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

Case 1:03-cv-00140-MSK-CBS Document 133 Filed 08/31/2005 IN THE UNITED S TATES DIS TRICT COURT FOR THE DIS TRICT OF COLORADO HONORABLE MARCIA S . KRIEGER Courtroom Deputy: M aureen Nelson Court Reporter: Paul Zuckerman Civil Action No. 03-cv-00140-M SK-CBS Parties: ZEBEDEE E. HALL, Plaintiff, v. CITY AND COUNTY OF DENVER, THE DENVER SWAT TEAM , [known and unknown] members of, SGT. BERDAHL #86059, TECH. CANINO #91041, TECH. GROTHE #95015, TECH. GILWORTH #89044, TECH. DELM ENICO #89029, TECH FOX #87026, TECH BRODEN #90026, TECH. M OEN #91027, TECH. LAURITA #83011, TECH. M CKIHHEN #86042, TECH. TITUS #93013, TECH. M EYER #89041, TECH. BRENNAN #95035, OFC. NEBEL #97015, and SGT. ORGAN #75033, Defendants. COURTROOM MINUTES HEARING: Bench Trial Day Two 10:06 a.m. Court in session. Stanley Sharoff David Bruno Counsel Appearing: Pro Se Date: August 31, 2005

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Witness sworn, for the plaintiff: S gt. Paul Berdahl : Direct Examination by M r. Hall. 10:08 a.m. EXHIBITS : Received: 8

The Court will recess due to technical difficulties with the video transmission. 10:47 a.m. 10:59 a.m. Court in recess. Court in session.

Continued direct examination of Sgt. Paul Berdahl by M r. Hall. Cross examination of Sgt. Paul Berbahl by M r. Bruno.

Case 1:03-cv-00140-MSK-CBS Courtroom M inutes Judge M arcia S. Krieger Page 2

Document 133

Filed 08/31/2005

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Redirect examination of Sgt. Paul Berbahl by M r. Hall. EXHIBITS : Rejected: 16

Witness sworn, for the plaintiff: Officer Matthew Canino : Direct Examination by M r. Hall. 11:44 a.m. Plaintiff rests. 11:54 a.m. 1:36 p.m. Court in recess. Court in session.

Representation by M r. Bruno correcting Sgt. Berdahl' testimony. s The defendant' move to dismiss pursuant to Rule 52 . s Response to motion to dismiss pursuant to Rule 52 by plaintiff. ORDER: The Court declines to rule on the oral motion to dismiss. The Court will rule on the evidence presented.

Closing argument by plaintiff. Closing argument by defendants. 2:24 p.m. 3:13 p.m. Court in recess. Court in session.

Ruling by the Court. Oral findings and conclusions of law are made of record and incorporated herein. ORDER: The Court enters judgment in favor of the defendants and against the plaintiff Zebedee E. Hall.

Written judgment to follow. 3:43 p.m. Court in recess.

Total Times: 2 hours 54 minutes Trial concluded.