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

Case 1:03-cv-02504-REB-CBS

Document 105

Filed 08/08/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn

Date: August 8, 2006 Ginny Kramer, Courtroom Deputy Suzanne Claar, Court Reporter

Civil Case No. 03-cv-02504-REB-CBS PETER HORNICK, Plaintiff, v.
GARY BOYCE, JOANNE BOYCE, Allan Hale John Lubitz Scott Hyman

Erich Schwiesow

Defendants. _______________________________________________________________________

COURTROOM MINUTES - TRIAL TO COURT - DAY TWO _____________________________________________________________________ 8:30 a.m. Court in session. Opening statements by the Court. Witness, Mr. Robert Bruce, resumes the witness stand. 8:32 a.m. 9:08 a.m. Direct examination of witness, Mr. Robert Bruce, resumes. Cross examination of witness, Mr. Robert Bruce, by Mr. Hale.

Defendant offers Exhibit 36 pages 14 through 35. Objection by the Plaintiff. Plaintiffs' objection is sustained. Exhibit 36, pages 14 through 35 are not admitted into evidence.

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Case 1:03-cv-02504-REB-CBS

Document 105

Filed 08/08/2006

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10:15 a.m. 10:30 a.m.

Court in recess. Court in session.

Cross examination of witness, Mr. Robert Bruce, resumes. 10:38 a.m. Redirect examination of witness, Mr. Robert Bruce.

Witness is excused and released from subpoena. 10:43 a.m. The Plaintiff rests.

The Defendant calls witness, Mr. Ross Brupbacher. The witness is sworn. 10:44 a.m. 11:17 a.m. 11:27 a.m. Direct examination of witness, Mr. Ross Brupbacher, by Mr. Hale. Court in recess. Court in session.

Direct examination of witness, Mr. Ross Brupbacher, resumes. 11:44 p.m. 11:59 a.m. Cross examination of witness, Mr. Ross Brupbacher, by Mr. Schwiesow Redirect examination of witness, Mr. Ross Brupbacher.

Witness is excused and released from subpoena. 12:01 p.m. 1:17 p.m. Court in recess until 1:15 p.m. Court in session.

The Defendant calls witness, Mr. Gary Boyce. The witness is sworn. 1:18 p.m. 1:53 p.m. Direct examination of witness, Mr. Gary Boyce, by Mr. Hale. Cross examination of witness, Mr. Gary Boyce, by Mr. Schwiesow.

Plaintiff offers Exhibit 57. No objections.
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Case 1:03-cv-02504-REB-CBS

Document 105

Filed 08/08/2006

Page 3 of 3

There already being an exhibit marked 57, the previous exhibit offered will be marked as Exhibit 57a. Exhibit 57a , for identification, is admitted into evidence. 2:47 p.m. Redirect examination of witness, Mr. Gary Boyce.

Questions to the witness, Mr. Gary Boyce, by the Court. The witness is excused. 3:12 p.m 3:15 p.m. 3:35 p.m. 3:38 p.m 4:20 p.m. 5:06 p.m. The Defendant rests. Court in recess. Court in session. Closing argument for the Plaintiff. Closing argument for the Defendant. Rebuttal argument by the Plaintiff.

The Court will issue written findings, orders and judgment as soon as practicable. 5:16 p.m. Court in recess.

Total in court time: 5 hours and 4 minutes - Trial concluded

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