examination under oath of€¦ · adam lopez february 22, 2017 pursuant to agreement, the...

EXAMINATION UNDER OATH OF :

ADAM LOPEZ

February 22 , 2017

PURSUANT TO AGREEMENT, the Examination Under

Oath of ADAM LOPEZ was taken on February 22 , 2017, at

9 : 03 a . m . at 720 South Colorado Boulevard , Suite

1110 - Denver , Colorado 80246 , before Jennifer

Windham , Certified Shorthand Reporter and Notary

16 Public within Colorado.

H + G

Hunter + , Inc.303. 832. 5966800 .525 .8490

1900Grant Street, Suite 1025

Denver, CO 80203

huntergeist. com

scheduling@huntergeist. com

YourPartnerin Makingthe Record

CourtReporting, LegalVideography, and Videoconferencing

ADAM LOPEZ 2 22 2017

Examination Under Oath

WHEREUPON, the following proceedingsweretaken pursuant to the Colorado Rules of CivilProcedure

EXAMINATIONUNDER OATH OF:

ADAM LOPEZ

February 22, 2017

PURSUANT TO AGREEMENT, the Examination Under

Oath of ADAM LOPEZ was taken on February 22 , 2017, at

9 : 03 a . m . at 720 South Colorado Boulevard, Suite

1110- Denver, Colorado80246, before JenniferWindham , Certified Shorthand Reporter and Notary

Public within Colorado.

ADAM LOPEZ

having been first duly sworn to state the whole truth ,testified as follows

THE DEPONENT: I do.

EXAMINATION

BY MR. LUNEAU :

Q . Mr. Lopez, can you state your full namefor the record, spelling your last name.

A Adam Lopez, L - - - e -z

Q . Mr. Lopez, did you work for the

DepartmentofHealth ?A Yes

Q . Could you telluswhen you worked for the

DepartmentofHealthandwhatyourresponsibilities

were?A . I want to say 2011 and 2012 . Probably

March of 2011. I think it was about three months, and

then I was in school during the time, so I went back

to school. And then I was rehired , I think , in , Iwant to say , September for nine months , because I

guess that' s how long they can do it as an internship

RHIDIAN ORR, ESQ

The Orr Law Firm L . L . C .720 South Colorado Boulevard

Suite 1110 - N

Denver, Colorado 80246

DANIEL E LUNEAU ESQ .

Fife Luneau, P . .1873 South Bellaire Street

Suite 200Denver , Colorado 80222

before they haveto start giving you benefits .

So I think aroundDecemberof, I wantto

say, 2012, was when they letme go from there. And

duringthetime-- Imean, I was an intern, so I kind

ofjusthad mywhateverresponsibilitiesMikeor Jeff

wantedmeto have.

Q . (BYMR. ORR) And when you say" Mike,"who are you speakingof?

. Barnhill and Jeff Groff.

Q . Okay. Thank you. So what were those

responsibilities ?

A . Therewas a coupleofdifferentones, Iguess. Mostlywhat I wasresponsiblefor, for the

mostpart, weredownloadinginformationfrom the

computersystem theyused on theold intoxilyzersat

the timein I think, 2011, becausethey used a

dial- up at that time.

And then I wasalso responsiblefor

providinglawyers documentation for the breathalyzers

for the -- I guess thepeoplewhowere goingto getprosecutedorwhatever for the drinkinganddriving,

so I ran -- I used to drive those tests to them .

Whatelsedid I do? Lateron theykind

of gavemetheresponsibilityofdecommissioningthe

old onesand gettingrid ofthem prettymuch in the

14

24

1 ( Pages 1 to 4)

Hunter + Geist, Inc.

scheduling @huntergeist.com * 303-832-5966 * 800-525 - 8490



2warehouse. Other than that, Imean itwas just pretty

much whateverthey kindofwanted meto do . They had

mefile a lotof thingsbecausetheywere goingfromhard copyto electronic. So neartheend, I was

downloadinga lotof things, scanninga lot of things.

Q (BYMR. LUNEAU) Whatdid you do with the

Intoxilyzer9000 ? Whatwas your rolewith that

device?

