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30 October 1998
See indictment: http://jya.com/wge072198.htm
See extensive news reports on the case: http://www.brownsvilleherald.com
PACER Electronic Docket as of October 30, 1998 08:03:23 AM Page 1
Proceedings include all events.
1:98cr415-ALL USA v. Wise, et al PRIOR
PRIOR
U.S. District Court
TXS - Southern District of Texas (Brownsville)
CRIMINAL DOCKET FOR CASE #: 98-CR-415-ALL
USA v. Wise, et al Filed: 07/21/98
Other Dkt # 1:98-m -02816
Case Assigned to: Judge Hilda G Tagle
JOHNIE WISE (1) Johnie Wise
defendant In Custody
Keith N Uhles
956-542-4370 fax
[COR LD NTC cja]
Royston Rayzor et al
P O Box 3509
Brownsville, TX 78523-3509
956-542-4377
Pending Counts: Disposition
18:2332(a)(2) and (c)(2)(C)
Consp. to use a weapon of mass
destruction against person(s)
w/in the U.S. the results of
which affected interstate &
foreign commerce. Offense
dates: 3/24/98 - 6/30/98
Penalty: Any term of years or
for life, $250,000, 5 yrs SRT.
(1)
18:2332(a)(2) and (c)(2)(C)
Consp. to use a weapon of mass
destruction against persons
w/in the U.S. the results of
which affected interstate &
foreign commerce. Offense
dates: 3/24/98 - 6/30/98
Penalty: Any term of years or
for life; $250,000; 5 yrs SRT.
(1s)
18:2332a(a)(2) and (c)(2)(C)
and 2 Threatening to use a
weapon of mass destruction.
Offense date: 6/26/98
Penalty: any term of years or
PACER Electronic Docket as of October 30, 1998 08:03:23 AM Page 2
Proceedings include all events.
1:98cr415-ALL USA v. Wise, et al PRIOR
for life, $250,000, 5 yrs
SRT as to ea ct.
(2 - 8)
18:2332a(a)(2) and (c)(2)(C)
and 2 Threatening to use a
weapon of mass destruction.
Offense date: 6/26/98
Penalty: any term of years or
for life; $250,000; 5 yrs
SRT as to ea ct.
(2s - 8s)
Offense Level (opening): 4
Terminated Counts:
NONE
Complaints Disposition
Without lawful authority,
threaten and conspire to use a
weapon of mass destruction,
including any biological agent,
toxin, or vector. 18 USC
2332a
[ 1:98-m -2816 ]
========================
PACER Electronic Docket as of October 30, 1998 07:34:43 AM Page 3
Proceedings include all events.
1:98cr415-ALL USA v. Wise, et al PRIOR
Case Assigned to: Judge Hilda G Tagle
JACK ABBOTT GREBE, JR. (2) Jack Abbott Grebe, Jr.
defendant In Custody
Daniel D Herink
956-541-2170 fax
[COR LD NTC cja]
Rodriguez Colvin & Chaney
P O Box 2155
Brownsville, TX 78522
956-542-7441
Pending Counts: Disposition
18:2332(a)(2) and (c)(2)(C)
Consp. to use a weapon of mass
destruction against person(s)
w/in the U.S. the results of
which affected interstate &
foreign commerce. Offense
dates: 3/24/98 - 6/30/98
Penalty: Any term of years or
for life, $250,000, 5 yrs SRT.
(1)
18:2332(a)(2) and (c)(2)(C)
Consp. to use a weapon of mass
destruction against persons
w/in the U.S. the results of
which affected interstate &
foreign commerce. Offense
dates: 3/24/98 - 6/30/98
Penalty: Any term of years or
for life; $250,000; 5 yrs SRT.
(1s)
18:2332a(a)(2) and (c)(2)(C)
and 2 Threatening to use a
weapon of mass destruction.
Offense date: 6/26/98
Penalty: any term of years or
for life, $250,000, 5 yrs
SRT as to ea ct.
(2 - 8)
18:2332a(a)(2) and (c)(2)(C)
and 2 Threatening to use a
weapon of mass destruction.
Offense date: 6/26/98
Penalty: any term of years or
for life; $250,000; 5 yrs
SRT as to ea ct.
PACER Electronic Docket as of October 30, 1998 07:34:43 AM Page 4
Proceedings include all events.
1:98cr415-ALL USA v. Wise, et al PRIOR
(2s - 8s)
Offense Level (opening): 4
Terminated Counts:
NONE
Complaints Disposition
Without lawful authority,
threaten and conspire to use a
weapon of mass destruction,
including any biological agent,
toxin, or vector. 18 USC
2332a
[ 1:98-m -2816 ]
========================
PACER Electronic Docket as of October 30, 1998 07:34:43 AM Page 5
Proceedings include all events.
1:98cr415-ALL USA v. Wise, et al PRIOR
Case Assigned to: Judge Hilda G Tagle
OLIVER DEAN EMIGH (3) Oliver Dean Emigh
defendant In Custody
Felix Recio, IV
[COR LD NTC pda]
Federal Public Defender
P O Box 2163
Brownsville, TX 78522
210-548-2573
Pending Counts: Disposition
18:2332(a)(2) and (c)(2)(C)
Consp. to use a weapon of mass
destruction against person(s)
w/in the U.S. the results of
which affected interstate &
foreign commerce. Offense
dates: 3/24/98 - 6/30/98
Penalty: Any term of years or
for life, $250,000, 5 yrs SRT.
(1)
18:2332(a)(2) and (c)(2)(C)
Consp. to use a weapon of mass
destruction against persons
w/in the U.S. the results of
which affected interstate &
foreign commerce. Offense
dates: 3/24/98 - 6/30/98
Penalty: Any term of years or
for life; $250,000; 5 yrs SRT.
(1s)
18:2332a(a)(2) and (c)(2)(C)
and 2 Threatening to use a
weapon of mass destruction.
Offense date: 6/26/98
Penalty: any term of years or
for life, $250,000, 5 yrs
SRT as to ea ct.
(2 - 8)
18:2332a(a)(2) and (c)(2)(C)
and 2 Threatening to use a
weapon of mass destruction.
Offense date: 6/26/98
Penalty: any term of years or
for life; $250,000; 5 yrs
SRT as to ea ct.
(2s - 8s)
PACER Electronic Docket as of October 30, 1998 07:34:43 AM Page 6
Proceedings include all events.
1:98cr415-ALL USA v. Wise, et al PRIOR
Offense Level (opening): 4
Terminated Counts:
NONE
Complaints Disposition
Without lawful authority,
threaten and conspire to use a
weapon of mass destruction,
including any biological agent,
toxin, or vector. 18 USC
2332a
[ 1:98-m -2816 ]
U. S. Attorneys:
Mervyn Milton Mosbacker, Jr
[COR LD NTC]
US Attorneys Office
PO Box 1671
Brownsville, TX 78522
[956] 512-548-2554
FTS 529-2554
PACER Electronic Docket as of October 30, 1998 07:34:43 AM Page 7
Proceedings include all events.
1:98cr415-ALL USA v. Wise, et al PRIOR
6/30/98 -- COMPLAINT as to Oliver Dean Emigh, Jack Abbott Grebe Jr.,
Johnie Wise , filed.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
6/30/98 -- SEALED DOCUMENT (Affidavit) as to Oliver Dean Emigh, Jack
Abbott Grebe Jr., Johnie Wise , filed.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
6/30/98 -- AFFIDAVIT for Arrest by USA as to Oliver Dean Emigh, Jack
Abbott Grebe Jr., Johnie Wise Re: , filed.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
6/30/98 -- SEALED DOCUMENT(Affidavit) as to Oliver Dean Emigh, Jack
Abbott Grebe Jr., Johnie Wise , filed.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
6/30/98 -- AFFIDAVIT For Arrest by USA as to Oliver Dean Emigh, Jack
Abbott Grebe Jr., Johnie Wise Re: , filed.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
6/30/98 -- Arrest WARRANT issued as to Oliver Dean Emigh
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
6/30/98 -- Arrest WARRANT issued as to Jack Abbott Grebe Jr.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
6/30/98 -- Arrest WARRANT issued as to Johnie Wise
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
7/1/98 -- Initial appearance as to Oliver Dean Emigh, Jack Abbott
Grebe Jr., Johnie Wise held before Magistrate Judge John
W. Black ; Detention Hearing set for 2:30 7/2/98 for
Oliver Dean Emigh, for Jack Abbott Grebe Jr., for Johnie
Wise Ct Reporter: Gabriel MEndieta, ERO (Defendant
informed of rights.) , filed. Deft Emigh requested court
appt'd counsel. Deft Grebe requested court appt'd counsel;
Deft 03 requested court appt'd counsel. Deft remanded to
custody U.S. Marshal.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
7/1/98 -- ORDER OF DETENTION Temporary as to Oliver Dean Emigh, Jack
Abbott Grebe Jr., Johnie Wise Detention Hearing set for
2:30 7/2/98 for Oliver Dean Emigh, for Jack Abbott Grebe
Jr., for Johnie Wise ( Signed by Magistrate Judge John W.
Black ), entered.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
7/1/98 -- ORDER Appointing Federal Public Defender for Oliver Dean
Emigh . Attorney Federal Public Defender added. (
Appointed by Magistrate Judge John W. Black ), entered.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
PACER Electronic Docket as of October 30, 1998 07:34:43 AM Page 8
Proceedings include all events.
