through 103G; is that correct? A. Q. Correct. And in regards to Mr. Ramo, there is a warrant



outstanding? A. Q. That is correct. If you were going to open an investigation as an INS



investigator, what would be the first step that you would take? MS. VOORHEES: THE COURT: THE WITNESS: Objection, foundation.



Overruled. Well, first of all, I would make



every effort to get the best identification I could on the individual. Then from there I would then start to find



out possibly the most recent contact this individual might have had with law enforcement, and then maybe follow up on all of the databases, checking for addresses, maybe possibly driver's license, if at all, any of them exist, checking addresses, for instance, using TECS, contacting probably state and locals, as well. Q. (By MR. ANDERSON) Let me ask you this. In addition



to taking those investigative steps, would there be any

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bureaucracy or bureaucratic steps you would have to take in that process? A. No. Just other than your supervisor being aware of



the work that you are doing. Q. A. Q. You would let your supervisor know? Absolutely. And then if you are going to open a case, do you have



to get a case number? A. Q. A. Q. A. Yes. Where do you get the case number from? You go into the TECS system. And what do you do in the TECS system? Once you go in there, you delineate what kind of You fill out, for



investigation you are going to pursue.



instance, name, type of categories, and then you also incorporate a little bit of a synopsis, if you will, a narrative. And then that information then goes into the If everything



que of the supervisor, who then reviews it.



is okay, the supervisor will approve it and you've opened up a full blown case. Q. Was that done with any of the names that we see in



Government's Exhibit 103A through 103G by Mr. Voorhis? A. Q. No. In regard to Mr. Ramo going -- jumping back to



Mr. Ramo, we don't -- you didn't see any evidence that he

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did any follow up to confirm -- or to confirm the existence of the arrest warrant? A. Q. Right. I didn't find anything.



Did you find any evidence, whatsoever, that he took



any steps, whatsoever, to locate Mr. Walter Noel Ramo? A. Q. A. Q. No, I did not. You didn't see any? I didn't find anything, no. Is there one scrap of paper that you recovered during



the course of your investigation that would suggest that the defendant had some sort of work-related purpose when he accessed NCIC on 9/27 in the morning at 10:38? A. Q. A. Q. I didn't find not one piece of paper. Any electronic evidence? No. In regards to this investigation, were you concerned



about who Mr. Voorhis might be talking to or communicating with during this time frame? A. Q. Yes. Did you obtain any telephone records as a part of



your investigation? A. Yes. MR. ANDERSON: THE COURT: Q. May I approach, Judge?



Yes. I would like to hand you some



(By MR. ANDERSON)



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phone records that we've marked as Government Exhibit 402, 403, 404 and 405. Do each of those -- are those records



you gathered in the course of your investigation? A. Q. A. Q. Yes. Were they subpoenaed records? Yes. You see at the front of 401 -- excuse me 402, 403,



404 and 405, a document saying these are regular business records of our organization. In other words, do you see a If you



certification for those records on each of those?



look at 401, it should be the first page and so on. A. Q. A. Q. A. Q. Yes. Is there a certification for 401, 402, 403 and 404? Yes. 402, 403, 404 and 405? Yes. And utilizing those documents, did you construct a



timeline showing phone conferences between Mr. Voorhis and certain individuals involved in this case? A. Yes. MR. ANDERSON: 403, 404 and 405. THE COURT: evidence. MR. ANDERSON: Are they stipulated in? Mr. Anderson, they are already in Move for introduction first of 402,



DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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THE COURT:



Yes, they are. Let me turn your attention now to Do you have 401 in



(By MR. ANDERSON)



401, if I may.



I have a big 401 here.



your -- in the Government exhibits? A. Q. Got it.



Do you got it?



If we can bring up 401, which I believe has been And you also -- is the document



stipulated into evidence.



I am holding in my hand simply a blow up of that particular document? A. That is correct. MR. ANDERSON: document. THE COURT: Yes, you may. Thank you, Judge. This document really -- this Permission to publish the larger



MR. ANDERSON: (By MR. ANDERSON)



doesn't reflect all of the phone calls M. Voorhis had between late August and mid-October of 2006; does did? A. Q. Right, it doesn't. What did we want to concentrate on in this particular



exhibit? A. We were trying to focus on the calls between John



Marshall, who was the campaign manager for the Beauprez Campaign -- Committee for Beauprez. And then we also had



calls from Catherine Holtgrewe, who was the assistant campaign manager for the Beauprez Campaign.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



And then we



903



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also had a call from Bill Winkler, who was a researcher for the Trailhead. Q. And also did you find some land line numbers from the Did you find cell phone numbers for



Beauprez Campaign?



Holtgrewe and Marshall, then some land lines? A. Q. Then some land lines for the Beauprez Campaign. And for those of us that don't work with phone



records and so on every day, what do we mean by land line? A. home. Q. And does this -- does this record that we brought up Hard line. The one you have on top of your desk or



reflect the phone calls that were being made between Mr. Voorhis and individuals connected with the campaign during this time frame? A. Q. Yes. Let's turn, if we can, to the 27th of September. Thank you very much. Does this reflect the



Blow that up.



activity that you saw on the 27th of September, 2006? A. Q. Yes. And if the jurors are interested, will they find the



actual times that those calls were placed, if they reference Government Exhibit No. 402. A. Q. A. 402, correct. What is Government Exhibit 402? That is Sprint/Nextel information.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q. A.



What does that information reflect? It is going to have telephone tolls, which are



basically calls that are being made by Voorhis or received by Voorhis. Q. So if we're interested in finding records of



Mr. Voorhis' cell phone use, 402 is the place to go? A. Q. Yes. And that will have times, duration, everything; is



that correct? A. Q. That is correct. But certainly we know on the 27th, we have at least



four calls; is that correct? A. Q. That is correct. What about on the 28th? Would you bring up the 28th



real quick. correct? A. Q.



Once again, we have four calls; is that



That's correct. And we retrieved -- or I should say the person doing



all of the hard work, which would be you, retrieved all of that information from Government Exhibit 402? A. Q. That is correct. Very good. Thank you.



Now, in regards to -- are you aware that around October 16th of 2006, there was a conversation between Mr. Voorhis and Special Agent in Charge Jeff Copp?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



905



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A. Q. A. Q. A. Q.



On the 1 6th of September? No, October. Oh, yes, October. And that conversation took place at the ICE offices? That is correct. Have you reviewed reports concerning that particular



conversation? A. Q. Yes, I did. And have you sat in on interviews with Special Agent



in Charge Copp relating to that conversation? A. Q. Yes, I have. And are you aware that Mr. Voorhis, during that



conversation, claimed that he had gotten information from an anonymous source? A. Q. That is correct. If an ICE agent in the Denver office received some



type of anonymous information from a source, is there some way that that would be documented or that it would be preserved? A. Q. Yes. Could you tell the members of the jury, please, how



it would be that documentation of an anonymous source and the information provided by the anonymous source would be logged or tracked by that office? A. If the individual or the agent is a duty agent and he

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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receives a call, an anonymous call, it would be logged in the duty log. And then, also, that information would be



documented in a report of investigation. Q. Once you receive the information that Mr. Voorhis had



claimed that -- he had gotten information from an anonymous source, did you do anything to confirm or deny that information? A. Q. A. Yes, I did. What did you do, please? At the time, not knowing whether he was the duty



agent or not, I retrieved the duty log to review the activity during that time frame. Q. Could you turn to Government Exhibit 307. It should



be in front of you. binder.



If you can remove that from the And just examine that.



Thank you very much.



What is Government Exhibit 307? A. Q. A. Q. A. Q. It is the duty agent logbook. From where? This came from the ICE office. Did you examine that book? Yes, I did. Is that the book you referenced earlier that would be



the book used to record information from an anonymous source? A. That is correct.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



907



1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q.



MR. ANDERSON: Exhibit 307. MS. VOORHEES:



Move for introduction of Government



We would object on relevance grounds



and hearsay grounds, Your Honor. THE COURT: Overruled. It's admitted.



(Exhibit No. 307 is admitted.) (By MR. ANDERSON) Does Government Exhibit No. 307



reflect that Mr. Voorhis received any information from an anonymous source anytime during the month of August of 2006? A. Q. No. There is nothing.



Does the logbook reflect that Mr. Voorhis received



any information from an anonymous source any time during the month of September 2006? A. Q. There was no entries. And, finally, referring your attention to October of



2006, does the logbook reflect that Mr. Voorhis received any information from any anonymous source in October of 2006? A. Q. There are no entries. In regards to interaction with members of Congress,



were you asked to retrieve any policies or any sort of documentation relating to how an inquiry or how agents and management should be interacting with members of Congress, either the United States Senators and/or United States

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Representatives? A. Q. A. Yes, I did. What did you do, sir? I retrieved a memorandum that was dated, I believe,



August 2004, that was signed by then Michael Garcia, who was Assistant Secretary at the time, and it made reference to communications with the U.S. Congress. Q. Let me ask you if you could turn to our Government Are you there?



Exhibit 304, please. A. Q. Yes.



You said that you retrieved a document; is that



correct? A. Q. A. Q. That is correct. Is that the document? That is the document. And that document speaks to ICE policy relating to



interactions with United States -- or members of the United States and Legislature, either the Senate or the House of Representatives? A. That is correct. MR. ANDERSON: Exhibit 304. MS. VOORHEES: dire on this? THE COURT: Yes, you may.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



More introduction of Government



Your Honor, may I conduct brief voir



909



1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. VOORHEES: Q.



VOIR DIRE EXAMINATION



Good afternoon, Agent Olmos.



Exhibit 204 -- 304,



which you have in front of you, who is that memorandum for or to? A. Q. 2004? A. Q. No. And was Mr. Voorhis executive staff in September or That is addressed to the executive staff. And was Mr. Voorhis executive staff in August of



October of 2006? A. No. MS. VOORHEES: Thank you. Your Honor, we would



object on relevance grounds. THE COURT: Overruled. The exhibit is admitted.



(Exhibit No. 304 is admitted.) MR. ANDERSON: Thank, you, Judge.



DIRECT EXAMINATION (Continued) BY MR. ANDERSON: Q. In regards to Mr. Voorhis' activity of September and



October -- let me take that back, August, September and October of 2006, did you find any written memoranda within the documents seized from Mr. Voorhis' desk, detailing any meetings that he had had in August or September of 2006 with a sitting member of Congress?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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A. Q.



No. Did you see any report from Mr. Voorhis reporting to



his superiors that he had had contact with a sitting member of Congress during that time frame? A. Q. No, I did not. Government Exhibit No. 304 essentially directs ICE



personnel to do what when interacting with members of Congress? A. That is to be referred to the director or to the



congressional affairs office at headquarters. Q. In fact, is there not -- in fact, is there an office



at Washington, D.C. where your headquarters are, whose job it is to conduct relations with sitting members of Congress? A. Q. A. Q. A. Q. Yes. And that's the liaison office that you spoke of? Yes. Was that done in this particular case, at all? No. Do you know of any contact -- Mr. Voorhis ever had



any contact with that office? A. Q. A. Q. That, I don't know. Did you find any evidence of it? I didn't find any evidence. You didn't?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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A. Q.



No. Are you aware that Mr. Voorhis gave John Marshall



information, including an FBI number and criminal history information, sometime shortly after September 27, 2006? A. Yes. MS. VOORHEES: THE COURT: Q. Objection, leading.



It is, sustained. Do you know what type of



(By MR. ANDERSON)



information Mr. Voorhis gave John Marshall sometime shortly after September 27, 2006? A. Ramo. He gave three aliases for Roberto -- I mean, Walter And he also gave the FBI number. He also provided I



the alien number, date of birth, and that was it. believe that was it. Q.



Was there any way to link up the information that



Mr. Voorhis gave to Mr. Marshall but through NCIC? A. That was the only way was through NCIC. MR. ANDERSON: Honor? THE COURT: Q. Yes. In regards to the computer that May I have a moment, please, Your



(By MR. ANDERSON)



was used to conduct this, what type of computer was that, sir? A. Q. It was a Del Latitude laptop. And who was that issued by?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



912



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A. Q. A. Q.



ICE. And it belonged to ICE? It belonged to ICE; U.S. Government. Is it proper to release CIS information to a



political campaign or to a private citizen absent some type of Freedom of Information Act request, to the best of your knowledge? A. To the best of my knowledge it is sensitive It is not to be released. Thank you, sir.



information.



