Free Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-01050-MSK-PAC

Document 43-3

Filed 10/04/2005

Page 1 of 1

FARRY and RECTOR, L.L.P.
ATTORNEYS AT LAW Edward T. Farry, Jr. Terry E. Rector 131 South Weber Street Colorado Springs, Colorado 80903 719-578-2000 Facsimile: 719-578-1794 Leo W. Rector (1920-1995)

From the Office of: Edward T. Farry, Jr. [email protected]

Delivered Via U.S. Mail Nicky Smith-Bey DOC #98861 Sterling Correctional Facility P.O. Box 6000 Sterling CO 80751 RE:

September 7, 2005

Kelly R. Moss, Paralegal [email protected]

Smith-Bey v. Gibson, et al. US District Court Case Number 04-cv-1050-MSK-PAC Alpha: OC ST LAAOY Our File No.: 95005-128

Dear Mr. Smith-Bey: With regard to the above referenced matter, enclosed please find documents, and one cassette tape relating to your requests for production. Upon request of the tape-recorded "Use of Force Hearing" and "COPD hearing," I was informed that cassette tapes are regulated by the correctional facility, and not typically provided to inmates. However, I was told you would have access to the tape for listening for a specified period of time. Please be aware that the included tape will be subject to regulations, and any questions about the regulations should be directed to the appropriate facility staff. A delay in our receipt of these documents due to a mistake by FedEx resulted in delayed delivery to you. Thank you for your attention to this matter. Should you have any questions please do not hesitate to contact me or Ed Farry directly. Sincerely, FARRY and RECTOR, L.L.P. Kelly R. Moss Paralegal to Edward T. Farry, Jr. /krm enclosures