Free Objections - District Court of Colorado - Colorado

Case 1:04-cv-00020-MSK-BNB

Document 115

Filed 09/08/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-0020-MSK-BNB DANA MARTINEZ, individually and on behalf of the minor children as next of kin and parent, JACOB MARTINEZ, a minor, ADAM MARTINEZ, a minor, MICHAEL MARTINEZ, a minor, SAMUEL MARTINEZ, a minor, ISAIAH MARTINEZ, a minor, PATRICE GOMEZ, a minor, GABRIELLE GOMEZ, a minor, ROMAN GOMEZ, a minor, Plaintiffs, v. THE LOCHBUIE POLICE DEPARTMENT, LOCHBUIE POLICE CHIEF JOE SISKAR, in his official and individual capacity, LOCHBUIE POLICE OFFICER MATT CLARK, in his official and individual capacity, LOCHBUIE POLICE OFFICER CONRAD VANEGAS, in his official and individual capacity, LOCHBUIE POLICE OFFICER TOM BACKER, in his official and individual capacity, Defendants.

DEFENDANTS' OBJECTIONS TO PLAINTIFFS' EXHIBITS

Defendants, THE LOCHBUIE POLICE DEPARTMENT, JOE SISKAR, MATT CLARK, CONRAD VANEGAS, and TOM BACKER, by their attorneys, ERIC M. ZIPORIN and GILLIAN FLENER of the law firm SENTER GOLDFARB & RICE, L.L.C., and pursuant to Fed.R.Civ.P. 26(a)(3), D.C.COLO.LCivR 16.3, and the Final Pretrial Order [Dkt. #112], hereby submit their written objections to Plaintiffs' proposed Exhibits as follows:

Case 1:04-cv-00020-MSK-BNB

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EXHIBIT NO. 1

EXHIBIT

OBJECTION

2

3

4

5

6

7

8

9

10

Defendants' Exhibit A-9 to Brief in Support of Summary No objection (same Judgment, Affidavit in Support of Search Warrant [and as Defendants' Affidavit for issuance of Arrest Warrant for the arrest of Exhibits A-8 and Pablo Gomez, Jr.] A-17). Esperanza Gomez Deposition Exhibit 1, 9/24/01, Lochbuie Fed.R.Evid. 402, Police Department Case Report-Suspect: Daniel Pino; 403, and 802 (to the extent this report Investigating Officer: Danny V. Sandoval contains hearsay statements from a non-party). Esperanza Gomez Deposition Exhibit 2, 01/19/02, No objection (same Lochbuie Police Department Case Report-Suspect: Pablo as Defendants' Gomez: Investigating Officer: M.D. Clark Exhibit A-4). Esperanza Gomez Deposition Exhibit 3, 01/19/02, No objection (same Lochbuie Police Department Case Report-Suspect: Pablo as Defendants' Gomez: Investigating Officer: M.D. Clark Exhibit A-2). Plaintiff Dana Martinez's Deposition Exhibit 5, Mapquest No objection to map of Lochbuie [Plaintiff has inadvertently attached a Mapquest map of Mapquest of Defendants' counsels' former office address] Lochbuie. Plaintiff Dana Martinez's Deposition Exhibit 7, 10/16/01, Fed.R.Evid. 402, Lochbuie letter to Paul Gomez and Dana Martinez 403, and 802. regarding Daniel Pino Plaintiff Dana Martinez's Deposition Exhibit 8, [copies of] Fed.R.Evid. 402, black and white photographs of dog, house, and dead fish 403, 802, 901, and [with hand-written notes] 1002. Plaintiff Samuel Martinez's Deposition Exhibit 12, Hand No objection (same as Defendants' drawing of house and officers Exhibit A-14). Paul Gomez Deposition Exhibit 13, Undated Lochbuie Fed.R.Evid. 402, letter to Paul Gomez and Dana Martinez regarding Daniel 403, and 802. Pino [Plaintiffs have inadvertently attached the Affidavit in Support of Warrantless Arrest of Dana Martinez, which is not a part of Deposition Exhibit 13; Defendants have no objection to the Affidavit in Support of Warrantless Arrest of Dana Martinez.] Marc Robinson Deposition Exhibit 14, 1/22/02, Lochbuie No objection (same Police Department-Affidavit in Support of Warrantless as Defendants' Arrest of Dana Martinez, signed by Marc Robinson Exhibit A-15).

