09/27/2013 Motion Event ID: MOTION TO QUASH SUBPOENA DUCES TECUM FILED BY THE OFFICE OF ATTORNEY GENERAL STD /30/2013 /REB

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1 REDACTED 09/27/2013 Motion Event ID: MOTION TO QUASH SUBPOENA DUCES TECUM FILED BY THE OFFICE OF ATTORNEY GENERAL STD /30/ /27/2013 Objection Event ID: DEF/ HOLMES, JAMES EAGAN DEFENDANTS OBJECTION TO PROSECUTIONS NOTICE OF EVIDENCE BEST CHARACTERIZED AS RES GESTAE PURSUANT TO COURT ORDER [D-073] ***SUPPRESSED***** SUPPRESSED ENVELOPE #39 STD /30/ /27/2013 Response Event ID: DEF/ HOLMES, JAMES EAGAN RESPONSE TO COURT ORDER D-82A REGARDING JURY QUESTIONNARE **********SUPPRESSED******* SUPPRESSED ENVELOPE #40 STD /27/ /27/2013 Reply Event ID: DEF/ HOLMES, JAMES EAGAN REPLY TO PROSECUTIONS RESPONSE TO DEFENSE MOTION FOR SANCTIONS FOR PROSECUTIONS FAILURE TO PROVIDE DISCOVERY IN A TIMELY FASHION [D-136] STD /30/ /27/2013 Reply Event ID: DEF/ HOLMES, JAMES EAGAN REPLY TO PROSECUTIONS RESPONSE TO MOTION FOR DEFENSE AND PROSECUTION TO HAVE SAME NUMBER OF CLOSING ARGUMENTS AT ANY SENTENCING TRIAL [D-142] STD /30/2013

2 09/27/2013 Reply Event ID: DEF/ HOLMES, JAMES EAGAN REPLY TO PROSECUTIONS RESPONSE TO MOTION TO REQUIRE THAT THE JURY MUST DETERMINE BEYOND A REASONABLE DOUBT THAT PROVEN STATUTORY AGGRAVATING FACTORS OUTWEIGH MITIGATION AT STEP THREE OF ANY SENTENCING PROCEEDING OR ALTERNATIVELY TO DECLARE COLORADOS DEATH PENALTY SCHEME UNCONSTITUTIONAL [D-143] STD /30/ /27/2013 Reply Event ID: DEF/ HOLMES, JAMES EAGAN REPLY TO PEOPLES RESPONSE TO MOTION TO PRECLUDE THE DEATH PENALTY AS A POSSIBLE PUNISHMENT IN THIS CASE BECAUSE COLORADOS CURRENT DEATH PENALTY SENTENCING SCHEME AS INTERPRETED IN PEOPLE V DUNLAP J975 P 2D 723 (COLO 1999) [DUNLAP I] IS UNCONSTITUTIONAL [D-144] STD /30/ /27/2013 Reply Event ID: DEF/ HOLMES, JAMES EAGAN REPLY TO PROSECUTIONS RESPONSE TO MOTION TO DECLARE COLORADOS DEATH PENALTY SCHEME UNCONSTITUTIONAL IN LIGHT OF PEOPLE V DUNLAP 36 P 3D 778 (COLO 2001) [DUNLAP II] [D-145] STD /30/ /27/2013 Reply Event ID: DEF/ HOLMES, JAMES EAGAN REPLY TO RESPONSE TO DEFENDANTS MOTION TO PUT THE BURDEN OF PROOF BEYOND A REASONABLE DOUBT ON THE STATE AT THE SECOND AND THIRD STEPS AND THAT THE

