Free Jury Trial - Held - District Court of Colorado - Colorado

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

Document 153

Filed 06/26/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn

Date: June 26, 2006 Ginny Kramer, Courtroom Deputy Suzanne Claar, Court Reporter Civil Case No. 04-cv-01067-REB-CBS Parties Counsel

WILLIAM R. CADORNA, Plaintiff(s), v. CITY and COUNTY OF DENVER,

Mark Brennan

Jack Wesoky Christopher Lujan

Defendant. ___________________________________________________________________________ _ COURTROOM MINUTES - JURY TRIAL DAY FIVE ___________________________________________________________________________ _

8:35 a.m.

Court in session.

Witness, Mr. William Cadorna, resumes the witness stand. Witness is reminded that he remains under oath. 8:35 a.m Cross examination of witness, Mr. William Cadorna, resumes.

Defendant offers Plaintiff' Exhibit 28. s No objections. Plaintiff' Exhibit 28 is admitted into evidence. s Defendant offers Defendant' Exhibit 145. s

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

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Plaintiff objects. Plaintiff' objection is overruled. s Defendant' Exhibit 145 is admitted into evidence. s Defendant offers Defendant' Exhibit 146. s Plaintiff objects. Reply by the Defendant. Plaintiff' objection is sustained. s Defendant' Exhibit 146 is not admitted into evidence at this time. s 9:25 a.m. Jury is excused.

Court and counsel discuss the Plaintiff' objections to Defendant' questions. s s Argument by the Plaintiff. Response by the Defendant. Reply by the Plaintiff. 9:30 a.m. 9:40 a.m. Court in recess. Court in session.

Jury is not present. Plaintiff' objections to the Defendant' last question asked is overruled for the reasons s s stated on the record. 9:44 a.m. Jury is present.

Cross examination of witness, Mr. William Cadorna, resumes. 10:25 a.m. 10:43 a.m Court in recess. Court in session.

Cross examination of witness, Mr. William Cadorna, resumes. 11:55 a.m. Jury is excused and shall reconvene at 1:15 p.m.

Jury is not present. 2

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Document 153

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Plaintiff makes oral motion that they be allowed to call Judge Criswell and Mr. Kellogg to testify. ORDERED: Plaintiff' Oral Motion to be Allowed to Call Judge Criswell and Mr. s Kellogg to Testify is DENIED for the reasons stated on the record. 12:02 p.m. 1:20 p.m. Court in recess and shall reconvene at 1:15 p.m. Court in session.

Cross examination of witness, Mr. William Cadorna, resumes. 1:50 p.m. Jury is excused.

The court and counsel discuss the plaintiff' objections to the defendant' questions. s s 1:55 p.m. 2:07 p.m. Court in recess. Court in session.

Jury is not present. The plaintiff' objections to defendant' questions is sustained. s s 2:10 p.m. 2:10 p.m. 2:25 p.m Jury is present. Cross examination of witness, Mr. William Cadorna, resumes. Redirect examination of witness.

Plaintiff offers Plaintiff' Exhibit 23. s Defendant objects. Reply by the Plaintiff. Defendant' objection is sustained. s Plaintiff' Exhibit 23 is not admitted into evidence at this time. s Plaintiff offers Plaintiff' Exhibit 72. s Defendant objects. 3:07 p.m. Jury is excused.

Jury is not present. 3

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

Document 153

Filed 06/26/2006

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Response by the Plaintiff as to the Defendant' objection to Plaintiff' Exhibit 72. s s 3:10 p.m. 3:35 p.m Court in recess. Court in session.

Jury is not present. Defendant' objection to Plaintiff' Exhibit 72 is sustained in part and overruled in part s s as stated on the record. Plaintiff requests to withdraw his proffer of Exhibit 72 without prejudice. Plaintiff' request to withdraw Exhibit 72 without prejudice is granted. s 3:44 p.m Jury is present.

Redirect examination of witness resumes. 3:51 p.m. Re-cross examination of witness.

Witness is excused. Plaintiff calls witness, Mr. David Schuetz. Witness is sworn. 3:56 p.m. Direct examination of witness, Mr. David Schuetz, by Mr. Brennan.

Plaintiff offers Plaintiff' Exhibit 2. s Defendant objects. Reply by the Plaintiff. Defendant' objection is sustained. s Plaintiff' Exhibit 2 is not admitted into evidence at this time. s Plaintiff renews his offer to Plaintiff' Exhibit 2 as redacted. s Defendant objects. Plaintiff' Exhibit 2 is not admitted into evidence at this time. s Plaintiff offers Plaintiff' Exhibit 150 for demonstrative purposes only. s Defendant objects. 4

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

Document 153

Filed 06/26/2006

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Defendant' objections is overruled. s Plaintiff' Exhibit 150 is admitted for demonstrative purposes only, but not s admitted into evidence. 4:34 p.m. Cross examination of witness, Mr. David Schuetz, by Mr. Lujan, for the Defendant. Redirect examination of witness.

4:49 p.m.

Witness is excused and released from subpoena. 4:56 p.m. Jury is excused and shall reconvene on June 27, 2006 at 8:30

5:00 p.m.

Court in recess and shall reconvene on June 27, 2006 at 8:15 a.m.

Total in court time: 6 hours and 2 minutes - Trial cont' d.

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