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

Case 1:04-cv-01049-EWN-KLM

Document 227

Filed 09/18/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Edward W. Nottingham Nel Steffens, Deputy Clerk Darlene Martinez, Court Reporter Civil Action No. 04­cv­01049­EWN­KLM Parties: MITHCELL THEOPHILUS GARRAWAY, Plaintiff, v. USA, ex rel via: FEDERAL BUREAU OF PRISONS, KENNETH LINCOLN, LEE RITTENMEYER, and MARK ROBLES, Defendants. Mark Pestal and Amy Padden Counsel: John Phillips, Jr., and Michael Murphy Date: September 18, 2007

TRIAL MINUTES

Trial to Jury - Day Two 8:55 a.m. Jury is present. 8:55 a.m. Defendants' witness, Hector Rios, resumes stand. Court in session.

Continued direct examination by Mr. Pestal. Exhibit Identified: 1 Exhibit Received: 1

Case 1:04-cv-01049-EWN-KLM

Document 227

Filed 09/18/2007

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Courtroom Minutes 04-cv-01049-EWN-KLM Chief Judge Edward W. Nottingham Page 2 of 5

9:08 a.m. 9:10 a.m. 9:11 a.m.

Cross examination by Mr. Phillips. Witness is excused. Defendant Kenneth Lincoln called and sworn.

Direct examination by Ms. Padden. 9:50 a.m. 10:03 a.m. 10:08 a.m. 10:08 a.m. 10:09 a.m. Cross examination by Mr. Murphy. Re-direct by Ms. Padden. Re-cross by Mr. Murphy. Witness is excused. Defendant Mark Robles called and sworn.

Direct examination by Ms. Padden. 10:29 a.m. 10:46 a.m. Jury present. 10:46 a.m. Defendant Robles resumes witness stand. Court in recess. Court in session.

Continued direct examination by Ms. Padden. 10:47 a.m. 10:53 a.m. 10:53 a.m. Cross examination by Mr. Murphy. Witness is excused. Defendant Lee Rittenmeyer called and sworn.

Direct examination by Mr. Pestal.

Case 1:04-cv-01049-EWN-KLM

Document 227

Filed 09/18/2007

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Courtroom Minutes 04-cv-01049-EWN-KLM Chief Judge Edward W. Nottingham Page 3 of 5

11:03 a.m.

Cross examination by Mr. Murphy.

Exhibits Identified: 22, 23, 24 Exhibits Received: 22, 23, 24 11:17 a.m. 11:17 a.m. Witness is excused. Defendants' witness, Andrew Watson, called and sworn.

Direct examination by Ms. Padden. 11:29 a.m. 11:35 a.m. 11:35 a.m. Cross examination by Mr. Murphy. Witness is excused. Defendants' witness, Claude Spann, called and sworn.

Direct examination by Ms. Padden. 11:43 a.m. 11:46 a.m. 11:47 a.m. Cross examination by Mr. Murphy. Witness is excused. Defendants' witness, Steven Santiago, called and sworn.

Direct examination by Mr. Pestal. 11:52 a.m. 11:58 a.m. 11:59 a.m. Cross examination by Mr. Murphy. Re-direct by Mr. Pestal. Witness is excused.

Jury is excused. Clerk distributes jury instructions to counsel. Court states that counsel should be prepared for jury instruction conference this afternoon.

Case 1:04-cv-01049-EWN-KLM

Document 227

Filed 09/18/2007

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Courtroom Minutes 04-cv-01049-EWN-KLM Chief Judge Edward W. Nottingham Page 4 of 5

12:01 p.m. 1:31 p.m. Jury present. 1:31 p.m.

Court in recess. Court in session.

Defendants' witness, Richard Sams, called and sworn.

Direct examination by Ms. Padden. 1:35 p.m. 1:36 p.m. 1:36 p.m. Cross examination by Mr. Murphy. Witness is excused. Defendants' witness, Dale Grafton, called and sworn.

Direct examination by Ms. Padden. 1:40 p.m. 1:41 p.m. 1:41 p.m. Cross examination by Mr. Murphy. Witness is excused. Defendants' witness, Celeste Collins, called and sworn.

Direct examination by Ms. Padden. Exhibits Identified: A35, A36 Exhibit Received: A35 Exhibit Rejected: A36 1:58 p.m. 2:06 p.m. 2:06 p.m. Cross examination by Mr. Murphy. Witness is excused. Defendants' witness, Larry Smith, called and sworn.

Direct examination by Ms. Padden.

Case 1:04-cv-01049-EWN-KLM

Document 227

Filed 09/18/2007

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Courtroom Minutes 04-cv-01049-EWN-KLM Chief Judge Edward W. Nottingham Page 5 of 5

2:17 p.m. 2:24 p.m. Defense rests.

Cross examination by Mr. Phillips. Witness is excused.

Mr. Phillips states there will be no rebuttal. 2:25 p.m. Court addresses jury, asking them to be prepared to commence at 9:15 a.m. tomorrow. Jury is excused for the day.

2:26 p.m.

Court directs counsel to be present for jury instruction conference at 8:45 a.m. tomorrow. 2:27 p.m. Court in recess.

Total time in court: 03:45 Trial continued.