Mohammed v. Gonzales et al

Filing 388

MINUTE ENTRY for Bench Trial Day One held before Chief Judge Marcia S. Krieger on 5/5/2014. 343 Motion for Sanctions is DENIED as moot. Plaintiffs oral motion for sequestration of fact witnesses is GRANTED to the extent stated on the record. Witness testimony, exhibits received/refused and other matters addressed are set forth in the Minutes. Trial continues. Court Reporter: Terri Lindblom. (pglov)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CHIEF JUDGE MARCIA S. KRIEGER

Courtroom Deputy:
Court Reporter:

Patricia Glover
Terri Lindblom

Date: May 5, 2014

Civil Action No. 07-cv-02697-MSK-BNB
Parties:

Counsel:

KHALFAN KHAMIS MOHAMMED,

Paul Wolf

Plaintiff
v.
ERIC HOLDER, the U.S. Attorney General,
CHARLES E. SAMUELS, JR., Director of Federal
Bureau of Prisons,
DAVID BERKEBILE, ADX Warden,
HARRELL WATTS, Administrator of National
Inmate Appeals, and
FEDERAL BUREAU OF INVESTIGATION,

Susan Prose
Carlotta Wells

Defendants.
COURTROOM MINUTES
HEARING: Bench Trial - Day One
8:39 a.m.

Court in session

Plaintiff is present by video conference. Present for the defendants: Ted Schwartz and William
Callaghan from the FBI and Kyle Finney from the Department of Justice.
Preliminary matters addressed by the Court.
The Court addresses plaintiff’s Motion for Sanctions (Doc. #343)
Argument.
ORDER:

Plaintiff’s Motion for Sanctions (Doc. #343) is DENIED as moot.

The Court addresses plaintiff’s Second Motion in Limine (Doc. #352).
Argument.

Courtroom Minutes
Judge Marcia S. Krieger
Page 2
Ruling is reserved at this time on plaintiff’s Second Motion in Limine (Doc. #352).
The Court addresses Joint Motion to Exclude Expert Witness Testimony (Doc. #359).
No ruling will be made during the course of the trial on this motion.
The Court addresses Motion to Allow Trial Testimony (Doc. #387).
Argument.
Ruling is reserved as stated on the record.
The Court addresses defendant’s Motion in Limine (Doc. #367).
Argument.
The Court takes this motion under advisement.
Opening statement by Mr. Wolf for the plaintiff.
Opening Statement by Ms. Prose for the defendants.
Oral motion by plaintiff for sequestration of witnesses.
Argument.
ORDER:

Plaintiff’s oral motion for sequestration of fact witnesses is GRANTED to the
extent stated on the record.

Witness sworn for the plaintiff :Khalfan Khamis Mohammed:
10:04 a.m.
Direct Examination by Mr. Wolf.
10:33 a.m.
10:55 a.m.

Court in recess
Court in session

Continued direct examination of witness by Mr. Wolf.
EXHIBITS: Received:
Refused:
11:46 a.m.
1:05 p.m.

24

Court in recess
Court in session

The Court addresses evidentiary issues with counsel.
Continued direct examination of witness by Mr. Wolf.

Courtroom Minutes
Judge Marcia S. Krieger
Page 3
1:24 p.m.
1:30 p.m.

Court in recess
Court in session

Continued direct examination of witness by Mr. Wolf.
EXHIBITS: Received:
3:08 p.m.
3:32 p.m.

17, 15, 16, 163

Court in recess
Court in session

Continued direct examination of witness by Mr. Wolf.
EXHIBITS: Received:
Refused:

11, 12, 13, 27
19, 20, 21, 22, 23

The Court addresses evidentiary issues with counsel. Witness Philip Swabsin will testify by
video as set forth in the record.
4:48 p.m.

Court in recess.

Total Time: 5 hours 58 minutes.
Trial continued.