Free Witness List - District Court of Arizona - Arizona

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TERRY GODDARD Arizona Attorney General Darrin J. DeLange Assistant Attorney General State Bar No. 015699 1275 West Washington Street Phoenix, AZ 85007-2997 (602) 542-7693 Telephone (602) 542-7670 Facsimile [email protected] Attorneys for Defendant James UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ANDRE ALMOND DENNISON, Plaintiff, v. CONRAD LUNA, et al., Defendant. (Assigned to the Hon. Susan R. Bolton) Defendant, by undersigned counsel, pursuant to this Court's Order dated May 25, 2007 [dkt. 211], submits Defendant's Final Pre-Trial Witness List, with a summary of each witnesses expected testimony. Defense Counsel, consistent with the agreement made to the Court at the initial Final Pre-Trial Conference on February 8, 2007, will again make certain defense witnesses, who are currently employed by the Arizona Department of Corrections, available for Plaintiff to call as witnesses in his case in chief without the need for Plaintiff to pay for service of subpoena's. Defendant also notifies the Plaintiff and this Court that new, certified Writs of Habeas Corpus Ad Testificandum, specifiying the new trial dates, must be served Case No. CV 03-2373 PHX SRB DEFENDANT'S FINAL PRETRIAL WITNESS LIST AND NOTICE TO THE COURT RE: NEW WRITS OF HABEAS CORPUS AD TESTIFICANDUM.

Case 2:03-cv-02373-SRB

Document 215

Filed 05/25/2007

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upon the warden of each inmate's Prison Unit in order to guarantee their availability as witnesses to Plaintiff at trial. The following is Defendant's Final Trial Witness List: 1. Bruemmer, C.O. III Officer Bruemmer will testify regarding the procedure for videotaping incidents and events that occur at the prison unit. He will describe how videotapes are stored, for how long, and how they are re-used. He will testify regarding a videotape, which has been identified as an exhibit that was made on May 1, 2003. He will also testify regarding what, if anything, he viewed on the videotape. 2. Clemenshaw, C.R.N.S. I, J Nurse Clemenshaw will testify regarding her intitial evaluation of Plaintiff Dennison's physical condition after the incident on May 1, 2003, and will authenticate medical records about Plaintiff Dennison that she authored or wrote notes on. 3. Fridenmaker, C.O. III Officer Fridenmaker will testify that she is employed with the ADC as a C.O. III and that on May 1, 2003 she was assigned to the Rynning Unit Programs Office. She will testify that Plaintiff signed the classification referral notice waiving his fiveday waiting period to prepare for the classification hearing. She will further testify that Plaintiff's classification hearing was held on that date in which the Plaintiff

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attempted to get an override to lower his scores because he wanted to transfer to a lower-custody housing unit. When she explained to him that he was not eligible on this date for a reduction, Plaintiff became upset and walked out of the hearing,

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refusing to sign or initial any paperwork. After Plaintiff left the area, he returned and refused to comply with Defendant James' orders to cuff-up. Plaintiff took an

aggressive stance and raised his fists towards Defendant James at which time the Incident Management System was activated. Plaintiff attempted to hit James and James sprayed the Plaintiff with pepper spray, ordering him to cuff-up. Plaintiff hit James in the head. The IMS response team arrived and regained control of Plaintiff. 4. Hewitt, Jr., C.O. III Officer Hewitt will testify that he was employed with the ADC on May 1, 2003, as a C.O. III and was assigned to the Rynning Unit. He will testify that at approximately 8:50 a.m., Plaintiff knocked on the door to the Programs area and that he opened the door pursuant to James' request and told Plaintiff that his classification hearing was completed. Hewitt told Plaintiff to return to his housing unit and he began arguing with Hewitt. Defendant James stepped out of the office and directed Plaintiff to return to housing and Plaintiff refused. After continued non-compliance, James ordered Plaintiff to submit to handcuffing at which time Plaintiff took a step back and raised his hands into a fighting stance. Hewitt will testify that at that time he activated the IMS alarm and called for an A-team response or IMS response team. James continued to order Plaintiff to cuff-up and approached him in an attempt to place handcuffs on him. Plaintiff pushed James on his chest and James used his OC

