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: 10/24/06 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 4 OF CIVIL JURY TRIAL 08:52 Court convenes with the parties out of the presence of the jury. Discussion held regarding telephonic testimony of Dr. Robert Grosse. 08:59 Recess taken. 09:16 Court reconvenes with the parties, the jury enters. PLAINTIFFS CASE CONTINUES: Dr. Robert Grosse is sworn and testifies telephonically. Exhibit 9 is admitted. The witness is excused. 09:47 Robert Gant is sworn and direct examination begins. Exhibits 4(a) and 14 are admitted. Exhibit 24 is moved, defense objects. 10:17 the jury is recessed until 10:40 am. The Court remains with counsel and hears argument on defendants' objection. 10:20 Recess taken. 10:39 Court reconvenes, trial resumes with Robert Gant further testifying on direct examination. Exhibit 24 admitted. On cross examination the following exhibits are admitted: 108, 110,115,119,120 and 162. 11:45 Recess taken. 01:11 Court reconvenes, Robert Gant resumes testifying on cross examination. Exhibits 135 and 146 are admitted. Re-direct examination and the witness is excused. 02:03 The jury is excused until 2:30 p.m. A recess is taken until 2:13 02:13 The Court reconvenes with the parties out of the presence of the jury. Exhibit 153 is discussed. Plaintiff objects to the admission of the exhibit and requests that the Court view it prior to its introduction. The Court sustains the objection at this time, pending defense offering it during their case. Defense tenders a written motion for judgment as matter of Law. Plaintiff having no response, the motion is taken under advisement. FURTHER, with respect to the video, defense can present or offer in their case. The jury enters. DEFENDANTS CASE: Roger Lee Vanderpool is sworn and examined. Exhibits 109 and 140 admitted. 03:50 The Court admonishes the jury who are in recess until Wednesday, 10/25/06 at 9 AM. Counsel to meet with the Court at 8:45 AM, Wednesday, 10/25/06. JUDGE #7014

Case 2:03-cv-02077-EHC

Document 133

Filed 10/24/2006

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