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EXHIBIT NO. 11

EXHIBIT

OBJECTION

12

13

14

15

16

17

18

Fed.R.Evid. 402, Matt Clark Deposition Exhibit 15, Lochbuie Police Department Case Report No. 02-927 [re: suspect Eusebio 403, and 802 (to the extent this report Luiz, dated 10/18/02] contains hearsay statements from a non-party). Fed.R.Evid. 402, Matt Clark Deposition Exhibit 16, Lochbuie Police 403, and 802 (to the Department Case Report No. 01-999 (4 pages) [re: suspect extent these reports Daniel Pino, dated 9/23/01] contain hearsay statements from a non-party). Fed.R.Evid. 402, Matt Clark Deposition Exhibit 16A, Lochbuie Police Department Case Report No. 01-999 (3 pages) [re: suspect 403, and 802 (to the extent these reports Daniel Pino, dated 9/23/01] contain hearsay statements from a non-party). Matt Clark Deposition Exhibit 17, Lochbuie Police Fed.R.Evid. 402 and Department Case Report Supplemental No. 01-999 Witness 403. List, dated 9/23/01 [re: suspect Daniel Pino] Matt Clark Deposition Exhibit 18, Lochbuie Police Fed.R.Evid. 402, Department Case Report Supplemental No. 01-1009, dated 403, and 802 (to the extent this report 9/29/01 contains hearsay statements from a non-party). Matt Clark Deposition Exhibit 19, Lochbuie Police No objection (same Department Case Report Supplemental No. 01-1177, as Defendants' Investigating Officer: Corporal Backer, dated 1/24/02 Exhibit A-11). Matt Clark Deposition Exhibit 20, Weld County Sheriff's Fed.R.Evid. 402, Office Offense/Incident Report No. WC02-5205 [re: 403, and 802 (to the extent this report suspect Eusebio Luiz, dated 10/18/02] contains hearsay statements from a non-party). Matt Clark Deposition Exhibit 21, Lochbuie Police No objection (same as Defendants' Department Case Report No . 01-1177, dated 1/22/02 Exhibit A-9).

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EXHIBIT NO. 19

EXHIBIT Matt Clark Deposition Exhibit 22, Lochbuie Police Department Crime Scene Log, dated 1/22/02 Matt Clark Deposition Exhibit 23, Bonding Information Sheet for Pablo Gomez, dated 1/22/02 Matt Clark Deposition Exhibit 24, Warrant by Affidavit for Pablo Gomez, dated 1/22/02 Matt Clark Deposition Exhibit 25, Return and Inventory, dated 1/22/02 Matt Clark Deposition Exhibit 26, Bonding Information Sheet for Dana Martinez Matt Clark Deposition Exhibit 28, Uniform Summons and Complaint to Dana Martinez Matt Clark Deposition Exhibit 29, 1/22/02, Lochbuie Affidavit in Support of Warrantless Arrest of Pablo Gomez Matt Clark Deposition Exhibit 30, Lochbuie Police Department Case Report Supplemental No. 01-1177, Investigating Officer: M.D. Clark, dated 1/19/02 [Note that this exhibit contains three separate documents--(1) Supplemental Offense Report (two paragraphs) drafted by Clark on 1/19/02 (Gomez.LPD 01273); (2) Supplemental Offense Report (three paragraphs) drafted by Clark on 1/19/02 (Gomez.LPD 01272); and (3) Supplemental Offense Report with Witness List drafted by Clark on 1/24/02] Matt Clark Deposition Exhibit 31, 01/08/03 Letter to CBI from Matt Clark regarding a confirmation of drug evidence

OBJECTION No objection (same as Defendants' Exhibit A-19). No objection. No objection. No objection. No objection. No objection (same as Defendants' Exhibit A-16). No objection (same as Defendants' Exhibit A-18). No objection (same as Defendants' Exhibits A-2 [Gomez.LPD 01272] and A-4 [Gomez.LPD 01273]; no objection to witness list (3).

20 21 22 23 24

25

26

27

28 29

30

No objection (same as Defendants' Exhibit A-22). Thomas Backer Deposition Exhibit 32, Lochbuie Police Fed.R.Evid. 402 and Department Case Report No. 01-1009, dated 9/29/01 403. Thomas Backer Deposition Exhibit 33, Lochbuie Police Fed.R.Evid. 402 and Department Case Report Supplemental No. 01-1009 403. Witness List, dated 9/29/01 [and Affidavit in Support of Warrantless Arrest for Eusebio Luiz, dated 9/28/01] Dr. Palmiotto Deposition Exhibit 42, Dr. Palmiotto's Fed.R.Evid. 403 and Curriculum Vitae 802.

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EXHIBIT NO. 31

EXHIBIT

OBJECTION

Dr. Palmiotto's Deposition Exhibit 43, Dr. Palmiotto's Fed.R.Evid. 403 and Expert Report, dated October 6, 2004 802. Respectfully submitted,

s/ Gillian Flener Gillian Flener Senter Goldfarb & Rice, L.L.C. 1700 Broadway, Suite 1700 Denver, CO 80290 Telephone: (303) 320-0509 FAX: (303) 320-0210 E-mail: [email protected] Attorney for Defendants

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 8th day of September, 2005, a true and correct copy of the above and foregoing DEFENDANTS' OBJECTIONS TO PLAINTIFFS' EXHIBITS was filed electronically with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following email address: John W. McKendree, Esq. Law Offices of John W. McKendree 1244 Grant Street Denver, CO 80203 [email protected] s/ Stephanie Nelson Stephanie Nelson E-mail: [email protected] Secretary for Attorney Gillian Flener

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