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Supreme Court of the United States No. 18-1059 IN THE Supreme Court of the United States BRIDGET ANNE KELLY, Petitioner, v. UNITED STATES, Respondent. On Writ of Certiorari To The United States Court of Appeals For The Third Circuit JOINT APPENDIX (VOLUME II OF II) (Pages 511–1017) Jeffrey B. Wall Yaakov M. Roth Counsel of Record Counsel of Record ACTING SOLICITOR GENERAL JONES DAY U.S. DEPARTMENT OF JUSTICE 51 Louisiana Ave., NW 950 Pennsylvania Avenue, NW Washington, DC 20001 Washington, DC 20530 (202) 879-3939 (202) 514-2217 [email protected] [email protected] Counsel for Petitioner Counsel for Respondent United States (Additional counsel listed on inside cover) PETITION FOR CERTIORARI FILED FEBRUARY 12, 2019 CERTIORARI GRANTED JUNE 28, 2019 Michael A. Levy Counsel of Record SIDLEY AUSTIN LLP 787 Seventh Avenue New York, NY 10019 (212) 839-7341 [email protected] Counsel for Respondent William Baroni (continued from front cover) i TABLE OF CONTENTS Page VOLUME I Docket Entries, United States of America v. Bridget Kelly, No. 17-1818 (3d Cir.) .............................................. 1 Docket Entries, United States of America v. William Baroni, Jr., No. 17-1817 (3d Cir.) .............................................. 8 Docket Entries, United States of America v. William Baroni, Jr., et al., No. 2:15-cr-00193 (D.N.J.) ................................... 13 Materials from District Court Proceedings No. 2:15-cr-00193 (D.N.J.) Indictment (Dkt. # 1) (04/23/2015) .......................................... 20 Excerpts of Memorandum in Support of the United States of America’s Motions In Limine (Dkt. # 149) (08/09/2016) ...................................... 61 Excerpts of Trial Transcript (Dkt. # 190) (09/19/2016) ...................................... 66 Excerpts of Trial Transcript (Dkt. # 191) (09/20/2016) ...................................... 69 Excerpts of Trial Transcript (Dkt. # 192) (09/21/2016) .................................... 120 ii TABLE OF CONTENTS (continued) Page Excerpts of Trial Transcript (Dkt. # 193) (09/22/2016) .................................... 178 Excerpts of Trial Transcript (Dkt. # 194) (09/23/2016) .................................... 232 Excerpts of Trial Transcript (Dkt. # 202) (09/26/2016) .................................... 239 Excerpts of Trial Transcript (Dkt. # 203) (09/27/2016) .................................... 331 Excerpts of Trial Transcript (Dkt. # 204) (09/28/2016) .................................... 427 Excerpts of Trial Transcript (Dkt. # 223) (10/05/2016) .................................... 443 Excerpts of Trial Transcript (Dkt. # 224) (10/06/2016) .................................... 469 VOLUME II Excerpts of Trial Transcript (Dkt. # 228) (10/11/2016) .................................... 511 Excerpts of Trial Transcript (Dkt. # 240) (10/17/2016) .................................... 547 Excerpts of Trial Transcript (Dkt. # 241) (10/18/2016) .................................... 606 Excerpts of Trial Transcript (Dkt. # 242) (10/19/2016) .................................... 693 Excerpts of Trial Transcript (Dkt. # 243) (10/20/2016) .................................... 719 iii TABLE OF CONTENTS (continued) Page Excerpts of Trial Transcript (Dkt. # 244) (10/21/2016) .................................... 728 Excerpts of Trial Transcript (Dkt. # 250) (10/24/2016) .................................... 749 Excerpts of Trial Transcript (Dkt. # 251) (10/25/2016) .................................... 766 Excerpts of Trial Transcript (Dkt. # 266) (10/26/2016) .................................... 810 Excerpts of Final Jury Instructions (Dkt. # 266) (10/26/2016) .................................... 867 Excerpts of Trial Transcript (Dkt. # 267) (10/28/2016) .................................... 881 Excerpts of Trial Transcript (Dkt. # 290) (10/31/2016) .................................... 892 Excerpts of Trial Transcript (Dkt. # 291) (11/01/2016) .................................... 901 Jury Question 4 with Court Response (Dkt. # 259) (11/01/2016) .................................... 905 Excerpts of Trial Transcript (Dkt. # 340) (03/29/2017) .................................... 906 Government Exhibit 145: Email from David Wildstein to Bridget Anne Kelly, dated 08/13/2013, with email chain ................................................. 917 iv TABLE OF CONTENTS (continued) Page Government Exhibit 274: Email from David Wildstein to Bill Baroni, dated 09/09/2013, with email chain ................................................. 918 Government Exhibit 279: Email from Bridget Anne Kelly to David Wildstein, dated 09/09/2013, with email chain ................................................. 919 Government Exhibit 293: Email from Matt Mowers to Bridget Anne Kelly, dated 09/09/2013, with email chain ................................................. 