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

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

Document 102

Filed 03/20/2007

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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 20, 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 Two 8:41 a.m. Court in session Edward Farry, Jr. Counsel: Pro Se

Plaintiff present in custody and representing himself pro se. Defendants all present with counsel Edward Farry. 8:52 a.m. Jury Present

Witness sworn for the plaintiff : Nicky L. Smith-Bey: 9:51 a.m. Direct Examination by Mr. Smith-Bey. Cross examination of witness Nicky L. Smith-Bey by Mr. Farry. EXHIBITS: Received: 10:03 a.m. 10:27 a.m. 10:30 a.m. 10:33 a.m. 10:35 a.m. 15

Court in recess Court in session Court in recess Court in session Jury Present

Witness sworn for the plaintiff :Joseph Canfield : 10:39 a.m. Direct Examination by Mr. Smith-Bey. Cross examination of witness Joseph Canfield by Mr. Farry

Case 1:04-cv-01050-MSK-PAC Courtroom Minutes Judge Marcia S. Krieger Page 2

Document 102

Filed 03/20/2007

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Redirect examination of witness Joseph Canfield by Mr. Smith-Bey. Re-cross examination of witness Joseph Canfield by Mr. Farry. Redirect examination of witness Joseph Canfield by Mr. Smith-Bey. Witness sworn for the plaintiff : John Scott Gibson : 11:19 a.m. Direct Examination by Mr. Smith-Bey. No cross examination of witness by Mr. Farry. EXHIBITS: Received: 11

Witness sworn for the plaintiff : Lisa Fitzgerald : 11:44 a.m. Direct Examination by Mr. Smith-Bey. 11:59 a.m. 12:04 p.m. 1:31 p.m. 1:32 p.m. Jury excused Court in recess Court in session Jury Present

Continued direct examination of witness Lisa Fitzgerald by Mr. Smith-Bey. EXHIBITS: Received: 12

Cross examination of witness Lisa Fitzgerald by Mr. Farry. Redirect examination of witness Lisa Fitzgerald by Mr. Smith-Bey. Witness sworn for the plaintiff :Jessica Mekelburg Dorcey : 1:48 p.m. Direct Examination by Mr. Smith-Bey. Cross examination of witness Jessica Mekelburg Dorcey by Mr. Farry. Redirect examination of witness Jessica Mekelburg Dorcey by Mr. Smith-Bey. Witness sworn for the plaintiff :Leslie Payne : 2:12 p.m. Direct Examination by Mr. Smith-Bey. EXHIBITS: Received: 9

Cross examination of witness Leslie Payne by Mr. Farry. Redirect examination of witness Leslie Payne by Mr. Smith-Bey. Witness sworn for the plaintiff :Michael Yonger : 2:21 p.m. Direct Examination by Mr. Smith-Bey. Cross examination of witness Michael Yonger by Mr. Farry. Redirect examination of witness Michael Yonger by Mr. Smith-Bey.

Case 1:04-cv-01050-MSK-PAC Courtroom Minutes Judge Marcia S. Krieger Page 3 2:29 p.m. Court in recess 2:55 p.m. Court in session 2:56 p.m. Jury present

Document 102

Filed 03/20/2007

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Witness sworn for the plaintiff :Joseph Barnhill : 2:58 p.m. Direct Examination by Mr. Smith-Bey. Cross examination of witness Joseph Barnhill by Mr. Farry. Redirect examination of witness Joseph Barnhill by Mr. Smith-Bey. Plaintiff rests. Defendant' case. s Witness sworn for the defendants : Ronda Katzenburg : 3:43 p.m. Direct Examination by Mr. Smith-Bey. EXHIBITS: Received: 14

Cross examination of witness Ronda Katzenburg by Mr. Smith-Bey. Redirect examination of witness Ronda Katzenburg by Mr. Farry. 4:37 p.m. 4:40 p.m. Jury excused for day. Court in recess

Total Time: 5 Hours 39 minutes Trial continued.