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

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

Document 150

Filed 06/21/2006

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

Date: June 21, 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 THREE ___________________________________________________________________________ _

8:35 a.m.

Court in session.

Jury is present. The plaintiff and a representative for the City and County of Denver are present in court. Witness, Asst. Chief Steven Garrod, is reminded that he remains under oath. 8:36 a.m. 8:44 a.m. Direct examination of witness, Asst. Chief Steven Garrod, resumes. Jury is excused.

Jury is not present. Statements to counsel by the Court. 1

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

Document 150

Filed 06/21/2006

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Plaintiff offers Plaintiff' Exhibits 34, 35, 36, 37, 39 and 40. s No objections. Plaintiff' Exhibits 34, 35, 36, 37, 39, and 40 are admitted into evidence. s 8:58 a.m. Jury is present.

Direct examination of witness resumes. 9:08 a.m. Cross examination of witness, Asst. Chief Steven Garrod, by Mr. Lujan, for the Defendant. Redirect examination of witness.

9:42 a.m.

Witness is excused and released from subpoena. Plaintiff calls witness, Asst. Chief James Stestrich. Witness is sworn. 9: 58 a.m. Direct examination of witness, Asst. Chief James Stestrich, by Mr. Brennan.

Defendant objects to the form of questioning by Mr. Brennan. 10:05 a.m. Jury is excused.

The Court and counsel discuss the Defendant' objection to questioning by Mr. s Brennan. Defendant' objection is sustained. s 10:12 a.m. 10:30 a.m. Court in recess. Court in session.

Direct examination of witness, Asst. Chief James Stestrich, resumes. 10:49 a.m. Cross examination of witness, Asst. Chief James Stestrich, by Mr. Wesoky. Redirect examination of witness.

11:04 a.m.

Witness is excused. 2

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

Document 150

Filed 06/21/2006

Page 3 of 4

Plaintiff calls witness, Asst. Chief Joe Hart. Witness is sworn. 11:21 a.m. 12:00 noon 1:18 p.m. 1:18 p.m. Direct examination of witness, Asst. Chief Joe Hart, by Mr. Brennan. Court in recess and shall reconvene at 1:15 p.m. Court in session. Direct examination of witness, Asst. Chief Joe Hart, resumes.

Plaintiff offers Plaintiff' Exhibit 17. s Objection by the Defendant. Defendant' objection is overruled. s Plaintiff' Exhibit 17 is admitted into evidence. s 2:28 p.m. Jury is excused.

Statement to counsel by the court. 2:31 p.m. 2:49 p.m Court in recess. Court in session.

Direct examination of witness, Asst. Chief Joe Hart, resumes. 3:25 p.m. Cross examination of witness, Asst. Chief Joe Hart, by Mr. Wesoky, for the Defendant.

Defendant offers Plaintiff' Exhibit 21. s No objection. Plaintiff' Exhibit 21 is admitted into evidence. s 4:21 p.m. Redirect examination of witness.

Witness is excused and released from subpoena. 4:24 p.m. 4:35 p.m Court in recess. Court in session.

Plaintiff calls witness, Ms. Ida Roberts. Witness is sworn.

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

Document 150

Filed 06/21/2006

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4:37 p.m.

Direct examination of witness, Ms. Ida Roberts, by Mr. Brennan.

Plaintiff offers Plaintiff' Exhibit 57. s Objection by the Defendant. Defendant' objection is sustained. s Plaintiff' Exhibit 57 is not admitted into evidence at this time. s Plaintiff lays foundation for Plaintiff' Exhibit 57. s Plaintiff re-offers Plaintiff' Exhibit 57. s Defendant renews their objection. Defendant' objection is overruled. s Plaintiff' Exhibit 57 is admitted into evidence. s Witness is excused and shall return on June 22, 2006 at 8:30 a.m. 5:00 p.m. Jury is dismissed and shall reconvene on June 22, 2006 at 8:30 a.m.

Court and counsel discuss further stipulated exhibits. Stipulated Plaintiff' Exhibit 68 is admitted into evidence. s Plaintiff offers Plaintiff' Exhibits 59, 60, 61, 62, 64, 65, 66, 67, 69, 70, and 71. s Objections by the Defendant. The Court will take the proffer of these exhibits tomorrow, June 22, 2006, at 8:15 a.m.

5:10 p.m.

Court in recess and shall reconvene on June 22, 2006 at 8:15 a.m.

Total in court time: 6 hours and 39 minutes - Trial continued

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