3 STATE BEAR THE BURDEN OF PERSUASION BEYOND A REASONABLE DOUBT AT THE FOURTH STEP OF THE STATUTORY SENTENCING PROCESS SHOULD THOSE STEPS BE REACHED AND OBJECTION TO ANY OTHER STANDARD [D-146] STD /30/ /27/2013 Reply Event ID: DEF/ HOLMES, JAMES EAGAN REPLY TO RESPONSE TO MOTION THAT THE STATE BE REQUIRED 1-TO PROVE BEYOND A REASONABLE DOUBT EVERY ALLEGED NON STATUTORY AGGRAVATING FACT/CIRCUMSTANCE AND 2-TO PROVIDE NOTICE OF EVERY ALLEGED NON STATUTORY AGGRAVATING FACT/CIRCUMSTANCE IT MAY RELY ON AT THE FOURTH STEP OF ANY SENTENCING PHASE [D-147] STD /30/ /27/2013 Order Event ID: THE COURT ENTERS ORDER SETTING HEARING ON MOTION FOR LEAVE TO FILE ADDITIONAL MOTIONS REGARDING REPORT OF CMHIP SANITY EVALUATION (D-179). COPIES SENT VIA TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, AND KRISTEN NELSON. 09/27/2013 Response Event ID: PEOPLES RESPONSE TO COURT ORDER D-82-A REGARDING JURY QUESTIONAIRE [P-061]*************SUPPRESSED *********** SUPPRESSED ENVELOPE #41 STD /27/2013

4 09/27/2013 Response Event ID: RESPONSE TO DEFENSE MOTION TO DECLARE THE DEATH PENALTY UNCONSTITUTIONAL FOR ITS FAILURE, IN PRACTICE, TO MEET THE MINIMUM CONSTITUTIONAL REQUIREMENTS SET FORTH IN FURMAN, GREGG AND THEIR PROGENCY [D-149] FILED BY THE DA STD /30/ /27/2013 Response Event ID: RESPONSE TO DEFENSE MOTION TO PREVENT DEATH QUALIFICATIONS OF THE JURY [D-150] FILED BY THE DA STD /30/ /27/2013 Order Event ID: THE COURT ENTERS ORDER SETTING HEARING ON MOTION REGARDING MOTION TO RECONSIDER ORDER REGARDING DEFENDANT'S MOTION FOR REALISTIC, GOOD FAITH WITNESS LIST (D-96A). COPIES SENT VIA TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, AND KRISTEN NELSON. 09/27/2013 Order Event ID: THE COURT ENTERS INITIAL ORDER REGARDING COLORADO MENTAL HEALTH INSTITUTE AT PUEBLO'S MOTION TO QUASH SUBPOENA DUCES TECUM (C-61). COPIES SENT VIA TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, AND TANYA SMITH.

5 09/27/2013 Notice Filed Event ID: THE COURT ENTERS NOTICE LABELING MOTION TO QUASH SUBPOENA DUCES TECUM FILED BY THE ATTORNEY GENERAL ON BEHALF OF THE COLORADO MENTAL HEALTH INSTITUTE AT PUEBLO "C-61". COPIES SENT VIA TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON AND TANYA SMITH. 09/27/2013 Response Event ID: RESPONSE TO DEFENDANTS MOTION TO CONDUCT VIDEO RECORDINGS OF JURY SELECTION [D-151] FILED BY THE DA STD /30/ /27/2013 Order Event ID: THE COURT ENTERS INITIAL ORDER REGARDING DEFENDANT'S MOTION TO QUASH SUBPOENAS DUCES TECUM PSDT-3, PSDT-4, PSDT-5 AND PSDT-6 (D-178). COPIES SENT VIA TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, AND KRISTEN NELSON. 09/27/2013 Response Event ID: RESPONSE TO MOTION TO QUASH FILED BY THE ATTORNEY GENERAL [C-61] FILED BY THE DA STD /30/2013

