Free Response to Motion - District Court of Colorado - Colorado

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

Document 222-2

Filed 01/31/2007

Page 1 of 2

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

Document 222-2

Filed 01/31/2007

Page 2 of 2 873

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MR. WESOKY:

Perhaps I did say "coach" a witness during

a break in the proceedings. And that was about the tone I used, and I did preface it, with respect, Mark. Mr. Brennan said to me, and again this

is not a verbatim quote, but something to the effect that, I'm not coaching my witness. He said it in a loud voice, pointing a He said it in a loud voice, We walked our separate ways.

finger, get out of my F'ing face. got very close to me and pointed.

Prior to the bringing the jury back in, Mr. Brennan called me outside of the courtroom. I went. And he said words

to me, and again it's not a verbatim quote, something to the effect of, don't tell me about coaching witnesses, you are the master at it, you F'ing little weasel, and again pointed and got very close and emphasized the point. Mr. Brennan and I have been in proceedings for a number of years. I -- I am somewhat at a loss of what to do with this.

My understanding is the second comments to which I referred were loud enough to be heard inside the courtroom by spectators. I am not asking for sanctions. I want that to be

But I seek some perhaps guidance from the court or some

statement to the effect that such is improper and should not be done. I am sorry I have to bring this to the court, but it is something, as I said, I do not do lightly and without a lot of thought. I am sorry for having to bring it to your attention,