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Date: 08-03-2018

Case Style:

State of Missouri v. James Bommarito

Case Number: 1722-CR01053-01

Judge: Christopher McGraugh

Court: Circuit Court, City of St. Louis, Missouri

Plaintiff's Attorney: Matei Ruppert Stroescu

Defendant's Attorney: Scott Rosenblum, John A. Bouhasin and Thomas Mark Matthes

Description: St. Louis, MO - Jury Convicts Defendant of Felony Murder

The State of Missouri charged James Bommarito with unlawful use of a weapon and first-degree assault for his shooting at Anthony Bertoglio during an altercation outside a downtown St. Louis restaurant during the early morning hours of December 4, 2016.

Defendant claimed that he acted in self defense.


Charge:
Unlawful Use of Weapon - Exhibiting - 571.030-010Y201452.0


Docket Entries:

08/02/2018 Sentencing Hearing Scheduled
Scheduled For: 08/24/2018; 9:30 AM ; CHRISTOPHER EDWARD MCGRAUGH; City of St. Louis
Questions to Judge from Jury
QUESTION FROM JURORS.
Trial Minutes Filed
Now on the 2nd day of August 2018, cause called for a trial. Parties are ready. Formal Instruction Conference made on the record outside the presence of the Jury. Trial resumes. Defendant advised the Court that he wish to testify. Testimony of Defense witnesses continues and concluded. Defense moves for admission of Exhibits and publish to Jurors. Defense rest. Recess @ 11:00 a.m. MAI-CR 3d 300.04.2 read. Jurors admonished. Trial resumes. Outside the presence of the Jurors, Defense Motion for Judgment of Acquittal at the Close of State's Evidence heard and denied. Instructions read to Jurors. Closing Arguments made by State and Defense. Sheriff's sworn. The Jurors retire to deliberate at 12:38 p.m. At 3:37 p.m., the Jurors have (1) Question. Jurors (buzzed @ 4:16 p.m., for Verdict) returned to Open Court @ 4:25 p.m., and the Foreperson announces that a Verdict has been reached. The Verdicts of the Jury are read in open court. Defense requested Jurors be polled. Jurors are discharged. Court is adjourned. Defense is granted leave to file Motion for New Trial. Cause is set Sentencing on 8-24-18 @ 9:30 a.m. in Division 12. As to Count I, we the Jury find the Defendant, Not guilty. As to Count II, we the Jury find the Defendant Not guilty. As to Count III, we the Jury find the Defendant Guilty. APPROVED: Judge Christopher McGraugh 36301.
Jury Instructions Filed
JURY INSTRUCTIONS
Jury Reached Final Verdict
JURY VERDICTS.
Financial Documents Filed
JURY REPORT FILED.
Jury Trial Conducted
Scheduled For: 08/02/2018; 8:30 AM ; CHRISTOPHER EDWARD MCGRAUGH; City of St. Louis

08/01/2018 Jury Trial Scheduled
Associated Entries: 08/02/2018 - Jury Trial Conducted
Scheduled For: 08/02/2018; 8:30 AM ; CHRISTOPHER EDWARD MCGRAUGH; City of St. Louis
Hearing Continued/Rescheduled
Hearing Continued From: 08/01/2018; 9:00 AM Jury Trial
Trial Minutes Filed
Now on the 1st day of August 2018, cause called for a trial. Parties are ready. Testimony of State's witnesses continues but not concluded. State moves for admission of Exhibits and publish to Jurors. Recess @ 11:15 a.m. MAI-CR 3d 300.04.2 read. Jurors admonished. Trial resumes. State's witnesses continued but not concluded. Trial resumes. Recess @ 12:47 p.m. MAI-CR 3d 300.04.2 read. Jurors admonished. Trial resumes. Testimony of State's witnesses continued but not concluded. Recess @ 3:26 p.m. MAI-CR 3d 300.04.2 read. Jurors admonished. Trial resumes. Testimony of State's witnesses continued and concluded. State rest. Testimony of Defense witnesses began but not concluded. Recess @ 5:15 p.m. MAI-CR 3d 300.04.2 read. Jurors admonished. Trial resumes. Out of the presence of the Jurors, Defendant advised the Court of his wish not to testify. Informal Instruction Conference held. Court adjourned for the day and reconvene at 8:30 a.m., on the 2nd day of August 2018. APPROVED: Judge Christopher McGraugh 36301.

