Free Bench Trial - Held - 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 DATE: 2/23/06 CIV 02-1056-PHX-SRB Year Case No. Dft #

Judge # 7026

T.C. Mullins v. Dora Schriro, et al. Plaintiff(s) Defendant(s) T.C. Mullins (pro se) Plaintiff(s) counsel Susanna Pineda and Catherine Bohland Defense counsel

===================================================================================== CIV 03-1393-PHX-SRB Year Case No. Dft #

Isadore Baptisto v. Dora Schriro, et al. Plaintiff(s) Defendant(s) Isadore Baptisto (pro se) Plaintiff(s) counsel Susanna Pineda and Catherine Bohland Defense counsel

===================================================================================== CIV 03-1498-PHX-SRB Year Case No. Dft #

Christian Diaz v. Dora Schriro, et al. Plaintiff(s) Defendant(s) Christian Diaz (pro se) Plaintiff(s) counsel Susanna Pineda and Catherine Bohland Defense counsel

============================================================================== Deputy Clerk: Maureen Williams Court Reporter: Kim Moll
PROCEEDINGS:/ /JURY TRIAL / X /COURT TRIAL / /VOIR DIRE / /JURY SWORN

Trial Day #

2

Waiver of Jury trial filed

n/a

9:05 a.m. Reconvene. Plaintiffs' case (continued): Marvel Morrison is sworn and examined. Witness is excused. Isadore Baptisto is sworn and examined. 10:31 a.m. Recess.
Case 2:03-cv-01498-SRB Document 99 Filed 02/23/2006 Page 1 of 2

10:46 a.m. Reconvene. Isadore Baptisto is examined further. Exhibit 99 (video tape) is viewed. Exhibits 75C and 99 are admitted. Gerald Katafiasz is sworn and examined. 11:56 a.m. Recess. 1:21 p.m. Reconvene. For reasons as stated on the record, Plaintiff Mullins' oral motion to strike the testimony of Gerald Katafiasz is denied. Gerald Katafiasz is examined further. Witness is excused. T.C. Mullins is sworn and testifies. Christian Diaz is sworn and examined. Exhibit 100 (video tape) is viewed. The Court advises Plaintiff Mullins that the Court will consider the deposition of Terry Stewart due to plaintiff not receiving the Court's 2/16/06 order directing the plaintiff to re-serve the subpoena. At the request of defense counsel, the entire deposition of Terry Stewart will be provided to the Court by defense counsel to review along with Plaintiff's Exhibit 2 (excerpts of Terry Stewart's deposition). 2:35 p.m. Recess. 2:50 p.m. Reconvene. Plaintiffs' exhibits discussed. Exhibits 2, 3 and 58 through 62 and 98 are admitted. Plaintiffs rest. Defense counsel's oral Motion pursuant to Rule 50 is stated on the record. The Court takes the motion under advisement and argument to be presented at a later time. Defendants' case: Samuel Sublett is sworn and examined. Witness is excused. Randy Hubbard is sworn and examined. Exhibit 102 is admitted. Witness is excused. Exhibit 103 is admitted. 4:10 p.m. Court stands at recess until 9:00 a.m., 2/24/06.

Case continued to:

2/24/06

for further trial.

Case 2:03-cv-01498-SRB

Document 99

Filed 02/23/2006

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