MR. ANDERSON:



Pass the witness, Your Honor. THE COURT: All right. CROSS-EXAMINATION BY MS. VOORHEES: Q. A. Q. Hello again, Agent Olmos. Hello. On direct examination you were explaining some of the



steps that you would go through during an INS investigation. Can I just ask you, did you ever conduct



investigations as an INS agent? A. Q. No. And that is because you worked for Customs; is that



correct? A. Q. That is correct. If you were going to take steps to investigate a

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



913



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potential criminal alien, can you tell me what you would do to determine their alienage, their criminal history, and whether or not they were removable? A. I would -- first of all, let me say, my knowledge in My -- and



regards to immigration matters is very limited. I'm relying a lot on my investigative abilities.



So what I would do is I would request the A file. Once I am able to get a good identification on the person, pull the criminal history of the individual, and then from there review the information that we have, probably have to pull certified documents from the -- wherever the records may exist at county courthouses for the state. Q. A. How would you determine that a person had an A file? Well, like I said, to the extent possible, I would



use whatever databases are available, first one being the CIS. I would consider TECS. I would consider maybe



running -- depending on the information I had, and just review the information I have and see if I could eventually -- that would lead me possibly to a record or, ultimately, if I have the person in front of me, through interviewing and everything, make a determination. Q. So it is fair to say that you would use a variety of



databases to try to piece everything together so you could get the files you need to figure out what to do with the person?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



914



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A. Q.



That is correct. Okay. Now, if you were going to open an



administrative alien case on a potential criminal alien to remove them, it would be through Enforce database, not TECS? A. That is correct. And if I may, I'm not sure if And I am not for So I



Enforce is one database that is used.



certain because I've never done an administrative.



am not for certain if also TECS would be created -- a record would be created in TECS, a case file. Q. So you have never done one of these administrative



alien cases? A. Q. Not administrative, no. So if this is the sort of case that Agent Voorhis was



running on September 27th, you may not have recognized what steps he was taking, because you are not familiar with that type of investigation? A. In the general sense of investigations, I would -- I Obviously, not But from



think I would have had a handle on that.



to the extent of working a specific immigration.



a sense of investigations in general, I think that I would have had a pretty good handle as to what might have taken place. Q. So you certainly have knowledge about investigations



in general?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



915



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A. Q.



Yes. But not necessarily about criminal alien



investigations or administrative immigration investigations? A. Q. Right. It is very limited.



Did you work with the Enforce database at all in



connection with this case? A. Q. Very little. Now, you wouldn't actually open an Enforce case until



the person that you were investigating was actually in custody; is that correct? A. Q. That is correct. And what is the policy at ICE regarding disposal of



database printouts or runs when it is determined that no case needs to be opened? A. That kind of information will either -- should be



shredded or disposed of. Q. So you dispose of it once you decide you don't need



it for investigative purpose any more? A. Q. Right. Now, I believe that you've asserted that one reason



Agent Voorhis querying the CCIC/NCIC system was improper is because he didn't have an open case file for the foreign nationals he queried on September 27, 2006; is that correct?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



916



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A.



It wouldn't necessarily be a criteria that you have



to have a case file open to run a criminal history. Q. Okay. Because isn't it true that ICE agents will



routinely follow tips or investigate individuals prior to having a case number assigned? A. Q. That's -- that does happen. Because there is no need to open a case number on an



individual if there is no need for enforcement action; is that right? A. Q. That is correct. So it would be logical to check to see if ICE even



needs to take enforcement action on a person prior to opening a case file and going through the bureaucratic steps you were describing with Mr. Anderson? A. Q. That is correct. There are a lot of different ways that ICE agents



receive information regarding people who may be violating the United States immigration laws; is that true? A. Q. That is true. Sometimes a supervisor will assign an agent to follow



a lead? A. Q. Yes. Other times a lead may come from an agent watching



the local news and hearing about somebody or reading the newspaper?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



917



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A. Q.



That is possible. And some leads can come from concerned members of the



public? A. Q. Absolutely. Some leads may come from the agent's own observations



in the field? A. Q. Yes. Some leads come from sources that routinely contact



the agent; you develop your own sources of information, et cetera? A. Q. Yes. And leads from any of these sources might be



important, as far as enforcement of the U.S. immigration laws; correct? A. Q. That is correct. And a responsible ICE agent will check out leads from



any of these sources to determine if ICE needs to take enforcement action? A. Q. Yes. As you were describing earlier, it would be



reasonable to use Government databases and systems to follow these leads? A. Q. Yes. To the extent possible, yes.



You explained some of the computer training that Do you remember that



Mr. Voorhis was involved in in 2006.



DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



918



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testimony? A. Q. Yes. And I would like to just have you take a look at And, Agent Olmos, can you hear



Government's Exhibit 301. me? A. Q. Yes, I can.



This is the Computer Security Awareness Training that



you were explaining Mr. Voorhis would have received. A. Q. That is a variation of one, right. Okay. So this is not necessarily the training that



Agent Voorhis received? A. got. Q. Okay. And you can tell that because the date here is Not the training, but the questions that he actually



October 31st of 2007, a year after the events we are concerned about; correct? A. Q. That is correct. If you flip to the third page of this exhibit, and "An unauthorized



just take a look at that first question.



user is able to obtain someone's else user name and password to access the system and change the information in that system. This unauthorized change of information



is known as a breach in --" and it would be -"integrity"? A. Integrity.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



919



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Q.



Is this document full of questions like this sort of



basic security question? A. Yes. It also speaks to, I believe, there is a



question in this particular set in regards to sensitive information. Q. A. Q. Can you find that question for me, please? Sure, I will. We'll see if we are talking about the same one. Are



you on page 4, lesson 2, question 3. are talking about? A. Q. Yes. Lesson 2, question 3.



Is that the one you



That explains that if you have had a busy day and you



don't have time to dispose of sensitive documents, and basically the answer is that it is important to the Department of Homeland Security and ICE for you to protect sensitive information, perhaps by looking it up? A. Q. That's correct. That would be in line with what we were actually



discussing about the computer runs; that the proper policy -A. Q. A. Q. That is correct. -- is to destroy those after you are done with them? Sure. Thank you. Right at the end of your direct testimony Do you



you were talking about the Central Index System.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



920



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have much experience with the Central Index System? A. Q. Very limited. That is because that was a system used by INS;



correct? A. Q. A. Q. Correct. Sort of the counterpart to TECS? Comparable, yes. Comparable. I understand they do very different



things, but at Customs you would have used TECS, at INS they would have used CIS? A. Q. That's correct. And everyone now has access to both systems, but



Customs people continue to use TECS, and INS people more often continue to use CIS? A. Q. That's correct. And that would make sense in line with their job



duties, as well; correct? A. Q. Sure. Now, you stated at the end of your direct testimony



that you do not believe you can hand out information from CIS; is that correct? A. Q. A. That is correct. And what policy is that in? I recently was -- I went into the handbook from CIS,



and there was a section -- I am trying to remember,

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



921



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because I actually cut off the section of it when I sent it to print. But it pretty much stated the CIS



information is sensitive data and is not for public dissemination. Q. A. Q. A. Q. And what handbook was this? It was the CIS handbook. How recently were you reviewing this? I looked at this fairly earlier this week. Do you know what version of the handbook you were



looking at? A. Q. A. Q. No. Okay. No. Do you know if we've seen that? By "we," I mean the Do you have that with you today?



defense has seen that in this case? A. Q. No, I don't think so. Is it your understanding that people who are in this



country illegally, illegal immigrants, have no privacy rights under the Privacy Act? A. I have heard and read that, but I'm not too well



versed on the Privacy Act. Q. A. Q. Not entirely sure what the rules are on that? Right. That is correct.



And within the Office of Professional Responsibility,



would you be charged with training people on the Privacy

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



922



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Act? A. Q. You know, I don't know. Is it fair to say that the names of aliens are



routinely released to the public by ICE, to clarify? A. Q. A. You know, I am not sure about that. Have you ever visited the ICE website? No. I don't think -- well, maybe once, and it has



been awhile. Q. A. Q. A. Ever looked at their "Most Wanted" posters? No. I usually go through a different system.



What system do you go through? Well, depending on what I'm looking for -- and I



spend more time where we have policies, directives and manuals and forms and stuff. It is called the Visual



Investigative Intelligence System, which is what they call an office of investigation proprietary website. Q. are? A. Q. list? A. Q. Oh, yes, yes. And would you agree that the names of those persons No. Do you know that ICE has a "Most Wanted" persons' And will that tell you who ICE's most wanted persons



are released? A. Right. They are posted.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



923



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Q. A. Q. A. Q. A. Q. A. Q.



Including their aliases? Right. Their immigration status? You know, I am not sure. What about their country of origin? I would say yes. Any conviction information? I'm not sure on that, either. What about what they're wanted for, what they are



accused of? A. Q. Yes. Absolutely.



You spent quite a bit of time with Mr. Anderson



discussing the TECS system and explaining that Mr. Voorhis did not conduct any searches through the TECS system on the individuals at issue in this case; is that correct? A. Q. That's correct. And when did you run those queries on the TECS system



to determine that? A. That was done, I believe it was pretty early on,



right about the time also -- no, I take that back because I am getting it confused with the case file review. I



would say a few months after I had gotten the records from Cory's cubicle. Q. A. Okay. A few months into it?



I don't recall the exact date.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



924



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Q.



You've written numerous reports in connection with



this investigation; correct? A. Q. Yes. And several of those reports actually state that



Agent Voorhis improperly accessed the TECS database on September 27th; correct? A. Q. Well, let me explain that. Can you just answer the question first? Do they



state that? A. I can't answer that as a yes or no. I need to tell



you why it is the way it is. Q. A. Okay. Go ahead, tell me why it is the way it is.



Because that is the way the information was reported So we



initially, that it was through the TECS system. continued to maintain that until later. clarification how it all came about. Q. Okay.



There was a



But is it fair to say that for a good part of



this investigation, the understanding was that Mr. Voorhis had improperly accessed the TECS system? A. Q. That is correct. But, in fact, Mr. Voorhis never accessed the TECS



system? A. Q. That is correct. You explained that along with checking the TECS



system and running some queries through CIS, you also

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



925



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reviewed the CCIC/NCIC queries that Mr. Voorhis conducted on the individuals at issue in this case; is that correct? A. Q. That is correct. And those are the reports identified as Government's



Exhibit 103? A. Right. 103 through -- there were several. Through



G, I think it was. Q. When you were reviewing those, and in the course of



this investigation in general, what action did you take to determine whether ICE needed to take enforcement action against the individuals that were run in CCIC/NCIC? A. Q. I am sorry, what action what -- who would take? What action did you, or what steps did you take to



determine whether ICE needed to take enforcement action against the individuals in those runs? A. I only reviewed the information. I didn't take an



enforcement posture on that. Q. So you didn't attempt to determine whether ICE needed



to do anything about those individuals? A. Q. No, I did not do that. And you previously testified that you didn't see any



signs that Mr. Voorhis took those steps, either; is that correct? A. Based on the documents that I reviewed and



everything.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



926



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Q.



Can I direct you to the Government's Exhibit 204, Do you have that



which is that list you were looking at. in front of you? A. Q. Uh-huh.



I am trying to get it in front of me, now.



Did you



see this document in connection with your investigation of Mr. Voorhis? A. Q. Yes. And I am hoping we will be able to see this, but the



names that Mr. Voorhis ran through CCIC/NCIC are highlighted on this list; correct? A. I'm not sure about the highlighting as to who did



what on the highlighting. Q. it. Right. I am not talking about who necessarily did



I am saying factually, the names on this list,



highlighted, are the -- are the same names Mr. Voorhis ran through CCIC/NCIC, at least some of them? A. Right. There may be one or two more in there that



are not highlighted. Q. Right. Can we take a look -- let's start with If you take a look at the notations, under



Ms. Deorosco.



her name, and if you look here at the bottom, "Mexico. Amnesty. A. LPR 1987" what does that mean?



That means through amnesty this person became a legal



permanent resident, I suspect it is 1987.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



927



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Q.



Under what circumstances can you take enforcement



action, and I mean remove a person from the United States, once they have obtained lawful permanent resident status? A. Again, it would be if they committed an aggravated



offense, a felony offense, they could take action based on that. There may be -- and I am not for certain on this,



because my knowledge of immigration is very limited, you have crimes of -- involving moral turpitude, as well. That would be something to consider, as well. Q. Absent that, is it fair to say that ICE could not



remove this person from the United States? A. Q. That would be correct. If you could take a look at Mr. Gamboa-Torres, the Do you see -- can you see on your screen



next highlight.



the notations I am pointing to? A. Q. Yes. Can you tell me or explain to the jury what those



notations mean? A. That's the excludable deportable, I believe is what



those stand for. Q. A. Q. A. Q. Or excluded/deported? Yes. Then it gives dates? It gives dates, correct. Dates on when she was excluded or deported?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



928



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A. Q. A. Q. A. Q.