6 09/27/2013 Response Event ID: RESPONSE TO DEFENSE MOTION TO MOTION TO PERMIT ALTERNATING VOIR DIRE [D-152] FILED BY THE DA STD /30/ /27/2013 Response Event ID: RESPONSE TO DEFENSE MOTION TO JURY VIEW OF STERLING CORRECTIONAL FACILITY COLORADO STATE PENITENTIARY SAN CARLOS CORRECTIONAL FACILITY AND CENTENNIAL CORRECTIONAL FACILITY IN THE EVENT THAT A CAPITAL SENTENCING TRIAL IS HELD [D-153] FILED BY THE DA STD /30/ /27/2013 Response Event ID: RESPONSE TO DEFENSE MOTION FOR PARTICULAR PROCEDURES DURING JURY SELCTION [D-154] FILED BY THE DA STD /30/ /27/2013 Response Event ID: RESPONSE TO DEFENDANTS MOTION TO STRIKE THE DEATH PENALTY OR FOR OTHER ALTERNATIVE RELIEF THE UNITED STATES SUPREME COURT COURTS JURISPRUDENCE ON JURY SELECTION IN CAPTIAL CASES IS IN IRRECONCILABLE CONFLICT WITH THE EIGHTH AMENDMENT AND EVOLVING STANDARDS OF DECENCY/PROPORTIONALITY IN CAPITAL CASES [D-155] FILED BY THE DA STD /30/2013

7 09/27/2013 Response Event ID: RESPONSE TO DEFENSE MOTION TO DECLARE DISCLOSURE PROVISIONS OF SECTION (3) (C) AND CRIM P 32.1 (D) (7) UNCONSTITUTIONAL [D-156] FILED BY THE DA STD /30/ /27/2013 Response Event ID: RESPONSE TO DEFENSE MOTION TO DECLARE CRS (2012) UNCONSTITUTIONAL BECAUSE IS FAILS TO SUFFICIENTLY NARROW THE CLASS OF INDIVIDUALS ELIGIBLE FOR THE DEATH PENALTY [D-157] STD /30/ /27/2013 Response Event ID: RESPONSE TO DEFENDANTS MOTION TO DECLARE CRS (5) (J) (HEINOUS CRUEL OR DEPRAVED AGGRAVATOR) UNCONSTITUTIONAL [D-158] BY DA STD /30/ /27/2013 Response Event ID: RESPONSE TO DEFENDANTS MOTION TO DECLARE CRS (5) (1) (CREATION OF A GRAVE RISK OF DEATH AGGRAVATOR) UNCONSTITUTIONAL [D-159] STD /30/ /27/2013 Response Event ID: RESPONSE TO DEFENDANTS MOTION TO DECLARE CRS (5) (M) INTENTIONAL KILLING OF A CHILD UNDER TWELVE AGGRAVATOR UNCONSTITUTIONAL [D-160] STD /30/ /27/2013 Response Event ID: RESPONSE TO DEFENDANTS MOTION TO DECLARE CRS (5) (L) KILLING TWO OR MORE PERSONS AGGRAVATOR UNCONSTITUTIONAL [D-161] STD /30/2013

8 09/27/2013 Response Event ID: RESPONSE TO DEFENDANTS MOTION TO DECLARE CRS (5) (F) LYING IN WAIT AGRRAVATING FACTOR UNCONSTITUTIONAL [D-162] STD /30/ /27/2013 Response Event ID: RESPONSE TO DEFENSE MOTION TO DECLARE CRS UNCONSTITUTIONAL BECAUSE THE CLASSIFICATIONS IT CREATES BETWEEN MURDER CASES ARE ARBITRARY [D-163] STD /30/ /27/2013 Response Event ID: RESPONSE TO DEFENSE MOTION TO DECLARE COLORADOS DEATH PENALTY UNCONSTITUTIONAL BECAUSE IN PRACTICE IT IS ARBITRARY IN BOTH APPLICATION AND OPERATION [D-164] STD /30/ /27/2013 Response Event ID: RESPONSE TO DEFENDANTS MOTION TO STRIKE THE DEATH PENALTY BECAUSE IT VIOLATES THE STATE AND FEDERAL CONSTITUTIONAL PROHIBITIONS AGAINST CRUEL AND UNUSUAL PUNISHMENT THE SUBSTANTIVE DUE PROCESS CLAUSE OF BOTH CONSTITUTIONS AND THE RIGHT TO LIFE CLAUSE OF THE COLORADO CONSTITUTION [D-165] STD /30/ /27/2013 Reply Event ID: PEOPLES REPLY IN SUPPORT OF MOTION P-047: PEOPLE'S PROPOSED ALLOCUTION ADVISEMENT - STD /JR

