Free Order on Motion in Limine - District Court of Colorado - Colorado

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

Document 226

Filed 09/17/2007

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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 17, 2007

TRIAL MINUTES

Trial to Jury - Day One 8:57 a.m. Court in session.

Jury panel is present. Eighteen jurors called. 9:04 a.m. 9:36 a.m. Civil voir dire oath given to jury panel. Voir dire by court commences. Mr. Phillips introduces Mr. Murphy, Mike Lovell, and Plaintiff Garraway, and lists Plaintiff's witnesses.

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

Document 226

Filed 09/17/2007

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

9:40 a.m.

Mr. Pestal introduces Ms. Padden, Kenneth Lincoln, Lee Rittenmeyer, Mark Robles, and Melba Dupree, and lists Defendants' witnesses. Continued voir dire.

9:43 a.m.

Challenges for Cause by Court: 1. #100137346 Peremptory Challenges by Plaintiff: 1. #100140413 2. #100157682 3. #100120595 Peremptory Challenges by Defendant: 1. #100131191 2. #100158231 3. #100151188 10:51 p.m. Civil jury oath given.

Twelve Jurors Sworn to Try the Case: 1. #100136009 2. #100144243 3. #100146392 4. #100142153 5. #100130631 6. #100121576 7. #100123203 8. #100140413 9. #100157682 10. #100125783 11. #100129911 12. #100149192 10:53 a.m. 11:17a.m. Court in recess. Court in session.

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

Document 226

Filed 09/17/2007

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

Jury is not present. Discussion regarding Defendants' motion in limine, #221. ORDERED: Defendants' Motion in Limine (#221, filed September 14, 2007) is GRANTED. Jury is present.

11:28 a.m.

Court gives jury preliminary instructions. 11:50 p.m. 1:12 p.m. Jury is present. 1:13 p.m. 1:25p.m. 1:42 p.m. Plaintiff's opening statement by Mr. Phillips. Defendants' opening statement by Ms. Padden. Plaintiff Garraway called and sworn. Court in recess. Court in session.

Direct examination by Mr. Murphy. Exhibits Identified: 9, 6, 3, 8 Exhibits Received: 9, 6 (answers to interrogatories are stricken), 3, 8 2:38 p.m. 3:06 p.m. 3:07 p.m. Cross examination by Mr. Pestal. Witness is excused. Reader reads into the record the deposition of Kevin Raymond Grisby.

Exhibit 6 is admitted in its entirety due to withdrawal of Defendants' hearsay objection. 3:16 p.m. Court in recess.

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

Document 226

Filed 09/17/2007

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

3:35 p.m. Jury is present. 3:35 p.m.

Court in session.

Plaintiff's witness, Johnny Chavez, called and sworn.

Direct examination by Mr. Murphy. Exhibits Identified: 11, A5, 17 Exhibits Received: 17, A5 3:53 p.m. 3:54 p.m. 3:55 p.m. 3:56 p.m. Cross examination by Mr. Pestal. Re-direct examination by Mr. Murphy. Witness excused, subject to recall. Plaintiff's witness, Denese Heuett, called and sworn.

Direct examination by Mr. Murphy. Exhibit Identified:7 Ruling Reserved: 7 4:07 p.m. 4:09 p.m. Cross examination by Ms. Padden. Re-direct by Mr. Murphy.

Exhibit Received: 7 (redacted version) 4:13 p.m. 4:17 p.m. 4:17 p.m. Re-cross by Ms. Padden. Re-direct by Mr. Murphy. Witness is excused.

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

Document 226

Filed 09/17/2007

Page 5 of 5

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

Mr. Pestal moves for the admission of Exhibits A8, A9, A10, A11, A12, A13, A14, A15, A16, A17, A18, A19, A20, A21, A22, A23, A24, A25, A26, A27, A28, A29, A30, A31, A32. Exhibits Received: A8, A9, A10, A11, A12, A13, A14, A15, A16, A17, A18, A19, A20, A21, A22, A23, A24, A25, A26, A27, A28, A29, A30, A31, A32 4:19 p.m. Defendants' witness, Hector Rios, called and sworn.

Direct examination by Mr. Pestal. Exhibits Identified: A33, A34 Exhibit Rejected: A33 Exhibit Received: A34 4:58 p.m. Court instructs jury regarding admonitions of trial.

Trial will resume tomorrow at 8:45 a.m. 5:00 p.m. Court in recess.

Total time in court: 05:58 Trial continued.