I believe that is what they are. If you go down to Mr. Miranda. Yes. If you look at Ms. Nunez, an "LPR". That is correct. Again, no option of enforcement action as far as Correct? Same notation?



removing them unless they have committed a certain level offense; is that your understanding? A. Q. A. Q. A. That is my understanding. What about Mr. Reyes -- sorry, Mr. Noel Ramo? He shows the same, excluded and deported. Mr. Reyes? That one, he had had very little information. Just



"LPR", legal permanent resident. Q. Does that happen sometimes through the databases, you



just can't figure out much about a person? A. Q. Yes. So in connection with your investigation you reviewed



this list? A. Q. A. Q. Yes, I did. And you reviewed the NCIC runs that Mr. Voorhis ran? That is correct. And those runs constitute the criminal histories of



these individuals; correct? A. That is correct.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q.



Did you look at the criminal histories of these



people and determine that enforcement action needed to be taken? A. I know for sure I looked at Walter Ramo, and that was



my first question that came to me when he showed up that I was considering what actions Cory took to find out, you know, about trying to either locate this individual or whatever, since he was wanted. Q. Okay. And what action did you find by reviewing his



criminal history, as far as what enforcement action needed to be taken? A. Well, based on the records that I reviewed and some



of the statements that were made, I didn't see anything that would suggest to me that he took any kind of enforcement action. Q. Well, what told you that enforcement action needed to



be taken? A. Well, at the very least, at least to try to find out I



if, in fact, this individual was out of the country. think we could start there to confirm to see if this person is definitely out of the country. And I would



probably go to the last state in this case as is related to Walter Ramo, which was Georgia. might have already been deported. Q. But you don't know?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



It is very possible he



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A. Q. V. A. Q. A. Q. A.



Right. Okay. Could you take a look at Defendant's Exhibit



What is this document, Agent Olmos? I want to make sure. You said B?



I am sorry, V, as in Voorhis. Oh, V. Okay. Okay. And can you just explain what this is?



This is a computer printout of a central indexing



report as it relates to Carlos Estrada Medina. Q. And if you look at the date up at the very top



right-hand corner of the document -A. Q. A. Q. A. Q. Right. Can you read that date? It's 12/20/07. Did you obtain this document on that date? Yes. And you did so at the request of the defense in this



case; correct? A. No, because I know I had queried this individual way I had just done another run, is what happened.



back then.



I don't know if it was at the request of you all or I had done another run, but I know I had run this individual way before. Q. A. So you ran it way before December 7, 2007? Yes.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q.



If you take a look at the second page of this



exhibit. A. Q. A. Yes. What does that information tell you? Again, I have to say my knowledge of immigration is This system, as far as I'm concerned, is



very limited.



not user friendly, so a lot of these codes I am not familiar with. Q. Okay. If you just take a look at the very last line



in that first section under "Action"? A. Q. down. A. Q. A. Q. Yes. Do you see where I am? What does that say? We are talking about the date? Right. 1/15/2004. Am I looking at the right one? Take a look at the fourth one



I think we are on the same page 1/14/2004 -Is that the date excluded? Is that what it



1/15/2004. states? A. Q.



I interpret that to suggest that, yes. And as a senior special agent with Immigration and



Customs Enforcement, what does that tell you? A. Q. A. That the person is not in the country. As of that date? As of that date.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q.



So given the information in the criminal histories



which you reviewed, and given the information on Exhibit 204, which you reviewed, and given the information in CIS, which you pulled and reviewed, what action did Mr. Voorhis fail to take in terms of enforcement? A. In this case, because of the criminal histories that



were returned from the various states, particularly Georgia, I think if contact or some sort of communication with that entity, which I believe was in 2006, I think would be a step to consider. Q. A. A step to consider? Or absolutely call and find out if, in fact --



because they definitely had him, because they had requested documentation. So he was in the country. And



they were -- from what I understand -- he was going to be deported at that point. Q. A. Q. A. Q. A. Q. He was going to be deported from Georgia? That is correct. Okay. Did Mr. Voorhis contact Georgia?



To my knowledge, I don't know if he did or didn't. You don't know either way? I don't know either way. Let's talk about the warrant that you were discussing On the CCIC/NCIC run, there came up a



with Mr. Anderson.



message to check warrants -DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



933



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A. Q. A. Q.



Yes. -- is that correct? Yes, from Oregon. And I believe it was on Government's Exhibit 103G, if But my question Do you remember that?



you want to try to take a look at that. is actually a simple one. testimony.



I just want to clarify your



I believe that what you were explaining was if



you have the person, the individual in custody, then you need to check the warrants? A. Q. A. Q. A. That is correct. Did Mr. Voorhis ever have Mr. Ramo in custody? Not to my knowledge. To your knowledge he was in custody in Georgia? Back at the date, I can't remember. 2006, I don't



know if it was in August. date. Q. A. Q.



I can't remember the exact



But he was not in Mr. Voorhis' custody? No. So there would have been no reason for Mr. Voorhis to



check his warrants? A. Q. Right. Do you know if Mr. Noel Ramo -- do you know whose



custody he is in in Georgia? A. From what I recall seeing, I believe he was turned



over to the detention and removal section, I believe.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q. A. Q. A. Q.



Right. Right.



So he is in the custody of ICE?



So ICE already knows where he is? Yes. So since he is in ICE's custody, there is nothing



more for Mr. Voorhis to do with him? A. Q. That is correct. Now, several of the investigative reports that you



wrote regarding this investigation related to interviews conducted by CBI or the FBI; is that correct? A. Q. That is correct. And even though these other agencies that you were



working with conducted the interviews, you would often do a short report attaching their interview report to the investigative file? A. Q. That is correct. And is that just to make sure that your investigative



file contains all of the relevant case information? A. Q. As complete as it can be, yes. As complete as it can be. And as an investigator, it



is your practice to write these types of reports after interviews? A. Q. Yes. In the course of your investigation of Agent Voorhis,



did you speak to a man in Harris County, Texas, named

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



935



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Kenny Rodgers? MR. ANDERSON: the scope. Objection, relevancy. Also beyond



If we are going to go beyond the scope, which



we previously have been pretty easy about, I think probably we ought to handle it like a direct. make sense, Judge? THE COURT: Yes, it does. If you do go into this Does that



area you may not lead. MS. VOORHEES: Q. A. Q. A. (By MS. VOORHEES) Thank you, Your Honor. Agent Olmos, who is Kenny Rodgers?



Kenny Rodgers is a private investigator in Houston. And why did you contact Mr. Rodgers? Kenny Rodgers surfaced in the investigation after Through



having reviewed some NCIC query records.



interviews, reports of interviews, we determined that people had contacted him. And he also had a business by



the name of -- I believe it was Gulf Coast AccuSearch. Q. You explained he came up a couple of different ways,



but one of them was through NCIC records? A. Q. A. Q. No, not NCIC records. NCIC report? I am getting him confused with somebody else. Was Mr. Rodgers connected to NCIC? No.



I guess that is



my question. A. Based on the records I saw, I would say indirectly.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q. A.



And explain that to the jury, please. Well, when I contacted Mr. Rodgers, I was trying to



set up an interview to travel to Houston to interview him. I did one, and I had to postpone. And then I -- then



re-contacted him to re-coordinate a possible meeting again. And it was during that time that I learned, or he advised me -- not so much that I was asking, he was just telling me -- that he had had a friend by the name of Bill Bryan who was with the Harris County DA's Office in Houston, who did him a favor. Q. A. Q. A. He did him a favor? Yes. And what did you take that to mean? Well, after having viewed the NCIC records, the query



histories and stuff, when he made that comment, I knew, or at least I strongly believed, that he was referring to that Bill Bryan had conducted a search in the NCIC. Q. A. And who did he conduct an NCIC search on? He actually -- I am trying to remember. I think he



did it -- well, he ran -- I believe it was the FBI number that pertained to Walter Ramo. Q. And so you spoke to Mr. Rodgers on more than one



occasion; is that what you are saying? A. I think two was the max that I talked to him.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q.



It was about these runs that had been done on



Mr. Ramo? A. Well, I kept it very general. I didn't specifically



say that, you know, it was regarding -- to a specific run. I just told him I wanted to speak to him in regard to the gubernatorial race, and that his name had been mentioned, and he was doing some PI work, something along those lines. Q. And then he provided you with Mr. Bryan's name, is



that what you were explaining? A. Q. A. Q. A. Q. A. He gave me Bryan's name, yes. And did you speak with Mr. Bryan? I am sorry? Did you speak with Mr. Bryan? No, I did not. And why not? I never -- actually, when I first spoke with -- I



believe it was the first time I spoke with Kenny Rodgers, at the same time, I believe I asked him if he knew Bill Bryan. And I don't know if I asked him or he told me.



And at that point I asked him if he had contact numbers for him. And he did provide me telephone numbers. But he



also advised me that I probably wouldn't reach him because he was out on -- I believe he was on a fishing trip or camping trip; some trip, some kind of trip.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



He was on the



938



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road. Q. And when was this that you were having this



conversation with Mr. Rodgers? A. '07. that. Q. And Mr. Bryan was unavailable around that time Well, I know for sure I spoke to Rodgers in March of And I know I had a conversation with him prior to



period? A. Q. A. Right around that time frame, yes. Did you contact him after that time frame? No, I didn't. What I did do is I placed a call to I asked for him. And I And



the DA's Office in Houston.



believe that was in March, the earlier part of March. I was informed that he had retired. Q. that? A. Q. No. I never contacted him. And did you -- were you able to contact him after



Did you draft an investigative report reflecting



either of your conversations with Mr. Rodgers? A. Q. A. No. Why not? Because they were not official interviews, per se.



So I made notes, and more so on the second conversation, because the first conversation was very -- there wasn't a whole lot of information exchanged. And the second one



DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



939



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did; he really offered up a lot of information. Q. time? A. Q. A. Q. That is why I made notes. You didn't put that into an investigative report? No. What date did Mr. Bryan conduct the search of Walter So he gave you quite a bit of information the second



Noel Ramo on? A. Q. A. Q. It was on October the 4th of 2006. October 4, 2006? That is correct. So certainly within the time frame relevant to your



investigation? A. Q. A. Q. A. Q. A. Yes. Did you obtain any documents from Mr. Rodgers? None. Did he have any for you? Yes. What did he tell you about the documents? We didn't -- I didn't get into the details of the I know -- as a matter of fact, I know I am the



documents.



one that asked him about documents, and if he could put them together and hold onto them, and we'd meet up at that point, I would make copies. of what he had.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



But I didn't get into details



940



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Q.



Would you take a look at Defendant's Exhibit E, If you could just take a quick look through What are those documents?



please. those. A.



These are -- this -- these are records that are



maintained with the California Superior Court, and they are documents related to the charges that Walter -- I take that back -- on Pina Estrada, the records that were filed on him. MS. VOORHEES: Defendant's Exhibit E. MR. ANDERSON: There is a lot more than just some Your Honor, we move to admit



records from California contained within E. Maybe we can reach a stipulation on it. THE COURT: Let's take a brief recess. It is a



very voluminous document. doing with it.



Go over it, see what you are



About 5 minutes. Thank you, Your Honor.



MS. VOORHEES:



(A break is taken from 2:36 p.m. until 2:45 p.m.) (The following is had in open court, outside the hearing and presence of the jury.) MR. ANDERSON: Judge, we looked it over, we have no



objection to the first 10 pages of the exhibit as tendered by the defense. However, then it contains approximately



31 pages that we don't believe anyone in the courtroom can lay a foundation for. We're going to object on that -- on



DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



941



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the basis of foundation, specifically. MS. VOORHEES: Your Honor, I would appreciate a



little more time to try to lay some foundation with this witness. THE COURT: All right. We will withhold ruling on



the exhibit to lay foundation. Bring in the jury. MR. ANDERSON: If I can actually voir dire at this



point, I think I can even go a little quicker. THE COURT: you can do that. (The following is had in open court, in the hearing and presence of the jury.) THE COURT: Thank you very much. Be seated. All right. Let's bring the jury in,



Mr. Anderson, go ahead and voir dire the exhibit. MR. ANDERSON: Thank you, Judge.



