Free Certificate - District Court of Colorado - Colorado

Case 1:04-cv-01150-LTB-BNB

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Filed 07/14/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT COURT OF COLORADO Civil Action No. 04-B-1150 (BWB)
BARBARA WALDRON; RICHARD SARRO; and ELIZABETH BROOKHART, Plaintiffs

v.
JAMES DRURY, individually and in his official capacity as former Sheriff of the County of Alamosa; CHARLES J. KALBACHER, individually, and in his capacity as former Deputy District Attorney for the 12th Judicial District; DISTRICT ATTORNEY, 12th JUDICIAL DISTRICT, STATE OF COLORADO; ALAMOSA COUNTY SHERIFF'S DEPARTMENT, a political subdivision of the State of Colorado; ALAMOSA COUNTY, a body corporate and politic; and ALAMOSA COUNTY BOARD OF COMMISSIONERS, a political subdivision of the State of Colorado, Defendants __________________________________________________________________________________

PLAINTIFFS' F.R.C.P. RULE 26 SECOND SUPPLEMENTAL DISCLOSURES
__________________________________________________________________________________

COMES NOW the Plaintiffs, by and through their attorney, Scott Armitage, and pursuant to F.R.C.P. Rule 26 (a) (1), hereby submits the following Supplemental Disclosures: I. DISCLOSURES A.) INDIVIDUALS

The following individuals will likely have discoverable information relative to disputed facts: 28. Dave Ziegler, 3155 E. 104th Avenue, Unit 5-D, Thornton, Colorado 80233. Mr. Ziegler was formerly employed as a Deputy Sheriff with the Alamosa County Sheriff's Office, and was in attendance at the scene of Ms. Van Der Veen's death in April of 1984. Mr. Ziegler will testify that he initially was directed to remain in front of George Cottrell's house to maintain security. Soon thereafter Ziegler went into the house, whereby he observed Sheriff Drury working in the bedroom where the decedent was
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Case 1:04-cv-01150-LTB-BNB

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Filed 07/14/2005

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found, and observed Undersheriff Davidson interviewing George Cottrell. Mr. Ziegler recalls statements made by Delmar Davidson and Charles Kalbacher to the effect that George Cottrell was a suspect, and that Cottrell was not being truthful. Deputy Ziegler will also testify consistent with all reports he prepared in his duties regarding this death. Mr. Ziegler will also testify about his observations of all parties present, and any conversations he had with any of those parties, including Charles Kalbacher. Mr. Ziegler may also testify regarding his work experience with Deputy Francisco Lopez was competent in his law enforcement duties. Plaintiffs reserve the right to call additional witnesses so long as properly disclosed.

By: /s Scott Armitage Scott Armitage, #24457 SCOTT ARMITAGE, P.C. Attorney for Plaintiff 8704 Yates Drive, Suite 210 Westminster, CO 80031 Telephone: 303.427.4664 FAX: 303.412.7644 E-mail: [email protected]

CERTIFICATE OF SERVICE I hereby certify that on this 14th day of July, 2005, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: : David R. Brougham, Esq. Hall & Evans, LLC 1125 Seventeenth Street, Suite 600 Denver, CO 80202 [email protected] Randall J. Paulsen, #10643 Paulsen & Wanebo, LLC 8704 Yates Drive, Suite 100 Westminster, CO 80031 [email protected] Josh A. Marks, Esq. Berg Hill Greenleaf & Ruscitti, LLP 1712 Pearl Street Boulder, CO 803020 [email protected]

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By: /s Scott Armitage Scott Armitage, #24457 SCOTT ARMITAGE, P.C. Attorney for Plaintiff 8704 Yates Drive, Suite 210 Westminster, CO 80031 Telephone: 303.427.4664 FAX: 303.412.7644 E-mail: [email protected]

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