Free Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-01067-MSK-CBS

Document 222-6

Filed 01/31/2007

Page 1 of 3

Case 1:04-cv-01067-MSK-CBS

Document 222-6

Filed 01/31/2007

Page 2 of 3 847

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William Cadorna - Cross THE COURT: You are welcome. BY MR. WESOKY: Q From reading of that section, it's true, is it not, that

Judge Criswell is basing his determination on whether or not he could reinstate you fully as a firefighter based on a Colorado statute? A Q Yes. So he is relying on Colorado State law for his decision,

correct? A Yes. MR. BRENNAN: THE COURT: BY MR. WESOKY: Q From your understanding of this decision, did Judge Criswell It does call for a legal conclusion.

It does, and the objection is sustained.

base his decision concerning his ability of reinstatement on Colorado law? A Mr. Wesoky, I -MR. BRENNAN: Your Honor, he is asking what he He is asking the witness to

understood Judge -- forgive me.

speculate on the state of mind of John Criswell, which I would not dare do. THE COURT: This is the sauce rule, Mr. Wesoky. What

is good for the goose is good for the gander.

I continue to be

troubled by examination that requests or requires a layman, even a party to litigation, to comment on the decision-making or

Case 1:04-cv-01067-MSK-CBS

Document 222-6

Filed 01/31/2007

Page 3 of 3 848

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William Cadorna - Cross thought processes of a hearing officer or a legal opinion, which has been reduced to writing, admitted in evidence and by definition available for reading and review by the jury, and more appropriately, the subject of final argument. The objection is sustained. MR. WESOKY: THE COURT: MR. WESOKY: BY MR. WESOKY: Q Just so we are on the same page, I won't belabor this. Do I will move on, Judge. Thank you. Thank you.

you see in the -- Judge Criswell's decision where he later discusses the issue of disability retirement and his ability to reinstate you based on Colorado statute? A Is it the one that says because I am over 50 that I can't be

hired? Q I am talking about the paragraphs where I have placed the

red marks. A Q And your question, Mr. Wesoky. The question is, in that section or the opinion or order,

does Judge Criswell cite to Colorado statute, Colorado law, regarding his ability to reinstate you as a firefighter? A I don't know about law. MR. BRENNAN: THE COURT: We stipulate to that also.

Again, Mr. Wesoky, we are either asking

inappropriately improperly a lay person to construe a written