VOIR DIRE EXAMINATION BY MR. ANDERSON: Q. Agent Olmos, if you can turn to this particular As you can see,



exhibit, and specifically go to page 87. down on the right-hand corner -A. Q. Yes.



Just briefly scan through, from 87 to the end of the Of the documents that you've come



exhibit, which is 118.



by so far, did you create any of these documents?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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A. Q. A. Q.



No, I did not. Are any of these documents ICE documents? No, they're not. Are any of these documents that would need to be kept



in the normal and ordinary course of ICE? A. Q. A. Q. that? A. Q. A. Q. Yes. Do you know whose handwriting that is? No. The next page, there is handwriting on page 117. Do No. In regards to -- let me turn to page 116. Yes. There is handwriting on that document. Do you see



you know whose handwriting that is? A. Q. Huh-uh. No, sir.



In regards to these documents, you don't know -- you



can't attest to the accuracy of any of the information in these documents, can you? A. Q. A. Q. No. You don't know if they are right or wrong? That is correct. Fair to say you don't really know a lot about these



documents, whatsoever? A. No.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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MR. ANDERSON: Judge, we object.



Thank you very much.



On that basis,



We have no objection -- there is a



public document that was at the beginning of the exhibit, and so we have no objection to the exhibit from pages 76 through 86, that is a public document in the court file. But after that, we object on the basis of foundation. THE COURT: Pages -- did you say 77 to 86? 76 to 86. I would



MR. ANDERSON: THE COURT:



76 to 86 are admitted.



withhold ruling on the remainder of the exhibit to see if you can do something with it. this point. (Exhibit No. E - pages 77-86 are admitted.) CROSS-EXAMINATION (Continued) BY MS. VOORHEES: Q. know? A. Q. A. Q. That is Kenny Rodgers. That is Kenny Rodgers? That is correct. And was Gulf Coast AccuSearch -- did that name come Agent Olmos, who is Gulf Cost AccuSearch, if you But it is not admitted at



up in your investigation of Agent Voorhis? A. Q. A. Yes. Can you explain how? I believe there was a query history, I believe is

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



944



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what it was, and that is where it showed up, AccuSearch -Gulf Coast AccuSearch. Q. Okay. So there was actually a query history by Gulf



Coast AccuSearch? A. Q. A. Q. A. Q. Yes. Do you know when that query was? No, I don't. And was that for Mr. Ramo, as well? That was in connection with Ramo, yes. When was the last time that you spoke with



Mr. Rodgers? A. Q. you? A. Q. Yes. But you never obtained those documents from Last time I spoke to him was in March of '07. Is that when he told you he had some documents for



Mr. Rodgers? A. Q. No, I did not. Agent Olmos, I would like to talk about the duty log



that you were discussing with Mr. Anderson. A. Q. Yes. Is it correct that the duty log is the book that the



duty officer will recall phone conversations that they have? A. The duty book, as I understand it -- it's to record

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



945



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all the transactions that the duty agent encounters during his duty period. Q. Okay. And the duty agent is a specifically assigned



agent; is that correct? A. Q. That is correct. And do you know how they're assigned in the Denver By that I mean, by whom and for what time



ICE office? period? A. Q. A. Q. A. Q. A. Q.



No, I don't. Are you ever the duty officer? Yes, I am. And how long do you have to be at that desk? We get the duty for a week. A week? Uh-huh. Is there a special phone line that you are



responsible for answering at that time? A. Well, we have the general number. But that would



incorporate any -- like I said earlier, any kind of information that may come in, whether it be through the telephone or somebody that walks in or, you know, we received an e-mail or something of that sort. part of the log-in process. Q. Okay. And the duty agent is responsible for logging It is all



all of those contacts that they have?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



946



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A. Q.



That is correct. And does the Denver ICE office assign one duty



officer per week; is that correct? A. I am trying to remember now how they -- I can't I am pretty sure it



remember if it is per week or by day. is by week. Q. Okay.



Agent Voorhis was not assigned as the duty



officer during the week of September 27, 2006, was he? A. Q. No, he was not the designated -In fact, he wasn't the duty officer at all in August



or September of 2006; was he? A. Q. A. Q. I am sorry what date? In August or September of 2006? No. So during those time periods, Agent Voorhis would not



have been the duty agent logging things in the duty log? A. Q. That would be correct. I think that you've explained previously that Kathy



Edgell was one of Cory Voorhis' supervisors in the fall of 2006? A. Q. The fall of 2006, Kathy Edgell was the supervisor. And what group was it that you stated you believed



Mr. Voorhis was in? A. I believed it was money laundering, and I think it's



like a general investigations or something like that, I

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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believe it was. Q.



I'm not for certain.



So you are not sure if he was in that money



laundering group or in the gangs and criminal investigations group? A. That doesn't ring a bell with me, the criminal



investigation sort of gang. Q. Was Kathy Edgell out of the office a great deal of



time in September of 2006? A. Q. I don't know. If Ms. Edgell was out of the office during that time,



would it have been likely that Agent Voorhis would have been the acting supervisor in her absence? A. Q. It could be. But I don't know for sure if he was.



Did you ask anybody about that in the course of your



investigation? A. Q. No, I did not. You are aware that during the relevant time period in



September, October, August of 2006, Cory Voorhis was working on a number of cases with group supervisor Tony Rouco? A. Q. That, I didn't know. Did Agent Edgell or Agent Rouco ever approach you,



either of them, to explain that they believed that Cory Voorhis had engaged in any improper conduct during that time period?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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A.



Neither one approached me. MS. VOORHEES: Your Honor, may I have just a



second, please? THE COURT: Q. Yes. Agent Olmos, just a follow-up to Were you aware during the



(By MS. VOORHEES)



the question I just asked you.



course of your investigation, as the representative for ICE, of Kathy Edgell or Tony Rouco notifying anybody that they believed that Mr. Voorhis had engaged in any improper conduct? A. I don't recall receiving any kind of notification



from either one. Q. Or from anybody about either one telling them that



there was improper conduct? A. The only notification that I actually received other



than Copp and Maldonado, I received a memorandum from Judy Jorden. Q. A. Q. And that was it? And that was it. Agent Olmos, I would like you to take a quick look at



the phone log summary that I believe you explained that you put together. I believe it is Exhibit -- is it 401,



for the Government? A. Q. You are talking about the flow chart? Yes, correct. You put this together through an

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



949



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analysis of various phone records; is that correct? A. Q. That is correct. Whose phone records did you review in connection with



this case? A. The numbers that I reviewed here were Cory's cell And then I also took And then



phone, which is the (303) 472-2049.



his desktop number, which is (303) 721-3117.



from there I also looked at John Marshall's cell phone calls. from. Q. So that is what you looked at to put that chart And that was pretty much where the tolls came



together? A. Q. That is correct. What other phone records did you obtain in the course



of your investigation? A. Q. A. You mean from other persons? Correct. I did request -- I did request tolls, for instance,



for the -- Cory's land line, the 3117, but there was no records or no record with Qwest. Q. A. I also --



Did you learn -- go ahead, sorry. I also requested tolls from other ICE agents. And I



requested the information from Excel for the Beauprez for Governor Committee, all of the tolls on that. did receive them. But I never



I am pretty sure I requested them, but

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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I never got them. Q. A. What other ICE agents did you review records for? I pulled records for Mike Riebau. I pulled records



for Santos Valenzuela, Judith Jorden, Jeff Lembke. Q. A. Q. A. Q. A. Q. A. ones. Q. A. Q. What about Tony Rouco? Tony Rouco, Paul Maldonado. Paul Maldonado? And I don't think I pulled Kathy Edgell. You don't think you pulled Kathy Edgell? I don't think so. Did you review Tony Rouco's phone log? No. I didn't do a complete review on these other



I did not do a complete review. That would include Mr. Maldonado's phone records? Right. Would it be fair to say that for the dates listed on



your summary chart -A. Q. Right. -- you are not sure if Cory Voorhis also had



conversations with Kathy Edgell, Tony Rouco or Paul Maldonado? A. This chart here focused strictly on the allegation



when the activity took place and with the parties that were of interest. Q. Correct. That's what this chart is. You did not,



But just answer my question.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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in putting that chart together, review the records for Tony Rouco, Kathy Edgell and Paul Maldonado to see if Mr. Voorhis was having conversation with them on those days? A. Q. No, I did not. Did you check to see how long the phone calls were on For example, can you tell me how long the



your summary?



two calls listed on August 23, 2006, how long did those last? A. I would have to refer back to the original document



to find out the duration. Q. Do you have those original documents still in front



of you? A. Q. A. They should be here. Would you take a quick look just at that one. I am referring back to the Verizon records, which are



the records for John Marshall's cellular phone. Q. A. Okay. This is the call that went to the office number, That was a one-minute duration. Okay. So did you just list every



721-3117. Q.



A one-minute call.



time the number came up in the phone logs? A. Q. not?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



That is correct. No differences as to how long the call was or was



952



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A. Q.



No.



Just the contact.



Now, on direct examination you were explaining --



and, in particular, with regard to one individual, who Mr. Voorhis queried their CCIC/NCIC information, all of the steps that you went through regarding trying to connect that individual to one of Mr. Voorhis' open cases; correct? Do you remember that line of testimony? You



were explaining that you looked for an A file; that you pulled the individual's A file? A. Q. I'm not sure. Okay. Take a look at Exhibit 103A, please. Do you



have that in front of you? A. Q. A. Q. Yes. Which individual does that relate to? The 103A is for David Miranda. You remember explaining that you pulled Mr. Miranda's



alien file; is that correct? A. Q. A. Yes, I did. And you read through that file? I scanned the file. I didn't actually read every



page on that A file. Q. A. Q. A. So you scanned the file? Right. What were you scanning the file for? I just glanced through it. I wasn't looking for



DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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anything in particular, really. Q. A. Q. Okay. It was requested by the defense; right?



That is correct. So you decided to take a quick look before you turned You were explaining that you went through these



it over.



steps for all of the people that you were investigating in connection with Mr. Voorhis; is that correct? A. Q. Yes. I would like you to take a look at Government's



Exhibit 103I. That is a computer run for a man named Omar Nunez; is that correct? A. I don't see a name on here. I just show the FBI



number. Q.



I am trying to see if I can locate the name. There is a



It may help if you turn to the next page.



whole list of names. A. Q. down? A. Q. That's correct. You previously asserted that Mr. Nunez was an alias Yes. One of those names is Omar Nunez, the second name



for an individual on Mr. Marshall's list, Government Exhibit 204; is that correct? A. This particular query was based on the information We are talking two different individuals



that I reviewed. here.



DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q. A.



Explain that to me. The -- this individual that shows up in this report, The other



I'm not sure where this information came from.



name that appeared on the list or that was on the list of -- I believe it was 152 names, that name, after I did further research, came to another individual. And I was a



little bit concerned because I wasn't sure how the -- how this came about, if there was other information. didn't know. Q. I just want to make sure I am clear on a couple of First of all, you said, I am not sure where this 103I, you would agree, is an NCIC I just



things.



information came from.



run, run by Cory Voorhis; is that correct? A. Q. That is correct. Okay. So there is no question where that information



came from? A. Q. 103I? A. Q. That is correct. So I think what -- and tell me if I am wrong, but Right. Okay. And it is a Government exhibit in this case,



what you are saying is at one point, yes, you didn't believe this person was connected to this case against Mr. Voorhis? A. Well, it looked that way. In reviewing the



DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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information, I just felt that there was -- we were looking at two different individuals here. Q. Let's go through some of the information. You



explained earlier, in connection with this investigation, you seized Mr. Voorhis' computer? A. Q. A. Q. A. Q. That is correct. And you inventoried his case files? That is correct. And you seized his rolodex? That is correct. You didn't just seize all of those materials, you



actually examined what you seized; correct? A. Q. Yeah. I reviewed them.



So his computer, you explained, was examined by an



FBI lab? A. Q. A. Q. That is correct. And you looked at his case list? I did look at his case list. And you were looking to determine whether Agent



Voorhis had open cases on any of the people whose rap sheets he ran through NCIC? A. Q. A. Q. To make -- sure. And you checked them in TECS, you explained? Yes, I did. And I think we already established you did not check

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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them in Enforce? A. No. I didn't get into Enforce. I think the only one



I tried to check was Walter Ramo. Q. A. Q. A. Q. A. Q. Do you remember how that came back? It had several aliases -- or records, I should say. Several records? Uh-huh. You actually looked at his rolodex? Yes. And you actually had to copy all of the cards in his



rolodex; correct? A. Q. I did. And under the letter N, there was a rolodex card for



a man name Omar Nunez? A. Q. I wouldn't know off the top of my head. Would it help if you could take a look at that? MS. VOORHEES: THE COURT: Q. Your Honor, may I approach?



