Seattle University School of Law Seattle University School of Law Digital Commons Fred T. Korematsu Center for Law and Equality Centers, Programs, and Events 6-26-2017 Gonzalez v. Douglas Trial Transcript of Proceedings, Day 1 Steven A. Reiss Weil Gotshal & Manges LLP Luna N. Barrington Weil Gotshal & Manges LLP David Fitzmaurice Weil Gotshal & Manges LLP Richard M. Martinez Law Office of Richard M. Martinez Robert Chang Fred T. Korematsu Center for Law & Equality James W. Quinn JW Quinn ADR, LLC Follow this and additional works at: https://digitalcommons.law.seattleu.edu/korematsu_center Part of the Civil Rights and Discrimination Commons Recommended Citation Reiss, Steven A.; Barrington, Luna N.; Fitzmaurice, David; Martinez, Richard M.; Chang, Robert; and Quinn, James W., "Gonzalez v. Douglas Trial Transcript of Proceedings, Day 1" (2017). Fred T. Korematsu Center for Law and Equality. 78. https://digitalcommons.law.seattleu.edu/korematsu_center/78 This Report is brought to you for free and open access by the Centers, Programs, and Events at Seattle University School of Law Digital Commons. It has been accepted for inclusion in Fred T. Korematsu Center for Law and Equality by an authorized administrator of Seattle University School of Law Digital Commons. For more information, please contact [email protected]. 1 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF ARIZONA 3 NOAH GONZÁLEZ; JESÚS ) Case No. 4:10-cv-00623-AWT GONZÁLEZ, his father and ) 4 next friend, et al., ) ) 5 Plaintiffs, ) ) Tucson, Arizona 6 vs. ) June 26, 2017 ) 9:01 a.m. 7 DIANE DOUGLAS, ) Superintendent of Public ) 8 Instruction, in her ) Official Capacity; et ) 9 al., ) ) 10 Defendants. ) ____________________________ ) 11 12 13 Before the Honorable A. Wallace Tashima 14 15 Transcript of Proceedings 16 Bench Trial Day 1 17 18 Proceedings reported and transcript prepared by: 19 A. Tracy Jamieson, RDR, CRR 20 Federal Official Court Reporter Evo A. DeConcini U.S. Courthouse 21 405 West Congress, Suite 1500 Tucson, Arizona 85701 22 (520)205-4266 23 Proceedings reported by stenographic machine shorthand; transcript prepared using court reporting software. 24 25 UNITED STATES DISTRICT COURT 2 1 APPEARANCES 2 On Behalf of the Plaintiffs: 3 Weil, Gotshal & Manges, LLP STEVEN A. REISS, ESQ. 4 DAVID FITZMAURICE, ESQ. LUNA N. BARRINGTON, ESQ. 5 767 Fifth Avenue New York, NY 10153-0119 6 (212) 310-8000 7 Law Office of Richard M. Martinez 8 RICHARD M. MARTINEZ P.O. Box 43250 9 Tucson, AZ 85733-3250 (520) 609-6352 10 11 JW Quinn ADR, LLC JAMES W. QUINN, ESQ. 12 120 W. 45th Street, 38th Floor New York, NY 10036 13 (646) 766-0073 14 Seattle University School of Law Ronald A. Peterson Clinic 15 Robert S. Chang, Esq. 1215 E. Columbia St., Law Annex 16 Seattle, Washington 98122-4130 (206) 398-4025 17 18 On Behalf of Defendants: 19 Office of the Attorney General Leslie Kyman Cooper, Assistant Attorney General 20 1275 W. Washington Street Phoenix, AZ 85007-2997 21 (602) 542-8349 22 Ellman & Weinzweig, LLC Robert Ellman, Esq. 23 330 E. Thomas Road Phoenix, AZ 85012 24 (480) 630-6490 25 UNITED STATES DISTRICT COURT 3 1 INDEX OF COURT PROCEEDINGS 2 PAGE 3 Plaintiffs' Opening Statement 10 4 Defendant's Opening Statement 22 5 6 INDEX OF EXAMINATIONS 7 8 WITNESSES: PAGE 9 10 CURTIS ACOSTA Direct Examination By Mr. Quinn 36 11 Cross-Examination By Mr. Ellman 100 Redirect Examination By Mr. Quinn 133 12 MAYA ARCE 13 Direct Examination By Ms. Barrington 137 Cross-Examination By Ms. Cooper 144 14 Redirect Examination By Ms. Barrington 149 15 JOHN HUPPENTHAL Direct Examination By Mr. Reiss 151 16 17 INDEX OF EXHIBITS 18 19 No. Page Rec'd 20 156 87 21 22 23 24 25 UNITED STATES DISTRICT COURT 4 1 P R O C E E D I N G S 2 (Proceedings commenced at 9:01 a.m., as follows:) 3 THE COURT: I ask the clerk to, for the record, call 4 out the name of the case. Will you? Then we'll get the 5 appearances. 6 THE CLERK: Civil matter 10-00623-AWT, Acosta, et al. 7 Vs. Huppenthal, et al., on for day one of a bench trial. 8 Counsel, please state your appearances for the record. 9 THE COURT: At least for the first day, let's get the 10 appearance of all counsel here, starting with the plaintiffs. 11 Who is here? 12 MR. REISS: Yes, Your Honor. Steve Reiss of the Weil, 13 Gotshal & Manges law firm for the plaintiffs. And with me, Jim 14 Quinn, my partner emeritus. 