Johnson v. Arapahoe County Sheriff's Department et al

Filing 122

Minute Entry for Jury Trial - Day One held on 2/22/2010 before Judge Robert E. Blackburn. Jury selected. Evidence entered. ORDERED: 107 Motion To Permit a Telephone/Video Teleconferrence of Wittness [sic] is DENIED. (Court Reporter: Suzanne Claar) (rebcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Date: Deputy Clerk: Court Reporter: Civil Action No. Parties: EDUARDO A. JOHNSON, Plaintiff, v. MARK ORTLER, Officer, Defendant. COURTROOM MINUTES Jury Trial - Day One 8:54 a.m. Court in session Lana Rupprecht Breena Meng February 22, 2010 Nel Steffens Suzanne Claar 07-cv-02096-REB-KMT Counsel: Pro Se

Appearances of counsel. Plaintiff is present. Jury panel is not present. Opening statements by the court. The court addresses the plaintiff's Motion To Permit a Telephone/Video Teleconferrence of Wittness [sic] [#107] filed February 5, 2010. Court's findings and conclusions. IT IS ORDERED as follows: 1. That the plaintiff's Motion To Permit a Telephone/Video Teleconferrence of

Wittness [sic] [#107] filed February 5, 2010, is DENIED. Court's sequestration order is in effect. 9:01 a.m. 9:13 a.m. Court in recess. Court in session.

Jury panel present; 15 jurors seated in the jury box prior to Court calling case. 9:15 a.m. 9:17 a.m. 9:18 a.m. Civil voir dire oath administered to jury panel. Voir dire by court commences. Plaintiff introduces himself and his wife who is also seated at plaintiff's table. Ms. Rupprecht introduces defendant and defendant's counsel.

Voir dire by court continues. 10:31 a.m. 10:44 a.m. Court in recess. Court in session.

Jury panel is present. 10:45 a.m. 10:48 a.m. 11:09 a.m. Voir dire by Plaintiff. Voir dire by Ms. Rupprecht. Continued voir dire by the court.

Peremptory Challenges by Plaintiff: 1. 100190200 2. 100161587 3. 100197804 Peremptory Challenges by Defendant: 1. 100163574 2. 100194056 3. 100165603 11:20 a.m. Civil jury oath administered.

Nine Jurors Sworn to Try the Case: 1. 100189071 2. 100170587 3. 100177345 4. 100176458 5. 100191586 6. 100165777 7. 100184730 8. 100172701 9. 100172744 11:25 a.m. 11:35 a.m. Court in recess. Court in session.

Court gives initial instructions to jury. 12:00 p.m. 1:18 p.m. Court in recess. Court in session.

Jury is not present. 1:20 p.m. Jury is present.

Exhibits Admitted: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 1:20 p.m. 1:23 p.m. 1:31 p.m. Opening statement by Plaintiff. Opening statement by Ms. Rupprecht. Plaintiff's witness, Tammy Twombly, called and sworn.

Direct examination by Plaintiff. 1:59 p.m. 2:03 p.m. 2:04 p.m. 2:05 p.m. Cross examination by Ms. Rupprecht. Re-direct examination by Plaintiff. Witness is excused and released from subpoena, if any. Plaintiff calls Defendant who is sworn.

Direct examination by Plaintiff. 2:24 p.m. Cross examination by Ms. Rupprecht.

2:37 p.m. 2:38 p.m.

Defendant is excused from the witness stand. Plaintiff's witness, Ronald Luton, called and sworn.

Direct examination by Plaintiff. 3:05 p.m. 3:16 p.m. 3:36 p.m. Cross examination by Ms. Rupprecht. Court in recess. Court in session.

Witness Luton resumes witness stand. Re-direct examination by Plaintiff. 3:40 p.m. 3:42 p.m. Witness is excused and released from subpoena. Plaintiff's witness, Gaela Oster, called and sworn.

Direct examination by Plaintiff. 4:04 p.m. 4:16 p.m. 4:17 p.m. 4:18 p.m. Cross examination by Ms. Rupprecht. Re-direct examination by Plaintiff. Witness is excused and released from subpoena. Plaintiff's witness, Ray Torrez, called and sworn.

Direct examination by Plaintiff. 4:42 p.m. 4:51 p.m. 4:53 p.m. 4:54 p.m. 4:56 p.m. Cross examination by Ms. Rupprecht. Re-direct examination by Plaintiff. Witness is excused and released from subpoena. Court advises jury regarding admonitions of trial. Trial will resume at 8:30 a.m. tomorrow. Court in recess.

Total time in court: 05:49 Trial continued.