Yes. Do you see Mr. Nunez' name on



(By MS. VOORHEES)



there? A. Q. Yes, I do. And there is some numbers written on the upper



right-hand corner of that card; is that correct? A. Q. Yes. And those numbers mean something to you as a criminal

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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agent; correct -- sorry, as a criminal investigator? A. Q. A. Yes. What do those numbers mean? I'm not sure that I can answer that because this is



actually sensitive information. Q. That's sensitive information. Okay. You pulled Omar



Nunez' alien file; correct? A. Q. I did. And that was part of -- in connection with the



defense's request for all of the A files? A. Q. That is correct. And you noticed in the alien file that there is



paperwork that clearly indicates that Omar Nunez was working with ICE? A. Again, I didn't go through each single page. I just



pretty much made copies of the files. Q. file? A. I don't know because I didn't go through each page. MS. VOORHEES: THE COURT: Your Honor, may I approach, again? Did you see Mr. Voorhis' name in Omar Nunez' alien



Yes. Maybe this is a good time for a



MR. ANDERSON:



break, but before we break, can we approach, Judge? THE COURT: Sure.



(A bench conference is had, and the following is

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had outside the hearing of the jury.) MR. ANDERSON: Mr. Olmos tells me he cannot answer



any questions regarding Mr. Nunez' work for ICE; that is sensitive information, and that it is improper for him to divulge that information. MS. VOORHEES: Your Honor, another agent has



testified that Mr. Nunez was a confidential informant for ICE. That has been stated in open court. And Mr. Taylor



is informing me that Mr. Nunez has already testified in a case where his identity was known. THE COURT: Well, I'm not bound by that. If it's



classified information, I would be, but I'm ordering him to answer the questions. MR. ANDERSON: He will have to do that, Judge.



(The following is had in open court, in the hearing and presence of the jury.) THE COURT: All right. We'll declare -- ladies and And I've got a



gentlemen, we'll take a 15-minute break.



little bit to do in here, so get out of here. (The following is had in open court, outside the hearing and presence of the jury.) THE COURT: Mr. Olmos, you've been asked, and they



are about to ask you questions about Mr. Nunez working as a confidential informant for ICE, and that you have been directed or advised not to testify about this because it's

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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sensitive information.



It is also represented to me that



Mr. Nunez has already testified about this in public. And, secondly, I have to tell you that while the Court is bound by classified information as an official under the Official Government's Secrets Act and other legislation, sensitive information is not protected by that. I respect the fact that you have been directed to



do this, but I am going to order you to answer the questions. And that will suffice for any complaints that You tell them to call me. Okay.



may be made against you. THE WITNESS: THE COURT:



Thank you. We will be in recess for 15 minutes.



(A break is taken from 3:18 p.m. until 3:36 p.m.) THE COURT: You can bring the jury in.



(The following is had in open court, in the hearing and presence of the jury.) THE COURT: Q. Fire away. Agent Olmos, to help both of us



(By MS. VOORHEES)



out, the Court has clarified a couple things during the break. Because of that, I would appreciate if you would



take another look at that rolodex card I showed you before the break. A. Q. Do you have that in front of you?



Yes, I do. That is, to remind everybody, a card for Omar Nunez;



correct?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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A. Q. A. Q. A. Q.



That's correct. Which you copied from Mr. Voorhis' cubicle? Yes. In connection with this investigation; correct? That's correct. And you would have been doing this copying after you



had received the information about the names that you were investigating in connection with the NCIC runs? A. It is possible. I am not for sure on the dates



there. Q. Okay. If you take a look in the upper right-hand



corner, you previously explained that those numbers do mean something to you. A. Q. mean? A. Q. Which one specifically are you -I am looking at the -- tell me what either of them Yes. And can you please tell the jury what those numbers



mean, actually. MS. VOORHEES: what I am looking at? THE COURT: Q. You certainly may. You have explained to me the top Your Honor, may I approach to show



(By MS. VOORHEES)



number that starts with an X, you are not sure what that is. But the second number, what is that?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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A. Q.



That is what we call a confidential source number. Okay. And would that mean that the person listed on



this card is a confidential source for ICE? A. Q. Yes. Okay. Now, also right before the break I had handed



you a page out of Mr. Nunez' alien file; correct? A. Q. Yes. And do you recognize that page as coming out of that If you take a look at the bottom stamp, do



alien file?



you recognize that stamp? A. Q. A. Q. Yes. And what does that stamp say? It says, "Omar Nunez". Did you put that stamp on the document, or is that in



all of the alien files? A. Q. A. Q. No, I put that stamp. Did you apply that stamp -Yes. -- in connection with the disclosure of the alien



files in this case? A. Q. Yes. And that page specifically states that Mr. Nunez was



a confidential informant and also a material witness for ICE; is that correct? A. It doesn't say -- I don't see where it says

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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"confidential source," it just says "provides reliable information." So at this point I don't know if this is a



confidential source or not. Q. A. Q. A. Q. A. Q. A. Q. A. Q. Does it say he is a "material witness"? Yes. I am sorry.



Is Mr. Voorhis' name on that piece of paper? Yes. Where is it? It is in the "From" section. So that is a memorandum from Cory Voorhis? Yes. In connection with Omar Nunez? Yes. Now, that is just one page out of Mr. Nunez's alien



file; correct? A. Q. That is correct. Do you know if there are other pages in Mr. Nunez'



alien file related -- involving Mr. Voorhis? A. Q. I don't know. I don't know.



Do you remember seeing Mr. Voorhis' name in his alien



file when you reviewed it? A. No. Again, like I said, the review -- I didn't do an I pretty much just copied the document or



actual review. the file.



MS. VOORHEES:



Your Honor, may I approach one more



DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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time? THE COURT: Q. Yes. I am going to hand you one more Do you recognize



(By MS. VOORHEES)



binder, which is exactly what you need. that document? A. Q. That was the cover of the A file. Okay. MS. VOORHEES:



Your Honor, may I stand here for a



moment to go through this? THE COURT: Q. Yes. You recognize that as the cover of



(By MS. VOORHEES)



Omar Nunez' A file; is that correct? A. Q. A. Q. That is what I recognize it as. This is the file you produced in this case? Right. I am just going to flip to a couple of things. Do



you see Agent Voorhis' name on that memorandum? A. Q. A. Q. A. Q. A. Q. Yes, I do. Where is that? That is on the front, also. Okay. Right. Also in Mr. Nunez' A file? Yes. For the record, I will just explain, this is Page No.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



"From Cory Voorhis"?



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506151. name? A. Q.



What about that page -- do you see Mr. Voorhis'



Yes, at the very bottom. Okay. And that is page No. 506157. What about that



page, do you see Mr. Voorhis' name? A. Q. A. Q. A. Yes, I do. What is the subject? Request for Employment Authorization. What is he requesting? He is requesting the employment authorization card Waiver of Fee.



for Omar Nunez Huerta. Q. A. So ICE can employ Omar Nunez? No, I don't think it is to employ him, but so he can



get employment. Q. And that is Bates No. 506158, also out of Mr. Nunez's



alien file? A. Q. Correct. Thank you. Agent Olmos can you explain what a



material witness is? A. A material witness is a person that is -- the



Government is holding onto, if you will, for testimony purposes for a court -- court proceeding. Q. So somebody who has a connection with the Government,



with ICE in a litigation; is that correct? A. That would be right.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q.



So ICE investigators have to keep their relationships



with material witnesses; correct? A. Q. A. Q. Yes. They keep track of them? Right. In your investigation of Cory Voorhis, did you check



with Sue Seber (phonetic), your confidential informant coordinator? A. Q. No, I did not. You didn't check to see who Agent Voorhis'



confidential informants were? A. Q. No. Now, you had explained earlier that at some point you



realized that Omar Nunez was not somebody else that you thought he might be in connection with this case; is that correct? A. Q. A. Q. A. Q. A. Q. Correct. When did that happen? I would say approximately two, three weeks ago. And when did you start investigating Agent Voorhis? That was in October of 2006. So about a year and a half later? Yes. When did you learn that Omar Nunez was a confidential



informant of Cory Voorhis?

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A. Q. A.



Yesterday. How did you learn that? When Jan Simkins came to me and asked me if I knew



that this individual was a confidential source, and I told her I didn't know. Q. So prior to that time you had no idea that Omar Nunez



had been Cory's confidential informant? A. Q. None whatsoever. And because you did not know that, you never



investigated whether he accessed Mr. Nunez's NCIC records on September 28th for purposes that had nothing to do with Congressman Beauprez? A. Q. That's correct. When Agent Simkins asked you if you knew Omar Nunez



was a confidential informant, what did you do? MR. ANDERSON: that is, Judge. THE COURT: Q. Sustained. Have you reviewed any documents I don't know what the relevance of



(By MS. VOORHEES)



related to Omar Nunez since yesterday? A. Q. No. Did you ever ask Judy Jorden if Omar Nunez was



working with Cory on anything? MR. ANDERSON: THE COURT: Objection, relevancy, hearsay.



Sustained.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q.



(By MS. VOORHEES)



During your investigation, did you



talk to other ICE agents about the cases that Cory Voorhis was working on? A. Q. No. You now know that Omar Nunez is a material witness



and a confidential informant; correct? A. Q. A. Q. Yes. And he is a material witness in the Castorena case? Yes. And despite that, Mr. Nunez' name was not on any open



case in Mr. Voorhis' office; is that correct? A. Q. A. Q. That is correct. Or in TECS? Or in TECS, that is correct. But there was a lot of information about Omar Nunez'



connection to a case that Mr. Voorhis was working on in the Denver ICE office; correct? A. Q. I am sorry, you lost me there. Sure. I will try to ask it another way. Let's go at



it this way.



This rolodex card, that was in Agent



Voorhis's office? A. Q. A. Q. Correct. And you copied that? Yes. And you saw that?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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A. Q.



Yes. And that indicates that Omar Nunez is connected to a



case that Cory Voorhis is working on? A. The card, itself -- the call card doesn't, but based



on the letter. Q. A. Q. it? A. Q. A. Q. I don't know what you mean by that. It involves extradition of a crime boss from Mexico? Oh, yes. It is one of the biggest, if not the biggest case in Okay. Right. The Castorena case is a rather unusual case, isn't So the alien file indicates that?



your office; is that correct? A. Q. Yes. From what I understand, yes.



But despite that, you were unable to connect



Mr. Nunez to Agent Voorhis outside of the NCIC runs until yesterday? A. Q. Until yesterday. Even though Omar Nunez is related to the biggest case



in the ICE office? A. That is correct. MS. VOORHEES: THE COURT: No further questions, Your Honor.



Thank you. REDIRECT EXAMINATION

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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BY MR. ANDERSON: Q. Mr. Olmos, are you familiar with the ICE policy



regarding confidential informants? A. Q. A. Yes. What is that policy? Information regarding confidential sources cannot be



disclosed. Q. A. Q. In any way, shape or form? Pretty much. In regards to this individual, Omar Nunez, also known



as Omar Perez -A. Q. Yes. That name Omar Perez was on a list of 152 names that



were provided to the Beauprez Campaign by researcher; is that correct? MS. VOORHEES: THE COURT: Q. Objection, leading.



It is, sustained. Do you know if the name Omar Perez



(By MR. ANDERSON)



came up in the case of this investigation? A. Q. A. Q. A. Yes. How? It was in the list of 152 names. 152 names of what? They were the list of case numbers and names



regarding the individuals that received trespassing -DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q.



In regards to this investigation, sir, we heard a lot



about this Nunez alien file; is that correct? A. Q. Yes. Was the Nunez alien file on defendant's desk at the



time you performed your search? A. Q. No. Was it in Colorado at the time you performed your



search? A. Q. A. I don't know that. Where did you obtain it from? I had to make a special request to headquarters to



have them pull the files for me. Q. A. Q. A. sure. Q. And where did they get the files? They came from various locations. When did you receive that file? I believe it was in -- I can't pinpoint it. I can't pinpoint it. Can you give us within the last 5 months, last 6 I am not



months? A. Q. A. Q. Yeah. Within the last 3 months.



In regards to this duty log that you spoke of -Yes. -- if an individual develops an anonymous source --



an ICE agent develops an anonymous source or anonymous information, what is he supposed to do with that?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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A.



