Free Order on Motion to Supplement - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CIVIL TRIAL MINUTES

Phoenix Division
HON: SUSAN R. BOLTON CIV 03- 2373-PHX-SRB

Judge # 7026
DATE: 6/26/07

Andre Almond Dennison Plaintiff(s)

v. Conrad Luna, et al. Defendant(s) Kim Moll

Deputy Clerk: Maureen Williams Court Reporter: Andre Dennison (pro se) Plaintiff(s) counsel

Darrin DeLange with defendant Vince James Defense counsel

PROCEEDINGS:/ X /JURY TRIAL / /COURT TRIAL / X /VOIR DIRE / X /JURY SWORN

Trial Day #

1

Waiver of Jury trial filed

n/a

8:55 a.m. Jury panel not present. Unserved witnesses discussed. The Court advises plaintiff that his witness, Matthew Ritter, contacted the Court requesting to appear telephonically on June 27, 2007. Plaintiff and defense counsel advise the Court they have no objection. Discussion held re: witnesses that Plaintiff will be calling to testify today. The Court advises the witnesses present in the courtroom, with the exception of Neil Emore and Nathalie Nelson, that they are excused for today and shall appear tomorrow to testify. The Court reads the proposed statement of the case to the parties. Upon agreement of Plaintiff and defense counsel, IT IS ORDERED amending the case caption for trial purposes as follows: Andre Almond Dennison v. Vince James. Voir dire discussed. At the request of Plaintiff, the Court will allow Plaintiff's hands to be unrestrained during trial. 9:23 a.m. Recess. 9:43 a.m. Reconvene. Jury panel of 25 is seated and administered the oath. Voir dire commences. 10:52 a.m. Jury panel is excused from the courtroom, and court remains in session. Remainder of voir dire questions discussed. 10:59 a.m. Recess. 11:07 a.m. Reconvene. Jury panel present. Voir dire continues. 11:28 a.m. Jury panel is excused from the courtroom, and court remains in session. Plaintiff's challenge for cause regarding Juror #3 is argued to the Court. IT IS ORDERED denying Plaintiff's challenge. Without opposition by Plaintiff and defense counsel, the Court will excuse Juror #9. Plaintiff and defense counsel approve the preliminary jury instructions. 11:35 a.m. Recess. 11:54 a.m. Reconvene. Jury panel present. A jury of 8 is seated and administered the oath. The Court reads the preliminary jury instructions. 12:13 p.m. Jury is excused until 1:30 p.m., and court remains in session. The Court advises Plaintiff his in-custody witnesses, Andrew Love and Cameron Walker, are not in the courthouse as of this time but will allow Plaintiff time to speak with his witnesses prior to their taking the stand to testify. Motions discussed. Without opposition, IT IS ORDERED granting [doc. 182] Defendant's Motion to Supplement Witness List; without opposition, granting [doc. 185] Plaintiff's Motion in Limine re: Precluding Defendant from Referring to or Questioning Plaintiff and Prisoner Witnesses on Criminal Convictions; defense counsel withdraws [doc. 191] Defendant's Motion in Limine; denying [doc. 193] Defendant's Motion in Limine; granting [doc. 194] Plaintiff's Motion to Contact Witnesses. Plaintiff's Motion to Allow Plaintiff Witness Judith Houseley to Testify 2:03-cv-02373-SRB Document 234 Case Filed 06/26/2007 Page 1 of 2

Via the Telephone [doc. 231] will be addressed during trial. Stipulations in the approved Joint Proposed Pretrial Order. Discussion held re: plaintiff's witness Kathy Cooper. If defense counsel does not produce Kathy Cooper then defense counsel will have to waive any objection that Kathy Cooper's report is not authentic. 12:29 p.m. Recess. 1:34 p.m. Reconvene. Jury present. Opening statements. Plaintiff invokes the Rule of Exclusion of Witnesses and the following witnesses are sworn: Vince James, Neil Emore and Nathalie Nelson. Plaintiff's case: Neil Emore, having been sworn, is examined. Exhibits 4 and 3 are admitted. Witness being called out of order, Cameron Walker is sworn and examined. Witness is excused. 2:55 p.m. Recess. 3:14 p.m. Reconvene. Jury present. Neil Emore is examined further. Witness is excused. Andrew Love is sworn and examined. Witness is excused. Nathalie Nelson, previously sworn, is examined. Exhibit 5 is admitted. Witness is excused. 4:29 p.m. Jury is excused until 9:00 a.m., June 27, 2007, and court remains in session. Discussion held re: plaintiff's scheduled witnesses for June 27, 2007. Further discussion held re: witness Kathy Cooper. The Court directs defense counsel to prepare a stipulation regarding Kathy Cooper. 4:35 p.m. Court stands at recess until 9:00 a.m., June 27, 2007.

Case continued to: 6/27/07

for further trial.

Case 2:03-cv-02373-SRB

Document 234

Filed 06/26/2007

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