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

Case 1:04-cv-01050-MSK-PAC

Document 103

Filed 03/21/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Court Reporter: Patricia Glover Paul Zuckerman Date: March 21, 2007

Civil Action No. 04-cv-01050-MSK-PAC Parties: NICKY L. SMITH-BEY Plaintiff, v. CPT. SCOTT GIBSON, SGT. PAYNE, SGT. JOSEPH BARNHILL, LISA FITZGERALD, JESSICA MEKELBURG and MICHAEL YONGER, Defendants. COURTROOM MINUTES HEARING: Jury Trial Day Three 8:38 a.m. Court in session Edward Farry, Jr. Counsel: Pro Se

Plaintiff present in custody and representing himself pro se. Counsel for defendants present. Defendants are not present. Defendants' oral motion pursuant to Rule 50(a)(1). Argument by Mr. Farry for defendants. Argument by Mr. Smith Bay pro se. Rebuttal argument by Mr. Farry for defendants. Defendants' Rule 50(a)(1) motion is taken under advisement. 9:33 a.m. 10:05 a.m. Court in recess Court in session

Plaintiff present. Defendants all present with counsel Edward Farry.

Case 1:04-cv-01050-MSK-PAC Courtroom Minutes Judge Marcia S. Krieger Page 2 10:12 a.m. Jury Present

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Defendants case continued. Witness (previously sworn) for the defendants : John Scott Gibson: 10:14 a.m. Direct Examination by Mr. Farry. Cross examination of witness John Scott Gibson by Mr. Smith-Bey. No redirect examination of this witness. Defendants rest. Plaintiff' Rebuttal case. s Witness (previously sworn) for the plaintiff : Lisa Fitzgerald: 11:21 a.m. Direct Examination by Mr. Smith-Bey. No cross examination of this witness. Witness (previously sworn) for the plaintiff : Joseph Barnhill: 11:23 a.m. Direct Examination by Mr. Smith-Bey. No cross examination of this witness. Witness (previously sworn) for the plaintiff : Leslie Payne: 11:29 a.m. Direct Examination by Mr. Smith-Bey. No cross examination of this witness. Evidence completed. 11:33 a.m. Jury excused

Defendants not present. Charging Conference. The parties have no additional tendered instructions. 12:08 p.m 1:56 p.m. Court in recess Court in session

No further objections to concluding jury instructions and verdict form. 1:58 p.m. 2:39 p.m. Court in recess Court in session

Plaintiff present. Defendants all present with counsel Edward Farry.

Case 1:04-cv-01050-MSK-PAC Courtroom Minutes Judge Marcia S. Krieger Page 3 2:42 p.m. Jury present. The Court instructs the jury.

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Closing argument by plaintiff pro se Mr. Smith-Bey. Closing argument by Mr. Farry. Rebuttal argument by plaintiff pro se Mr. Smith-Bey. Oath to the Marshal. 4:11 p.m. 4:13 p.m. 5:06 p.m. Jury excused to the deliberation room. Court in recess. Court in session.

Plaintiff is present. Edward Farry, counsel for defendants is present. Defendants are not present. Communication from the jury addressed. 5:12 p.m. 5:29 p.m. 5:31 p.m. Court in recess Court in session Jury present.

Plaintiff is present. Edward Farry, counsel for defendants is present. Defendants are not present. The jury informs the Court it has reached a verdict. The Court received the written verdict and orally read the verdict. Jurors polled individually to confirm its verdict. Jury excused from the courtroom, to be released from the jury deliberation room by the Judge. ORDER: 5:41 p.m. Post trial motions shall be filed by April 12, 2007. Court in recess

Total Time: 4 Hours 52 minutes Trial concluded.