Well, he'll take that information, and at the very



least, he would document it, whether memo or even notes in and of itself. Q. In regard to the duty log, what type of information



related to anonymous sources is supposed to be logged into that document? A. No. They wouldn't necessarily be logged in unless



the duty agent receives an anonymous call, then he would log it in. Q. Okay. In regards to the -- in regard to the other



names run on the 27th of September, were any of those people, particularly Harold Ramo (sic), was that an individual that was working with Mr. Voorhis in September of 2006? A. Q. Not to my knowledge, no. Was he an individual that was working with



Mr. Voorhis in August of 2006? A. Q. A. Q. A. Q. No. Walter Ramo. Correct. Walter Noel Ramo? Uh-huh. He wasn't working with Mr. Voorhis neither of those Did I misspeak? Walter Ramo.



two months? A. No.

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Q. A. Q.



Did his name appear in that rolodex? No. I don't recall seeing that.



Is that a name that you were specifically looking for



in that rolodex? A. Q. A. Q. It would have come to my attention immediately. It wasn't there, was it? No. In regards to the information relating to



Mr. Rodgers -A. Q. Yes. Could you just describe for us, please, how it is



that Mr. Rodgers fits into this situation? A. Mr. Rodgers is a private investigator who was



contacted by Bill Winkler, who was a research -- a contract research person for the Trailhead -- for the Trailhead Group. Q. And we know that he contacted -- Mr. Winkler



contacted Rodgers as a result of an e-mail that has previously been introduced into evidence. familiar with Government Exhibit 206? A. Q. Yes. If you could go to Bates No. 488, please. Do you Are you



have Bates No. 488? A. Q. Yes. What is the date of that e-mail?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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A. Q.



October 2, 2006. The date that the e-mail was sent, please? I am



looking at Bates No. 488? A. Q. A. Q. Yes. That is what I am looking at.



What is the date? It is October the 2nd, 2006. 2nd. I am sorry. I misheard you. I apologize.



What did you -- what was requested then? A. They were seeking out Bill -- I mean Rodgers to help



out Bill Winkler in trying to confirm or conduct a check on Carlos Estrada Medina in California. Q. Right. And let's talk a little bit again, just so



I'm clear, Carlos Estrada Medina, in what way is he connected with Harold -- excuse me, Walter Ramo? A. Q. That is an alias that is used for Walter Ramo. And can you find when you queried Mr. Ramo's name in



NCIC, does it come up? A. Q. A. Q. Yes, with a listed date of birth. Does it come up when you query CIS? No, it does not. Is there any way to connect these individuals without



going to NCIC? A. Q. That is the only way. Does ICE -- is part of its function to serve as a



clearinghouse of information for political campaigns?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



974



1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Honor? Q.



MS. VOORHEES: THE COURT:



Objection, argumentative. Sustained.



Yes, it is.



(By MR. ANDERSON)



In regards to source names,



confidential sources, going back to that particular topic for just a moment, do you put names of sources in your case files? A. Q. A. Q. A. No. Just use numbers? Numbers. Why is that? For -- well, to maintain the confidentiality of the



source. MR. ANDERSON: May I have a moment, please, Your



THE COURT:



Yes. No further questions, Your Honor. Thank you.



MR. ANDERSON: THE COURT: THE WITNESS: THE COURT:



You may stand down, sir. Thank you. Next witness, please.



MR. ANDERSON:



We will call John Elvig to the



stand, and ask Agent Olmos be excused from his subpoena. THE COURT: Any objection? Fine, Your Honor. No objection.



MS. VOORHEES: THE COURT:



You are excused.



Thank you.



MR. ANDERSON:



Sir, state your name for the record.



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COURTROOM DEPUTY: MR. ANDERSON:



I need to swear the witness.



I am so sorry.



SPECIAL AGENT JOHN ELVIG having been first duly sworn, testified as follows: COURTROOM DEPUTY: Please be seated.



State your full name, and spell your last name for the record. THE WITNESS: My name is John Elvig, E-L-V-I-G. DIRECT EXAMINATION BY MR. ANDERSON: Q. A. Now, can I ask you what you do for a living? Special Agent for the FBI, Federal Bureau of



Investigation. Q. A. Q. How long have you been so employed? Over 21 years. Can you tell these folks on the jury what your



educational background is. A. I have a Bachelor's Degree from -- and I say this



very nicely, Judge, the University of Nebraska, and in business, and an emphasis in accounting. Q. After having attended the University of Nebraska and



gotten your Bachelor's Degree, what did you do then, sir? A. Q. A. I worked for a small accounting firm. For how long? Approximately a year.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q.



After having tried out the accounting field, what did



you do then? A. Q. A. Q. A. I joined the FBI. And have you been with the FBI since that time? Yes. What type of cases do you typically work on? I am currently assigned to the white collar public We work, beside public corruption, we And we also do



corruption squad.



have bankruptcy fraud, money laundering. health care fraud in the squad. Q. A. How many people are on your squad? It varies.



I think right now we have approximately



eight agents.



I think there is some flux of agents



getting transferred in and out. Q. Are you generally familiar with the matter pending



before the Court; that is U.S. v. Cory Voorhis? A. Q. Yes. Have you been here in the courtroom for nearly all of



the presentation of this trial? A. All but about an hour and a half of some testimony on



Tuesday when I was copying the box of records that Mr. Marshall brought. Q. Let's talk about -- as long as you bring it up, let's



talk about that box of information that Mr. Marshall brought up. Have you reviewed all of the documents in

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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that particular file? A. Q. A. Q. Yes, I have. Gone through the files? Yes. In that regard, did you hear testimony during the



course of the trial that FBI numbers were contained in some of those files? A. Q. A. Yes. How many files did you find FBI numbers? I saw it only in those that were mentioned during the



examination of one of the witnesses, which would be two times it was found. Q. In regards to the Denver public court system, could



you tell us, please, who is responsible for prosecution of felony violations of state law here in Denver, Colorado? A. Q. That would be the Denver District Attorney's Office. Can you tell us, please, what type of case load does



the Denver County DA's Office -- what kind of cases -what kind of cases a year are referred to Denver for felony prosecution, say in the last year? A. Talking to Dick Reeve from the District Attorney's



Office -MR. RIDLEY: THE COURT: Q. Objection, hearsay. Sustained. Would you give us an overview of



(By MR. ANDERSON)



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how many cases the Denver DA's Office had referred to it last year for felony prosecution? A. Q. A. Q. A. Q. A. Q. Over 8,000. And in that regard, how many did they file? Approximately 6,000. That was in 2007? Yes. So they filed 6,000 felony cases? That's correct. Was that number fairly constant -- have you reviewed



the records for that office -A. Q. A. Q. Yes. -- over the last -- since 1999? Yes. And in that regard, does that number maintain a



fairly constant level? A. Q. Yes, it has. It has actually increased slightly.



Now, out of those felony cases, the defense -- or not The Beauprez



the defense, excuse me, I apologize.



researchers were able to find how many names of people that had been granted ag trespass plea agreements? A. I think it is 152. But looking through the file



there was one where it was a jury conviction where the person was convict of ag trespass. looked like plea agreements.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



Out of 152 cases, 151



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Q.



So we have a news flash, there is agricultural land



in Denver County, Colorado? A. Q. You'd have to ask the county assessor that. But you actually found a case within the box where



the individual was convicted of trespass or ag land? A. Q. Yes. That was one of the counts in their case.



In regards to that list of 152 names, could you



please turn your attention to the exhibit book that is in front of you, Government Exhibit 203. A. Q. Yes, sir. In regards to the exhibits that -- the number of



files that were generated in the course of the Beauprez research, does that document reflect the files that were pulled by the researchers? A. I have not gone name by name through those, but it



looks like it would. Q. And in regards to that document, was that a document



that was generated during the course of this investigation by the Clerk of the Court at the request of CBI and FBI? A. Yes. MR. ANDERSON: Move for introduction of Government



Exhibit -- I believe 203. MR. RIDLEY: If I may.



VOIR DIRE EXAMINATION BY MR. RIDLEY:

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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Q.



You indicate it looks like it is a list of the cases



found by the Beauprez Campaign; is that correct? A. Q. A. Q. That's correct. Have you done a case-by-case analysis of that? No, I have not. And you didn't do a case-by-case analysis because the



first you saw of the box was last week; right? A. Q. I believe it was Tuesday or Wednesday, yes. That is when Mr. Marshall brought the box to court



personally at the defense's request? A. That's right. MR. RIDLEY: THE COURT: MR. RIDLEY: THE COURT: If I may have a moment? Yes. No objection. It is admitted.



(Exhibit No. 203 is admitted.) DIRECT EXAMINATION (Continued) BY MR. ANDERSON: Q. In regards to your review of those 152 files, you



mentioned that there were two FBI numbers that had been revealed within those files that we have in the box? A. Q. That's correct. Could you tell or explain for the jury the



circumstances under which those two FBI numbers were revealed?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



981



1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Q.



MR. RIDLEY:



Objection, lack of foundation. Could you tell us what documents



(By MR. ANDERSON)



you saw that revealed the FBI numbers? A. I would have to look at it. One was an NCIC report



that was in one file.



The other one was a document that



went from the probation department to the Department of Homeland Security, ICE, BICE, DOR, I think it is, or DRO facility, and they responded, basically saying the person had been deported. I don't know if it was the prosecutor or clerk or whoever attached that to a dismissal of charges document. And that is how it got in that file. Q. That would not be something that would ordinarily --



you would ordinarily find in a court file; is that correct? A. That's correct. MR. RIDLEY: THE COURT: Objection, lack of foundation. Overruled. In relationship to that FBI



(By MR. ANDERSON)



number -- is an FBI number -- you are with the FBI? A. Q. A. Q. A. Correct. You know a little bit about FBI numbers, I suspect? Correct. Are FBI numbers public information? No.

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Q.



Is that information that if I were to walk up to you



and say, gee, I would like to know what the FBI number is for a certain individual, would you be at liberty to disclose that to me? A. As an Assistant United States Attorney and we were



working a case together, yes. Q. If I am a member of the public, and I am just being a



nosy busybody? A. Q. No. In regards to this particular case, did you



participate in developing for the jury's information, a timeline of the significant events that have occurred during the course of late August, September, and early October of 2006? A. Q. Yes. I'll turn your attention to this document that -MR. ANDERSON: rather large chart? THE COURT: Q. Sure. Let me ask you if you've seen this May I approach, Judge, with this



(By MR. ANDERSON)



rather large chart that we are going to refer to as Government Exhibit No. 201 for identification purposes -excuse me, 501? A. Q. Yes. And have you reviewed the entries on this particular

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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document? A. Q. Yes, I have. And in relationship to the entries on this particular



document, have you heard testimony or reviewed documents that support the entries on this particular document? A. Q. Yes, I have. And does this timeline, in effect, give the jurors an



idea of when things occurred during the course of this particular investigation or during this particular time frame surrounding the access of NCIC on September 27, 2006? A. Yes, it does. MR. ANDERSON: Move for the introduction of



Government Exhibit 501. MR. RIDLEY: If I may voir dire, Your Honor.



Mr. Anderson, if I could borrow that. VOIR DIRE EXAMINATION BY MR. RIDLEY: Q. Special Agent Elvig, you indicated that -THE COURT: Excuse me a minute, but I think you



ought to go around to the other side so the jury can see the witness while he is testifying. I think if you put it



on the other side so the jury can see him, then it is quite all right if you stay up close. MR. RIDLEY: Thank you, Your Honor.

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Q.



(By MR. RIDLEY)



You indicate this document contains



information that has either been testified to or admitted into court; is that right? A. Q. That's correct. There is an entry reference, "Date Unknown," Do you



concerning information about Catherine Holtgrewe. see that? A. Q. Yes.



We don't recall any testimony about that point.



Do



you remember her testifying as to that issue, without stating what the issue is in front of the Court? A. sure. I would have to review her transcript to know for I thought she did say there was a conversation that But, again, maybe it is hard to distinguish



occurred.



between what was in a 302 report and what was in testimony here. Q. You can't say, as we sit here, if she testified about



something that might have been in your report that never made it onto the witness stand? A. Q. That's correct. Then there is a reference to a 9 News article down on



the bottom, and you were here when the Judge indicated that the witness could testify as to a portion of that, but otherwise excluded that exhibit as hearsay; is that correct?

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A.



I don't remember the Judge's exact ruling on that if



that was during Mr. Marshall's testimony. Q. Okay. MR. RIDLEY: That is all I have. Thank you.