07/31/2018 Trial Minutes Filed
Now on the 31st day of July 2018, cause called for a trial. Parties are ready. Testimony of State's witnesses began but not concluded. State moves admission of State's Exhibits and publish to the Jury. Recess @ 11:31 a.m. MAI-CR 3d 300.02 read. Jury panel admonished. Trial resumes. Testimony of State's witnesses continued but concluded. Recess at 12:24 p.m. MAI-CR 3d 300.02 read. Jury panel admonished. Trial resumes. Testimony of State's witnesses continued. Recess at 3:02 p.m. MAI-CR 3d 300.02 read. Jury panel admonished. Trial resumes. Testimony of State's witnesses continued but not concluded. Recess at 4:44 p.m. MAI-CR 3d 300.02 read. Jury panel admonished. Court is adjourned and reconvene on the 1st day of August 2018. APPROVED: Judge Christopher McGraugh 36301.
Jury Trial Scheduled
Associated Entries: 08/01/2018 - Hearing Continued/Rescheduled
Scheduled For: 08/01/2018; 9:00 AM ; CHRISTOPHER EDWARD MCGRAUGH; City of St. Louis
Hearing Continued/Rescheduled
Continuance Reason - Request of Court
Hearing Continued From: 07/31/2018; 9:00 AM Jury Trial
Jury Trial Scheduled
Associated Entries: 07/31/2018 - Hearing Continued/Rescheduled
Scheduled For: 07/31/2018; 9:00 AM ; CHRISTOPHER EDWARD MCGRAUGH; City of St. Louis

07/30/2018 Trial Minutes Filed
Now on the 30th day of July 2018, cause called for a trial. State of Missouri by Assistant Circuit Attorney Matei R. Stroescu, #68423. Defendant in person and by Attorney Scott Rosenblum, #33390 and Co-Counsel Thomas M. Matthes, #67563. The Court orders court reporter Jacque Williams #870, to take notes and preserve the evidence. Defense Motion of Limine heard and submitted. Panel of 54 Venire Panel summoned and seated. Instruction MAI-CR3d 300.02 partially read to Venire Panel and completed. Venire Panel sworn. State's examination of Jury Panel on Voir Dire began but not concluded. Recess @ 12:03 p.m. Juror's admonished. Trial resumes. State's examination of Jury Panel on Voir Dire continues and concluded. Defense Voir Dire examination of Jury Panel commenced and concluded. Recess at 3:04 p.m. MAI-CR3d 300.02 read. Juror's admonished. Trial resumes. Strikes for Cause heard, granted in part and denied in part. Defendant waived Jury sentencing. Jury Panel of 12 and 2 Alternates selected and seated. Remaining Venire panel discharged for the day. Jurors sworn. MAI-CR 3d Instruction numbers #300.06, 302.01 and 302.02 read to the Jury. Opening Statements made by State and Defense. Recess at 4:48 p.m. MAI-CR3d 300.02 read. Jurors admonished. Court adjourned for the day to reconvene at 9:00 a.m., on the 31st of July 2018. APPROVED: Judge Christopher McGraugh 36301.
Hearing/Trial Cancelled
Scheduled For: 07/30/2018; 9:00 AM ; CHRISTOPHER EDWARD MCGRAUGH; City of St. Louis
Hearing Continued/Rescheduled
Hearing Continued From: 07/30/2018; 9:00 AM Trial Setting
Filing:
JURY PANEL LIST.
Note to Clerk eFiling
Filed By: THOMAS MARK MATTHES
Motion In Limine
Motions in Limine; Electronic Filing Certificate of Service.
Filed By: THOMAS MARK MATTHES
On Behalf Of: JAMES D BOMMARITO
Motion In Limine
Defendants Second Motion in Limine; Electronic Filing Certificate of Service.
Filed By: THOMAS MARK MATTHES
On Behalf Of: JAMES D BOMMARITO
Motion In Limine
Motion in Limine to Exclude Bullet and Related Evidence; Electronic Filing Certificate of Service.
Filed By: THOMAS MARK MATTHES

07/26/2018 Hearing Held
Scheduled For: 07/26/2018; 9:00 AM ; CHRISTOPHER EDWARD MCGRAUGH; City of St. Louis
Notice to Take Deposition
Notice of Deposition; Electronic Filing Certificate of Service.
Filed By: N SCOTT ROSENBLUM
On Behalf Of: JAMES D BOMMARITO
Motion to Endorse
Supplemental Endorsement; Electronic Filing Certificate of Service.
Filed By: MATEI RUPPERT STROESCU