1:98cr415-ALL USA v. Wise, et al PRIOR
7/1/98 -- CJA 20 as to Johnie Wise : Appointment of Attorney Keith N
Uhles Voucher # 0701043 ( Appointed by Magistrate Judge
John W. Black ) , entered.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
7/1/98 -- CJA 20 as to Jack Abbott Grebe Jr.: Appointment of Attorney
Daniel D Herink Voucher # 0701074 ( Appointed by
Magistrate Judge John W. Black ) , entered.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
7/2/98 -- Detention hearing as to Oliver Dean Emigh, Jack Abbott
Grebe Jr., Johnie Wise held before Magistrate Judge John
W. Black Ct Reporter: Gabriel Mendieta, ERO , filed.
App: Rick Lara AUSA; Felix REcio AFPD f/deft 01; Dan
Herink-appt-f/deft 02; Keith Uhles-appt-f/deft 03; Defts
appeared with respective counsel for detention hering.
Arguments of counsel held. Court makes findings from the
bench. Defts ordered held without bond pending trial.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
7/2/98 -- ORDER OF DETENTION Pending Trial as to Oliver Dean Emigh (
Signed by Magistrate Judge John W. Black ), entered.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
7/2/98 -- ORDER OF DETENTION Pending Trial as to Jack Abbott Grebe
Jr. ( Signed by Magistrate Judge John W. Black ), entered.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
7/2/98 -- ORDER OF DETENTION Pending trial as to Johnie Wise ( Signed
by Magistrate Judge John W. Black ), entered.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
7/7/98 -- MOTION by Johnie Wise to unseal documents , filed.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
7/9/98 -- MOTION by Oliver Dean Emigh, Jack Abbott Grebe Jr., Johnie
Wise for Preliminary Hearing , filed.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
7/9/98 -- ORDER granting [0-1] motion for Preliminary Hearing as to
Oliver Dean Emigh (1), Jack Abbott Grebe (2), Johnie (3)
set Preliminary hearing for 2:00 7/15/98 for Oliver Dean
Emigh, for Jack Abbott Grebe Jr., for Johnie Wise before
Magistrate Judge John W. Black ( Signed by Magistrate
Judge John W. Black ), entered. Parties ntfd.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
7/9/98 -- Emergency MOTION by Jack Abbott Grebe Jr. to unseal
Affidavits and to Reduce Bond , filed.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
7/9/98 -- Search WARRANT Returned Executed as to Oliver Dean Emigh on
7/1/98 , filed.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
PACER Electronic Docket as of October 30, 1998 07:34:43 AM Page 9
Proceedings include all events.
1:98cr415-ALL USA v. Wise, et al PRIOR
7/9/98 -- Search Warrant Returned in case as to Jack Abbott Grebe Jr.
( Signed by Magistrate Judge John W. Black ), filed.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
7/9/98 -- Search Warrant Returned in case as to Johnie Wise ( Signed
by Magistrate Judge John W. Black ), filed.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
7/9/98 -- MOTION by Johnie Wise for Disclosure of statements ,
filed.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
7/9/98 -- Motion(s) joined by Johnie Wise : Deft Jack Abbott Grebe, J
r.'s motion for Preliminary Hearing, filed.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
7/13/98 -- ORDER granting [0-1] motion to unseal Affidavits as to Jack
Abbott (2) ( Signed by Magistrate Judge John W. Black ),
entered. Parties ntfd.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
7/14/98 -- MOTION by Johnie Wise to Reduce Bond , filed.
[ 1:98-m -2816 ] (maxg) [Entry date 07/15/98]
7/14/98 -- MOTION by Oliver Dean Emigh to Recondiser Bond , filed.
[ 1:98-m -2816 ] (maxg) [Entry date 07/17/98]
7/15/98 -- MOTION by USA as to Oliver Dean Emigh, Jack Abbott Grebe
Jr., Johnie Wise to quash Subpoena , filed.
[ 1:98-m -2816 ] (maxg) [Entry date 07/17/98]
7/15/98 -- Bond hearing as to Oliver Dean Emigh, Jack Abbott Grebe
Jr., Johnie Wise held before Magistrate Judge John W.
Black Ct Reporter: Irma Soto , filed. App: Mervyn
Mosbacher AUSA' Jeff Wilde- AFPD-f/deft Emigh; Dan
Herink-appt- f/deft Grebe; Keith Uhles-appt-f/deft Wise;
Defts appeared with respective counsel for a preliminary
hearing. Arguments of counsel held. Court finds that
probable cause exists. Court considers Defts' Motions for
Reconsideration of bonds. Arguments of counsel held.
Motions are denied and all defts are ordered held without
bond pending trial. Exhibit list filed. Motions to Quash
Subpoena is Granted.
[ 1:98-m -2816 ] (maxg) [Entry date 07/17/98]
7/15/98 -- Exhibit list by Oliver Dean Emigh, Jack Abbott Grebe Jr.,
Johnie Wise ,filed.
[ 1:98-m -2816 ] (maxg) [Entry date 07/17/98]
7/16/98 -- Arrest WARRANT Returned Executed as to Johnie Wise on
7/1/98 , filed.
[ 1:98-m -2816 ] (maxg) [Entry date 07/17/98]
PACER Electronic Docket as of October 30, 1998 07:34:43 AM Page 10
Proceedings include all events.
1:98cr415-ALL USA v. Wise, et al PRIOR
7/16/98 -- Arrest WARRANT Returned Executed as to Oliver Dean Emigh on
7/1/98 , filed.
[ 1:98-m -2816 ] (maxg) [Entry date 07/17/98]
7/16/98 -- NOTICE OF INTERLOCUTORY APPEAL by Johnie Wise re [0-1]
Order Pending Trial 7/2/98 and Order Denying Motion to
Reduce Bond 7/15/98 , filed.
[ 1:98-m -2816 ] (maxg) [Entry date 07/21/98]
7/21/98 1 INDICTMENT as to Johnie Wise (1) count(s) 1, 2-8, Jack
Abbott Grebe (2) count(s) 1, 2-8, Oliver Dean Emigh (3)
count(s) 1, 2-8 , filed. (oa) [Entry date 07/21/98]
7/21/98 -- NOTICE of Setting set Arraignment for 8:00 7/29/98 for
Johnie Wise, for Jack Abbott Grebe Jr., for Oliver Dean
Emigh before Magistrate Judge John W. Black , filed.
Parties ntfd. (oa) [Entry date 07/21/98]
7/21/98 2 NOTICE of WITHDRAWL OF NOTICE OF APPEAL by Johnie Wise ,
filed. (oa) [Entry date 07/21/98]
7/21/98 3 EMERGENCY MOTION by Johnie Wise for revocation or to amend
[0-1] detention order , filed. (oa) [Entry date 07/21/98]
[Edit date 08/10/98]
7/23/98 4 MOTION by Johnie Wise for discovery , filed. (lar)
[Entry date 07/24/98]
7/23/98 5 BRIEF IN SUPPORT by Johnie Wise re: [4-1] motion for
discovery , filed. (lar) [Entry date 07/24/98]
7/23/98 6 MOTION by Johnie Wise for inspection of witness' prior
statements for cross examination, filed. (lar)
[Entry date 07/24/98]
7/23/98 7 MOTION by Johnie Wise for Disclosure pursuant to Rule 16
, filed. (lar) [Entry date 07/24/98]
7/23/98 8 MOTION by Johnie Wise for identification of confidential
witness, filed. (lar) [Entry date 07/24/98]
7/23/98 9 MOTION by Johnie Wise for Govt to reveal
agreements/concession/leniency/immunity to Witnesses ,
filed. (lar) [Entry date 07/24/98]
7/23/98 10 MOTION by Johnie Wise to expedite hearing on pre-trial
motions , filed. (lar) [Entry date 07/24/98]
7/23/98 11 MOTION by Johnie Wise for Bill of Particulars , filed. (lar)
[Entry date 07/24/98]
7/23/98 12 MOTION by Johnie Wise for Notice of Govt intent to use
evidence , filed. (lar) [Entry date 07/24/98]
PACER Electronic Docket as of October 30, 1998 07:34:43 AM Page 11
Proceedings include all events.
1:98cr415-ALL USA v. Wise, et al PRIOR
7/23/98 13 MOTION by Johnie Wise for Notice of Govt intent to
introduce evidence of other crimes, wrongs or acts of the
defendant , filed. (lar) [Entry date 07/24/98]
7/23/98 14 Excludable Delay Worksheet X-E start 7/23/98 as to Johnie
Wise , filed. (lar) [Entry date 07/24/98]
7/24/98 17 Arraignment held before Magistrate Judge John W. Black Ct
Reporter: Gabriel Mendieta, ERO Interpreter: Ana Caddess
F/Govt Mervyn Mosbacker AUSA F/Deft Grebe Dan Herink F/Deft
Wise Keith Uhles, filed., Plea of Not Guilty: , Johnie Wise
(1) count(s) 1, 2-8, Jack Abbott Grebe (2) count(s) 1, 2-8
Defts' counsel request that defts remain @ Cameron Co. Jail
GRANTED. Deft's re-urge Motion for bond DENIED. Court will
view the videotapes of defts' activities. Mr. Uhles'
request to lift the "gag" Order is DENIED. (oa)
[Entry date 08/05/98] [Edit date 08/05/98]
7/24/98 18 SCHEDULING ORDER setting Motion Filing deadline on 8/19/98 ;
Motion Response deadline 8/28/98 Pretrial Conference for
9:00 9/3/98 ; Jury Selection for 9:00 9/4/98 for Jack
Abbott Grebe Jr. ; before Judge Hilda G. Tagle ( Signed
by Magistrate Judge John W. Black ), entered. Parties ntfd.