Your Honor, I am going to return to the podium, then I will make my objection. I think there are three



things that are problematic with Government Exhibit 501. The first one is that there is a photo of Cory Voorhis on it that hasn't been admitted, but since it is such a handsome likeness of him, we are not going to make a big deal out of that. There is also a reference to testimony from Catherine Holtgrewe, which did not come into testimony in the Court. Finally, there is an exhibit referenced that



does have some highlighted information that the Court permitted to be testified to, but otherwise that exhibit was not admitted into evidence. object. MR. ANDERSON: MR. RIDLEY: I am a little unclear. I am sorry. And for those reasons, we



Do you want me to restate? Just regarding Holtgrewe.



MR. ANDERSON: MR. RIDLEY:



My objection is she did not testify to



that data point that I pointed out, and that is the third "date unknown" entry on the middle line. you.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



Let me just show



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MR. ANDERSON:



I understand.



We would -- what I



would suggest, Judge, is that we will redact the offending portions of the Holtgrewe -- reference to Holtgrewe. In



regards to Mr. Marshall, we highlighted the testimony or the statement of Mr. Marshall which he adopted during the course of the trial. And I think if that's -- with the



redaction of the Holtgrewe information, we are probably good. MR. RIDLEY: I am not clear on that. Are you



suggesting on the News 9 deal we keep in the highlighted portion and excise the rest of it? MR. ANDERSON: MR. RIDLEY: circumstances. THE COURT: Okay. That's fine. You can redact it He did adopt that statement.



No objection under those



and then it will go with the jury. MR. ANDERSON: Thank you very much, Judge.



(Exhibit No. 501 is admitted.) DIRECT EXAMINATION (Continued) BY MR. ANDERSON: Q. (By MR. ANDERSON) In regards to NCIC generally, your



office here in Denver is headquarters for what states? A. Q. A. We cover Colorado and Wyoming. How many FBI agents cover those two states? Approximately 152 agents.

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Q.



Out of those 152 agents, how many FBI agents have



NCIC access? A. I think it is no more than five, and certainly less



than 10. Q. A. Why? The FBI views NCIC as a very restricted database.



And as such, they have -- the 21 years I have been with the FBI, really tried to hold back from agents having direct access. request made. be run. If we are in our vehicles, we can call in on the radio and ask somebody to run a wanted or criminal history or something for officer safety. But the FBI has We go through somebody else to have that We actually fill out a form requesting NCIC



typically been very sensitive about that information. Q. that. In regards to this investigation, would it be fair to say that it was a constant effort by the agents involved? A. Q. Yes. Were there times when you or one of the other agents In regards to the -- were you here when -- strike



were called away for a period of time? A. Q. Yes, there was. Could you give us examples, please.

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MR. RIDLEY: THE COURT: THE WITNESS:



Objection, relevance. Overruled. In February of 2007, the month of



February and March, I was tasked to assist on the Joe Nacchio trial preparation. with them. So I spent 60 days working



Last summer -- in the summer of 2007, I spent



30 days in Washington, D.C. on a special project there. Q. (By MR. ANDERSON) In regards to the other agents, do



they also -- is this the only case they were carrying? A. Q. A. Q. No. All are carrying multiple cases? Yes. It is now 18 months after the access of September 27,



2006, approximately 18 months elapsed? A. Q. That's correct. On your cases, is it unusual for a period of time of



18 months to elapse before you get a case to trial like this? A. Absolutely not. In fact, it is quite often 18



months, 2 or 3 years before we get a case indicted or charged. Q. Why is it when you are working with cases such as



this, that there is that type of time lapse? A. Well, in white collar cases, for example, we may get



an allegation of something happening, let's say it is a

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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bank fraud, somebody defrauded a bank of a million dollars, it may take the bank 6 to 8 months to figure out that they were defrauded, made collection attempts, and then they find out the person provided false statements. So we get the case 6 to 8 months later. start doing our investigation. who leads us to another. Then we



We may talk to one person,



There may be multiple subjects,



and one subject wants to come in and talk to us and provide us some information about somebody else. have to set up meetings with that person and the prosecutor and defense attorneys, and unfortunately time just starts chopping away. Q. On this particular case, we had access of NCIC, and Then we



fairly early on, the core -- would it be fair to say you knew what you were looking at? A. Q. That's correct. Were there those stops and starts based upon



discussions and conversations and interaction with the defense? MR. RIDLEY: THE COURT: THE WITNESS: Q. Objection, 410. Overruled. Yes, there was. Thank you. May I have a moment, Your Honor?



(By MR. ANDERSON) MR. ANDERSON: THE COURT:



Yes.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



990



1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q.



MR. ANDERSON:



Pass the witness, Your Honor.



CROSS-EXAMINATION BY MR. RIDLEY: Q. A. Good afternoon, Special Agent Elvig. Good afternoon. MR. RIDLEY: exhibit? THE COURT: Surely. This is going to be admitted after Your Honor, may I approach the



(By MR. RIDLEY)



a couple of corrections, but there is reference to the 8/23/2006 article in the Rocky Mountain News concerning -well, it is titled Ritter Defends Illegal Immigration Record; is that correct? A. Q. A. Q. That's correct. You know that article well? I haven't read it in awhile, but I have read it. You understand that that is an article that initiated



Cory Voorhis to have a reaction and do a couple of things that has caused us all to gather here today? A. Q. That's correct. And is it fair to say that Mr. Marshall -- John



Marshall is referenced in the article as a spokesman for Bob Beauprez? A. Q. If I could look at that again. You can. Let me show you. If I could get cozy up



DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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here to point him to that spot. A. It says, "A spokesman for Beauprez charged that



Ritter routinely offered illegal plea bargains." Q. And then later on -- it is actually the next



paragraph that references John Marshall? A. Q. John Marshall is referenced in the next paragraph. And it doesn't -- well, that is enough on that. And you've heard testimony in this case -- well, the essential allegations are -- relate to September 27, 2006? A. Q. That's correct. Those are the dates when Mr. Voorhis allegedly



accessed the databases in question? A. Q. That's correct. And there is also information -- well, I guess there



is some information that was removed, but you've heard testimony about a meeting with John Marshall that took place over at the campaign offices; correct? A. Q. That's correct. And that meeting at the Beauprez Campaign office took



place on September 29, 2006, didn't it? A. I don't remember the exact date. I'm not sure if I



heard that testimony right from Mr. Marshall and Ms. Holtgrewe, if they knew the exact date. around that time period.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



But it was



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Q.



Okay.



But it was certainly after the databases were



allegedly accessed by Cory Voorhis; is that correct? A. Q. That's correct. And there is a reference here about the meeting at When I say "here," we are looking at You were here for plenty of testimony



the coffee shop. August 24, 2006.



about that meeting; correct? A. Q. That's correct. And certainly you visited the particular coffee shop



at issue? A. Q. I have not. Okay. And -- but you were here for testimony where a



couple of witnesses indicated that Mr. Voorhis told Mr. Marshall, "Don't believe me, go look for yourself"? A. Q. here. That's correct. There is a variety of telephone calls referenced For example, there is just -- randomly, I am It is from Voorhis' cell phone You have no idea as you sit here



picking September 8, 2006. to Bill Winkler's phone.



how long those telephone conversations lasted? A. No. That says it was an in-bound call from



Mr. Winkler. Q. A. Q. Okay. You don't know how long the call lasted?



No, I don't. And in some cases, some of these calls -- I was going

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to say some of them are just a few seconds, but a call, for example, on 9/15/2006 from Cory's cell phone to the Beauprez for Governor Committee, you wouldn't dispute if that particular call was, for example, say 45 seconds? A. Not without -- I would have to look at the exhibit to



know for sure. Q. I will take that down so the Judge can see. You testified about Exhibit 203, a Government's Exhibit, which is a list of 155; is that correct? A. Q. A. Q. 155 names? 155? That was your number. I am looking at Exhibit 203. I thought that was the



last of 155? A. Q. A. Q. 152? 152 files. I think that was the number. You were here for various testimony during the last 6



days of court where people said that the trespass on ag property was but one plea bargain that was given to criminal aliens in order to permit them to avoid deportation; correct? A. Reviewing the box, it is not just illegal aliens that There are people that appear to I think your



were given those pleas.



be U.S. citizens given that same plea.

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question was there was some other drug that they would plead to a minor possession, I think it was. Q. But you understand -- and going back to my



question -- that there are other plea agreements that permitted criminal aliens to avoid being deported other than trespass on ag property? A. Q. A. Q. From what I have heard in court, yes. That includes misdemeanor pleas? You know, I am not an immigration expert. I am just talking about the testimony that you heard



in court. A. Q. A. Q. That certain misdemeanors. And also possession of burglary tools? I don't recall that specific testimony. Okay. And you mentioned possession of particular



drugs. A. Q.



And would possession of diazepam be one of those?



That's correct. And that's a plea bargain that permitted the



avoidance of deportation for defendants who are also criminal aliens; is that correct? A. Q. That is what the testimony was. And do you know whether the documents that are listed



in Exhibit 203 is an exhaustive list of every trespass on agricultural property that has gone through the Denver -well, let me start over again.

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Do you know if those cases include every plea bargain to a trespass on ag property case during Bill Ritter's tenure as District Attorney in Denver? A. I believe he was District Attorney prior to 1999. I



think this list was only from 1999 to 2004. Q. Okay. And so it sounds like you don't know whether



it includes all of the cases or not? A. Q. No, I do not. And there was some testimony about a plea of Omar If you take a



Nunez Huerta to trespass on ag property.



moment to see if that particular case is listed on this list of 152 cases that were found by the Beauprez Campaign's researchers. A. Q. Omar Nunez is not listed here. And you have no idea how many other cases that



resulted in plea bargains to trespass on ag property are not listed there? A. Q. No, I don't. Certainly, you don't dispute whatever the number of



these kinds of cases that resulted in plea bargains that prevented criminal aliens from being deported, it was a significant issue for the ICE office here in Denver? A. Q. Yes. Sounds like it was.



And everyone -- a number a different agents and



employees of ICE have testified that it impeded their

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ability to enforce ICE's policies; correct? A. Q. That's correct. You talked a little bit about the fact that there is



only five people from the FBI office here in Denver, Colorado, who have NCIC access; is that correct? A. Q. That have direct terminal access, yes. Do you have any idea how many ICE agents have direct



terminal access? A. Q. No, I don't. Is it fair to say the FBI is a very different agency



than ICE? A. I have certainly learned that in the testimony over



the last six days. Q. And one of the distinguishing characteristics is that



FBI is a much more formalistic type of agency? A. Q. A. Q. Yes. Many more rules and regulations? Certainly. A greater limitation on what you can do and what you



can't do? A. I think we have learned our lessons over the years,



and because of that, we have a lot of restrictions. Q. Perhaps you would agree with me that the FBI runs a



tighter ship than ICE? A. Yes.

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Q.



And, for example, your job description looks very



different than Cory Voorhis' job description? A. I think a lot -- there are some very general or basic



things that are very similar, but the jurisdictions that we look into are different. But we have the same



collection and interviewing, all of those types of things are the same. Q. Okay. And you have the -- are you charged with



attempting to influence law and policy the way Mr. Voorhis is? A. Q. No. Are you charged with trying to use creative, unique



means to look into an investigation -- general cases the way Cory is charged with respect to immigration cases? A. Q. Yes. Is it fair to say that the policies that you've heard



testimony about, in terms of ICE's policies, including policies of Customs and the Immigration branches, those policies have a different look and feel than the FBI policies? A. Q. A. I would say that. And how would you describe those differences? We're very regimented. Like I mentioned, I think we And so we don't



have had our problems over the years. have those same problems.



We're very restrictive in what



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we can do.



I can't talk to a congressman without going I can't talk to the media We are



through my supervisor, my SAC. without doing similar. very formalized.



Those types of things.



That comes really down from the Attorney



General guidelines. Q. From what you now know, those same guidelines don't



seem to have made it into the mailbox over at ICE? A. Q. I don't understand why not, but apparently not. Okay. And because they haven't arrived in the ICE



mailbox, the way ICE operates is much less restrictive than the FBI? A. Q. Yes. It is fair to say that this has been a learning



process for you as you've gone along? A. Q. Certainly. And probably when you began looking at the case in



October and November of 2006, you didn't know all that you now know about ICE's policies and procedures? A. Q. No. And over the course of the last 18 months, you have



come to realize, by examining these different practices and policies, that ICE is a very different agency than the FBI is? A. Q. Yes. There had been some testimony concerning Mr. Voorhis'

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statement to Jeff Copp. A. Q. Yes.



Do you recall that testimony?