07/24/2018 Certification Filed
CERTIFICATE OF DEPOSITION OF OFFICER JAMES YIM

07/20/2018 Motion to Compel
Motion to Compel the Attendance of Matthew Vianello for Deposition Testimony; Electronic Filing Certificate of Service.
Filed By: THOMAS MARK MATTHES
On Behalf Of: JAMES D BOMMARITO
Notice to Take Deposition
Notice of Deposition; Electronic Filing Certificate of Service.
Filed By: N SCOTT ROSENBLUM
On Behalf Of: JAMES D BOMMARITO
Motion to Endorse
Witness Endorsement; Electronic Filing Certificate of Service.
Filed By: N SCOTT ROSENBLUM

07/19/2018 Notice
Notice of Business Records Affidavit; Records Affidavit; Electronic Filing Certificate of Service.
Filed By: THOMAS MARK MATTHES
On Behalf Of: JAMES D BOMMARITO
Motion to Endorse
Witness Endorsement; Electronic Filing Certificate of Service.
Filed By: N SCOTT ROSENBLUM
On Behalf Of: JAMES D BOMMARITO

07/18/2018 Entry of Appearance Filed
Entry of Appearance Co-Counsel; Electronic Filing Certificate of Service.
Filed By: JEREMIAH WHEELER NIXON
Affidavit Filed
Notice of Business Records Affidavit; Electronic Filing Certificate of Service.
Filed By: MATEI RUPPERT STROESCU

07/17/2018 Notice to Take Deposition
Notice of Deposition; Electronic Filing Certificate of Service.
Filed By: N SCOTT ROSENBLUM
On Behalf Of: JAMES D BOMMARITO
Motion to Endorse
Supplemental Endorsement; Electronic Filing Certificate of Service.
Filed By: MATEI RUPPERT STROESCU

07/13/2018 Motion to Endorse
Supplemental Endorsement; Electronic Filing Certificate of Service.
Filed By: MATEI RUPPERT STROESCU

07/03/2018 Pre-trial Conference Scheduled
Associated Entries: 07/26/2018 - Hearing Held
Scheduled For: 07/26/2018; 9:00 AM ; CHRISTOPHER EDWARD MCGRAUGH; City of St. Louis
Order for Continuance
PRE TRIAL HEARING 7-26-18 @ 9:00 A.M., IN DIV 12. SO ORDERED: JUDGE CHRISTOPHER MCGRAUGH-36301.

06/01/2018 Filing:
CERTIFICATE OF DEPOSITION FOR ARTEZ HARDIN FILED.

05/24/2018 Motion to Endorse
Supplemental Endorsement; Electronic Filing Certificate of Service.
Filed By: MATEI RUPPERT STROESCU

05/22/2018 Answers to Disclosure Filed
Discovery letter; Electronic Filing Certificate of Service.
Filed By: MATEI RUPPERT STROESCU

05/07/2018 Certificate of Service
CERTIFICATE OF DEPOSITION: OF DEPOSITION OF DETECTIVE ERIC ARNOLD TAKEN ON APRIL 19, 2018

05/03/2018 Notice to Take Deposition
Notice of Deposition; Electronic Filing Certificate of Service.
Filed By: N SCOTT ROSENBLUM
On Behalf Of: JAMES D BOMMARITO

04/10/2018 Notice to Take Deposition
Notice of Deposition; Electronic Filing Certificate of Service.
Filed By: N SCOTT ROSENBLUM
On Behalf Of: JAMES D BOMMARITO

03/05/2018 Plea/Trial Setting Scheduled
Associated Entries: 07/30/2018 - Hearing/Trial Cancelled
Scheduled For: 07/30/2018; 9:00 AM ; CHRISTOPHER EDWARD MCGRAUGH; City of St. Louis
Transfer Filed
Division 12 (Judge Christopher McGraugh)
Order
ORDER PREASSIGNING CASE FOR TRIAL: The Court assigns this case to Division 12 (Judge Christopher McGraugh) for trial beginning July 30, 2018 at 9:00 a.m. See Order Attached. SO ORDERED: 29935 JUDGE REX BURLISON
Judge Assigned

03/02/2018 Hearing/Trial Cancelled
Scheduled For: 07/30/2018; 9:00 AM ; THOM C CLARK; City of St. Louis
Order
MOTION FOR CHANGE OF JUDGE. GRANTED AND SO ORDERED: JUDGE THOMAS C. CLARK II, 45996.
Judge Assigned

02/22/2018 Judge/Clerk - Note
The Motion for Change of Judge as well as the entry of appearance as Attorney for the Defendant by Attorney Joel Schwartz were filed in error.

