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

Case 1:03-cv-02633-PSF-PAC

Document 291

Filed 11/17/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE PHILLIP S. FIGA

Courtroom Deputies: Nel Steffens and Bernique Abiakam Court Reporter: Darlene Martinez

Date: November 17, 2006

Civil Action No. 03-cv-02633-PSF-CBS (Consolidated 04-cv-00319-PSF-PAC)

Parties: LILLIAN BARTON, Plaintiff, v. OFFICER R. BLEA, Badge No. 99006, OFFICER N. SAGEN, Badge No. 96-021, and JOSH VASCONCELLOS, Defendants.

Counsel: A. Thomas Elliott, Jr.

Sonja McKenzie Brett McDaniel

_____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ HEARING: Jury Trial Day Three 9:02 a.m. Court in session.

Witness for the defendants: JOSHUA VASCONCELLOS: 9:05 a.m Continued cross-examination. 9:19 a.m. Witness excused. Witness for the defendants: NICHOLAS SAGAN 9:20 a.m. Direct examination by Ms. McKenzie. 9:41 a.m. Cross-examination. 10:23 a.m. Re-direct examination by Ms. McKenzie.

Case 1:03-cv-02633-PSF-PAC

Document 291

Filed 11/17/2006

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10:23 a.m. 10:25 a.m. 10:43 a.m.

Witness excused. Court in recess. Court in session.

Witness for the defendants: CHRISTOPHER D. RAMSAY (telephonically): 10:46 a.m. Direct examination by Mr. McDaniel. 11:01 a.m. Cross-examination. Exhibit admitted: 57 11:09 a.m. Witness excused. Defendants rest. Rebuttal witness for the plaintiff: LAWRENCE GOMBA: 11:12 a.m. Objection to rebuttal witness by Mr. McDaniel; discussion. 11:13 a.m. Direct examination. 11:20 a.m. Witness excused. 11:22 a.m. Jury excused for lunch recess. ORDER: Defendants' Renewed Oral Motion for Judgment as a Matter of Law Under Rule 50(a) is denied. Defendants' Oral Motions to Dismiss Outrageous Conduct Claim and Oral Motion Dismiss the Malicious Prosecution Claim are denied. Court in recess. Court in session.

ORDER:

11:43 a.m. 1:01 p.m.

Charging conferenc Exhibits: Court Exhibit 1 - Proposed Jury Instruction. Court Exhibit 2 - Proposed Special Verdict Form. Court Exhibit 3 - Final Jury Instructions. Court Exhibit 4 - Defendants' Proposed Instruction Prior Judicial Opinion. Court Exhibit 5 - Defendants' Proposed Instruction Miranda Warning. Court Exhibit 6 - Defendants' Proposed Instruction Reasonable Suspicion. Court Exhibit 7 - Defendants' Proposed Instruction Investigative Stops. Court Exhibit 8 - Final Jury Instructions. Court in recess. Court in session. Bernique Abiakam begins as Courtroom Deputy. 2

1:36 p.m. 2:03 p.m.

Case 1:03-cv-02633-PSF-PAC

Document 291

Filed 11/17/2006

Page 3 of 3

Discussion regarding exhibits. 4:07 p.m. 4:10 p.m. 5:53 p.m. Exhibit: Jury excused for deliberations. Court in recess. Court in session. Court Exhibit 9 - Note from the jury.

VERDICT is read by the Court. 6:01 p.m. 6:03:p.m. The jury is excused with the thanks of the Court. Court in recess/hearing concluded.

Total in-court time: 5:15. Attachments: Court Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9.

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