Free Objections - District Court of Colorado - Colorado

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

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Filed 09/19/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-01041-PSF-BNB UNITED STATES OF AMERICA, Plaintiff, v. DAVID B. ST. GERMAIN, and RANDY OVERLEY, Defendants.

Defendant Overley's Objections to Joint Trial Exhibits

The defendant Randy Overley, through his attorneys, Haddon, Morgan, Mueller, Jordan, Mackey & Foreman, P.C., objects to plaintiff's trial exhibits as set forth below. Mr. Overley on September 8, 2005, filed objections to plaintiff's trial exhibits. Subsequently, the parties combined their respective exhibits into the Joint Trial Exhibits. These objections are lodged as to the Joint Trial Exhibits. Depending on the purpose for which plaintiff offers the trial exhibits, Mr. Overley may interpose additional objections.

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1. Trial Exhibit 3. This exhibit compiles miscellaneous documents, primarily from probation officers. Mr. Overley objects as follows: a. T00675 (page 1): hearsay. b. T00678 (page 4): hearsay; foundation. 2. Trial Exhibit 4. This trial exhibit contains miscellaneous documents relating to the log home. Mr. Overley objects as follows: a. U00631 (page 1): authenticity; Fed. R. Evid. 1002. b. T01325 (page 18): authenticity; Fed. R. Evid. 1002. 3. Trial Exhibit 5. This trial exhibit contains miscellaneous documents relating to the log home. Mr. Overley objects as follows: a. T01355, T00618-22 (pages 19-24): relevance; hearsay. b. T00635 (page 27): hearsay. c. T00653 (page 35): authenticity; foundation. d. T00655-59 (pages 37-41): relevance. e. T00660-73 (pages 42-55): relevance; authenticity; foundation. f. T01326-27 (pages 1-2 and pages 56-57): hearsay.

g. T01329 (page 3 and page 58): hearsay.

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h. T01330 (page 4 and page 59): hearsay; authenticity; foundation; Fed. R. Evid. 1002. i. T01337-41 (pages 11-15): authenticity; Fed. R. Evid. 1002.

4. Trial Exhibit 6. This trial exhibit contains numerous checks and miscellaneous documents relating to "Durant, Inc." Mr. Overley objects as follows: a. U00538-58 (pages 1-21): relevance; hearsay; authenticity; foundation; Fed. R. Evid. 1002. b. U00580 (page 22): relevance; hearsay; authenticity; foundation; Fed. R. Evid. 1002. c. U00581-82 (pages 23-24): relevance; authenticity; foundation. d. U00583-85 (pages 25-27): relevance; hearsay; authenticity; foundation; Fed. R. Evid. 1002. e. U00586-88 (pages 28-30): relevance; hearsay; authenticity; foundation; Fed. R. Evid. 1002. 5. Trial Exhibit 7. a. G002, U00953-54 (pages 1-3): hearsay; authenticity; Fed. R. Evid. 1002.

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b. U00955-62 (pages 4-11): hearsay; authenticity; foundation; Fed. R. Evid. 1002. c. U00963 (page 12): hearsay; authenticity; foundation; Fed. R. Evid. 1002. d. U00964 (page 13): hearsay; authenticity; foundation. e. U00965-67 (pages 14-16): hearsay; authenticity; foundation.; Fed. R. Evid. 1002. f. U00968-73 (pages 17-22): hearsay; authenticity; foundation.

g. U00974 (page 23): hearsay; authenticity; foundation; Fed. R. Evid. 1002. h. U00975 (page 24): hearsay; authenticity. i. U00978-79 (pages 27-28): hearsay; authenticity; foundation; Fed. R. Evid. 1002. j. U00980-81 (pages 29-30): hearsay; authenticity; Fed. R. Evid. 1002. k. U00982-89 (pages 31-38): hearsay; authenticity; Fed. R. Evid. 1002. l. U00990 (page 39): hearsay; authenticity; Fed. R. Evid. 1002.

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m. U00991 (page 40): relevance; hearsay; authenticity; Fed. R. Evid. 1002. n. U00992 (page 41): relevance; hearsay. o. U00993-94 (pages 42-43): hearsay; authenticity; Fed. R. Evid. 1002. p. U00995-96 (pages 44-45): hearsay; authenticity; Fed. R. Evid. 1002. 6. Trial Exhibit 11. Mr. Overley objects as follows: relevance. 7. Trial Exhibit 12. Mr. Overley objects as follows: authenticity. 8. Trial Exhibit 13. Mr. Overley objects as follows: authenticity. 9. Trial Exhibit 14. Mr. Overley objects to the last two pages of the trial exhibit as follows: relevance. 10. Trial Exhibit 15. Mr. Overley objects as follows: relevance;

hearsay; authenticity; foundation. 11. Trial Exhibit 16. Mr. Overley objects as follows: relevance;

hearsay; authenticity; foundation. 12. Trial Exhibit 17. Mr. Overley objects as follows: authenticity;

Fed. R. Evid. 1002.
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13.

Trial Exhibit 18. Mr. Overley objects as follows: relevance;

hearsay; authenticity; foundation. 14. Trial Exhibit 20. Mr. Overley objects as follows: relevance;

hearsay; foundation. 15. foundation. 16. foundation. 17. Trial Exhibit 30. This exhibit compiles excerpts from notes of Trial Exhibit 22. Mr. Overley objects as follows: authenticity; Trial Exhibit 21. Mr. Overley objects as follows: authenticity;

numerous probation officers from the United States Probation Offices in Colorado and Massachusetts. The full notes have never been produced to the parties. Mr. Overley objects as follows: authenticity; lack of completeness; hearsay; foundation; Fed. R. Evid. 106 & 1002. 18. 19. Trial Exhibit 31. Mr. Overly objects at follows: foundation. Trial Exhibit 65. Mr. Overley objects as follows: hearsay;

authenticity; Fed. R. Evid. 1002.

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Dated: September 19, 2005. Respectfully submitted, HADDON, M ORGAN, M UELLER, JORDAN, M ACKEY & FOREMAN, P.C.

s/ Ty Gee Ty Gee 150 East 10th Avenue Denver, CO 80203 (303) 831-7364 facsimile (303) 832-2628 Attorneys for Defendant Randy Overley

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Certificate of Service I hereby certify that on September 19, 2005, I electronically filed the foregoing Defendant Overley's Objections to Joint Trial Exhibits with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following: Christopher Alberto, Esq. Special Attorney for the United States United States Attorney's Office 1 Courthouse Way, Suite 9200 Boston, MA 02210 [email protected] s/ Jennifer Bell I hereby certify that I have served Defendant Overley's Objections to Joint Trial Exhibits to the following non-CM/ECF participant via U.S. Mail: David B. St. Germain 16300 Ledgemont Lane, Unit 2504 Addison, TX 75001 s/ Jennifer Bell

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