02/20/2018 Standard Discovery Filed
Supplemental DISCOVERY LETTER; Electronic Filing Certificate of Service.
Filed By: MATEI RUPPERT STROESCU

02/08/2018 Memorandum Filed
Memorandum; Electronic Filing Certificate of Service.
Filed By: JOEL J SCHWARTZ

02/07/2018 Motion for Change of Judge
Motion for Change of Judge; Electronic Filing Certificate of Service.
Filed By: THOMAS MARK MATTHES
On Behalf Of: JAMES D BOMMARITO
Entry of Appearance Filed
Entry of Appearance; Electronic Filing Certificate of Service.
Filed By: THOMAS MARK MATTHES
Motion for Change of Judge
Motion for Change of Judge; Electronic Filing Certificate of Service.
Filed By: THOMAS MARK MATTHES
On Behalf Of: JAMES D BOMMARITO
Entry of Appearance Filed
Entry of Appearance; Electronic Filing Certificate of Service.
Filed By: JOEL J SCHWARTZ

01/29/2018 Plea/Trial Setting Scheduled
Associated Entries: 03/02/2018 - Hearing/Trial Cancelled
Scheduled For: 07/30/2018; 9:00 AM ; THOM C CLARK; City of St. Louis
Transfer Filed
Division 7 (Judge Thomas Clark II)
Order
ORDER PREASSIGNING CASE FOR TRIAL: The Court assigns this case to Division 7 (Judge Thomas Clark II) for trial beginning July 30, 2018 at 9:00 a.m. See Order Attached. SO ORDERED: 29935 JUDGE REX BURLISON
Judge Assigned

01/26/2018 Order
PRE-ASSIGNMENT ORDER: Parties stipulate cause is ready for trial. Cause set for jury/non-jury trial on 7-30-18 at 9 a.m. Anticipated length of trial is: 4 days. See Order Attached. SO ORDERED: 29935 JUDGE REX BURLISON
Trial Setting Scheduled
Associated Entries: 07/30/2018 - Hearing Continued/Rescheduled
Scheduled For: 07/30/2018; 9:00 AM ; REX M BURLISON; Carnahan Courthouse
Hearing Continued/Rescheduled
Continuance Requestor - Joint; Continuance Reason - Other
Hearing Continued From: 02/13/2018; 9:00 AM Trial Setting

01/25/2018 Motion to Withdraw
WITHDRAWAL OF COUNSEL FOR THE PLANTIFF STATE OF MISSOURI; Electronic Filing Certificate of Service.
Filed By: MATEI RUPPERT STROESCU

01/02/2018 Trial Setting Scheduled
Associated Entries: 01/26/2018 - Hearing Continued/Rescheduled
Scheduled For: 02/13/2018; 9:00 AM ; REX M BURLISON; Carnahan Courthouse
Hearing Continued/Rescheduled
Continuance Requestor - Defendant/Respondent; Continuance Reason - Discovery Incomplete
Hearing Continued From: 01/02/2018; 9:00 AM Trial Setting

10/23/2017 Trial Setting Scheduled
Associated Entries: 01/02/2018 - Hearing Continued/Rescheduled
Scheduled For: 01/02/2018; 9:00 AM ; REX M BURLISON; Carnahan Courthouse
Hearing Continued/Rescheduled
Continuance Requestor - Joint; Continuance Reason - Other
Hearing Continued From: 10/23/2017; 9:00 AM Trial Setting

10/04/2017 Supplemental Filing
Supplemental Discovery Letter; Electronic Filing Certificate of Service.
Filed By: MATEI RUPPERT STROESCU

10/03/2017 Filing:
CEERTIFICATE OF DEPOSITION

09/13/2017 Supplemental Filing
Supplemental Discovery Letter; Electronic Filing Certificate of Service.
Filed By: MATEI RUPPERT STROESCU

09/05/2017 Trial Setting Scheduled
Associated Entries: 10/23/2017 - Hearing Continued/Rescheduled
Scheduled For: 10/23/2017; 9:00 AM ; MICHAEL FRANCIS STELZER; Carnahan Courthouse
Hearing Continued/Rescheduled
Continuance Requestor - Defendant/Respondent; Continuance Reason - Discovery Incomplete
Hearing Continued From: 09/05/2017; 9:00 AM Trial Setting