(oa) [Entry date 08/05/98]
7/24/98 19 SCHEDULING ORDER setting Motion Filing deadline on 8/19/98 ;
Motion Response deadline 8/28/98 Pretrial Conference for
9:00 9/3/98 ; Jury Selection for 9:00 for Johnie Wise ;
before Judge Hilda G. Tagle ( Signed by Magistrate Judge
John W. Black ), entered. Parties ntfd. (oa)
[Entry date 08/05/98]
7/29/98 20 Arraignment held before Magistrate Judge John W. Black Ct
Reporter: Gabriel Mendieta, ERO Interpreter: Ana Caddess
F/Govt Rick Lara/Oscar Ponce AUSA F/Deft Felix Recio AFPD,
filed., Plea of Not Guilty: , Oliver Dean Emigh (3)
count(s) 1, 2-8 (oa) [Entry date 08/05/98]
7/29/98 21 SCHEDULING ORDER setting Motion Filing deadline on 8/19/98 ;
Motion Response deadline 8/28/98 Pretrial Conference for
9:00 9/3/98 ; Jury Selection for 9:00 9/4/98 for Oliver
Dean Emigh ; before Judge Hilda G. Tagle ( Signed by
Magistrate Judge John W. Black ), entered. Parties ntfd. (oa)
[Entry date 08/05/98]
7/30/98 15 TRANSCRIPT filed in case as to Johnie Wise, Jack Abbott
Grebe Jr., Oliver Dean Emigh for Detention Hearing Hearing
for dates of 7/2/98 before Judge John Wm. Black , filed. (
Court Rptr: Irma Soto, ERO) (oa) [Entry date 07/30/98]
7/30/98 16 TRANSCRIPT filed in case as to Johnie Wise, Jack Abbott
Grebe Jr., Oliver Dean Emigh for Preliminary Examination
Hearing for dates of 7/15/98 before Judge John Wm. Black
, filed. ( Court Rptr: Irma A. Soto, ERO) (oa)
PACER Electronic Docket as of October 30, 1998 07:34:43 AM Page 12
Proceedings include all events.
1:98cr415-ALL USA v. Wise, et al PRIOR
[Entry date 07/30/98]
8/4/98 22 SUPERSEDING INDICTMENT as to Johnie Wise (1) count(s) 1s,
2s-8s, Jack Abbott Grebe (2) count(s) 1s, 2s-8s, Oliver
Dean Emigh (3) count(s) 1s, 2s-8s , filed. (oa)
[Entry date 08/05/98]
8/4/98 -- NOTICE of Setting set Arraignment for 8:00 8/12/98 for
Johnie Wise, for Jack Abbott Grebe Jr., for Oliver Dean
Emigh before Magistrate Judge Fidencio Garza Jr. , filed.
Parties ntfd. (oa) [Entry date 08/05/98]
8/6/98 23 SECOND MOTION by Johnie Wise for Expedited Hearing on
Pretrial Motions , filed. (oa) [Entry date 08/07/98]
8/6/98 24 MOTION by Johnie Wise for prompt determination of his
emergency motion for Revocation or Amendment of the
Detention Order , filed. (oa) [Entry date 08/07/98]
8/6/98 25 FIRST SUPPLEMENTAL MOTION by Johnie Wise for discovery ,
filed. (oa) [Entry date 08/07/98]
8/6/98 26 Excludable Delay Worksheet XE start 8/6/98 as to Johnie
Wise , filed. (oa) [Entry date 08/07/98]
8/11/98 27 MOTION by Oliver Dean Emigh to continue , filed. (oa)
[Entry date 08/11/98]
8/11/98 28 MOTION by Jack Abbott Grebe Jr. to continue , filed. (oa)
[Entry date 08/12/98]
8/12/98 29 Arraignment held before Magistrate Judge Fidencio Garza Jr.
Ct Reporter: Gabriel Mendieta, ERO Interpreter: Karen
Pena F/Govt Oscar Ponce & Dan Calvert AUSA F/Deft Wise,
Keith Uhles F/Deft Grebe, Daniel Herink F/Deft Emigh,
Felix Recio AFPD , filed., Plea of Not Guilty: , Johnie
Wise (1) count(s) 1s, 2s-8s, Jack Abbott Grebe (2) count(s)
1s, 2s-8s, Oliver Dean Emigh (3) count(s) 1s, 2s-8s (oa)
[Entry date 08/12/98]
8/12/98 30 SCHEDULING ORDER as to Johnie Wise setting Motion Filing
deadline on 8/31/98 ; Motion Response deadline 9/19/98
Pretrial Conference for 9:00 10/1/98 ; Jury Selection for
9:00 10/2/98 before Judge Hilda G. Tagle ( Signed by
Magistrate Judge Fidencio Garza Jr. ), entered. Parties
ntfd. (oa) [Entry date 08/12/98]
8/12/98 31 SCHEDULING ORDER as to Jack Abbott Grebe Jr. setting Motion
Filing deadline on 8/31/98 ; Motion Response deadline
9/19/98 Pretrial Conference for 9:00 10/1/98 ; Jury
Selection for 9:00 10/2/98 for Jack Abbott Grebe Jr. ;
before Judge Hilda G. Tagle ( Signed by Magistrate Judge
Fidencio Garza Jr. ), entered. Parties ntfd. (oa)
[Entry date 08/12/98]
PACER Electronic Docket as of October 30, 1998 07:34:43 AM Page 13
Proceedings include all events.
1:98cr415-ALL USA v. Wise, et al PRIOR
Press SPACE for more, q to Quit, b to backup
8/12/98 32 SCHEDULING ORDER as to Oliver Dean Emigh setting Motion
Filing deadline on 8/31/98 ; Motion Response deadline
9/19/98 Pretrial Conference for 9:00 10/1/98 ; Jury
Selection for 9:00 10/2/98 for Oliver Dean Emigh ; before
Judge Hilda G. Tagle ( Signed by Magistrate Judge Fidencio
Garza Jr. ), entered. Parties ntfd. (oa)
[Entry date 08/12/98]
8/13/98 33 SECOND MOTION by Johnie Wise to expedite determination of
his emergency motion for revocation or amendment of the
detention Order (oa) [Entry date 08/13/98]
8/19/98 34 ORDER denying [3-1] motion for revocation or to amend [0-1]
detention order as to Johnie Wise (1) Deft Wise shall
continue to be held w/o bail ( Signed by Judge Hilda G.
Tagle ), entered. Parties ntfd. (oa) [Entry date 08/19/98]
8/25/98 35 NOTICE OF INTERLOCUTORY APPEAL by Johnie Wise re [34-1]
order Filing Fee $ 105.00 , filed. (maxg)
[Entry date 08/26/98]
8/31/98 -- Notice of appeal and certified copy of docket as to Johnie
Wise to USCA: [35-1] Interlocutory appeal . Parties ntfd.
(oa) [Entry date 08/31/98]
8/31/98 36 MOTION by Johnie Wise exparte, for Appointment of
Experts and Approval by Chief Judge for Excess Funding ,
filed. (oa) [Entry date 08/31/98]
8/31/98 37 THIRD MOTION by Johnie Wise for Expedited Hearing on
Pretrial Motions , filed. (oa) [Entry date 09/01/98]
8/31/98 38 MOTION by Johnie Wise to require the Govt to open its
file , filed. (oa) [Entry date 09/01/98]
8/31/98 39 MOTION by Johnie Wise for Daubert Hearing , filed. (oa)
[Entry date 09/01/98]
8/31/98 40 MOTION by Johnie Wise to dismiss Indictment , filed. (oa)
[Entry date 09/01/98]
8/31/98 41 MOTION by Johnie Wise to suppress , filed. (oa)
[Entry date 09/01/98]
8/31/98 42 MOTION by Johnie Wise to Join co-defts' motions , filed. (oa)
[Entry date 09/01/98]
8/31/98 43 MOTION by Johnie Wise for discovery of material requested
in first supplemental request for discovery , filed. (oa)
[Entry date 09/01/98]
8/31/98 44 MOTION by Johnie Wise to Allow Counsel to Conduct Oral
Voir Dire , filed. (oa) [Entry date 09/01/98]
PACER Electronic Docket as of October 30, 1998 07:34:43 AM Page 14
Proceedings include all events.
1:98cr415-ALL USA v. Wise, et al PRIOR
8/31/98 45 MOTION by Jack Abbott Grebe Jr. for early disclosure of
Jencks Act Material , filed. (oa) [Entry date 09/01/98]
8/31/98 46 MOTION by Jack Abbott Grebe Jr. to produce an informant or
witness , filed. (oa) [Entry date 09/01/98]
8/31/98 47 MOTION by Jack Abbott Grebe Jr. for James Hearing ,
filed. (oa) [Entry date 09/01/98]
8/31/98 48 MOTION by Jack Abbott Grebe Jr. to compel disclosure of U.
