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

Case 1:03-cv-00140-MSK-CBS Document 131 Filed 08/30/2005 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 One 8:40 a.m. Court in session. Stanley Sharoff David Bruno Counsel Appearing: Pro Se Date: August 30, 2005

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Opening remarks by the Court. Request by the plaintiff to appear in court in person. Court will recess to fix technical difficulties. 8:47 a.m. 8:58 a.m. Court in recess. Court in session.

Plaintiff repeats his request to appear in court in person. Defendants stipulate to authenticity of faxed exhibits.

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

Document 131

Filed 08/30/2005

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The plaintiff's request that the Court treat facts as determined the defendants did not oppose them in their response to a motion for summary judgment is denied. Plaintiff' request to be present in the courtroom in person is denied. s

Oral motion by defendant' to sequester non-party witnesses. s No objection by the plaintiff. ORDER: Non-party witnesses shall be sequestered.

Opening statement by the plaintiff. Opening statement by M r. Sharoff. Witness sworn, for the plaintiff: Cassandra Hall: Direct Examination by M r. Zebedee Hall 9:37 a.m. Cross examination of M s. Hall by M r. Sharoff. EXHIBITS : Received: 6

Redirect examination of M s. Hall by M r. Hall. 10:29 a.m. 11:12 a.m. Court in recess. Court in session.

The defendant' request the court make a preliminary determination of the competency of s witness Zeidra Hall, a minor. The Court asks everyone but counsel to leave the courtroom. The Court questions Zeidra Hall to determine her ability to testify. ORDER: Zeidra Hall will be allowed to testify. The Court will receive the evidence giving it whatever weight it deserves.

The parties stipulate to having Zeidra Hall testify with only counsel present. Witness sworn, for the plaintiff: Zeidra Hall: Direct Examination by M r. Zebedee Hall 11:44 a.m. 11:59 a.m. 1:11 p.m. Court in recess. Court in session.

Witness sworn, for the plaintiff: Zebedee Hall: Direct testimony by M r. Hall. 1:11 p.m. Cross examination of M r. Hall by M r. Bruno. Witness sworn, for the plaintiff: Officer Robert Organ: Direct Examination by M r. Zebedee Hall 1:28 p.m. EXHIBITS : Rejected: 13 Cross examination of Officer Organ by M r. Sharoff.

Case 1:03-cv-00140-MSK-CBS Courtroom M inutes Judge M arcia S. Krieger Page 3 EXHIBITS : Received: 7, 5

Document 131

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Redirect examination of Officer Organ by M r. Hall. Request by the defendants to have only the officers that will testify present in the courtroom for the rest of the trial. No objection by the defendant. 2:48 p.m. Court in recess.

Total Times: 4 hours 2 minutes Trial continued