09/01/2017 Notice to Take Deposition
Notice of Deposition; Electronic Filing Certificate of Service.
Filed By: N SCOTT ROSENBLUM
On Behalf Of: JAMES D BOMMARITO

08/29/2017 Filing:
CERTIFICATE OF DEPOSITION - ANTHONY BERTOGLIO

08/16/2017 Order
ON THE COURT'S OWN MOTION, PURSUANT TO MO.R.CT. 25.12 (A) AND 56.01 (C), TO PROMOTE THE CONVENIENCE OF PARTIES AND WITNESSES AND TO AVOID DUPLICATIVE DISCOVERY, DEPOSITIONS IN THE ABOVE CASES SHALL BE TAKEN ONLY UPON NOTICE TO ALL PARTIES TO THE ABOVE CASES, AND ANY PARTY MAY ATTEND AND PARTICIPATE IN ANY DEPOSITION NOTICED BY ANY PARTY IN EITHER CASE. USE OF DEPOSITIONS TO BE GOVERNED BY RULE 25 AND 57. SO ORDERED: JUDGE MICHAEL STELZER AND JUDGE ROBERT DIERKER

08/10/2017 Motion for Sub of Counsel
States Substitution of Cousnel; Electronic Filing Certificate of Service.
Filed By: EDMUND JOSEPH POSTAWKO

07/31/2017 Notice to Take Deposition
Notice of Deposition; Electronic Filing Certificate of Service.
Filed By: N SCOTT ROSENBLUM
On Behalf Of: JAMES D BOMMARITO

07/17/2017 Trial Setting Scheduled
Associated Entries: 09/05/2017 - Hearing Continued/Rescheduled
Scheduled For: 09/05/2017; 9:00 AM ; MICHAEL FRANCIS STELZER; Carnahan Courthouse
Hearing Continued/Rescheduled
Continuance Requestor - Court; Continuance Reason - First Appearance of case in Division 16.
Hearing Continued From: 07/17/2017; 9:00 AM Trial Setting

06/29/2017 Order
THE COURT ORDERS THE CONDITIONS OF BOND SHALL REMAIN THE SAME. SO ORDERED: JUDGE MICHAEL STELZER #40716

06/22/2017 Notice of Hearing Filed
Notice of Hearing; Electronic Filing Certificate of Service.
Filed By: N SCOTT ROSENBLUM
Motion for Bond Reduction
Motion to Reduce Bond; Electronic Filing Certificate of Service.
Filed By: N SCOTT ROSENBLUM
On Behalf Of: JAMES D BOMMARITO
Response Filed
States Response to Defendants Request for Disclosure
Filed By: EDMUND JOSEPH POSTAWKO
Standard Discovery Filed
Discovery Letter; Electronic Filing Certificate of Service.
Filed By: EDMUND JOSEPH POSTAWKO

06/12/2017 Motion for Discovery
states request for discovery; Electronic Filing Certificate of Service.
Filed By: STEVEN JOSEPH CAPIZZI

06/09/2017 Arraignment Held
Scheduled For: 06/09/2017; 9:01 AM ; TIMOTHY JAMES BOYER; Carnahan Courthouse
Trial Setting Scheduled
Associated Entries: 07/17/2017 - Hearing Continued/Rescheduled
Scheduled For: 07/17/2017; 9:00 AM ; MICHAEL FRANCIS STELZER; Carnahan Courthouse
Transfer Filed
TO DIVISION 16
Order
CAUSE TRANSFERRED TO DIVISION 16 FOR FURTHER PROCEEDINGS. SO ORDERED JUDGE TIM BOYER 55074
Filed By: TIMOTHY JAMES BOYER
Judge Assigned

05/25/2017 Hearing Scheduled
Associated Entries: 06/09/2017 - Arraignment Held
Scheduled For: 06/09/2017; 9:01 AM ; TIMOTHY JAMES BOYER; Carnahan Courthouse
Bond Set
BOND SET AT $50,000 CASH ONLY BY JUDGE ROBERT H DIERKER- DEFT ON BOND WARRANT SATISFIED
Public Grand Jury Indict filed
Judge Assigned
Judge Assigned

Outcome: Defendant was found guilty of unlawful use of a weapon and innocent on other charges.

Plaintiff's Experts:

Defendant's Experts:

Comments:



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