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

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

Document 148

Filed 06/20/2006

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

Date: June 20, 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 TWO ___________________________________________________________________________ _

8:19 a.m.

Court in session.

Jury is not present. Appearances of counsel. The plaintiff and a representative for the City and County of Denver are present in court. Opening statements by the court. Counsel and the court discuss the Defendant' proffer as to Defendant' Exhibit 114. s s Statement to the court by the Defendant. Defendant' Exhibit 114 is WITHDRAWN. s 1

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

Document 148

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ORDERED: Plaintiff' Motion in Limine, [#141] filed June 16, 2006, is granted in part s and denied in part, as stated on the record. The following exhibits were impacted or implicated by the Court' ruling on Plaintiff' s s Motion in Limine, [#141]. ORDERED: 1. The following exhibits may be admitted as is, that is without redaction, subject, to other timely and appropriately preserved objections by the plaintiff. · 2. Exhibits 88, 90, 91, 92, 94, 137, 139, and 141.

The following exhibits are not admissible in the context of the court' ruling. s · Exhibits 93, 138, 140, 142, 143, and 144.

3.

The following exhibit are to be admissible in the context of the objections raised by and inherent to the motion require redaction. · Exhibit 136

8:32 a.m. 8:36 a.m

Court in recess. Court in session.

Jury is present. Witness, Lt. Rob Brady, is reminded that he reminds under oath. 8:38 a.m. Cross examination of witness, Lt. Rob Brady, resumes.

Defendant offers Defendant' Exhibit 88. s Objection by the Plaintiff. Plaintiff' objections are overruled. s Defendant' Exhibit 88 is admitted into evidence. s 9:20 a.m. Redirect examination of witness, Lt. Rob Brady.

Plaintiff offers Plaintiff' Exhibits 25 and 26. s No objections. Plaintiff' Exhibits 25 and 26 are admitted into evidence. s 2

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

Document 148

Filed 06/20/2006

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10:10 a.m 10:28 a.m. 10:28 a.m

Court in recess. Court in session. Re-cross examination of witness, Lt. Rob Brady.

Witness is excused and released from subpoena. Plaintiff calls witness, Mr. Fred DeFeo. Witness is sworn. 10:38 a.m. Direct examination of witness, Mr. Fred DeFeo, by Mr. Brennan.

Plaintiff offers Plaintiff' Exhibit 58. s Objection by Defendant. Defendant' objection is sustained. s Plaintiff' Exhibit 58 is not admitted into evidence at this time. s 10:53 a.m. 11:02 a.m. Cross examination of witness, Mr. Fred DeFeo, by Mr. Lujan. Redirect examination of witness, Mr. Fred DeFeo.

Witness is excused and released from subpoena. Plaintiff calls witness, Detective Charles Jones. Witness is sworn. 11:04 a.m. Direct examination of witness, Detective Charles Jones, by Mr. Brennan.

Plaintiff offers Plaintiff' Exhibit 8. s Objection by the Defendant. Defendant' objection is overruled. s Plaintiff' Exhibit 8 is admitted into evidence. s 11:26 a.m. 11:32 a.m. Cross examination of witness, Detective Charles Jones, by Mr. Lujan. Redirect examination of witness, Detective Charles Jones.

Witness is excused and released from subpoena. Plaintiff calls witness, Mr. Ronald Martinez. Witness is sworn. 3

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

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11:37 a.m.

Direct examination of witness, Mr. Ronald Martinez, by Mr Brennan.

No cross examination. Witness is excused and released from subpoena. 11:50 a.m. 1:20 p.m. Court in recess and shall reconvene at 1:15 p.m. Court in session

Plaintiff calls witness, Mr. Michael Brown, by video disposition. 1:22 p.m. 3:20 p.m. 3:40 p.m. Video disposition, of Mr. Michael Brown, played for the jury. Court in recess. Court in session.

Plaintiff offers Plaintiff' Exhibits 3 and 7. s Defendant objects to Plaintiff' Exhibits 3 and 7. s Response by the Plaintiff. Defendant' objections to Plaintiff' Exhibits 3 and 7 are taken under advisement. s s

Plaintiff' Exhibits 3 and 7 are not admitted at this time. s Plaintiff calls witness, Assistant Chief Steven Garrod. Witness is sworn. 3:44 p.m Direct examination of witness, Asst. Chief Steven Garrod, by Mr. Brennan.

Plaintiff offers Plaintiff' Exhibit 41. s No objections. Plaintiff' Exhibit 41 is admitted into evidence. s Plaintiff offers Plaintiff' Exhibit 42. s Objection by the Defendant. Defendant' objection is sustained. s Plaintiff' Exhibit 42 is not admitted at this time. s Witness is excused and shall return on June 21, 2006 at 8:30 a.m.

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

Document 148

Filed 06/20/2006

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4:56 p.m.

Jury is excused and shall reconvene on June 21, 2006 at 8:30 a.m.

The Court Findings of Fact and Conclusions of Law and orders re: defendant' s objections to Plaintiff' Exhibits 3 and 7. s Defendant' objections to Plaintiff' Exhibits 3 and 7 are overruled. s s Plaintiff' Exhibits 3 and 7 are admitted into evidence. s 5:00 p.m. Court in recess and shall reconvene on June 21, 2006 at 8:30 a.m.

Total in court time: 6 hours and 45 minutes - Trial continued

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