REDACTED 03/13/2015 Motion Event ID: 000691 E-Filed: N MOTION TO SUPPLEMENT MOTION FOR CHANGE OF VENUE AND REPLY IN SUPPORT OF MOTION FOR CHANGE OF VENUE (D-206A) WITH ATTACHED CD AND EXHIBITS FILED BY COUNSEL FOR THE DEFENDANT STD 201 3 13 15 03/13/2015 Minute Order (print) Event ID: 000692 E-Filed: N JURY TRIAL - DAY 35 MARCH 13, 2015 JUDGE SAMOUR REPORTERS: TROYANEK MORNING; MARTIN AFTERNOON THE COURT INFORMS THE PARTIES THE SIX SCHEDULED PROSPECTIVE JURORS HAVE ALL APPEARED THIS MORNING. BASED ON PREVIOUS COMMUNICATIONS RECEIVED, THE PARTIES STIPULATE TO RELEASE PROSPECTIVE JUROR 396. THE PARTIES GIVE THE COURT A STIPULATED PROPOSED RESPONSE TO PROSPECTIVE JUROR EMAIL NO. 90. THE COURT ADOPTS THE PROPOSED RESPONSE. FOLLOWING THE DISCUSSION YESTERDAY, THE COURT MAKES A RECORD REGARDING THE DEFENSE OF DURESS. IN AN ABUNDANCE OF CAUTION, THE COURT WILL AMEND ITS REMARKS TO THE PROSPECTIVE JURORS. THE COURT CONDUCTS VOIR DIRE WITH THE GROUP OF SIX PROSPECTIVE JURORS WHO APPEAR THIS MORNING. THE COURT AND THE PARTIES CONDUCT INDIVIDUAL VOIR DIRE WITH EACH OF THE SIX PROSPECTIVE JURORS. BY STIPULATION OF THE PARTIES, PROSPECTIVE JURORS 584, 699, 705, AND 717 ARE JURORS 706 AND 772 ARE ASKED TO RETURN FOR GROUP VOIR DIRE ON APRIL 13, 2015. THE COURT DISTRIBUTES COPIES OF PROSPECTIVE JUROR EMAIL 91 TO THE PARTIES. THE COURT ASKS THE PARTIES TO CONFER ABOUT THIS EMAIL DURING THE AFTERNOON BREAK, AS THIS PROSPECTIVE JUROR IS SCHEDULED FOR INDIVIDUAL QUESTIONING ON MONDAY. THE COURT CONDUCTS VOIR DIRE WITH THE GROUP OF FIVE PROSPECTIVE JURORS WHO APPEAR THIS AFTERNOON. THE COURT AND THE PARTIES CONDUCT INDIVIDUAL VOIR DIRE WITH EACH OF THE FIVE PROSPECTIVE JURORS. PROSPECTIVE JURORS 719, 721, 628, AND 724 ARE EXCUSED BY STIPULATION OF THE PARTIES. THE PEOPLE S CHALLENGE TO PROSPECTIVE JUROR 720 IS DENIED. AFTER THE AFTERNOON RECESS, THE PARTIES ADVISE THE COURT THAT THEY HAVE REVIEWED PROSPECTIVE JUROR EMAIL 91. BASED ON THAT EMAIL, THE PARTIES STIPULATE TO RELEASE PROSPECTIVE JUROR 731. THE COURT HAS NOT RECEIVED ANY OBJECTION TO MOTION P-118. ACCORDINGLY, THE COURT WILL ISSUE A SHORT ORDER NEXT WEEK GRANTING THE MOTION. THE COURT DOES NOT BELIEVE IT CAN ACCOMMODATE THE PROSECUTIONS REQUEST TO MOUNT A MONITOR ON THE COLUMN NEXT TO THE CCTV CAMERA, BUT IT WILL EXPLORE OTHER ALTERNATIVES. THE DEFENSE HAS FILED ITS SUPPLEMENT TO THE MOTION FOR CHANGE OF VENUE (IT DID SO JUST MOMENTS AGO). ONCE THE PROSECUTION HAS HAD A CHANCE TO REVIEW THE RESPONSE, THE COURT WILL SET A DEADLINE FOR THE RESPONSE. /CMR 03/16/2015 Order Event ID: 000693 E-Filed: N THE COURT ENTERS ORDER REGARDING PEOPLE'S MOTION TO LIMIT THE PUBLIC DISPLAY OF SOME ADMITTED EXHIBITS, SPECIFICALLY AUTOPSY PHOTOGRAPHS, CRIME SCENE PHOTOGRAPHS CONTAINING IMAGES OF HOMICIDE VICTIMS, AND CRIME SCENE