9 09/27/2013 Reply Event ID: PEOPLES REPLY IN SUPPORT OF MOTION P-048, P-051, P-053, P-054, AND P-055: PEOPLE'S MOTION IN LIMINE REGARDING EXCLUSION OF CAPTIAL PUNISHMENT OPINION EVIDENCE P-048, PEOPLE'S MOTION IN LIMINE REGARDING EXCLUSION EVIDENCE OR ARGUMENT CONCERNING HISTORY AND EVOLUTION OF DEATH PENALTY P-051, PEOPLES MOTION IN LIMINE REGARDING EXCLUSION OF EVIDENCE OF METHOD OF EXECUTION P-53, PEOPLE'S MOTION IN LIMINE REGARDING EXCLUSION OF ALL EVIDENCE OF OTHER MURDER CASES P-0854, PEOPLE'S MOTION IN LIMINE REGARDING EXCLUSION OF EVIDENCE OF PRISON CONDITIONS P STD /JR 09/27/2013 Reply Event ID: PEOPLES REPLY IN SUPPORT OF MOTION P-049 PEOPLES MOTION FOR DEFENSE DISCLOSURE OF MITIGATING FACTORS PRIOR TO CLOSE OF EVIDENCE AT SENTENCING STD /30/ /27/2013 Reply Event ID: PEOPLES REPLY IN SUPPORT OF MOTION P-050 PEOPLES MOTION REGARDING JURY INSTRUCTION CONCERNING DUTY TO DELIBERATE STD /30/ /27/2013 Reply Event ID: PEOPLES REPLY IN SUPPORT OF MOTION P-051 PEOPLES MOTION IN LIMINE REGARDING EXCLUSION EVIDENCE OR ARGUMENT CONCERNING HISTORY AND EVOLUTION OF DEATH PENALTY [P-051] STD /30/2013

10 09/27/2013 Reply Event ID: PEOPLES REPLY IN SUPPORT OF MOTION P-052 PEOPLES MOTION IN LIMINE REGARDING IMPACT OF POTENTIAL EXECUTION ON THE DEFENDANTS FAMILY FRIENDS OR OTHERS STD /30/ /27/2013 Reply Event ID: PEOPLES REPLY IN SUPPORT OF MOTION P-053 PEOPLES MOTION IN LIMINE REGARDING EXCLUSION OF EVIDENCE OF METHOD OF EXECUTION P-053 STD /30/ /27/2013 Reply Event ID: PEOPLES REPLY IN SUPPORT OF MOTION P-054 PEOPLES MOTION IN LIMINE REGARDING EXCLUSION OF ALL EVIDENCE OF OTHER MURDER CASES [P-054] STD /30/ /27/2013 Reply Event ID: PEOPLES REPLY IN SUPPORT OF MOTION P-055 PEOPLES MOTION IN LIMINE REGARDING EXCLUSION OF EVIDENCE OF PRISON CONDITIONS [P-055] STD /30/ /27/2013 Reply Event ID: PEOPLES REPLY IN SUPPORT OF MOTION P-056 PEOPLES MOTION IN LIMINE REGARDING EXCLUSION OF RESIDUAL DOUBT EVIDENCE AND ARGUMENT STD /30/2013

