Free Response to Motion - District Court of Colorado - Colorado

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

Document 222-5

Filed 01/31/2007

Page 1 of 2

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

Document 222-5

Filed 01/31/2007

Page 2 of 2 503

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 noise. that.

James Sestrich - Direct THE COURT: You know what I am looking for in terms of objections and responses is essentially authority, a Rule of Evidence, a decision by an appellate court that would either be binding on me or persuasive to me. What I do not want and what I have expressly prohibited in my Trial Preparation Conference Order in this case is speechification of an objection. what is securing here. Mr. Brennan, that's exactly

This is a remark; this was from an That's exactly the type of It's

extremely wealthy company, Safeway.

response that I am seeking to avoid because it's rhetoric.

not authority that would aid the court in better understanding the objection, the response, or the reply as it goes ultimately to the consideration of admission of this evidence. Now, both parties are guilty from time to time of doing I am going to enforce my order that prohibit counsel in

the presence of the jury to speechify an objection, and I want you to be warned and admonished. Very well. Thank you. Thank you.

MR. BRENNAN:

(End of discussion at bench.) THE COURT: Thank you, ladies and gentlemen.

Please excuse what we euphemistically describe as white If that's annoying, we can always provide you with the

other color we have, pink noise. As a result of business transacted outside your