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

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

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Filed 06/19/2006

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

Date: June 19, 2006 Ginny Kramer, Courtroom Deputy Suzanne Claar, Court Reporter Civil Case No. 04-cv-01067-REB-CBS Parties WILLIAM R. CADORNA, Plaintiff(s), v. CITY and COUNTY OF DENVER, Jack Wesoky Christopher Lujan Counsel Mark Brennan

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

8:15 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. The court and counsel discuss pretrial issues. ORDERED: 1. Plaintiff' Motion for Reconsideration of Order Denying Jury Trial, s [#142] filed June 17, 2006, is GRANTED. Plaintiff' Motion in Limine, [#141] filed June 16, 2006, is taken s 1

2.

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

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under advisement. Parties advise the court that they have stipulated to Exhibits 27, 11, 12, 14, 13, 15, 63, 29, 20, 16, 33, 38, 30, 1, 18, and 19. Plaintiff' Stipulated Exhibits 1, 11, 12, 13, 14, 15, 16, 20, 27, 29, 30, 33, 38, and 63 s are admitted into evidence. Defendant' Exhibits 78, 82 83, 84, 85, 96, 87, 89, 92, 96, 100, 101, 114, 115, 122, and s 135 are withdrawn. 8: 50 p.m. 9:15 a.m. Court in recess. Court in session.

Thirty (30) potential jurors are brought to the courtroom Fourteen (14) jurors are seated in the jury box, before the judge takes the stand. Jury panel is sworn. Statements to the jurors by the court. 9:40 a.m. 10:09 a.m. Voir dire commences by the court. Voir dire by Mr. Brennan, for the plaintiff.

Plaintiff passes the panel for cause. 10:30 a.m. Voir dire by Mr. Wesoky, for the defendant.

Defendant passes the panel for cause. Excused for cause: 1. 100117798

Challenges for the Plaintiff. 1. 2. 3. 100109699 100090822 100092222

Challenges for the Defendant. 2

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

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1. 2. 3.

100095156 100105382 100097218

Jurors are sworn. 11:02 a.m. 11:20 a.m. Court in recess. Court in recess.

Statement to the jury by the court. Court' sequestration order is in effect. s 11:35 a.m. 12:25 p.m. 1:50 p.m. Opening statements by Mr. Brennan, for the plaintiff. Court in recess and shall reconvene at 1:45 p.m. Court in session.

Jury is not present. Defendant addresses the argument by plaintiff' counsel' in his opening statement, re: s s the Stan Ford case. Reply by the Plaintiff. Defendant' request to refer to the Stan Ford evidence in their opening statement is s granted, while simultaneously reserving the right to object by way of individual and discrete objections to the attempted admission of the Stan Ford evidence during the presentation of evidence. 1:54 p.m. 1:55 p.m Jury is present. Opening argument by Mr. Lujan, for the Defendant.

The Court reads to the jury the stipulation of facts by the parties. Plaintiff calls witness, Mr. Craig Hopp. Witness is sworn. 2:38 p.m. 2:45 p.m Direct examination of witness, Mr. Craig Hopp, by Mr. Brennan. Cross examination of witness, Mr. Craig Hopp, by Mr. Lujan.

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2:59 p.m. 3:04 p.m.

Redirect examination of witness. Re-cross examination of witness.

Witness is excused and release from subpoena. Plaintiff calls witness, Mr. Jerome Fleming. Witness is sworn. 3:09 p.m. Direct examination of witness, Mr. Jerome Fleming, by Mr. Brennan.

Plaintiff offers Plaintiff' Exhibit 19. s Objection by the Defendant. Defendant' objection is overruled. s Plaintiff' Exhibit 19 is admitted into evidence. s 3:30 p.m. 3:50 p.m. Court in recess. Court in session.

Direct examination of witness, Mr. Jerome Fleming, resumes. 3:53 p.m. Cross examination of witness, Mr. Jerome Fleming, by Mr. Lujan, for the Defendant.

Witness is excused and released from subpoena. Plaintiff calls witness, Lt. Rob Brady. Witness is sworn. 4:11 p.m. Direct examination of witness, Lt. Rob Brady, by Mr. Brennan, for the Plaintiff. Cross examination of witness, Lt. Rob Brady, by Mr. Wesoky, for the Defendant.

4:50 p.m.

Defendant offers Defendant' Exhibit 114. s Objection by the Plaintiff, as the Defendant has withdrawn Exhibit 114. Defendant makes oral motion to re-submit Defendant' Exhibit 114. s Witness is excused and shall appear on Tuesday, June 20, 2006, at 8:30 a.m.

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

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Filed 06/19/2006

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4:57 p.m.

Jury is excused and shall reconvene on June 20, 2006 at 8:30 a.m.

The Court will take up the issue of Defendant' Exhibit 114 at 8:15 a.m. on June 20, s 2006. 5:00 p.m. Court in recess and shall reconvene on Tuesday, June 20, 2006, at 8:15 a.m. Trial continued

Total in court time: 6 hours and 2 minutes -

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