11 09/27/2013 Response Event ID: PEOPLES RESPONSE TO DEFENDANTS MOTION TO RECONSIDER ORDER REGARDING DEFENDANTS MOTION FOR REALISTIC GOOD FAITH WITNESS LIST [D-096A] STD /30/ /27/2013 Response Event ID: RESPONSE TO DEFENDANTS MOTION TO EXCLUDE VICTIM IMPACT TESTIMONY FROM ANY PENALTY PHASE HEARING HELD BEFORE THE JURY IN THIS CASE AS UNCONSTITUTIONAL OR IN THE ALTERNATIVE TO DECLARE CRS (1) (B) UNCONSTITUTIONAL STD /30/ /27/2013 Response Event ID: RESPONSE TO DEFENDANTS MOTION TO COMPEL COMPLIANCE WITH RULE 32 1 (D) (2) [D-167] STD /30/ /27/2013 Response Event ID: RESPONSE TO DEFENDANTS MOTION FOR A PRETRIAL EVIDENTIARY HEARING TO LITIGATE ISSUES SURROUNDING THE ADMISSIBILITY OF ANY PROFFERED VICTIM IMPACT EVIDENCE [D-168 STD /30/ /27/2013 Response Event ID: RESPONSE TO DEFENDANTS MOTION TO STRIKE THE DEATH PENALTY DUE TO THE LACK OF A GRAND JURY INDICTMENT D-175 STD /30/2013

12 09/27/2013 Response Event ID: RESPONSE TO DEFENDANTS MOTION TO STRIKE THE DEATH PENALTY DUE TO THE LACK OF A GRAND JURY INDICTMENT D-176 STD /30/ /27/2013 Response Event ID: RESPONSE TO DEFENDANTS MOTION TO STRIKE THE DEATH PENALTY DUE TO THE LACK OF A GRAND JURY INDICTMENT D-177 STD /30/13 09/30/2013 Order Event ID: THE COURT ENTERS ORDER SETTING BRIEFING SCHEDULE ON DEFENDANT'S MOTION FOR SPECIFIC PROCEDURES TO SAFEGUARD MR. HOLMES'S RIGHT TO A FAIR TRIAL BY AN IMPARTIAL JURY (D-180). COPIES SENT VIA TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, AND KRISTEN NELSON. 09/30/2013 Minute Order (print) Event ID: STATUS/SDT RETURNS JUDGE SAMOUR REPORTER J. MARTIN DEFENDANT APPEARS IN CUSTODY WITH COUNSEL MS. TAMERA BRADY, MR. DANIEL KING, MS. KRISTEN NELSON AND MS. REBEKKA HIGGS PRESENT FOR THE PEOPLE ARE DDA MS. KAREN PEARSON, MR. DANIEL ZOOK, MR. RICH ORMAN, MR. JACOB EDSON, MS. LISA TEESCH-MAGUIRE, AND DA GEORGE BRAUCHLER **************