S. Attorney's Jury Selection Data , filed. (oa)
[Entry date 09/01/98]
8/31/98 49 MEMORANDUM by Jack Abbott Grebe Jr. in support of [48-1]
motion to compel disclosure of U. S. Attorney's Jury
Selection Data , filed. (oa) [Entry date 09/01/98]
8/31/98 50 MOTION by Jack Abbott Grebe Jr. in limine , filed. (oa)
[Entry date 09/01/98]
8/31/98 51 MOTION by Jack Abbott Grebe Jr. to dismiss Indictment ,
filed. (oa) [Entry date 09/01/98]
8/31/98 52 MOTION by Jack Abbott Grebe Jr. for separate hearing to
determine existence of conspiracy , filed. (oa)
[Entry date 09/01/98]
8/31/98 53 MOTION by Jack Abbott Grebe Jr. to reveal any deals,
agreements and/or compensation between Govt and Witnesses
, filed. (oa) [Entry date 09/01/98]
8/31/98 54 MOTION by Jack Abbott Grebe Jr. to Adopt Motion of Other
Defendant , filed. (oa) [Entry date 09/01/98]
8/31/98 55 MOTION by Jack Abbott Grebe Jr. for Jencks Act Material ,
filed. (oa) [Entry date 09/01/98]
8/31/98 56 MOTION by Jack Abbott Grebe Jr. to discover criminal
records of Govt witnesses , filed. (oa)
[Entry date 09/01/98]
8/31/98 57 MEMORANDUM by Jack Abbott Grebe Jr. in support of [56-1]
motion to discover criminal records of Govt witnesses ,
filed. (oa) [Entry date 09/01/98]
8/31/98 58 MOTION by Jack Abbott Grebe Jr. for discovery - extraneous
acts , filed. (oa) [Entry date 09/01/98]
8/31/98 59 MOTION by Jack Abbott Grebe Jr. for identification of
informant, and for Equal Access to Govt Informant/Witness
for interview , filed. (oa) [Entry date 09/01/98]
PACER Electronic Docket as of October 30, 1998 07:34:43 AM Page 15
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1:98cr415-ALL USA v. Wise, et al PRIOR
8/31/98 60 MOTION by Jack Abbott Grebe Jr. to produce exculpatory and
mitigating evidence , filed. (oa) [Entry date 09/01/98]
8/31/98 61 MEMORANDUM by Jack Abbott Grebe Jr. in support of [60-1]
motion to produce exculpatory and mitigating evidence ,
filed. (oa) [Entry date 09/01/98]
8/31/98 62 MOTION by Jack Abbott Grebe Jr. for list of witnesses ,
filed. (oa) [Entry date 09/01/98]
8/31/98 63 MOTION by Jack Abbott Grebe Jr. to require disclosure of
identification of informant , filed. (oa)
[Entry date 09/01/98]
8/31/98 64 MOTION by Jack Abbott Grebe Jr. for Disclosure of
evidence , filed. (oa) [Entry date 09/01/98]
8/31/98 65 MOTION by Jack Abbott Grebe Jr. for disclosure of
impeaching information , filed. (oa) [Entry date 09/01/98]
8/31/98 66 MOTION by Jack Abbott Grebe Jr. to allow his attorney to
conduct the examination of the prospective jurors , filed.
(oa) [Entry date 09/01/98]
8/31/98 67 Excludable Delay Worksheet XE start 8/31/98 as to Jack
Abbott Grebe Jr., filed. (oa) [Entry date 09/01/98]
9/2/98 68 MOTION by Oliver Dean Emigh for identification of
informant , filed. (oa) [Entry date 09/02/98]
9/2/98 69 MOTION by Oliver Dean Emigh for discovery, and for
inspection of evidence , filed. (oa) [Entry date 09/02/98]
9/2/98 70 MOTION by Oliver Dean Emigh to sever , filed. (oa)
[Entry date 09/02/98]
9/2/98 71 MOTION by Oliver Dean Emigh in limine , filed. (oa)
[Entry date 09/02/98]
9/2/98 72 Excludable Delay Worksheet XE start 9/2/98 as to Oliver
Dean Emigh , filed. (oa) [Entry date 09/02/98]
9/8/98 -- USCA Case Number as to Johnie Wise Re: [35-1]
Interlocutory appeal USCA NUMBER: 98-41057 (oa)
[Entry date 09/08/98]
9/10/98 -- Certified and transmitted record on appeal consisting of 1
Volume of the Record and 2 Volumes of the Transcript to
U.S. Court of Appeals as to Johnie Wise : [35-1]
Interlocutory appeal . Circuit No. 98-41057. Parties
ntfd. (oa) [Entry date 09/10/98]
9/15/98 73 SECOND MOTION by Oliver Dean Emigh for discovery, and
for inspection of evidence , filed. (oa)
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1:98cr415-ALL USA v. Wise, et al PRIOR
[Entry date 09/16/98]
9/15/98 74 MOTION by Oliver Dean Emigh to dismiss counts 2 through 8
and/or motion to select or consolidate counts due to
multiplicity , filed. (oa) [Entry date 09/16/98]
9/17/98 75 MOTION by Jack Abbott Grebe Jr. to sever and for separate
trial , filed. (oa) [Entry date 09/18/98]
9/17/98 76 MOTION by Jack Abbott Grebe Jr. to Join, to dismiss
counts 2 through 8 and/or motion to select or consolidate
counts due to multiplicity , filed. (oa)
[Entry date 09/18/98]
9/18/98 77 MOTION by Oliver Dean Emigh to dismiss Indictment on first
Amendment grounds , filed. (oa) [Entry date 09/21/98]
9/18/98 78 MOTION by Oliver Dean Emigh for Bill of Particulars ,
filed. (oa) [Entry date 09/21/98]
9/21/98 79 RESPONSE by USA as to Jack Abbott Grebe Jr. re: [47-1]
motion for James Hearing , filed. (oa)
[Entry date 09/22/98]
9/21/98 80 RESPONSE by USA as to Jack Abbott Grebe Jr. re: [62-1]
motion for list of witnesses , filed. (oa)
[Entry date 09/22/98]
9/21/98 81 RESPONSE by USA as to Jack Abbott Grebe Jr. re: [55-1]
motion for Jencks Act Material , filed. (oa)
[Entry date 09/22/98]
9/21/98 82 RESPONSE by USA as to Jack Abbott Grebe Jr. re: [68-1]
motion for identification of informant , filed. (oa)
[Entry date 09/22/98]
9/22/98 83 RESPONSE by USA as to Jack Abbott Grebe Jr. re: [48-1]
motion to compel disclosure of U. S. Attorney's Jury
Selection Data , filed. (oa) [Entry date 09/22/98]
9/22/98 84 RESPONSE by USA as to Jack Abbott Grebe Jr. re: [46-1]
motion to produce an informant or witness , filed. (oa)
[Entry date 09/22/98]
9/22/98 85 MOTION by Jack Abbott Grebe Jr. to Join [77-1] motion to
dismiss Indictment on first Amendment grounds , filed. (oa)
[Entry date 09/22/98]
9/22/98 86 RESPONSE by USA as to Jack Abbott Grebe Jr. re: [50-1]
motion in limine , filed. (oa) [Entry date 09/22/98]
9/23/98 87 RESPONSE by USA as to Jack Abbott Grebe Jr. re: [55-1]
motion for Jencks Act Material , filed. (oa)
[Entry date 09/23/98]
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1:98cr415-ALL USA v. Wise, et al PRIOR
9/23/98 88 RESPONSE by USA as to Jack Abbott Grebe Jr. re: [53-1]
motion to reveal any deals, agreements and/or compensation
between Govt and Witnesses , filed. (oa)
[Entry date 09/23/98]
9/23/98 89 RESPONSE by USA as to Jack Abbott Grebe Jr. re: [60-1]
motion to produce exculpatory and mitigating evidence ,
filed. (oa) [Entry date 09/23/98]
9/23/98 90 RESPONSE by USA as to Jack Abbott Grebe Jr. re: [63-1]
motion to require disclosure of identification of informant
, filed. (oa) [Entry date 09/23/98]
9/23/98 91 RESPONSE by USA as to Jack Abbott Grebe Jr. re: [59-2]
motion for Equal Access to Govt Informant/Witness for
interview , filed. (oa) [Entry date 09/23/98]
9/23/98 92 RESPONSE by USA as to Jack Abbott Grebe Jr. re: [56-1]
motion to discover criminal records of Govt witnesses ,
filed. (oa) [Entry date 09/23/98]
9/23/98 93 RESPONSE by USA as to Jack Abbott Grebe Jr. re: [64-1]
motion for Disclosure of evidence , filed. (oa)
[Entry date 09/23/98]
9/23/98 94 MOTION by USA as to Jack Abbott Grebe Jr. for Reciprocal
Discovery , filed. (oa) [Entry date 09/23/98]
9/23/98 95 RESPONSE by USA as to Jack Abbott Grebe Jr. re: [65-1]
motion for disclosure of impeaching information , filed.
(oa) [Entry date 09/23/98]
9/24/98 96 RESPONSE by USA as to Johnie Wise re: [43-1] motion for
discovery of material requested in first supplemental
request for discovery , filed. (oa) [Entry date 09/24/98]
9/24/98 97 RESPONSE by USA as to Johnie Wise re: [6-1] motion for
inspection of witness' prior statements for cross
examination , filed. (oa) [Entry date 09/24/98]
9/24/98 98 MOTION by USA as to Johnie Wise for Reciprocal Discovery
, filed. (oa) [Entry date 09/24/98]
9/24/98 99 ORDER granting [36-1] motion exparte , granting [36-2]
motion for Appointment of Experts and Approval by Chief
Judge for Excess Funding to Johnie Wise (1) Deft Wise's
Counsel is granted permission to retain expert witness,
Connie Hendrickson, Ph.D., and for payment of a fee up to
$1,000.00. ( Signed by Judge Hilda G. Tagle ), entered.