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spray and administered two short bursts of chemical spray in Plaintiff's facial area, which appeared to have little effect upon Plaintiff. When James attempted to put the

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handcuffs on Plaintiff again, Plaintiff struck James in the head. The I.M.S. response team arrived and subdued Plaintiff. 5. James, C.O. III ­ Defendant Defendant Officer James will testify that he was employed with the ADC on May 1, 2003, as a C.O. III at the Rynning Unit. He will testify that he attended Plaintiff's classification review hearing at the programs office after Plaintiff waived his five-day waiting period. During the hearing, Plaintiff became upset when he learned he was not eligible for a score reduction whereupon he walked out of the hearing and refused to sign or initial any paperwork. When Plaintiff returned to the programs office, James told him to return to his housing unit and he refused to comply. Plaintiff became verbally abusive and James ordered Plaintiff to cuff-up. Plaintiff refused to cuff up and hit James in the head. James sprayed Plaintiff in the face with pepper spray to get Plaintiff to comply with his directives. The IMS response team arrived on the scene and regained control of Plaintiff. 6. Nelson, C.O. III, N. Officer Nelson will testify that she was employed with the ADC on May 1, 2003, as a C.O. at the Rynning Unit. She will testify that she witnessed Defendant James direct Plaintiff to leave the program area and return to his housing unit. Plaintiff refused to return and continued to argue with James. James then ordered the

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Plaintiff to submit to handcuffing which the Plaintiff refused.

Plaintiff made

aggressive moves to James with his fists up and James sprayed Plaintiff with pepper

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spray. Plaintiff continued to advance towards James and then hit James in the head. IMS arrived and regained control of Plaintiff. 7. Pinson, Lieutenant Lieutenant Pinson will testify that she was employed by the ADC on May 1, 2003, as a C.O. III and assigned to the Rynning Unit. She will testify that on the morning of May 1, 2003, Plaintiff was outside the office door. She witnessed

Defendant James order Plaintiff to return to his housing unit and that the Plaintiff did not leave the area. She witnessed James order Plaintiff to cuff-up and Plaintiff refused. At that point, Hewitt activated the IMS alarm. Pinson was a distance of approximately 5 to 7 feet from Plaintiff. James attempted to place handcuffs on Plaintiff when he attempted to throw punches to avoid the handcuffs. Pinson will testify that James sprayed Plaintiff twice with a chemical spray and then attempted to again handcuff him. Pinson then witnessed Plaintiff throw a punch to James' head. Then the IMS response team arrived and subdued Plaintiff. 8. Thelen, Former ADC C.O. II Former C.O. II Thelen may testify as a rebuttal witness if Defendant testifies, and rebut any statement that Plaintiff Dennison may make that she had some type of "relationship" with Defendant James that was the direct cause of Defendant James's alleged retaliation against Plaintiff.

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9. All of the witnesses listed in Plaintiff's Final Trial Witness List that appear for trial.

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RESPECTFULLY SUBMITTED this 25th day of May, 2007. TERRY GODDARD Arizona Attorney General

s/Darrin J. DeLange Darrin J. DeLange Assistant Attorney General Attorneys for Defendant James Original e-filed this 25th day of May, 2007, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Street, SPC 1 Phoenix, AZ 85003-2118 Copy mailed the same date to: Andre Almond Dennison, #143931 ASPC - Lewis - Morey Unit P.O. Box 3300 Buckeye, AZ 85326-3300 Plaintiff Pro Se s/Colleen S. Jordan Secretary to: Darrin J. DeLange IDS04-0294 / RSK:G04-20632
#1004389

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