13 JANA WINTER IS PRESENT WITH HER ATTORNEYS, MR. MICHAEL THEIS, MR. CHRISTOPHER MURRAY AND MS. THERESA HOUSE. THE COURT CONTINUES MS. WINTER'S SUBPOENA UNTIL JANUARY 3, 2014 IN ACCORDANCE WITH ORDER C-53. ************** NEXT, THE COURT ADDRESSES DEFENDANT'S MOTION D-178, WHICH SEEKS TO QUASH FOUR SUBPOENAS DUCES TECUM SERVED BY THE PEOPLE: PSDT-3, PSDT-4, PSDT-5, AND PSDT-6. THE PEOPLE RESPONDED TO THE DEFENDANT'S MOTION ON SEPTEMBER 26. THE NEXT DAY THE COURT ISSUED ORDER D-178 STATING THAT THE DEFENDANT COULD REPLY TO THE MOTION ORALLY AT TODAY'S HEARING, OR, IF THE DEFENDANT PREFERRED TO REPLY IN WRITING, THE COURT WOULD SET A DEADLINE FOR SUCH REPLY. MS. BRADY ASKS TO FILE A WRITTEN REPLY, WHICH WILL BE FILED BY OCTOBER 1. ************** MR. STEVE ZWECK-BRONNER IS PRESENT FOR THE UNIVERSITY OF COLORADO WITH DOCUMENTS IN RESPONSE TO PSDT-6. THE COURT PROPOSES OCTOBER 7 AS A NEW SUBPOENA RETURN DATE FOR PSDT-6. NEITHER PARTY OBJECTS. MR. ZWECK-BONNER INDICATES THAT HE CAN BE AVAILABLE ON OCTOBER 7. ACCORDINGLY, PSDT-6 IS CONTINUED UNTIL OCTOBER 7, 2013, AT 9:00 A.M. THE COURT INSTRUCTS MR. ZWECK-BONNER TO KEEP THE SUBPOENAED DOCUMENTS UNTIL THEN. ************** MS. TANYA SMITH AND ALICIA CALDERON WITH THE ATTORNEY GENERAL'S OFFICE APPEAR ON BEHALF OF THE COLORADO MENTAL HEALTH INSTITUTE AT PUEBLO (CMHIP) AND TWO OF ITS CLINICIANS. THE ATTORNEY GENERAL FILED A MOTION TO QUASH SUBPOENAS PSDT-4 AND PSDT-5 ON BEHALF OF TWO CLINICIANS AT CMHIP ON SEPTEMBER 27. MS. SMITH CONFIRMS THAT CMHIP IS NOT CHALLENGING PSDT-3 (THIS WAS SERVED ON CMHIP). THE PEOPLE HAVE FILED A RESPONSE TO THE

14 MOTION TO QUASH. THE ATTORNEY GENERAL'S OFFICE WOULD LIKE A CHANCE TO FILE A REPLY, AND WILL DO SO BY TOMORROW. WITHOUT OBJECTION, THE RETURN DATE FOR SUBPOENAS PSDT-3, PSDT-4, AND PSDT-5 IS CONTINUED UNTIL OCTOBER 7, 2013 AT 9:00 A.M. *************** NEXT, THE COURT HEARS ORAL ARGUMENT FROM MR. ORMAN AND MS. BRADY REGARDING THE DEFENDANT'S MOTION D-179, WHICH SEEKS LEAVE TO FILE ADDITIONAL MOTIONS RELATED TO THE CMHIP SANITY EVALUATION REPORT. THE COURT WILL ALLOW THE DEFENSE TO FILE ADDITIONAL MOTIONS RELATED TO THE EVALUATION SINCE THE REPORT FROM CMHIP WAS NOT COMPLETED UNTIL AFTER THE DEADLINES FOR NON-CAPITAL AND CAPITAL MOTIONS HAD EXPIRED. THEREFORE, THE COURT LIMITS ORAL ARGUMENT TO THE ISSUE OF SETTING A DEADLINE FOR THE ANTICIPATED MOTIONS. THE COURT TAKES THE MATTER UNDER ADVISEMENT AND WILL ISSUE A WRITTEN RULING. ************** LASTLY, THE COURT HEARS ORAL ARGUMENT FROM MR. KING AND MR. EDSON REGARDING THE DEFENDANT'S MOTION D-96A IN WHICH THE DEFENDANT ASKS THE COURT TO RECONSIDER THE DEADLINE FOR THE PEOPLE TO PROVIDE A GOOD FAITH WITNESS LIST FOR TRIAL. THE DEFENSE WOULD LIKE THE LIST AS SOON AS POSSIBLE BUT NO LATER THAN OCTOBER 15. MR. EDSON STATES THAT THE PEOPLE CANNOT PREPARE A GOOD FAITH WITNESS LIST UNTIL THE COURT HAS RULED ON ALL THE NON-CAPITAL MOTIONS, INCLUDING THOSE SET FOR HEARING IN OCTOBER. AFTER CONFERRING WITH CO-COUNSEL, MR. EDSON INDICATES THAT THE PEOPLE BELIEVE THEY COULD PROVIDE A GOOD FAITH WITNESS LIST BY DECEMBER 1. THE COURT TAKES THE MATTER UNDER ADVISEMENT AND WILL ISSUE A WRITTEN RULING.

