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

Case 1:02-cv-02260-ZLW-MJW

Document 91

Filed 07/11/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk July 11, 2005 Darlene Martinez, Court Reporter LaDonne Bush, Deputy Clerk Civil Action No. 02-cv-02260-ZLW-MJW CYNTHIA A. SEARCY, Plaintiff, v. JORDAN E. HAMBURGER, Defendant. Deana R. Dagner Steven A. Shapiro Katherine Karamalegos

COURTROOM MINUTES

Trial to Jury - Day One 9:50 a.m. Court in session.

Jury panel not present. Court instructs counsel that all exhibits must be marked. Discussion regarding motions. ORDERED: Defendant's motion to reconsider is denied. Court states that the power point presentation shall not be shown. Court reiterates that there shall be no surprises. ORDERED: With regard to the Motion To Request An Offset Of Any Potential Jury Award (#89), filed July 8, 2005, the Court will deduct what is necessary if there is a verdict for Plaintiff.

Case 1:02-cv-02260-ZLW-MJW

Document 91

Filed 07/11/2005

Page 2 of 3

Discussion regarding voir dire. Ms. Dagner withdraws the Motion To Exclude Testimony Of Vanessa Handy. ORDERED: Motion To Exclude Testimony Of Vanessa Handy (#88), filed July 8, 2005, is withdrawn. ORDERED: Motion To Exclude Testimony Of Kate Dussault (#86), filed July 8, 2005, is granted in part and denied in part. Discussion regarding the scope of the police officer' testimony. s Discussion regarding voir dire. 10:46 a.m. Jury panel present.

Court' preliminary comments. s Participants introduced and lists of witnesses read to the jury panel. Jury sworn for voir dire. Fourteen jurors called to the jury box. 11:07 a.m. 11:19 a.m. Court in recess. Court in session.

Voir dire by the Court. Juror No. 56062 excused for cause. 12:33 p.m. 1:42 p.m. Court in recess. Court in session.

Continued voir dire. Plaintiff' challenges: Juror Nos. 44355, 78387, 72219 s Defendant' challenges: Juror Nos. 73030, 64830, 69384 s 2:10 p.m. Eight jurors sworn to try the case: Juror Nos. 41329, 71300, 40316, 72678, 63630, 76244, 75684, 76991

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Case 1:02-cv-02260-ZLW-MJW

Document 91

Filed 07/11/2005

Page 3 of 3

Court' preliminary instructions to the jury. s 2:19 p.m. 2:31 p.m. Opening statement by Mr. Shapiro. Opening statement by Ms. Dagner.

Jury excused. Plaintiff' Exhibits 1 through 7, 9 through 20, 21a, 22, 23, 24, 25, 26, 33A-E, 34A-J, s 35A-E, 36A-G, 37, 38, 42, 57, 63A-D received. Defendant' Exhibit AF is withdrawn. s Discussion regarding the testimony of Dr. Freeman. 3:04 p.m. 3:10 p.m. Jury present. Plaintiff sworn. Direct examination of Plaintiff by Mr. Shapiro. 4:01 p.m. Plaintiff' witness, Arthur Schlunsen, sworn. s Court in recess. Court in session.

Direct examination of Sgt. Schlunsen by Ms. Karamalegos. All 13 pages of Plaintiff' Exhibit 2 are admitted. s 4:28 p.m. 4:41 p.m. 4:46 p.m. 5:00 p.m. Cross examination of Sgt. Schlunsen by Ms. Dagner. Redirect examination of Sgt. Schlunsen by Ms. Karamalegos. Continued direct examination of Plaintiff by Mr. Shapiro. Court in recess.

Total time in court: 05:33. Trial continued.

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