Free Jury Trial - Held - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CIVIL TRIAL MINUTES Phoenix Division HON: EARL H. CARROLL DATE: 10/25/06 CIV: 03-2077-PHX-EHC CASE TITLE: Robert Gant and Betty Gant v. Roger Vanderpool, et al. PLAINTIFFS' COUNSEL: Robert Gregory DEFENDANTS' COUNSEL: Georgia Staton Roberta Hightower Candy Potter Deputy Clerk Court Reporter ================================================================================ PROCEEDINGS: DAY 5 OF CIVIL JURY TRIAL 09:10 Court convenes with counsel and defendant Roger Vanderpool. The Court expresses concern regarding testimony offered yesterday with respect to the polygraph issue. The deputy clerk is directed to advise the jury that a recess will be taken until 10:30 AM. 09:27 Recess taken. 10:47 Court reconvenes out of the presence of the jury. The Court is advised that Plaintiffs' wish to proceed with the trial and request that the Court instruct the jury with respect to the issue. Defense objects, argument heard. 10:59 Jury enters, DEFENSE CASE CONTINUES: Roger Lee Vanderpool testifies further on direct examination. On cross examination, Exhibits 46-48 are admitted. 11:46 Jury is admonished and excused until 1:15 PM. Court remains with counsel to discuss objection to admission of exhibit 49 and the Court's previous ruling is upheld as to exhibit 49. Recess taken. 01:17 Court reconvenes with Roger Vanderpool on further cross examination. Exhibits 50, 51 and 4(b) are admitted. Exhibit 45 admitted after being redacted. David Nile Jordon sworn and examined.02:28 Recess taken. 02:47 Court reconvenes with the parties, who are advised that one of the juror is ill. For that reason, the Court will recess early today without objection by counsel. 02:51 - the jury enters the courtroom and is admonished and excused until Thursday, 10/26/06 at 9:00 a.m. Counsel remain with the Court. The parties are advised that the Court is considering a possible instruction with respect to polygraph testimony. Defense counsel discloses their witnesses who will testify tomorrow. 02:55 Court stands in recess. Case continued to:Thursday, 10/26/06 at 9AM for further trial.
CvTrlCont 1/1/94

JUDGE # 7014

Case 2:03-cv-02077-EHC

Document 134

Filed 10/25/2006

Page 1 of 1