Free Response to Motion - District Court of Colorado - Colorado

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

Document 222-3

Filed 01/31/2007

Page 1 of 2

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

Document 222-3

Filed 01/31/2007

Page 2 of 2 1388

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A Q

Tracy Howard - Cross That's true. Now, as of January 2nd, 2003, under our system of justice

and under our Constitution, my client was innocent until proven guilty, wasn't he? A Q Of a criminal charge, that's correct. Fair enough. Now, you had made a criminal charge against

him, hadn't you? A Yes. The police department had made a charge against him,

that's correct. Q And likewise, when James Turney shot Paul Childs he was

innocent of any crime in doing so unless and until he was prosecuted for murder or manslaughter, wasn't he? MR. WESOKY: THE COURT: Objection, your Honor. Sustained. This is a man within his supervision, If he is the decision Relevancy.

MR. BRENNAN: your Honor.

It's directly relevant.

maker, then any decisions made on his watch are fair game. THE COURT: This court has ruled. It is improper to

argue with the court, especially in the presence of the jury. The objection is sustained. If you have a next question, please propound it now. Thank you. MR. BRENNAN: to argue with you. Forgive me, your Honor. I did not mean

I was responding to the objection, and I

thought I would have an opportunity to do that.