Free Amended Document - District Court of Colorado - Colorado

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

Document 107

Filed 09/06/2005

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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 Plaintiff's 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. Depending on the purpose for which plaintiff offers the trial exhibits, Mr. Overley may interpose additional objections. 1. Plaintiff's Trial Exhibit 2. This exhibit compiles excerpts from notes of numerous probation officers from the United States Probation Offices in Colorado and Massachusetts. The full notes have never been produced to the

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parties. Mr. Overley objects as follows: authenticity; lack of completeness; hearsay; foundation; Fed. R. Evid. 106 & 1002. 2. Plaintiff's Trial Exhibit 3. This exhibit compiles miscellaneous documents, primarily from probation officers. Mr. Overley objects as follows: a. T00675: hearsay. b. T00678: hearsay; foundation. c. T00794-800: hearsay; authenticity; Fed. R. Evid. 1002. 3. Plaintiff's Trial Exhibit 4. This trial exhibit contains miscellaneous documents relating to the log home. Mr. Overley objects as follows: a. U00631: authenticity; Fed. R. Evid. 1002. b. T01323-24: foundation. c. T01325: authenticity; Fed. R. Evid. 1002. d. T01326-27: hearsay. e. T01329: hearsay. f. T01330: hearsay, authenticity; Fed. R. Evid. 1002.

g. T01342-43: hearsay. h. T01346-47: hearsay. i. T01353-54: hearsay; relevance; foundation.

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4. Plaintiff's Trial Exhibit 5. This trial exhibit contains miscellaneous documents relating to the log home, much of which is duplicative of plaintiffs' trial exhibit number 4. Mr. Overley objects as follows: a. T00615-22: relevance; hearsay. b. T00624-25: hearsay. c. T00632-33: hearsay. d. T00635: hearsay. e. T00643-47: authenticity; Fed. R. Evid. 1002. f. g. T00648-50: foundation. T00652: authenticity; Fed. R. Evid. 1002.

h. T00653: authenticity; foundation. i. j. T00655-59: relevance. T00660-73: relevance; authenticity; foundation.

k. T01326-27: hearsay. l. T01329: hearsay.

m. T01330: hearsay; authenticity; foundation; Fed. R. Evid. 1002. n. T01337-41: authenticity; Fed. R. Evid. 1002. o. T01342-43: hearsay.

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p. T01346-47: hearsay. q. T01353-54: relevance; hearsay; foundation. r. U1536: hearsay; authenticity; foundation; Fed. R. Evid. 1002.

5. Plaintiff's Trial Exhibit 6. This trial exhibit contains numerous checks and miscellaneous documents relating to "Durant, Inc." Mr. Overley objects as follows: a. U00538-58: relevance; hearsay; authenticity; foundation; Fed. R. Evid. 1002. b. U00580: relevance; hearsay; authenticity; foundation; Fed. R. Evid. 1002. c. U00581-82: relevance; authenticity; foundation. d. U00583-85: relevance; hearsay; authenticity; foundation; Fed. R. Evid. 1002. e. U00586-88: relevance; hearsay; authenticity; foundation; Fed. R. Evid. 1002. 6. Plaintiff's Trial Exhibit 7. a. U00952-54: hearsay; authenticity; Fed. R. Evid. 1002. b. U00955-62: hearsay; authenticity; foundation; Fed. R. Evid. 1002.

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c. U00963: hearsay; authenticity; foundation; Fed. R. Evid. 1002. d. U00964: hearsay; authenticity; foundation. e. U00965-67: hearsay; authenticity; foundation.; Fed. R. Evid. 1002. f. U00968-73: hearsay; authenticity; foundation.

g. U00974: hearsay; authenticity; foundation; Fed. R. Evid. 1002. h. U00975: hearsay; authenticity. i. j. U00978-79: hearsay; authenticity; foundation; Fed. R. Evid. 1002. U00980-81: hearsay; authenticity; Fed. R. Evid. 1002.

k. U00982-89: hearsay; authenticity; Fed. R. Evid. 1002. l. U00990: hearsay; authenticity; Fed. R. Evid. 1002.

m. U00991: relevance; hearsay; authenticity; Fed. R. Evid. 1002. n. U00992: relevance; hearsay. o. U00993-94: hearsay; authenticity; Fed. R. Evid. 1002. p. U00995-96: hearsay; authenticity; Fed. R. Evid. 1002. 7. Plaintiff's Trial Exhibit 8.C. Mr. Overley objects as follows: hearsay; authenticity; Fed. R. Evid. 1002.

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8. Plaintiff's Trial Exhibit 8.E. Mr. Overley objects as follows: relevance. 9. Plaintiff's Trial Exhibit 8.F. Mr. Overley objects as follows: authenticity. 10. authenticity. 11. Plaintiff's Trial Exhibit 8.H. Mr. Overley objects to the last Plaintiff's Trial Exhibit 8.G. Mr. Overley objects as follows:

two pages of the trial exhibit as follows: relevance. 12. Plaintiff's Trial Exhibit 8.I. Mr. Overley objects as follows:

relevance; hearsay; authenticity; foundation. 13. Plaintiff's Trial Exhibit 8.J. Mr. Overley objects as follows:

relevance; hearsay; authenticity; foundation. 14. Plaintiff's Trial Exhibit 8.K. Mr. Overley objects as follows:

authenticity; Fed. R. Evid. 1002. 15. Plaintiff's Trial Exhibit 8.L. Mr. Overley objects as follows:

relevance; hearsay; authenticity; foundation. 16. Plaintiff's Trial Exhibit 9. Mr. Overley objects as follows:

relevance; hearsay; foundation.
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17.

Plaintiff's Trial Exhibit 10. Mr. Overley objects as follows:

hearsay; authenticity; foundation. 18. Plaintiff's Trial Exhibit 11. Mr. Overley objects as follows:

relevance; hearsay. 19. Plaintiff's Trial Exhibit 12. Mr. Overley objects as follows:

authenticity; foundation. 20. Plaintiff's Trial Exhibit 13. Mr. Overley objects as follows:

authenticity; foundation. Dated: September 6, 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 6, 2005, I electronically filed the foregoing Defendant Overley's Objections to Plaintiff's 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 Plaintiff's 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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