Free Bench Trial - Completed - District Court of Colorado - Colorado

Case 1:03-cv-01041-PSF-BNB

Document 122

Filed 09/21/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE PHILLIP S. FIGA Courtroom Deputy: Valeri P. Barnes Court Reporter: Darlene Martinez Date: September 21, 2005

Civil Action No. 03-cv-01041-PSF-BNB

Parties: UNITED STATES OF AMERICA, Plaintiff, v. DAVID B. ST. GERMAIN, and RANDY OVERLEY, Defendants.

Counsel: Christopher Alberto

Pro se Ty Gee

_____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ HEARING: Court Trial, Day Three 8:05 a.m. Court in session.

Also present: Michael Wilson. Exhibit admitted by stipulation: 32. Witness sworn for the plaintiff: RANDY OVERLEY: 8:15 a.m. Continued direct examination. 9:04 a.m. Cross-examination. 9:49 a.m. 10:08 a.m. Court in recess. Court in session.

Witness sworn for the plaintiff: LARRY D. OVERLEY: (out of order)

Case 1:03-cv-01041-PSF-BNB

Document 122

Filed 09/21/2005

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10:14 a.m. 10:20 a.m. 10:22 a.m. 10:28 a.m.

Direct examination. Cross-examination. Redirect examination. Witness excused.

Witness sworn for the defendant: SCOTT R. LAMBERT: (out of order) 10:31 a.m. Direct examination. 10:44 a.m. Cross-examination. 11:09 a.m. Redirect examination. 11:11 a.m. Witness excused. Witness for the plaintiff: RANDY OVERLEY: 11:12 a.m. Continued cross-examination. 11:30 a.m. Redirect examination. Exhibit admitted: 43. 12:06 p.m. Witness excused. Plaintiff rests. 12:08 p.m. 1:35 p.m. Court in recess. Court in session.

Witness sworn for the defendant: JOHN BUTLER: 1:38 p.m. Direct examination. 1:41 p.m. Voir dire examination. Received as an expert in economics. 1:46 p.m. Continued direct examination. 1:57 p.m. Cross-examination. 2:02 p.m. Witness excused. Witness sworn for the defendant: SHANE HAND: 2:04 p.m. Direct examination. 2:14 p.m. Cross-examination. Exhibit admitted: 72. 2:22 p.m. Witness excused. Witness sworn for the defendant: JIM POWER: 2:23 p.m. Direct examination. Admitted as an expert in real estate appraisals. 2:37 p.m. Cross-examination. 2:42 p.m. Witness excused. 2:43 p.m. 2:52 p.m. Court in recess. Court in session. 2

Case 1:03-cv-01041-PSF-BNB

Document 122

Filed 09/21/2005

Page 3 of 3

Court accepts the stipulation of the parties as to the testimony of Mr. Harold McCloud. Exhibit admitted: 63. Defendants rest. Closings. 3:56 p.m. 4:36 p.m. ORDER: Court in recess. Court in session. 1) Plaintiff is hereby subject to a constructive trust on the property located at 975 Castlewood Drive, Franktown, Colorado, of which Defendant Randy Overley is the trustee for the benefit of plaintiff and the claim it represents for the creditor of the restitution order against Defendant St. Germain. Plaintiff shall have an equitable judgment lien on the referenced property, in the principal amount of $75,397.00, plus interest at the rate of 8% per annum compounded annually from January 15, 2000 to the date of judgment. Plaintiff shall have its costs under Rule 54(d)(1), F.R.Civ.P. Judgment shall enter accordingly.

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5:30 p.m. Court in recess/hearing concluded. Total in-court time: 6:50.

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