Parties ntfd. (oa) [Entry date 09/24/98]
9/24/98 100 RESPONSE by USA as to Johnie Wise re: [12-1] motion for
Notice of Govt intent to use evidence , filed. (oa)
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1:98cr415-ALL USA v. Wise, et al PRIOR
[Entry date 09/24/98]
9/24/98 101 RESPONSE by USA as to Johnie Wise re: [7-1] motion for
Disclosure pursuant to Rule 16 , filed. (oa)
[Entry date 09/24/98]
9/24/98 102 RESPONSE by USA as to Johnie Wise re: [8-1] motion for
identification of confidential witness , filed. (oa)
[Entry date 09/24/98]
9/24/98 103 RESPONSE by USA as to Johnie Wise re: [9-1] motion for
Govt to reveal agreements/concession/leniency/immunity to
Witnesses , filed. (oa) [Entry date 09/24/98]
9/24/98 104 RESPONSE by USA as to Johnie Wise re: [11-1] motion for
Bill of Particulars , filed. (oa) [Entry date 09/24/98]
9/24/98 105 RESPONSE by USA as to Johnie Wise re: [13-1] motion for
Notice of Govt intent to introduce evidence of other
crimes, wrongs or acts of the defendant , filed. (oa)
[Entry date 09/24/98]
9/24/98 106 RESPONSE by USA as to Johnie Wise re: [43-1] motion for
discovery of material requested in first supplemental
request for discovery , filed. (oa) [Entry date 09/24/98]
9/25/98 107 MOTION by Johnie Wise to Join [77-1] motion to dismiss
Indictment on first Amendment grounds , filed. (oa)
[Entry date 09/25/98]
9/25/98 108 MOTION by Johnie Wise to Exclude Evidence for Intentional
Failure to Comply with Rule 16 , filed. (oa)
[Entry date 09/25/98]
9/25/98 109 MOTION by Johnie Wise to sever and for separate trial ,
filed. (oa) [Entry date 09/25/98]
9/25/98 110 MOTION by USA as to Oliver Dean Emigh for Reciprocal
Discovery , filed. (oa) [Entry date 09/25/98]
9/25/98 111 RESPONSE by USA as to Oliver Dean Emigh re: [73-1] motion
for discovery, [73-2] motion for inspection of evidence ,
filed. (oa) [Entry date 09/25/98]
9/25/98 112 RESPONSE by USA as to Oliver Dean Emigh re: [68-1] motion
for identification of informant , filed. (oa)
[Entry date 09/25/98]
9/25/98 113 RESPONSE by USA as to Johnie Wise re: [39-1] motion for
Daubert Hearing , filed. (oa) [Entry date 09/25/98]
9/25/98 114 RESPONSE by USA as to Oliver Dean Emigh re: [78-1] motion
for Bill of Particulars , filed. (oa) [Entry date 09/25/98]
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1:98cr415-ALL USA v. Wise, et al PRIOR
9/25/98 115 RESPONSE by USA as to Oliver Dean Emigh re: [71-1] motion
in limine , filed. (oa) [Entry date 09/25/98]
9/25/98 116 RESPONSE by USA as to Johnie Wise re: [38-1] motion to
require the Govt to open its file , filed. (oa)
[Entry date 09/25/98]
9/25/98 117 RESPONSE by USA as to Oliver Dean Emigh re: [74-1] motion
to dismiss counts 2 through 8 and/or motion to select or
consolidate counts due to multiplicity , filed. (oa)
[Entry date 09/25/98]
9/25/98 118 RESPONSE by USA as to Oliver Dean Emigh re: [77-1] motion
to dismiss Indictment on first Amendment grounds , filed.
(oa) [Entry date 09/25/98]
9/30/98 119 SECOND MOTION by Oliver Dean Emigh in limine , filed. (oa)
[Entry date 09/30/98]
10/1/98 120 MOTION by Jack Abbott Grebe Jr. for Bill of Particulars ,
filed. (oa) [Entry date 10/01/98]
10/1/98 121 RESPONSE by Oliver Dean Emigh to [110-1] motion for
Reciprocal Discovery , filed. (oa) [Entry date 10/01/98]
10/1/98 122 NOTICE OF PENDING MOTIONS by Oliver Dean Emigh , filed. (oa)
[Entry date 10/01/98]
10/1/98 123 RESPONSE by USA as to Johnie Wise re: [41-1] motion to
suppress , filed. (oa) [Entry date 10/01/98]
10/1/98 130 Pre-trial conference as to Johnie Wise, Jack Abbott Grebe
Jr., Oliver Dean Emigh held before Judge Hilda G. Tagle
Jury Selection set for 8:30 10/5/98 Jury Trial set for 8:30
10/19/98 Court Reporter: Breck Record F/govt M
Mosbecker AUSA F/Deft Wise, Keith Uhles F/Deft Grebe,
Daniel Herink F/Deft Emigh , Felix Recio AFPD, filed.
Hearing on all pending motions law clerk will prepare
order. (oa) [Entry date 10/06/98]
10/2/98 124 Proposed Voir Dire Questions by Johnie Wise , filed. (oa)
[Entry date 10/02/98]
10/2/98 125 RESPONSE by USA as to Oliver Dean Emigh re: [70-1] motion
to sever , filed. (oa) [Entry date 10/02/98]
10/2/98 126 MOTION by Johnie Wise exparte, for Appointment of Mark
Lacey as an Expert , filed. (oa) [Entry date 10/02/98]
10/2/98 127 Proposed Voir Dire Questions by Oliver Dean Emigh ,
filed. (oa) [Entry date 10/02/98]
10/2/98 128 Proposed Jury Instructions by USA as to Johnie Wise, Jack
Abbott Grebe Jr., Oliver Dean Emigh , filed. (oa)
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1:98cr415-ALL USA v. Wise, et al PRIOR
[Entry date 10/05/98]
10/5/98 128 NOTICE of Setting set Motions hearing for 10:00 10/8/98
for Johnie Wise, for Jack Abbott Grebe Jr., for Oliver Dean
Emigh before Judge Hilda G. Tagle , filed. Parties ntfd.
(oa) [Entry date 10/05/98] [Edit date 10/16/98]
10/5/98 131 Proposed Specific Voir Dire Questions to the Jury Panel by
Jack Abbott Grebe Jr. , filed. (oa) [Entry date 10/06/98]
10/5/98 132 Jury selection as to Johnie Wise, Jack Abbott Grebe Jr.,
Oliver Dean Emigh held before Judge Hilda G. Tagle Ct
Reporter: Breck Record F/Govt M. Mosbacker AUSA F/Deft
Wise, Keith Uhles F/Deft Grebe, Daniel Hernick F/Deft
Emigh, Felix Recio & Timoteo Gomez AFPD, filed. Jury
selected. All Defts' Motion to Strike - DENIED. All
Defts' Motion for Mistrial - DENIED. All Defts' Motion for
Change of Venue - DENIED. Deft Grebe's Motion to Allow
Attorneys to Question jurors individually - DENIED. Deft
Wise' Motion to Change Venue outside of TX - DENIED. (oa)
[Entry date 10/06/98]
10/5/98 133 Jury list as to Johnie Wise, Jack Abbott Grebe Jr., Oliver
Dean Emigh , filed. (oa) [Entry date 10/07/98]
10/5/98 -- Voir dire begun as to Johnie Wise (1) count(s) 1s, 2s-8s,
Jack Abbott Grebe (2) count(s) 1s, 2s-8s, Oliver Dean Emigh
(3) count(s) 1s, 2s-8s , filed. (oa) [Entry date 10/07/98]
10/5/98 -- ORAL ORDER denying [66-1] motion to allow his attorney to
conduct the examination of the prospective jurors as to
Jack Abbott Grebe (2) ( Entered by Judge Hilda G. Tagle )
(oa) [Entry date 10/07/98]
10/5/98 134 Witness list by USA as to Johnie Wise, Jack Abbott Grebe
Jr., Oliver Dean Emigh , filed. (oa) [Entry date 10/07/98]
10/5/98 135 MOTION by Oliver Dean Emigh exparte for issuance of
witness subpoenas , filed. (oa) [Entry date 10/07/98]
10/6/98 136 ORDER granting [135-1] motion exparte for issuance of
witness subpoenas for David Martinez, Elaine Lockhart,
Sharon Cain & Maz Martinez to attend Jury Trial on 10/19/98
as to Oliver Dean Emigh (3) ( Signed by Judge Hilda G.
Tagle ), entered. Parties ntfd. (oa) [Entry date 10/07/98]
10/6/98 -- SUBPOENA issued 4 as to Oliver Dean Emigh to appear on
10/19/98. (oa) [Entry date 10/07/98]
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1:98cr415-ALL USA v. Wise, et al PRIOR
10/8/98 137 Motion hearing held as to Johnie Wise, Jack Abbott Grebe
Jr., Oliver Dean Emigh re: various motions before Judge
Hilda G. Tagle Ct Reporter: Breck Record F/Govt Mervyn
Mosbacker AUSA F/Deft Wise, Uhles F/Deft Grebe, Herink
F/Deft Emigh, Recio, filed. Ordered to be entered. Juror
#10 excused - Juan Sevilla. (oa) [Entry date 10/08/98]
10/8/98 138 MOTION by Oliver Dean Emigh to exclude expert testimony ,
filed. (oa) [Entry date 10/08/98]
10/8/98 139 Written Summaries of Expert Testimony by USA as to Johnie
Wise, Jack Abbott Grebe Jr., Oliver Dean Emigh to , filed.
(oa) [Entry date 10/08/98]
10/8/98 -- Motion hearing as to Johnie Wise, Jack Abbott Grebe Jr.,
Oliver Dean Emigh re: Daubert Hearing set for 3:00
10/13/98 before Judge Hilda G. Tagle (Counsel ntfd. in
person.) (oa) [Entry date 10/08/98] [Edit date 10/08/98]
10/9/98 140 MOTION by Johnie Wise exparte for Service of Subpoenas ,
filed. (oa) [Entry date 10/13/98]
10/13/98 141 Motion hearing held as to Johnie Wise, Jack Abbott Grebe
Jr., Oliver Dean Emigh re: Daubert Hearing before Judge
Hilda G. Tagle Ct Reporter: Breck Record F/Govt Mervyn
Mosbacker AUSA F/Deft Wise, K Uhles, F/Deft Grebe, D Herink
F/Deft Emigh, Felix Recio AFPD, filed. Evidence presented:
testimony on Scott Decker. Oral Motion for 403 Hearing to
determine Prob. false testimony - carried along w/trial. (oa)
[Entry date 10/14/98] [Edit date 10/14/98]
10/13/98 -- ORAL ORDER as to Johnie Wise, Jack Abbott Grebe Jr.,
Oliver Dean Emigh denying [138-1] motion to exclude expert
testimony of Scott Decker as to Oliver Dean Emigh (3) (
Entered by Judge Hilda G. Tagle ) (oa) [Entry date 10/14/98]
10/13/98 142 NOTICE TO GOVERNMENT by Johnie Wise, filed. (oa)
[Entry date 10/14/98]
10/14/98 143 ORDER granting [140-1] motion exparte for Service of
Subpoenas as to Johnie Wise (1) ( Signed by Judge Hilda G.