921 Government Exhibit 368: Email from David Wildstein to Bill Stepien and Bridget Kelly dated 09/12/2013, with attachment ............................. 922 Government Exhibit 376: Email from David Wildstein to Bridget Kelly and Michael Drewniak, dated 09/12/2013 ................................................ 928 Government Exhibit 469: Email from David Wildstein to Bridget Anne Kelly, dated 09/13/2013, with email chain ................................................. 929 Government Exhibit 565: Email from Christina Genovese Renna to CMGenovese, dated 12/13/2013 ..................... 930 v TABLE OF CONTENTS (continued) Page Government Exhibit 1068: Email from Jose Rivera to Peter Zipf and David Wildstein, dated 08/29/2013, with email chain and attachment ...................... 932 Government Exhibit 1080: Email from Raheel Shabih to Jose Rivera, Rizwan Baig, Michael Diculescu, Armando Lepore, CC: Jennifer Bates and others, dated 09/06/2013, with email chain ................... 940 Government Exhibit 1084: Email from David Wildstein to Bill Baroni, dated 09/08/2013 ............................ 950 Government Exhibit 1091: Email from Tina Lado to Bill Baroni and David Wildstein, CC: Cedrick Fulton, dated 09/09/2013 ................................................ 951 Government Exhibit 1102: Email from Tina Lado to Bill Baroni, dated 09/10/2013 ................................................ 952 Government Exhibit 1112: Email from Mayor Sokolich to Bill Baroni, dated 09/12/2013 ............................ 954 Government Exhibit 1131R: Email from Patrick Foye to Cedrick Fulton and Robert Durando, CC: Bill Baroni, Jo- seph Dunne, Louis Koumutsos, Peter Zipf, David Samson, Scott Rechler, and Darrell Buchbinder, dated 09/13/2013 ........................... 957 vi TABLE OF CONTENTS (continued) Page Government Exhibit 1136R: Email from Patrick Foye to Bill Baroni, CC: Lisa MacSpadden, David Samson, and Scott Rechler, dated 09/13/2013, with email chain ................................................. 960 Government Exhibit 1142: Email from Bill Baroni to Steve Coleman and Patrick Foye, CC: John Ma, David Wildstein, and Lisa MacSpadden, dated 09/13/2013, with email chain ............................. 965 Government Exhibit 1205: Email from Allison DeCerreno to John Ma, dated 12/06/2013, with attachment ................... 967 Government Exhibit 1209: George Washington Bridge, Background Information, Legislative District Information, 11/25/2013 (excerpts) .................... 970 Government Exhibit 1242: Chart of GWBU Total vehicles .......................... 980 Government Exhibit 1245: 09/09/2013–09/13/2013 Hourly Earnings for Additional Toll Collections Chart ................ 981 Government Exhibit 2058: Letter from Bill Baroni to Mark Sokolich, dated 08/01/2013 ................................................ 982 Government Exhibit 3013: Email from Evan Ridley to Bridget Kelly, dated 09/09/2013, with email chain ................... 985 vii TABLE OF CONTENTS (continued) Page Government Exhibit 5003-BB-04a: Baroni Text Messages, dated 09/01/2013 .......... 986 Government Exhibit 5003-BK-01a: Kelly Text Messages, dated 08/19/2013 ............ 987 Government Exhibit 5003-BK-03a: Kelly Text Messages, dated 09/10/2013 ............ 990 Government Exhibit 5008: Text exchanges between Mark Sokolich and William Baroni, dated 09/10/2013, 09/12/2013, and 09/17/2013 ................................ 991 Government Exhibit 7004T: Transcript of Voicemail, 09/09/2013 .................. 993 Government Exhibit 7006T: Transcript of Voicemail, 09/10/2013 .................. 994 Government Exhibit 7028: Photo, Birds Eye — 3 Lanes .............................. 995 Government Exhibit 7047: Photo, One Lane ................................................. 996 Government Exhibit 7054: Photo of GWB Toll Plaza .................................... 997 Government Exhibit 7057: GWB Map ........................................................... 998 Government Exhibit 7076: Review of Bridget Anne Kelly Yahoo Account .................................................... 999 viii TABLE OF CONTENTS (continued) Page Defendant’s Trial Exhibit K-1001: Letter to Director Baroni from Mayor Sokolich, dated 11/09/2010 ................... 1000 Materials from Circuit Court Proceedings No. 17-1817 (3d Cir.) Letter to Third Circuit from Mark E. Coyne (05/02/2018) ...................................................... 1007 511 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CRIMINAL ACTION 2:15-cr-193-SDW UNITED STATES OF : TRANSCRIPT OF AMERICA, : PROCEEDINGS : -vs- : T R I A L : WILLIAM E. BARONI JR., : Pages 1 – 224 and BRIDGET ANNE : KELLY, : Defendants. : -----------------------------------------
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