VIDEOS CONTAINING IMAGES OF HOMICIDE VICTIMS, AND TO LIMIT VIEWING TO THE PARTIES, TO THE COURT, AND TO THE JURY (P-118-A). COPIES SENT VIA EMAIL TO KAREN PEARSON, RICH ORMAN, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, CHRISTINA TAYLOR, AND STEVEN ZANSBERG. /AG 03/16/2015 Response Event ID: 000694 E-Filed: N RESPONSE TO MOTION BY MEDIA PETITIONERS TO UNSUPPRESS THE JURY QUESTIONNAIRE (C-188) FILED BY COUNSEL FOR THE DEFENDANT STD 201 3 16 15 03/16/2015 Minute Order (print) Event ID: 000695 E-Filed: N JURY TRIAL - DAY 36 MARCH 16 2015 JUDGE SAMOUR REPORTERS: MARTIN MORNING; CHAN AFTERNOON THE COURT INFORMS THE PARTIES THE SIX SCHEDULED PROSPECTIVE JURORS HAVE ALL APPEARED THIS MORNING. THE COURT GIVES COPIES OF THE RESPONSE TO PROSPECTIVE JUROR EMAIL 90 TO THE PARTIES. THE COURT SETS FRIDAY, MARCH 27, 2015 AS THE DEADLINE FOR THE PEOPLE'S RESPONSE TO THE SUPPLEMENT TO THE MOTION FOR CHANGE OF VENUE. THE PEOPLE ASK THE COURT IF ANY OBJECTIONS TO MOTION P-118 HAVE BEEN FILED. THE COURT INFORMS THE PARTIES NO OBJECTIONS HAVE BEEN FILED AND THE COURT WILL ISSUE ITS ORDER ON MOTION P-118 LATER TODAY. THE COURT CONDUCTS VOIR DIRE WITH THE GROUP OF SIX PROSPECTIVE JURORS WHO APPEAR THIS MORNING. THE COURT AND THE PARTIES CONDUCT INDIVIDUAL VOIR DIRE WITH THE SIX PROSPECTIVE JURORS. BY STIPULATION OF THE PARTIES, PROSPECTIVE JURORS 596, 729, 734, AND 1410 ARE JUROR 570 IS ASKED TO RETURN FOR GROUP VOIR DIRE ON APRIL 13, 2015. THE COURT DENIES THE DEFENSE S CHALLENGE FOR CAUSE IN REGARD TO PROSPECTIVE JUROR 733 AND SHE IS ASKED TO RETURN FOR GROUP VOIR DIRE ON APRIL 13, 2915. PROSPECTIVE JUROR 743 FAILS TO APPEAR THIS AFTERNOON. COURT STAFF WILL RESCHEDULE HER. THE COURT CONDUCTS VOIR DIRE WITH THE GROUP OF FOUR PROSPECTIVE JURORS WHO APPEAR THIS AFTERNOON. THE COURT CONDUCTS INDIVIDUAL VOIR DIRE WITH THE FOUR PROSPECTIVE JURORS. PROSPECTIVE JURORS 736, 746 AND 748 ARE EXCUSED BY STIPULATION OF THE PARTIES. WITHOUT OBJECTION, PROSPECTIVE JUROR 737 IS ASKED TO RETURN FOR GROUP VOIR DIRE ON APRIL 13, 2015. /CMR 03/17/2015 Minute Order (print) Event ID: 000702 E-Filed: N JURY TRIAL DAY 37 MARCH 17 2015 JUDGE SAMOUR REPORTERS: TROYANEK MORNING; CHAN AFTERNOON