Tagle ), entered. Parties ntfd. (oa) [Entry date 10/14/98]
10/14/98 -- SUBPOENA issued 5: Victor Cain, Sally Cantu, Mildred
Sanchez, A. G. Cuellar & Hap Fairhart as to Johnie Wise to
appear on 10/20/98 @ 1:30 P.M.. (oa) [Entry date 10/14/98]
10/15/98 144 TRANSCRIPT filed in case as to Johnie Wise, Jack Abbott
Grebe Jr., Oliver Dean Emigh for Strike R. Scott Decker's
Testimony as an Expert Hearing for dates of 10/13/98
before Judge Hilda G. Tagle , filed. ( Court Rptr: Breck C.
Record) (oa) [Entry date 10/15/98]
10/15/98 146 THIRD MOTION by Oliver Dean Emigh in limine , filed. (oa)
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1:98cr415-ALL USA v. Wise, et al PRIOR
[Entry date 10/15/98]
10/15/98 145 MOTION by Johnie Wise to exclude expert testimony or, in
the alternative, for continuance , filed. (oa)
[Entry date 10/16/98]
10/15/98 147 MOTION by Jack Abbott Grebe Jr. to Join [145-1] motion to
exclude expert testimony or, in the alternative, for
continuance , filed. (oa) [Entry date 10/16/98]
10/16/98 148 MOTION by USA as to Johnie Wise, Jack Abbott Grebe Jr.,
Oliver Dean Emigh in limine , filed. (oa)
[Entry date 10/16/98]
10/19/98 149 FIRST DAY Jury trial as to Johnie Wise, Jack Abbott Grebe
Jr., Oliver Dean Emigh held before Judge Hilda G. Tagle Ct
Reporter: Breck Record F/Govt Mervyn Mosbacker & Trey
Martinez AUSA F/Deft Wise, Uhles F/Deft Grebe, Hernick
F/Deft Emigh, Recio AFPD, filed. Jury trial begins. Jury
sworn. Opening statements. Govt's evidence presented. (oa)
[Entry date 10/20/98]
10/19/98 150 MOTION by Oliver Dean Emigh exparte for issuance of
Subpoena Duces Tecum , filed. (oa) [Entry date 10/20/98]
10/19/98 151 ORDER denying [150-1] motion exparte for issuance of
Subpoena Duces Tecum as to Oliver Dean Emigh (3) ( Signed
by Judge Hilda G. Tagle ), entered. Parties ntfd. (oa)
[Entry date 10/20/98]
10/19/98 152 Exhibit list by Johnie Wise , filed. (oa)
[Entry date 10/20/98]
10/19/98 153 Witness list by Johnie Wise , filed. (oa)
[Entry date 10/20/98]
10/19/98 154 Exhibit list by Johnie Wise , filed. (oa)
[Entry date 10/20/98]
10/19/98 155 Witness list by Jack Abbott Grebe Jr. , filed. (oa)
[Entry date 10/20/98]
10/19/98 156 Exhibit list by USA as to Johnie Wise, Jack Abbott Grebe
Jr., Oliver Dean Emigh , filed. (oa) [Entry date 10/20/98]
10/19/98 157 Witness list by USA as to Johnie Wise, Jack Abbott Grebe
Jr., Oliver Dean Emigh , filed. (oa) [Entry date 10/20/98]
10/19/98 158 Witness list by USA as to Johnie Wise, Jack Abbott Grebe
Jr., Oliver Dean Emigh , filed. (oa) [Entry date 10/20/98]
10/19/98 159 Witness list by Oliver Dean Emigh , filed. (oa)
[Entry date 10/20/98]
PACER Electronic Docket as of October 30, 1998 07:32:42 AM Page 23
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1:98cr415-ALL USA v. Wise, et al PRIOR
10/19/98 160 Exhibit list by Oliver Dean Emigh , filed. (oa)
[Entry date 10/20/98]
10/19/98 161 MOTION by Oliver Dean Emigh to suppress testimony by the
Govt's Informant, John L. Cain , filed. (oa)
[Entry date 10/20/98]
10/19/98 -- ORAL ORDER denying [161-1] motion to suppress testimony by
the Govt's Informant, John L. Cain as to Oliver Dean Emigh
(3) ( Entered by Judge Hilda G. Tagle ) (oa)
[Entry date 10/20/98]
10/20/98 162 Proposed Limiting Jury Instructions Regarding Free Speech
by Johnie Wise , filed. (oa) [Entry date 10/20/98]
10/20/98 163 ORDER granting [126-2] motion for Appointment of Mark Lacey
as an Expert , denying [109-1] motion to sever and for
separate trial , denying [108-1] motion to Exclude Evidence
for Intentional Failure to Comply with Rule 16 denying
[107-1] motion to Join [77-1] motion to dismiss Indictment
on first Amendment grounds , granting in part [44-1] motion
to Allow Counsel to Conduct Oral Voir Dire , granting [42-1]
motion to Join co-defts' motions , denying [41-1] motion to
suppress for reasons stated on the record at the motion
hearing held on 10/1/98, denying [40-1] motion to dismiss
Indictment , granting [39-1] motion for Daubert Hearing ,
denying [11-1] motion for Bill of Particulars as to Johnie
Wise (1) ( Signed by Judge Hilda G. Tagle ), entered.
Parties ntfd. (oa) [Entry date 10/21/98]
[Edit date 10/21/98]
10/20/98 164 ORDER denying [120-1] motion for Bill of Particulars ,
denying [85-1] motion to Join [77-1] motion to dismiss
Indictment first Amendment grounds , denying [76-2] motion
to dismiss counts 2 through 8 and/or motion select or
consolidate counts due to multiplicity , denying [75-1]
motion to sever and for separate trial , granting [54-1]
motion to Adopt Motion of Other Defendant, granting in part
[66-1] motion to allow his attorney to conduct the
examination of the prospective jurors, , denying in part
[50-1] motion in limine , granting in part, denying in part
[46-1] motion to produce an informant or witness as to Jack
Abbott Grebe (2) ( Signed by Judge Hilda G. Tagle ),
entered. Parties ntfd. (oa) [Entry date 10/21/98]
[Edit date 10/21/98]
PACER Electronic Docket as of October 30, 1998 07:32:42 AM Page 24
Proceedings include all events.
1:98cr415-ALL USA v. Wise, et al PRIOR
10/20/98 165 ORDER denying [119-1] motion in limine , denying [78-1]
motion for Bill of Particulars , denying [77-1] motion to
dismiss Indictment on first Amendment grounds , denying
[74-1] motion to dismiss counts 2 through 8 and/or motion
to select or consolidate counts due to multiplicity ,
granting [73-1] motion for discovery , granting [73-2]
motion for inspection of evidence denying [71-1] motion in
limine , denying [70-1] to sever , granting [69-1] for
discovery , granting [69-2] motion for inspection of
evidence , granting [68-1] motion for identification of
informant as to Oliver Dean Emigh (3) ( Signed by Judge
Hilda G. ), entered. Parties ntfd. (oa)
[Entry date 10/21/98]
10/20/98 166 2ND DAY Jury trial as to Johnie Wise, Jack Abbott Grebe
Jr., Oliver Dean Emigh held before Judge Hilda G. Tagle Ct
Reporter: Breck Record F/Govt Mervyn Mosbacker F/Deft
Wise, Uhles F/Deft Grebe, Herink F/Deft Emigh, Recio AFPD
, filed. Govt's evidence presented. (oa)
[Entry date 10/21/98]
10/21/98 167 Jury trial as to Johnie Wise, Jack Abbott Grebe Jr., Oliver
Dean Emigh held before Judge Hilda G. Tagle Ct Reporter:
Breck Record F/Govt Mervyn Mosbacker AUSA F/Deft Wise,
Keith Uhles F/Deft Grebe, Daniel Herink F/Deft Emigh,
Felix Recio AFPD, filed. Govt's and Deft's evidence
presented. (oa) [Entry date 10/22/98]
10/21/98 168 DISCLOSURE OF POSSIBLE IMPEACHMENT INFORMATION by USA as to
Johnie Wise, Jack Abbott Grebe Jr., Oliver Dean Emigh ,
filed. (oa) [Entry date 10/22/98]
10/22/98 169 Certified copy of Fifth Circuit Court of Appeals Per Curiam
as to Johnie Wise , filed. Circuit No. 98-41057 (oa)
[Entry date 10/22/98]
10/22/98 170 JUDGMENT OF USCA (certified copy) as to Johnie Wise on
9/25/98 Mandate Issued 10/19/98 [35-1] Interlocutory
appeal CCA No. 98-41057 affirming order , filed. (oa)
[Entry date 10/22/98]
10/22/98 -- Record on Appeal consisting of 1 Volume of the Record and 2
Volumes of the Transcript as to Johnie Wise returned from
U.S. Court of Appeals: [35-1] Interlocutory appeal CCA No.
98-41057 (oa) [Entry date 10/22/98]
10/22/98 171 4TH DAY Jury trial as to Johnie Wise, Jack Abbott Grebe
Jr., Oliver Dean Emigh held before Judge Hilda G. Tagle Ct
Reporter: Breck Record F/Govt Mervyn Mosbacker & Trey
Martinez AUSA F/Deft Wise, Keith Uhles F/Deft Grebe, Dan
Herink F/Deft Emigh, Felix Recio AFPD, filed. Govt's
Evidence presented. Jury trial cont. to 10/26/98 @ 9:00
A.M. (oa) [Entry date 10/22/98]
PACER Electronic Docket as of October 30, 1998 07:32:42 AM Page 25
Proceedings include all events.
