Free Motion in Limine - District Court of Colorado - Colorado

Case 1:04-cv-01126-MJW-PAC

Document 55

Filed 11/23/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-MW-1126 (PAC) BRIAN HILDENBRANDT, Plaintiff. v. THE CITY OF COLORADO SPRINGS, A Colorado Municipal Corporation, Defendant. IN LIMINE MOTION TO ALLOW JURY TO VISIT SCENE, OR IN THE ALTERNATIVE, TO VIEW DEMONSTRATIVE VIDEO TAPE OF SCENE Comes now the Plaintiff, Brian Hildenbrandt, by and through his attorney, Geoff Heim, of Moran & Heim, P.C., and moves this court to permit the jury to visit the scene of the secured zone surrounding the Broadmoor Hotel during the international conference of the defense ministers on October 8, 2003. As grounds therefore, Plaintiff states: 1. In order to fully understand the magnitude and scope of the secured area, the jury must be afforded the opportunity to inspect the area. 2. Knowledge of the scene will assist the trier of fact in determining material issues in the instant case under Federal Rules of Evidence, 401 and 402. 3. In the alternative, if the Court finds that a visit to the Broadmoor Hotel could be excluded as a "waste of time" under Federal Rule of Civil Procedure, Rule 403, Plaintiff asks that a video tape of that area be admitted. WHEREFORE, Plaintiff prays this Court grant this motion. Dated this 23rd day of November, 2005. MORAN & HEIM, P.C. /s/ Geoff Heim _________ Geoff Heim, #26092 Attorneys for Plaintiff 220 East Costilla Avenue Colorado Springs, CO 80903 Phone: 719-636-9250 Fax: 719-389-0889

C:\Documents and Settings\LMII\My Documents\CRIMINAL\hildebrandlimine2.doc

Case 1:04-cv-01126-MJW-PAC

Document 55

Filed 11/23/2005

Page 2 of 2

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that November 23, 2005, I electronically filed the foregoing In Limine Motion to Allow Jury to Visit Scene, or in the Alternative, to View Demonstrative Video Tape of Scene to the Clerk of Court for filing and uploading to the CM/EF system which will send notification of such filing to the following e mail address: [email protected] [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand-delivery, etc.)

/s/ Therese Smith________ Therese Smith

C:\Documents and Settings\LMII\My Documents\CRIMINAL\hildebrandlimine2.doc