Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01394-GIVIS Document 229 Filed 05/22/2006 Page 1 of 3
ATTORNEYS AND COUNSELLORS AT LAW
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May 22, 2006 Via CM/ECF Filing
The Honorable Gregory M. Sleet
United States District Court
District of Delaware
844 King Street
Wilmington, DE 19801
RE: Conley V. Chaffinch, et al., Civil Action No. 04-1394-GMS
Defense Witness Identifications
Dear Judge Sleet:
At the Pretrial Conference held on May 10, 2006, the Court made several rulings with regard
to the issue of an alleged relationship between Captain Conley and Captain Dixon. The Court
permitted "a limited inquiry into the issue of bias" by defendants. (Pretrial Transcript at 81, 102).
However, the defendants were limited to one witness per category of evidence as set forth by
defendants. The Court also permitted defendants to submit to plaintiff which witness they wanted to
testify per category by Monday, May 15, 2006. Plaintiff received defendants identified witnesses but
the identification does not comply with the letter or spirit of the Court’s ruling.
Defendants named four categories of testimony regarding this alleged relationship: 1) alleged
physical conduct between plaintiff and Captain Dixon, 2) statements by Barbara Conley, 3) plaintiff and
Captain Dixon being behind closed doors, and 4) daily phone calls between them. (Pretrial; 84, 95-96,
99). The Court gave defendants "one witness" per category. (Pretrial Transcript at 102). Yet in
defendants’ May 15th submission, they identified multiple witnesses with regard to three of the four
categories. Specifically, defendants identified five witnesses to testify about phone calls - Carole
Warnock, Lt. John Campanella, Lt. Curtis Brown, Lt. Mark Rust and Sgt. Rodney Workman. (Tab
A). Defendants identified two witnesses to testify about being behind closed doors - Tammy Hyland
and Capt. Shamany. (Id.). Defendants identified four witnesses to testify to statements - Carole
Warnock, Tammy Hyland, Lt. Campanella, and Lt. Mark Rust.