15 09/30/2013 Order Event ID: THE COURT ENTERS ORDER CORRECTING CAPTIONS OF PLEADINGS BY NON-PARTY WITNESS JANA WINTER (C-64), COPIES SENT VIA TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, MICHAEL THEIS, CHRISTOPHER MURRAY, AND DORI ANN HANSWIRTH. 09/30/2013 Order Event ID: THE COURT ENTERS ORDER REGARDING DEFENDANT'S MOTION FOR SANCTIONS FOR PROSECUTION'S FAILURE TO PROVIDE DISCOVERY IN A TIMELY FASHION (D-136). COPIES SENT VIA TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, AND KRISTEN NELSON. 09/30/2013 Order Event ID: THE COURT ENTERS ORDER GRANTING REQUESTS TO SUPPRESS: (1) PEOPLE'S RESPONSE TO COURT ORDER D-82-A REGARDING JURY QUESTIONNAIRE (P-61); (2) DEFENDANT'S RESPONSE TO COURT ORDER D-82-A REGARDING JURY QUESTIONNAIRE (D-82A); AND (3) DEFENDANT'S OBJECTION TO PROSECUTION'S NOTICE OF EVIDENCE BEST CHARACTERIZED AS RES GESTAE PURSUANT TO COURT ORDER D-73 (D-73)--(C-62). COPIES SENT VIA TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, AND KRISTEN NELSON.

16 09/30/2013 Notice Filed Event ID: THE COURT ENTERS NOTICE CHANGING START TIME FOR SOME OF THE NON-CAPITAL MOTIONS HEARINGS (C-63). COPIES SENT VIA TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, AND KRISTEN NELSON. 09/30/2013 Order Event ID: ORDER RULING ON MOTION TO RECONSIDER ORDER REGARDING DEFENDANT'S MOTION FOR REALISTIC, GOOD FAITH WITNESS LIST (D-96-B). COPIES SENT VIA TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, AND KRISTEN NELSON. 09/30/2013 Order Event ID: THE COURT ENTERS ORDER RULING ON MOTION FOR LEAVE TO FILE ADDITIONAL MOTIONS REGARDING REPORT OF CMHIP SANITY EVALUATION (D-179A). COPIES SENT VIA TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, AND KRISTEN NELSON. 09/30/2013 Status Conference 09/30/ :00 AM 201 Officer: CARLOS A SAMOUR JR. Length: 1.00 Hour(s) Status: HELD-Hearing Held 09/30/2013 Motions Hearing 10/07/ :00 AM 201 Officer: CARLOS A SAMOUR JR. Length: 1.00 Day(s)

17 09/30/2013 Motions Hearing 10/09/ :00 AM 201 Officer: CARLOS A SAMOUR JR. Length: 1.00 Day(s) 09/30/2013 Motions Hearing 10/15/ :00 AM 201 Officer: CARLOS A SAMOUR JR. Length: 1.00 Day(s) 09/30/2013 Motions Hearing 10/16/ :00 AM 201 Officer: CARLOS A SAMOUR JR. Length: 1.00 Day(s) 09/30/2013 Motions Hearing 10/21/ :00 AM 201 Officer: CARLOS A SAMOUR JR. Length: 1.00 Hour(s) 09/30/2013 Motions Hearing 10/22/ :00 AM 201 Officer: CARLOS A SAMOUR JR. Length: 1.00 Day(s) 09/30/2013 Motions Hearing 10/23/ :00 AM 201 Officer: CARLOS A SAMOUR JR. Length: 1.00 Day(s) 09/30/2013 Hearing 09/30/ :00 AM 201 Officer: CARLOS A SAMOUR JR. Status. HELD-Hearing Held Length: 1.00 Hour(s) Note..: SDT RETURN 10/01/2013 Reply Event ID: DEF/ HOLMES, JAMES EAGAN REPLY TO PROSECUTION'S RESPONSE TO MOTION TO QUASH SUBPOENAS DUCES TECUM PSDT-3, PSDT-4, PSDT-5, PSDT-6 [D-178] FILED BY THE DEFENSE STD /01/2013 Order Event ID: THE COURT ENTERS ORDER REGARDING DEFENDANT'S MOTION TO PERMIT ALTERNATING VOIR DIRE (D-152). COPIES SENT VIA TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER,