THE COURT INFORMS THE PARTIES THAT FIVE SCHEDULED PROSPECTIVE JURORS HAVE APPEARED THIS MORNING. PROSPECTIVE JUROR 750, WHO FAILED TO APPEAR THIS MORNING, HAS BEEN RESCHEDULED FOR MARCH 31, 3015 IN THE MORNING. THE COURT GIVES COPIES OF PROSPECTIVE JUROR EMAILS 92 AND 93 TO THE PARTIES, ALONG WITH A RESPONSE NUMBERED 28B RECEIVED YESTERDAY FROM PROSPECTIVE JUROR 5556. THE COURT BELIEVES AT THIS TIME IT WOULD BE BETTER TO HAVE A FIRM DATE FOR OPENING STATEMENTS AND ASKS THE PARTIES IF THEY ARE WILLING TO RELEASE PROSPECTIVE JUROR 486, WHO HAS BEEN QUALIFIED FOR GROUP VOIR DIRE BUT IS UNAVAILABLE FROM APRIL 17 TO APRIL 25, 2015. NEITHER SIDE CHALLENGED THE PROSPECTIVE JUROR FOR CAUSE DURING INDIVIDUAL VOIR DIRE. AFTER THE RECESS, THE PARTIES INFORM THE COURT THEY ARE NOT WILLING TO RELEASE PROSPECTIVE JUROR 486. THEREFORE, OPENING STATEMENTS WILL TAKE PLACE ON APRIL 27 AT NOON. THE COURT CONDUCTS VOIR DIRE WITH THE GROUP OF FIVE PROSPECTIVE JURORS WHO APPEAR THIS MORNING. THE COURT AND THE PARTIES CONDUCT INDIVIDUAL VOIR DIRE WITH THE FIVE PROSPECTIVE JURORS. BY STIPULATION OF THE PARTIES, PROSPECTIVE JURORS 756, 760 AND 769 ARE JURORS 727 AND 489 ARE ASKED TO RETURN FOR GROUP VOIR DIRE ON APRIL 13, 2015. THE COURT INFORMS THE PARTIES THAT FIVE SCHEDULED PROSPECTIVE JURORS HAVE APPEARED THIS AFTERNOON. ONE OF THE PROSPECTIVE JURORS WHO APPEARS THIS AFTERNOON IS RESCHEDULED TO A LATER DATE. THE COURT CONDUCTS VOIR DIRE WITH THE REMAINING FOUR PROSPECTIVE JURORS. THE COURT AND PARTIES CONDUCT INDIVIDUAL VOIR DIRE WITH THE FOUR PROSPECTIVE JURORS. PROSPECTIVE JURORS 774, 777 AND 788 ARE EXCUSED BY STIPULATION OF THE PARTIES. WITHOUT OBJECTION, PROSPECTIVE JUROR 779 IS ASKED TO RETURN FOR GROUP VOIR DIRE ON APRIL 13, 2015. 03/18/2015 Motion Event ID: 000696 E-Filed: N MOTION TO CLARIFY XXXX (D-284) SUPPRESSED ENVELOPE #188 FILED BY COUNSEL FOR THE DEFENDANT STD 201 3 18 15 03/18/2015 Minute Order (print) Event ID: 000703 E-Filed: N JURY TRIAL DAY 38 MARCH 18, 2015 JUDGE SAMOUR REPORTERS: RINK IN MORNING AND AFTERNOON; MARTIN IN AFTERNOON DEFENDANT APPEARS IN CUSTODY WITH HIS ATTORNEYS DAN KING, TAMARA BRADY, REBEKKA HIGGS, KATHERINE SPENGLER, AND KRISTEN NELSON. THE PEOPLE ARE REPRESENTED BY GEORGE BRAUCHLER, KAREN PEARSON, RICH ORMAN, LISA TEESCH PROSPECTIVE JUROR 796 FAILED TO APPEAR THIS MORNING AND WILL BE RESCHEDULED. THE COURT GIVES THE PARTIES A COPY OF PROSPECTIVE JUROR EMAIL 94 AND A FOLLOW-UP COMMUNICATION TO PROSPECTIVE JUROR EMAIL 82. THE COURT MAKES A RECORD THAT PROSPECTIVE JUROR 486 CONFIRMED SHE IS AVAILABLE APRIL 13, 14, AND 27. THE COURT SUPPLEMENTS THE RECORD ON THE DEFENSE S CHALLENGE FOR CAUSE WITH RESPECT TO PROSPECTIVE JUROR 733. THE CHALLENGE FOR CAUSE IS DENIED. DUE TO EMAILS RECEIVED FROM JURORS, THE COURT EXCUSES PROSPECTIVE JURORS 5556, 2170, AND 928 BY STIPULATION OF THE PARTIES.
