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

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

Document 104

Filed 08/07/2006

Page 1 of 3

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

Date: August 7, 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, Defendants. Allan Hale John Lubitz Scott Hyman

Erich Schwiesow

COURTROOM MINUTES - TRIAL TO COURT - DAY ONE _____________________________________________________________________ 9:16 a.m. Court in session. Opening statements by the Court. Appearances of counsel. The Court enters a sequestration order. 9:20 a.m. 9:40 a.m. Opening statements for the Plaintiff, by Mr. Schwiesow. Opening statements for the Defendants, by Mr. Hale.

Exhibits 1, 1A, 1B, 2, 3, 5, 6, 8 through 22, 24 through 35, 43 through 50 and 53, 54, and 55 are admitted into evidence by stipulation. The Plaintiff calls witness, Mr. Peter Hornick. The witness is sworn.
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Case 1:03-cv-02504-REB-CBS

Document 104

Filed 08/07/2006

Page 2 of 3

9:59 a.m. 10:45 a.m. 11:00 a.m.

Direct examination of witness, Mr. Peter Hornick, by Mr. Schwiesow. Court in recess. Court in session.

Direct examination of witness, Mr. Peter Hornick, resumes. 11:34 p.m. 11:57 a.m. 1:15 p.m. Cross examination of witness, Mr. Peter Hornick, by Mr. Hale. Court in recess until 1:15 p.m. Court in session.

Cross examination of witness, Mr. Peter Hornick, resumes. Defendant offers Exhibit 38. Objections by the Plaintiff. Plaintiff' objections are overruled. s Exhibit 38, for identification, is admitted into evidence. Defendant offers Exhibit 36. Objections by the Plaintiff. Plaintiff' objections are sustained. s Exhibit 36 is not admitted into evidence. Defendant offers Exhibit 39. No objections. Exhibit 39, for identification, is admitted into evidence. 3:10 p.m. 3:29 p.m. Court in recess. Court in session.

Cross examination of witness, resumes. 3:45 p.m Redirect examination of witness, Mr. Peter Hornick.

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

Document 104

Filed 08/07/2006

Page 3 of 3

Witness is excused. The Plaintiff calls witness, Mr. Robert Bruce. The witness is sworn. 3:54 p.m. Direct examination of witness, Mr. Robert Bruce, by Mr. Schwiesow.

Plaintiff offers Exhibit 51. No objections. Exhibit 51, for identification, is admitted into evidence. 4:45 p.m. Court in recess and shall reconvene on August 8, 2006 at 8:30 a.m. Total court time: 5 hours and 37 minutes - trial continued

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