1:98cr415-ALL USA v. Wise, et al PRIOR
10/22/98 -- Jury trial as to Johnie Wise, Jack Abbott Grebe Jr., Oliver
Dean Emigh continued to 9:00 10/26/98 before Judge Hilda
G. Tagle (oa) [Entry date 10/22/98]
10/22/98 172 Minute entry: the following motions are terminated as
agreed or moot: mooting [98-1] motion for Reciprocal
Discovery, mooting [43-1] motion for discovery of material
requested in first supplemental request for discovery ,
mooting [38-1] motion to require the Govt to open its file
), mooting [37-1] motion for Expedited Hearing on Pretrial
Motions as to Johnie Wise (1), mooting [25-1] motion for
discovery, mooting [23-1] motion for Expedited Hearing on
Pretrial Motions , mooting [13-1] motion for Notice of
intent to introduce evidence of other crimes, wrongs or of
the defendant , mooting [12-1] motion for Notice of Govt
intent to use evidence , mooting [10-1] motion to expedite
hearing on pre-trial motions , mooting [9-1] motion for Govt
to reveal agreements/concession/leniency/immunity to
Witnesses , mooting [8-1] motion for identification of
confidential witness , mooting [7-1] motion for Disclosure
pursuant to Rule 16, mooting [6-1] motion for inspection of
witness' prior statements for cross examination , mooting
[4-1] motion for discovery as to Johnie Wise (1), entered.
(John Trevino, Law Clerk) (oa) [Entry date 10/23/98]
[Edit date 10/23/98]
10/22/98 173 Minute entry : the following motions are terminated as
agreed or moot: mooting [94-1] motion for Reciprocal
Discovery , mooting [64-1] motion for Disclosure of
evidence mooting [63-1] motion to require disclosure of
identification of informant , mooting [62-1] motion for
list of witnesses , mooting [60-1] motion to produce
exculpatory and mitigating evidence , mooting [65-1] motion
for disclosure of impeaching information, mooting [59-1]
motion for identification of informant , mooting [59-2]
motion for Equal Access to Govt Informant/Witness for
interview, mooting [58-1] motion for discovery - extraneous
acts , mooting [56-1] motion to discover criminal records
of Govt witnesses , mooting [55-1] motion for Jencks Act
Material , mooting [53-1] motion to reveal any deals,
agreements and/or compensation between Govt and Witnesses ,
mooting [52-1] motion for separate hearing to determine
existence of conspiracy , mooting [48-1] motion to compel
disclosure of U. S. Attorney's Jury Selection Data ,
mooting [45-1] motion for early disclosure of Jencks Act
Material as to Jack Abbott Grebe (2) (John Trevino, Law
Clerk), entered. (oa) [Entry date 10/23/98]
10/26/98 174 Jury trial as to Johnie Wise, Jack Abbott Grebe Jr., Oliver
Dean Emigh held before Judge Hilda G. Tagle Ct Reporter:
Breck Record F/Govt Mervyn Mosbacker & Trey Martinez AUSA
F/Deft Wise, Keith Uhles F/Deft Grebe, Dan Herink f/Deft
Emigh, Felix Recio AFPD, filed. Govt's evidence presented.
(oa) [Entry date 10/27/98]
PACER Electronic Docket as of October 30, 1998 07:32:42 AM Page 26
Proceedings include all events.
1:98cr415-ALL USA v. Wise, et al PRIOR
10/26/98 175 Proposed Jury Instructions by USA as to Johnie Wise, Jack
Abbott Grebe Jr., Oliver Dean Emigh , filed. (oa)
[Entry date 10/27/98]
10/26/98 176 Trial Exhibit list by Johnie Wise , filed. (oa)
[Entry date 10/27/98]
10/27/98 177 6TH DAY Jury trial as to Johnie Wise, Jack Abbott Grebe
Jr., Oliver Dean Emigh held before Judge Hilda G. Tagle Ct
Reporter: Breck Record F/Govt M. Mosbacker & T. Martinez
AUSA F/Deft Wise, Keith Uhles F/Deft Grebe, Dan Herink
F/Deft Emigh, Felix Recio AFPD, filed. Govt's and Deft's
evidence presented. (oa) [Entry date 10/28/98]
10/27/98 178 Proposed Jury (Charge) Instructions by Johnie Wise ,
filed. (oa) [Entry date 10/28/98]
10/27/98 179 SUPPLEMENT by Johnie Wise to [178-1] proposed jury charge,
filed. (oa) [Entry date 10/28/98]
10/27/98 180 Proposed Specific Request for Jury Instructions by Oliver
Dean Emigh , filed. (oa) [Entry date 10/28/98]
10/28/98 181 Proposed Request for Jury Instructions concerning effect of
evidence spoliation by Jack Abbott Grebe Jr. , filed. (oa)
[Entry date 10/28/98]
10/28/98 182 SUPPLEMENT by Jack Abbott Grebe Jr. to [181-1] proposed
jury charge, filed. (oa) [Entry date 10/28/98]
10/28/98 183 MOTION by Jack Abbott Grebe Jr. to Join [179-1]
supplement, [178-1] proposed jury charge and request for
jury instruction concerning Govt's admission of evidence
spoliation , filed. (oa) [Entry date 10/28/98]
10/28/98 184 THEORY OF DEFENSE (STATEMENT) by Oliver Dean Emigh , filed.
(oa) [Entry date 10/28/98]
10/28/98 185 AGREED Jury instructions as to Johnie Wise, Jack Abbott
Grebe Jr., Oliver Dean Emigh by USA , filed. (oa)
[Entry date 10/28/98]
10/28/98 186 7TH DAY Jury trial as to Johnie Wise, Jack Abbott Grebe
Jr., Oliver Dean Emigh held before Judge Hilda G. Tagle Ct
Reporter: Breck Record F/Govt Mervyn Mosbacker & Trey
Martinez AUSA F/Deft Wise, Keith Uhles F/Deft Grebe, Dan
Herink F/Deft Emigh, Felix Recio AFPD, filed. Deft's
evidence presented. Evidence concluded. Court's Charage
to the jury. Jury deliberating. (oa) [Entry date 10/29/98]
PACER Electronic Docket as of October 30, 1998 07:32:42 AM Page 27
Proceedings include all events.
1:98cr415-ALL USA v. Wise, et al PRIOR
10/28/98 187 RESPONSE by USA as to Johnie Wise, Jack Abbott Grebe Jr.,
Oliver Dean Emigh re: [77-1] motion to dismiss Indictment
on first Amendment grounds, [76-2] motion to dismiss counts
2 through 8 and/or motion to select or consolidate counts
due to multiplicity, [74-1] motion to dismiss counts 2
through 8 and/or motion to select or consolidate counts due
to multiplicity, [51-1] motion to dismiss Indictment,
[40-1] motion to dismiss Indictment , filed. (oa)
[Entry date 10/29/98]
10/28/98 188 Jury notes #1 filed as to Johnie Wise, Jack Abbott Grebe
Jr., Oliver Dean Emigh (oa) [Entry date 10/29/98]
[END OF DOCKET: 1:98cr415-0]
PACER Electronic Docket as of October 30, 1998 08:05:57 AM Page 1
Proceedings include all events. MERGED APPEAL
1:98m 2816-ALLUSA v. Emigh, et al CLOSED
MERGED APPEAL
CLOSED
U.S. District Court
TXS - Southern District of Texas (Brownsville)
CRIMINAL DOCKET FOR CASE #: 98-M -2816-ALL
USA v. Emigh, et al Filed: 06/30/98
Dkt# in other court: None
Case Assigned to: Magistrate Judge John William Black
OLIVER DEAN EMIGH (1) Oliver Dean Emigh
defendant [term 07/20/98]
[term 07/21/98] In Custody
Felix Recio, IV
[term 07/20/98]
[COR LD NTC pda]
Federal Public Defender
P O Box 2163
Brownsville, TX 78522
210-548-2573
Federal Public Defender
[term 07/02/98]
[COR LD NTC pda]
PO Box 2163
Brownsville, TX 78522-2163
956-548-2573
Pending Counts:
NONE
Terminated Counts:
NONE
Complaints Disposition
Without lawful authority,
threaten and conspire to use a
weapon of mass destruction,
including any biological agent,
toxin, or vector. 18 USC
2332a
PACER Electronic Docket as of October 30, 1998 08:05:57 AM Page 2
Proceedings include all events. MERGED APPEAL
1:98m 2816-ALLUSA v. Emigh, et al CLOSED
========================
Case Assigned to: Magistrate Judge John William Black
JACK ABBOTT GREBE, JR. (2) Jack Abbott Grebe, Jr.