THE COURT DISCUSSES OPENING STATEMENTS. THE COURT DISCUSSES THE LOCATION OF THE PODIUM DURING OPENING STATEMENTS. THE PARTIES ANTICIPATE THEY WILL SUBMIT A LIST OF TRIAL EXHIBITS (INCLUDING THUMBNAIL PHOTOS OF THE EXHIBITS) IN TWO TO THREE WEEKS. THE COURT DISCUSSES EXHIBIT STORAGE DURING THE TRIAL. THE PARTIES ARE INSTRUCTED TO NOTIFY THE COURT IN ADVANCE, IF POSSIBLE, WHEN EXHIBITS WILL BE USED SO THAT THE COURT CAN MAKE EXHIBITS AVAILABLE. THE PARTIES ARE TO CONFER ON TRANSPORTATION AND PRESENTATION OF LARGE EXHIBITS. THE COURT MAKES A RECORD REGARDING PROSECUTION MOTION P-118. THE PARTIES SHOULD CONSIDER THE LOGISTICS OF LIMITING ACCESS TO VIDEO IMAGES IN COURT. THE COURT CONDUCTS VOIR DIRE WITH THE GROUP OF FIVE PROESPECTIVE JURORS WHO APPEAR THIS MORNING. THE COURT AND THE PARTIES CONDUCT INDIVIDUAL VOIR DIRE WITH THE FIVE PROSPECTIVE JURORS. BY STIPULATION OF THE PARTIES, PROSPECTIVE JURORS 797, 1407, AND 804 ARE EXCUSED FROM JURY SERVICE IN THIS CASE. WITHOUT OBJECTION, PROSPECTIVE JUROR 791 IS ASKED TO RETURN FOR GROUP VOIR DIRE ON APRIL 13, 2015. THE DEFENSE CHALLENGES FOR CAUSE PROSPECTIVE JUROR 802. THAT CHALLENGE IS DENIED AND THE JUROR IS ASKED TO RETURN FOR GROUP VOIR DIRE ON APRIL 13, 2015. THE COURT CONDUCTS VOIR DIRE WITH THE GROUP OF FIVE PROSPECTIVE JURORS WHO APPEAR THIS AFTERNOON. THE COURT AND THE PARTIES CONDUCT INDIVIDUAL VOIR DIRE WITH THE FIVE PROSEPCTIVE JURORS. THE PEOPLE S CHALLENGE FOR CAUSE TO PROSPECTIVE JUROR 807 IS DENIED AND THE JUROR IS ASKED TO RETURN FOR GROUP VOIR DIRE ON APRIL 13, 2015. PROSPECTIVE JURORS 816, 824, AND 829 ARE EXCUSED BY STIPULATION OF THE PARTIES. THE DEFENSE S CHALLENGE FOR CAUSE WITH RESPECT TO PROSPECTIVE JUROR 848 IS GRANTED. 03/19/2015 Order Event ID: 000697 E-Filed: N THE COURT ENTERS ORDER SUPPRESSING MOTION TO CLARIFY TRANSPORT ORDER (D- 284). COPIES SENT VIA EMAIL TO KAREN PEARSON, RICH ORMAN, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, AND CHRISTINA TAYLOR. 03/19/2015 Response Event ID: 000698 E-Filed: N SHERIFF WALCHER'S RESPONSE TO DEFENDANT'S MOTION TO CLARIFY XXX FILED BY ARAPAHOE COUNTY ATTORNEY POWERS STD 201 3 19 15 03/19/2015 Minute Order (print) Event ID: 000704 E-Filed: N JURY TRIAL DAY 39 MARCH 19, 2015 JUDGE SAMOUR REPORTER: CARLIN THE COURT GIVES COPIES OF PROSPECTIVE JUROR EMAIL 95 TO THE PARTIES. THE COURT RECEIVED PROSPECTIVE JUROR EMAILS 49A AND 96 FROM QUALIFIED JURORS INDICATING THAT THEY HAVE MADE PLANS FOR PARTICULAR DATES. THE COURT SUGGESTS RESPONSES TO BOTH INDICATING THAT DATES ARE FIXED AND PROSPECTIVE JURORS CAN LET THE COURT KNOW IF THEY ARE STILL ABLE TO SERVE. THE PARTIES AGREE ON THIS RESPONSE. THE COURT WILL RESPOND THE SAME WAY TO