And the testimony was that Mr. Voorhis had reported



that he had received an anonymous call? A. Q. Yes. And then there was also -- you're familiar with



Defense Exhibit A, are you not, which is kind of the master summary report prepared, I think primarily by CBI Agent Simkins, but your name is also on it? A. Q. Yeah, my name appears in it. Yes.



Is that primarily your work product or Agent Simkins'



work product? A. Q. That is a CBI work product. Okay. And do you recall reference in that work



product to Voorhis reporting to Copp that a confidential informant had contacted him about the situation? MR. ANDERSON: Objection. I think that is an



improper use of the document. I think it is improper. MR. RIDLEY:



It is not his document, and



It is a horrible sequence, Your Honor. I



I am asking that question aside from the document. apologize for the bumbling order of it. THE COURT: Q. Why don't you start over. Do you recall reference in the



(By MR. RIDLEY)



Simkins' report -- we'll refer to it as Defendant's

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Exhibit A, as Voorhis reporting to Copp that he had received information from a confidential informant? A. Q. In Exhibit A? Defense Exhibit A? Do you recall



Aside from Exhibit A. I am sorry.



running across any information that not only has Agent Voorhis referred to the person as an anonymous source, but also referred to him as a confidential informant? A. I have heard testimony here that there is a question



on whether it was an anonymous source or a confidential informant. Q. Okay. And there has been different labels put to



exactly who the person was that Voorhis was referring to when he talked to Jeff Copp; correct? A. Q. That's correct. And these different terms have different meanings;



right? A. Q. A. Yes. And they are terms of art? I don't know if I would say "terms of art," but there



is a difference. Q. An anonymous source is different than a confidential



informant? A. Q. A13.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



Yes. If you could look at a copy of Defendant's Exhibit



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A. Q. A. Q. A.



What number is that? A13. Okay. Can you identify that document? It is a Judgment in a criminal case, United States



District Court, District of Arizona. Q. A. Q. A. Does it relate to Eugenio Alberto Estrada-Acosta? Yes, it does. Is that yet another alias for Walter Noel Ramo? I would have to look on the NCIC sheet, but it does



look like it is. Q. Okay. And why don't you review the other documents



that are attached to that judgment in the criminal case. A. Q. Okay. Okay. And in addition to the judgment in the



criminal case, attached to that is a Waiver of Removal Hearing; is that correct? A. Q. Yes. Then there is some plea/sentencing minutes attached.



I am looking at the next page. A. Q. A. Q. A. The sentencing minutes? Yeah. Yes. And the next page is a criminal complaint? Yes, it is.

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Q.



And then there is a statement of a factual basis is



the last page; correct? A. Q. Correct. And if you look at that -- the second to the last



page on the criminal complaint, the caption is entitled United States of America v. Eugenio Alberto Estrada-Acosta, a/k/a Carlos Estrada Medina? A. Q. That's correct. And, finally, if you look at the last page, down at



the bottom you will see that it appears to contain an original certification from the Clerk of the U.S. District Court of the District of Arizona; is that correct? A. That's correct. MR. RIDLEY: Your Honor, at this point I would move



for admission of A13. MR. ANDERSON: THE COURT: No objection.



It is admitted.



(Exhibit No. A13 is admitted.) Q. (By MR. RIDLEY) That document related to who may be



the central character in terms of criminal aliens whose information was allegedly shared. Ramo; right? A. Q. This is Walter Noel



This document relates to him, I should say.



It does have his a/k/a in the criminal complaint. Okay. And the first page of the document contains



his U.S. Marshall number?

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A. Q. A. Q.



Yes. Contains his ICE number? That's correct. If you go down to the second of the last page, as you



indicated, it has his various aliases? A. Q. A. Q. A. Q. A. Q. Which page? Second to the last page, the criminal complaint. On the criminal complaint, yes. It contains his date of birth? Yes. And his A-number? That's correct. The last page of the document seems to contain quite



a bit of criminal history; is that correct? A. Q. That's correct. If we could publish A13, particularly the last two And I want to give the jury a



pages of that document.



second to look at that, and then you could scroll down to the last page. MR. RIDLEY: again? THE COURT: Q. Yes, you may. Mr. Elvig, on -- there was testimony Your Honor, may I approach the chart



(By MR. RIDLEY)



from Manny Olmos that on October 4, 2006, Kenny -- well, Bill Bryan accessed the NCIC database.

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A. Q.



That's correct. And that's the -- he accessed the information on



Walter Noel Ramo? A. Q. Using the FBI number he accessed it, yes. And it has been testified in court that the



significance of that is that -- I think it was Mr. Winkler who indicated that he was waiting, and the campaign was waiting for information to come from California; is that correct? A. They were trying to verify through California that,



in fact, the two people were the same. Q. Okay. And what you know is that Bill Bryan accessed



the California information via the NCIC system; right? A. Q. Yes. And the information he accessed on NCIC is



information that has been used to link those two names? A. Q. That's correct. And, indeed, that information ended up being provided



to the Marshall Campaign -- I am sorry, the Beauprez Campaign? A. I don't know for a fact how it got to them, but it



was communicated to them. Q. A. Q. Okay. No. Or Bill Bryan?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



And you've never talked to Kenny Rodgers?



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A. Q.



No. Or, generally, investigated exactly what was going on



in California in connection with accessing that data concerning Walter Noel Ramo? A. Q. A. Q. Texas authorities are investigating that matter. Okay. No. Just a couple more points, Special Agent Elvig. The But you haven't done anything?



complaint in this case was lodged by Trey Rogers, wasn't it? A. Q. Yes, it was. Trey Rogers was the attorney working for the Ritter



for Governor Campaign? A. Q. That's correct. Trey Rogers sent -- I think he initially called



Ms. Simkins on October 12, 2006? A. Q. A. Q. Yes. He then wrote her a letter on October 13, 2006? Yes, on behalf of the Campaign. He then provided additional information in written



form to Jan Simkins on October 20, 2006? A. I know he provided additional information. I don't



know of the exact date. Q. And, indeed, we know that as a result of those



complaints and letter writing, the group of you, including

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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the CBI, Mr. Olmos from Office of Professional Responsibility, and yourself, initiated a criminal investigation into Cory Voorhis? A. The initial meeting was attended by representatives



from the FBI, I believe it was our Special Agent in Charge and our Assistant Special Agent in Charge, along with, I think, Manny Olmos and his supervisor, also the United States Attorney's Office here in Colorado. Q. Okay. There has been a number of different folks



involved in the investigation over the months? A. Q. That's correct. And you know that based upon the allegations, that There was



the Beauprez Campaign committed a crime.



considerable publicity about that aspect of the campaign? A. Q. Yes. And we know that now Bill Ritter is the Governor of



the State of Colorado? A. Q. That's correct. The other thing that you know as you sit here today



is that the policy, not only in the Denver District Attorney's Office, but among other front range prosecutorial offices in connection with criminal aliens, is that they no longer permit the trespass on ag property plea bargain? A. I know, talking to Mr. Morrissey, who is the current

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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District Attorney, he does not allow that plea bargain in his office. Q. I think there has been testimony in this case that



there was one case out of Alamosa that contained a trespass on ago property plea. Other than that case, are



you aware of any other similar-type plea bargains since October of 2006? A. No, I am not. MR. RIDLEY: No further questions, Your Honor. REDIRECT EXAMINATION BY MR. ANDERSON: Q. There are some ways that you and Mr. Voorhis are very



similar; is that correct? A. Q. A. Q. That's correct. Both taken on oath? Yes. That oath is to withhold the Constitution of the



United States and the laws of the United States? A. Q. That is correct. In that regard, we in this country believe that the



ends don't justify the means when it comes to many things; is that correct? MR. RIDLEY: irrelevant. THE COURT: Overruled.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



Objection, vague, ambiguous,



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THE WITNESS:



That's correct. And in regard to this particular



(By MR. ANDERSON)



case, the defendant -- were you able to find any evidence whatsoever that Mr. Ramo was involved in a case that the defendant was actively investigating at the time he accessed NCIC? A. Q. I have not heard of any information of that fact. Was there any indication, whatsoever, that Mr. Ramo



was, in fact, the subject of an investigation by anyone within ICE at the time the defendant accessed his name? A. Q. I have heard no information of that fact. In regards to Mr. Ramo, the access of Mr. Ramo's



name, it is true, isn't it, that that was one of the names that was highlighted by Catherine Holtgrewe with her pink under liner? A. Q. Yes, it's true. And that name was highlighted by Ms. Holtgrewe



because why? A. Because they had interest in that case because of the



initial charges against him. Q. In regards to the access on the 18th, it is true,



isn't it, that there was, in fact -- the name Omar Perez showed up on that list of 152 names at least on two occasions; isn't that correct? MR. RIDLEY: Objection, Your Honor.

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



I will just



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object.



I think there was a misstatement of the date.



He



said access was on the 18th. testimony of that. Q. (By MR. ANDERSON)



I don't think there is any



I am sorry, it's late in the day.



If I said the 18th, I meant the 27th for the access? A. Q. A. Q. That's correct. 27th or --



September 27, 2006? Okay. That's correct.



Now, in regards to the list of 152 names -- could you



turn to Government Exhibit 203, please? A. Q. A. Q. Okay. And Bates No. 500426. Okay. And in regards to that particular document, about



two-thirds of the way down, do you see the name "Perez" twice? A. Q. Yes, I do. And both of those individuals -- those two names are



Omar Perez and Omar Perez; is that correct? A. Q. That's correct. Is that also Omar Perez, the first alias of Omar



Nunez, that shows up in Government's Exhibit, I believe 103H -- 103I, I believe, excuse me. I apologize. I



should have referenced you to Government Exhibit 103I. Are you there?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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A. Q. A. Q. A.



Yes. What is the first alias? Omar Perez. But that was accessed on the 28th; correct? Yes. That is why I was confused when you said the



18th and the 27th. Q. A. Q. 27th? A. Q. That's correct. Any confusion that I caused, which is not unusual, I I apologize. Yes. After the access of Mr. Ramo's name twice on the That was accessed on the 28th?



apologize for. In regards to Mr. Copp's testimony, it is -- what was your recollection of Mr. Copp's -- the words that were used to Mr. Copp by Mr. Voorhis? A. Q. That he was contacted by an anonymous source. Did you ever hear Mr. Marshall say that he wanted to



be treated as an anonymous source? A. Q. No. It is true, isn't it, that NCIC cannot be used for a



personal purpose? A. Q. That's true. And if you are going to use what they call code C, it



must be for a criminal justice purpose; correct?

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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A. Q.



That is my understanding. Anywhere, anywhere in this investigation, did you



find anything to substantiate a claim that Mr. Voorhis was using NCIC for a criminal justice purpose when he accessed Walter Noel Ramo's name on the 27th of September, 2006? A. I have not seen any evidence. MR. ANDERSON: Thank you. It would



Nothing further of this witness, Judge. probably be a good time to break. THE COURT: Pardon me?



MR. ANDERSON: break, Judge. THE COURT:



I think it would be a good time to



Ladies and gentlemen, you can go now,



please, and the rest of us are going to stay here for a few minutes. 9 o'clock tomorrow morning.



(The following is had in open court, outside the hearing and presence of the jury.) THE COURT: Thank you, and be seated, please.



I think that was your last witness. MR. ANDERSON: THE COURT: It was, Your Honor.



You want to check to make sure all of



your exhibits are in and the laundry is properly folded, et cetera? MR. ANDERSON: I have already been told we have a



couple of exhibits we need to move, and we are going to

DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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ask the Court to read a couple of stipulations tomorrow morning. THE COURT: All right. I am trying to coordinate



this so we don't have to have the jury come in and listen to a couple of things and then go back and wait while we have motions when you rest. So can we say that you're



resting subject to those matters? MR. ANDERSON: THE COURT: that be all right? MR. TAYLOR: THE COURT: That is fine, Your Honor. Okay. Let's do that, then. We'll be Please, Judge. That would be great.



Then take up the motion at 8:30, would



in recess, counsel, until 8:30, and on the jury trial until 9 o'clock. (Court is in recess at 4:56 p.m.)



DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado



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R E P O R T E R ' S



C E R T I F I C A T E



I, Darlene M. Martinez, Official Certified shorthand Reporter for the United States District Court, District of Colorado, do hereby certify that the foregoing is a true and accurate transcript of the proceedings had as taken stenographically by me at the time and place aforementioned.



Dated this 21st day of May, 2008.



_____________________________ s/Darlene M. Martinez RMR, CRR



DARLENE M. MARTINEZ, RMR, CRR United States District Court For the District of Colorado