defendant [term 07/20/98]
[term 07/21/98] In Custody
Press SPACE for more, q to Quit, b to backup
Daniel D Herink
[term 07/20/98]
956-541-2170 fax
[COR LD NTC cja]
Rodriguez Colvin & Chaney
P O Box 2155
Brownsville, TX 78522
956-542-7441
Pending Counts:
NONE
Terminated Counts:
NONE
Complaints Disposition
Without lawful authority,
threaten and conspire to use a
weapon of mass destruction,
including any biological agent,
toxin, or vector. 18 USC
2332a
========================
PACER Electronic Docket as of October 30, 1998 08:05:57 AM Page 3
Proceedings include all events. MERGED APPEAL
1:98m 2816-ALLUSA v. Emigh, et al CLOSED
Case Assigned to: Magistrate Judge John William Black
JOHNIE WISE (3) Johnie Wise
defendant [term 07/20/98]
[term 07/21/98] In Custody
Keith N Uhles
[term 07/20/98]
210-542-4370
[COR LD NTC cja]
Royston Rayzor Vickery &
Williams
P O Box 3509
Brownsville, TX 78523-3509
210-542-4377
Pending Counts:
NONE
Terminated Counts:
NONE
Complaints Disposition
Without lawful authority,
threaten and conspire to use a
weapon of mass destruction,
including any biological agent,
toxin, or vector. 18 USC
2332a
U. S. Attorneys:
NONE
PACER Electronic Docket as of October 30, 1998 08:05:57 AM Page 4
Proceedings include all events. MERGED APPEAL
1:98m 2816-ALLUSA v. Emigh, et al CLOSED
6/30/98 -- COMPLAINT as to Oliver Dean Emigh, Jack Abbott Grebe Jr.,
Johnie Wise , filed. (maxg) [Entry date 07/15/98]
6/30/98 -- SEALED DOCUMENT (Affidavit) as to Oliver Dean Emigh, Jack
Abbott Grebe Jr., Johnie Wise , filed. (maxg)
[Entry date 07/15/98]
6/30/98 -- AFFIDAVIT for Arrest by USA as to Oliver Dean Emigh, Jack
Abbott Grebe Jr., Johnie Wise Re: , filed. (maxg)
[Entry date 07/15/98]
6/30/98 -- SEALED DOCUMENT(Affidavit) as to Oliver Dean Emigh, Jack
Abbott Grebe Jr., Johnie Wise , filed. (maxg)
[Entry date 07/15/98]
6/30/98 -- AFFIDAVIT For Arrest by USA as to Oliver Dean Emigh, Jack
Abbott Grebe Jr., Johnie Wise Re: , filed. (maxg)
[Entry date 07/15/98]
6/30/98 -- Arrest WARRANT issued as to Oliver Dean Emigh (maxg)
[Entry date 07/15/98]
6/30/98 -- Arrest WARRANT issued as to Jack Abbott Grebe Jr. (maxg)
[Entry date 07/15/98]
6/30/98 -- Arrest WARRANT issued as to Johnie Wise (maxg)
[Entry date 07/15/98]
7/1/98 -- Initial appearance as to Oliver Dean Emigh, Jack Abbott
Grebe Jr., Johnie Wise held before Magistrate Judge John
W. Black ; Detention Hearing set for 2:30 7/2/98 for
Oliver Dean Emigh, for Jack Abbott Grebe Jr., for Johnie
Wise Ct Reporter: Gabriel MEndieta, ERO (Defendant
informed of rights.) , filed. Deft Emigh requested court
appt'd counsel. Deft Grebe requested court appt'd counsel;
Deft 03 requested court appt'd counsel. Deft remanded to
custody U.S. Marshal. (maxg) [Entry date 07/15/98]
7/1/98 -- ORDER OF DETENTION Temporary as to Oliver Dean Emigh, Jack
Abbott Grebe Jr., Johnie Wise Detention Hearing set for
2:30 7/2/98 for Oliver Dean Emigh, for Jack Abbott Grebe
Jr., for Johnie Wise ( Signed by Magistrate Judge John W.
Black ), entered. (maxg) [Entry date 07/15/98]
7/1/98 -- ORDER Appointing Federal Public Defender for Oliver Dean
Emigh . Attorney Federal Public Defender added. (
Appointed by Magistrate Judge John W. Black ), entered.
(maxg) [Entry date 07/15/98]
7/1/98 -- CJA 20 as to Johnie Wise : Appointment of Attorney Keith N
Uhles Voucher # 0701043 ( Appointed by Magistrate Judge
John W. Black ) , entered. (maxg) [Entry date 07/15/98]
PACER Electronic Docket as of October 30, 1998 08:05:57 AM Page 5
Proceedings include all events. MERGED APPEAL
1:98m 2816-ALLUSA v. Emigh, et al CLOSED
7/1/98 -- CJA 20 as to Jack Abbott Grebe Jr.: Appointment of Attorney
Daniel D Herink Voucher # 0701074 ( Appointed by
Magistrate Judge John W. Black ) , entered. (maxg)
[Entry date 07/15/98]
7/2/98 -- Detention hearing as to Oliver Dean Emigh, Jack Abbott
Grebe Jr., Johnie Wise held before Magistrate Judge John
W. Black Ct Reporter: Gabriel Mendieta, ERO , filed.
App: Rick Lara AUSA; Felix REcio AFPD f/deft 01; Dan
Herink-appt-f/deft 02; Keith Uhles-appt-f/deft 03; Defts
appeared with respective counsel for detention hering.
Arguments of counsel held. Court makes findings from the
bench. Defts ordered held without bond pending trial. (maxg)
[Entry date 07/15/98]
7/2/98 -- ORDER OF DETENTION Pending Trial as to Oliver Dean Emigh (
Signed by Magistrate Judge John W. Black ), entered. (maxg)
[Entry date 07/15/98]
7/2/98 -- ORDER OF DETENTION Pending Trial as to Jack Abbott Grebe
Jr. ( Signed by Magistrate Judge John W. Black ), entered.
(maxg) [Entry date 07/15/98]
7/2/98 -- ORDER OF DETENTION Pending trial as to Johnie Wise ( Signed
by Magistrate Judge John W. Black ), entered. (maxg)
[Entry date 07/15/98]
7/7/98 -- MOTION by Johnie Wise to unseal documents , filed. (maxg)
[Entry date 07/15/98]
7/9/98 -- MOTION by Oliver Dean Emigh, Jack Abbott Grebe Jr., Johnie
Wise for Preliminary Hearing , filed. (maxg)
[Entry date 07/15/98]
7/9/98 -- ORDER granting [0-1] motion for Preliminary Hearing as to
Oliver Dean Emigh (1), Jack Abbott Grebe (2), Johnie (3)
set Preliminary hearing for 2:00 7/15/98 for Oliver Dean
Emigh, for Jack Abbott Grebe Jr., for Johnie Wise before
Magistrate Judge John W. Black ( Signed by Magistrate
Judge John W. Black ), entered. Parties ntfd. (maxg)
[Entry date 07/15/98]
7/9/98 -- Emergency MOTION by Jack Abbott Grebe Jr. to unseal
Affidavits and to Reduce Bond , filed. (maxg)
[Entry date 07/15/98]
7/9/98 -- Search WARRANT Returned Executed as to Oliver Dean Emigh on
7/1/98 , filed. (maxg) [Entry date 07/15/98]
7/9/98 -- Search Warrant Returned in case as to Jack Abbott Grebe Jr.
( Signed by Magistrate Judge John W. Black ), filed. (maxg)
[Entry date 07/15/98]
PACER Electronic Docket as of October 30, 1998 08:05:57 AM Page 6
Proceedings include all events. MERGED APPEAL
1:98m 2816-ALLUSA v. Emigh, et al CLOSED
7/9/98 -- Search Warrant Returned in case as to Johnie Wise ( Signed
by Magistrate Judge John W. Black ), filed. (maxg)
[Entry date 07/15/98]
7/9/98 -- MOTION by Johnie Wise for Disclosure of statements ,
filed. (maxg) [Entry date 07/15/98]
7/9/98 -- Motion(s) joined by Johnie Wise : Deft Jack Abbott Grebe, J
r.'s motion for Preliminary Hearing, filed. (maxg)
[Entry date 07/15/98]
7/13/98 -- ORDER granting [0-1] motion to unseal Affidavits as to Jack
Abbott (2) ( Signed by Magistrate Judge John W. Black ),
entered. Parties ntfd. (maxg) [Entry date 07/15/98]
7/14/98 -- MOTION by Johnie Wise to Reduce Bond , filed. (maxg)
[Entry date 07/15/98]
7/14/98 -- MOTION by Oliver Dean Emigh to Recondiser Bond , filed.
(maxg) [Entry date 07/17/98]
7/15/98 -- MOTION by USA as to Oliver Dean Emigh, Jack Abbott Grebe
Jr., Johnie Wise to quash Subpoena , filed. (maxg)
[Entry date 07/17/98]
7/15/98 -- Bond hearing as to Oliver Dean Emigh, Jack Abbott Grebe
Jr., Johnie Wise held before Magistrate Judge John W.
Black Ct Reporter: Irma Soto , filed. App: Mervyn
Mosbacher AUSA' Jeff Wilde- AFPD-f/deft Emigh; Dan
Herink-appt- f/deft Grebe; Keith Uhles-appt-f/deft Wise;
Defts appeared with respective counsel for a preliminary
hearing. Arguments of counsel held. Court finds that
probable cause exists. Court considers Defts' Motions for
Reconsideration of bonds. Arguments of counsel held.
Motions are denied and all defts are ordered held without
bond pending trial. Exhibit list filed. Motions to Quash
Subpoena is Granted. (maxg) [Entry date 07/17/98]
7/15/98 -- Exhibit list by Oliver Dean Emigh, Jack Abbott Grebe Jr.,
Johnie Wise ,filed. (maxg) [Entry date 07/17/98]
7/16/98 -- Arrest WARRANT Returned Executed as to Johnie Wise on
7/1/98 , filed. (maxg) [Entry date 07/17/98]
7/16/98 -- Arrest WARRANT Returned Executed as to Oliver Dean Emigh on
7/1/98 , filed. (maxg) [Entry date 07/17/98]
7/16/98 -- NOTICE OF INTERLOCUTORY APPEAL by Johnie Wise re [0-1]
Order Pending Trial 7/2/98 and Order Denying Motion to
Reduce Bond 7/15/98 , filed. (maxg) [Entry date 07/21/98]
[END OF DOCKET: 1:98m 2816-0]