PROSPECTIVE JUROR EMAILS 96 AND 49A. MS. TEESCH MAGUIRE ADDRESSES MOTION P-118 AND AGREES TO FILE WRITTEN PLEADINGS BY TOMORROW, MARCH 20, INDICATING THE VICTIMS POSITION ON DISPLAYING GRAPHIC IMAGES DURING TRIAL. THE COURT WILL READ PLEADINGS AND WEIGH VICTIMS REQUESTS AGAINST LOGISTICS INVOLVED. THE COURT CONDUCTS VOIR DIRE WITH THE GROUP OF SIX PROSPECTIVE JURORS WHO APPEAR. THE COURT AND THE PARTIES CONDUCT INDIVIDUAL VOIR DIRE WITH THE SIX PROSPECTIVE JURORS. BY STIPULATION OF THE PARTIES, PROSPECTIVE JURORS 790, 851, 856, AND 858 ARE EXCUSED FROM JURY SERVICE IN THIS CASE. WITHOUT OBJECTION, PROSPECTIVE JUROR 868 IS ASKED TO RETURN FOR GROUP VOIR DIRE APRIL 13, 2015. THE DEFENSE MAKES A CHALLENGE FOR CAUSE WITH RESPECT TO PROSPECTIVE JUROR 869. THAT CHALLENGE IS DENIED AND THE JUROR IS ASKED TO RETURN FOR GROUP VOIR DIRE ON APRIL 13, 2015. THE COURT MAKES AN ADDITIONAL RECORD ON ITS DENIAL OF THE DEFENSE CHALLENGE FOR CAUSE TO PROSPECTIVE JUROR 869. THE COURT CONDUCTS VOIR DIRE WITH THE GROUP OF FIVE PROSPECTIVE JURORS WHO APPEAR THIS AFTERNOON. THE COURT AND THE PARTIES CONDUCT INDIVIDUAL VOIR DIRE WITH THE FIVE PROSPECTIVE JURORS. WITHOUT OBJECTION, PROSPECTIVE JUROR 872 IS ASKED TO RETURN FOR GROUP VOIR DIRE APRIL 13, 2015. BY STIPULATION OF THE PARTIES, PROSPECTIVE JURORS 878, 876, 879, AND 885 ARE EXCUSED FROM JURY SERVICE IN THIS CASE. 03/20/2015 Notice Filed Event ID: 000699 E-Filed: N NOTICE OF REBUTTAL WITNESS (P-120) SUPPRESSED ENVELOPE #190 FILED BY THE DISTRICT ATTORNEYS OFFICE STD 201 3 20 15 03/20/2015 Motion Event ID: 000700 E-Filed: N PEOPLE'S SUPPLEMENTAL MOTION TO LIMIT THE PUBLIC DISPLAY OF SOME ADMITTED EXHIBITS, SPECIFICALLY AUTOPSY PHOTOGRAPHS, CRIME SCENE PHOTOGRAPHS CONTAINING IMAGES OF HOMICIDE VICTIMS, AND CRIME SCENE VIDEOS CONTAINING IMAGES OF HOMICIDE VICTIMS, AND TO LIMIT VIEWING TO THE PARTIES, TO THE COURT, AND TO THE JURY (P-118-B) 03/20/2015 Certificate Filed Event ID: 000701 E-Filed: N THE COURT ENTERS CERTIFICATE OF THE DISTRICT COURT OF COLORADO (D-280). COPIES SENT VIA EMAIL TO KAREN PEARSON, RICH ORMAN, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, AND CHRISTINA TAYLOR. /CMR 03/20/2015 Order Event ID: 000705 E-Filed: N ORDER REGARDING MOTION TO CLARIFY TRANSPORT ORDER (D-284). COPIES SENT VIA EMAIL TO KAREN PEARSON, RICH ORMAN, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, CHRISTINA TAYLOR, DAVE WALCHER, AND ERIN POWERS. 03/20/2015 Order Event ID: 000706 E-Filed: N THE COURT ENTERS ORDER SUPPRESSING NOTICE OF REBUTTAL WITNESS (P-120). COPIES SENT VIA EMAIL TO KAREN PEARSON, RICH ORMAN, JACOB EDSON, LISA TEESCH-MAGUIRE, GEORGE BRAUCHLER, SHERILYN KOSLOSKY, RHONDA CRANDALL, DANIEL KING, TAMARA BRADY, KRISTEN NELSON, AND CHRISTINA TAYLOR. /CMR End of Case: 2012 CR 201522