Closing Arguments: Citizens for Quiet Skies vs Mile-Hi Skydiving

(The below are my handwritten notes while observing closing arguments in the Citizens for Quiet Skies vs Mile-Hi Skydiving “noise” case on May 6th, 2015. I am not a court-reporter and I may have missed some things said. I also have a strong opinion about the case, which is why this was posted not to my Longmont Examiner media column as I did with another article (link), but here where I could also add a bit of my own opinion about what was said, especially after having observed all of the courtroom testimony.)

*An added note, I wasn’t the only courtroom observer there for the entire case. Read the post from another courtroom observer Guest contributor Robert Yoder: Courtroom Notes – CQS vs MHS

5/18 Update: Once the judge’s ruling is issued, according to her court assistant, it will be posted online at this link: “Cases of Interest

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The courtroom is overflowing for the closing arguments in the case of Citizens for Quiet Skies vs. Mile-Hi Skydiving and Judge Judith LaBuda tells courtroom observers that they can go sit in the jury box, which is not being used for this case. A majority of those who file into it are supporters of Mile-Hi Skydiving.

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Courtroom Notes: Citizens for Quiet Skies vs Mile-Hi Skydiving

(Editor note: Below is guest contributor Robert Yoder’s transcribed notes, handwritten while observing five days of courtroom testimony in the case of Citizens for Quiet Skies vs Mile-Hi Skydiving, Inc.
Robert also has an aviation background that includes:
~1100 skydiving jumps, Parachute rigger, Private SEL & glider-aero-tow.)
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Notes from attending:

District Court, County of Boulder CO
Case 2013CV31563
Plaintiff:
Citizens for Quiet Skies
Kimberly Gibbs
Timothy Lim
Robert Yates
Suzanne Webel
John Behrens
Carla Behrens
Richard Dauer
Defendant:
Mile-Hi Skydiving, Inc.

Introduction:

This is pretty much verbatim from my hand-written notes.
There may be errors due to misunderstanding what was said, omissions,
and difficulty reading my own handwriting from two weeks ago.
The detail will likely lessen as the week dragged on and I got burned out
with taking notes.

Each section will begin with a 24-hour timestamp.

I will use parentheses to insert my own comments in the text, and will
sometimes add explanations and/or links.

I am not going to elaborate on each plaintiff witness noise complaints,
but here is a summary of the most common ones:
– Destroys enjoyment of being outdoors.
– Makes it impossible to hold conversation outdoors.
– Can be heard indoors.
– Can be heard in basement.
– Cannot concentrate on mental tasks.

Note this is a bench trial, i.e. there is no jury, just a judge.

Typical witness testimony is in 3 parts:
1. Direct – Questioned by the attorney who called them to be a witness.
2. Cross – Questioned by the opposing attorney.
3. Redirect – Questioned again by “friendly” attorney to
smooth over damage from the cross.
In rare cases, the judge asked a few questions directly of the witness,
then allowed both sides to ask followup questions.

Plaintiff witnesses were called the first 2.5 days.
Defense witnesses were called the last 2.5 days.

In the case of an *expert* witness, there would be an initial set of
questioning from both sides to establish the qualifications of the witness.
Then if the judge approved, the expert testimony would proceed.

Witness home addresses were stated in court, but have been removed here.


CQS Plaintiff & Witness locations / LMO Parachute Operations Area
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Harassment from Kim Gibbs and Citizens For Quiet Skies

Here’s a subject I thought I’d never write about again, and notice I haven’t blogged for over a year.  But I’ve attended 2 of the 5 days in the court case of CFQS et al VS Mile-Hi Skydiving (and my wife’s attended all 5 with books of notes), and I’ve heard just about enough bullflop.  One thing in particular really got a chuckle out of me when my name kept coming up in court, and a particular blog entry was entered into evidence.  If you read that entry, and I assume the judge will now that it’s part of the case, you’ll see it’s the opposite of what Ms. Gibbs and her attorneys claims it is. Continue reading

The Longmont Years: 2000-2006 Coming to Longmont, and Wrongmont

It’s not with a heavy heart, but actually a quite light and airy one, that we bid adieu to the city we’ve called home for the last 13+ years; Longmont, Colorado.  But fear not, I still have to work there for a few more years, live close enough to be affected by it, and may once in a while throw some tax dollars its way.  Happily I’ll be throwing less toward Boulder County. Continue reading

2013 Longmont Election Post Mortem – Final Edition

As loyal readers know, after nearly every election I write about what went down, occasionally with some behind-the-scenes info.  Since I’ve now moved out of Longmont, alas, this will be the last.  To the knuckleheads who think this or previous elections had anything to do with us moving, well, you’re a moron to think so.  But I’ll get to that in another post. Continue reading

Christensen, aka “Polly Progressive”, off to worst start ever for Longmont councilmember

You don’t have to take my word for it, but newly elected Polly Christensen – who’s now earned the moniker “Polly Progressive” (hat tip The Coyote) – easily has had the worst start of any Longmont city councilmember.  And that’s saying something considering Sean McCoy once sat on that council.  Here’s a recap of what’s gone on, with links and tweets galore.  But first, this awesome YouTube video: Continue reading

Home Rule does not equal Mob Rule

The loud cry of the progressive left on the international scale right down to Longmont is democracy…democracy…democracy!

rabblerabble

This may sound admirable, but there is one important caveat: Democracy only works under the Rule of Law. Otherwise, mob rule results (see Muslim Brotherhood in Egypt). The Founders knew this well in crafting the U.S. Constitution. 

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Progressive policy failures have made Longmont less affordable

It’s a good time to be selling your home in Longmont.  It’s not such a good time to be a buyer unless money is not an issue.  Thanks to progressive policies in the past, homes are less affordable for those that need affordable housing.  Even though this entry is titled “Progressive policy failures…”, it’s actually working as intended. Continue reading

Longmont Airport’s future more secure with recent developments

With the unanimous approval by Longmont City Council of the new FBO (Fixed Based Operator) at Vance Brand Airport, the future of the airport becomes that much more secure, probably to the chagrin of those that have endlessly tried to undermine the airport for the last 20 years.   Continue reading

Musings from the wilderness

Life is good, especially when you flush out those that never should have been part of your daily existence.  This includes former friends, political enemies, and even some that may be political allies.  The offers and requests for getting back into, or remaining in, the political game haven’t slowed, but my response has been the same: no thanks.  Like I said, life is good. Continue reading