18 SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, AND KRISTEN NELSON. 10/01/2013 Order Event ID: ORDER REGARDING PEOPLE'S MOTION REGARDING JURY INSTRUCTION CONCERNING DUTY TO DELIBERATE (P-50). COPIES SENT VIA TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, AND KRISTEN NELSON. 10/01/2013 Reply Event ID: REPLY IN SUPPORT OF MOTION TO QUASH SUBPOENA DUCES TECUM (C-61) FILED BY THE ATTORNEY GENERAL STD /02/2013 Response Event ID: PEOPLES RESPONSE TO DEFENDANT'S MOTION FOR SPECIFIC PROCEDURES TO SAFEGUARD [DEFENDANT]'S RIGHT TO A FAIR TRIAL BY AN IMPARTIAL JUTY [D-180] FILED BY THE DA STD /02/2013 Order Event ID: THE COURT ENTERS ORDER REGARDING DEFENDANT'S MOTION TO QUASH SUBPOENAS DUCES TECUM PSDT-3, PSDT-4, PSDT-5, AND PSDT-6 (D-178-A). COPIES SENT VIA TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, TANYA SMITH, AND STEVEN ZWECK-BONNER./AG

19 10/02/2013 Order Event ID: THE COURT ENTERS ORDER RULING ON MOTION TO QUASH PSDT-4 AND PSDT-5 FILED BY THE ATTORNEY GENERAL ON BEHALF OF AND AT COLORADO MENTAL HEALTH INSTITUTE AT PUEBLO (C-61-A). COPIES SENT VIA TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, AND TANYA SMITH. /AG 10/02/2013 Order Event ID: THE COURT ENTERS PROTECTION ORDER REGARDING TEST MATERIALS AND RAW DATA, INCLUDING RAW DATA PRINTOUTS, FROM CMHIP (C-65). COPIES SENT VIA TO KAREN PEARSON, AMY JORGENSON, RICH ORMAN, DAN ZOOK, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, AND TANYA SMITH. /AG 10/02/2013 Motion Event ID: MEDIA PETITIONERS' OPPOSITION TO THE DEFENDANT'S MOTION FOR SPECIFIC PROCEDURES TO SAFEGUARD MR. HOLMES' RIGHT TO A FAIR TRIAL BY AN IMPARTIAL JURY [D-180] STD /02/2013 Letter Event ID: LETTER TO JUDGE SAMOUR STD

20 10/02/2013 Motion Event ID: NON-PARTY JANA WINTER'S OPPOSITION TO MOTION FOR SPECIFIC PROCEDURES TO SAFEGUARD MR. HOLMES'S RIGHT TO A FAIR TRIAL BY AN IMPARTIAL JURY (D-180) STD End of Case: 2012 CR

08/30/2013 Motion Event ID: DEF/ HOLMES, JAMES EAGAN ATTACHEMENTS - STD /JR. 08/30/2013 Motion Event ID:

08/30/2013 Motion Event ID: DEF/ HOLMES, JAMES EAGAN ATTACHEMENTS - STD /JR. 08/30/2013 Motion Event ID: REDACTED 08/30/2013 Motion Event ID: 000793 MOTION TO DELCARE THE DEATH PENALTY UNCONSTITUTIONAL FOR ITS FAILURE IN PRACTICE TO MEET THE MINIMUM CONSTITUTIONAL REQUIREMENTS SET FORTH IN FURMAN GREGG AND