15 MR. QUINN: Good morning, Your Honor. 16 THE COURT: Good morning to both of you. 17 MR. REISS: David Fitzpatrick (sic). Luna Barrington. 18 MS. BARRINGTON: Good morning, Your Honor. 19 MR. REISS: Bob Chang of the Korematsu Center. 20 Richard Martinez, of course. 21 THE COURT: Good morning, Mr. Martinez. 22 MR. MARTINEZ: Good to see you, Judge. 23 MR. REISS: And of course we have our support help 24 here. We have George Martorell, Joseph Rausch, who is a summer 25 associate, and Sirak Biratu, who is arranging our logistics so UNITED STATES DISTRICT COURT 5 1 we don't get lost. 2 THE COURT: Good morning to all of you. 3 What about for the defense? Who do we have? 4 MS. COOPER: Leslie Kyman Cooper from the Attorney 5 General's Office on behalf of defendants. 6 MR. ELLMAN: Robert Ellman, from Weinzweig for the 7 defense. 8 THE COURT: Okay. Lots of lawyers. I guess what I 9 have to say is when we get down to witness examination, you 10 know, the rule I usually follow is, unless there's some reason 11 not to, only one lawyer per witness, all right, on whatever it 12 is, direct, cross, anything else. And then when we get to any 13 kind of argument, we'll see about that. 14 Before we start the trial, there are several motions 15 that have been filed over the last few days. Some of them I'll 16 try to rule on today. But let me ask the plaintiffs -- that's 17 for today though -- what witnesses do the plaintiffs intend to 18 call today? 19 MR. REISS: Your Honor, today we intend to call Curtis 20 Acosta, Maya Arce, and depending where we are, it's conceivable 21 we would start with Mr. Huppenthal. I don't know if we'll get 22 to Mr. Huppenthal today. 23 THE COURT: Okay. I just want to know the names 24 because I don't know whether, you know, any of the pending 25 motions will impact their testimony or the examination of those UNITED STATES DISTRICT COURT 6 1 witnesses. It's possible they can. 2 All right. Thank you. I am going to at least rule on 3 some of the pending motions. One, there's been a motion to 4 exclude witnesses. If the motion is made timely, it's a matter 5 of right. So the motion is granted. So all witnesses are 6 excluded. 7 Counsel, presumably you know the witnesses that you're 8 going to call, so if you see any of your witnesses in the 9 courtroom, be sure to shoo them out, otherwise they may not be 10 able to testify. It's counsels' obligation to monitor the 11 courtroom for that purpose. That's motion number one. 12 Yes? 13 MR. REISS: Your Honor, if I might, I think we had an 14 agreement with the state that experts could attend for the 15 opening statements, and I would ask the Court whether witnesses 16 could simply attend for the opening statements and then be 17 excluded. There are some witnesses -- 18 THE COURT: Any objection to that? 19 MS. COOPER: Yes, Your Honor. We are fine with the 20 experts attending for the opening statements, but we don't feel 21 that the witnesses should hear the State's case. 22 THE COURT: All right. Witnesses -- well, one, all 23 right, I grant that motion as far as witnesses are concerned. 24 I deny -- I mean, as far as the experts are concerned. I deny 25 it as to percipient witnesses. UNITED STATES DISTRICT COURT 7 1 Two, though, going further on experts, you know, some 2 experts legitimately want to listen to certain testimony 3 because it's part of the basis of their testimony -- of their 4 opinion. So if you have that kind of witness and you want that 5 expert in the courtroom during the testimony, you just have to 6 bring it up before the fact. All right? Either side, if you 7 want to do that. 8 MR. REISS: Yes, Your Honor. 9 THE COURT: That's on the exclusion of witnesses. Let 10 me see. There are two or three other motions pending. Well, 11 let me address one other, more or less, a routine motion. 12 There's a motion I think by defendants to, although it 13 applies to both sides, for leave to treat certain witnesses as 14 hostile. That's fine. There's a list of witnesses. I'm not 15 going to go through the list, I'm not going to sign a written 16 order, but if you call a witness and you believe that witness 17 is hostile, you can ask for that permission at the time you 18 start your questioning. All right. 19 As for the other half of the motion, you know, to 20 prevent the other side from asking leading questions, I'll have 21 to take that case by case.