A . The only thing I really did with thatwas

whenwehad a groupofpeople thatwere runningtestson it because, I guess, at thetime, they needed a

sampleor a couple ofsamplesto work offof to say

thatwas okay to work with and allof these things.

So I was there pretty justto

breatheinto them . Thatwouldbe aboutit. Thenewones I didn't do too much likediagnostic-type stuff

on them . The old ones I kind of did, becauseMike

Barnhillshowedmehow to kind ofclean them out, you

know. Because, I guess, they get, from breathingsomuchinto them , you get debris and things likethat in

air hoses, and you hadto clean them outthat way.

So thenew ones I really didn' t do a

whole lot, other than that timewhenhebrought in --

or Jeff brought in a couple other individuals. I

think there was oneother person . I don't remember

the old ones. And the new ones I really , atthe time,

I did not do very much .I' m trying to think - - because once the

new ones came out, I was pretty much just downloading

and providing samples to lawyers atthe time. There

was another individual there, which I can' thonestly

remember his name. Hewas the one who was doing moreofthe sampling stuff while I was doing all of the

miscellaneous stuff .

Q . (BYMR. ORR) Was he signing off oncertificationson themachine, do you know ?

A . I think so, because, Imean -- I'd have

to say yeah. Hewas theone whowasprovidingallof

the samples at the timewhen theywere bringingthem

in from the other stations, the police officerstations.

Q . Do you rememberwhen themachinescamein

originally; they got shippedinand everybodywas

excited?A Yeah. I remember the first one kind of,

yeah . I remember the Intoxilyzer 9000 . I know what

it looks like. I remember it was gray and everything .It' s like slender, and it had a card reader . It had apunch pad. I remember allof those things. I don't

remember exactly the dates they came in or anything

15

16

his name, because I only saw him for a couple of days

there . And in that time, all we were doing was just

breathing into them , in the breathalyzers , whenever

they would ring or ping, because you had to provide

some type of sample .Q . And did you have anything to do with

helping to certify the 9000 , the initialcertification? Did you do anything?

A . Imean, I didn't do anything, I don't

think, as faras I can tell. I mean, I was a part of

when they werebecomingcertified, I guess. I was

thereduringthetime. Butas formesigninganythingor anythinglikethat, I don' t recall, nor do I recall

like anybodyaskingmyopinion on anything. I mean, I

was just, like I said, just thereas an extrabody

just to providea sample

Q . And if somebody likeMike Barnhill saidthat you were assisting in the certifications , what

would that mean ? Like how would you have assisted ,

other than blowing into the device ? Did you do any

calibrations or anything like that ?A . No. I was there as an intern. I had no

idea really anything in terms of the calibrating. Imean , they showed mehow to make samples , but itwas

nothing that I regularly did. And that was used on

like that.

Q . , no. That s fine.

Q . (BY MR. LUNEAU ) Were you around - I

mean, you - - your role with these 9000 , you were ,

basically , blowing into the machine and somebody elsewas doing the rest of the work , or was your role

with the certifications , if you can remember ?

A . Prettymuch just blowing into the

machines , yeah . Because wehad about like 16 of them

lined up . I want to say on - - there 's like three

tables -- I don't know if you ' ve ever been there or

not, but there 's three tables . And there ' s about 16of them lined up.

And at the time,myrolewas basically

just to get thesamplesthatwerealreadymadeandput

it in there, andthen breathe into them wheneverthey

ping, becausethey needed them atthetime. Whenever

theypingiswhen you would haveto providea breathsample.

Wehad them lined up , so prettymuch each

one you hadto go to me, and I wantto say- - I can't

rememberhisname- - anotherindividualwho was

helpingat that time. We were just goingaroundbreathinginto them .

Q . Who wassigning off that they did the

14

15

17

18

21

22

24

2 (Pages 5 to 8 )


scheduling @huntergeist.com * 303-832-5966 * 800-525-8490


ExaminationUnderOath

11

certifications, doyou remember?

A That one I don' t remember .

Q . Do you know Mike Barnhill, right ?A . Yeah , I know Mike Barnhill .

Q . WasMike Barnhill in the room ?

A Yes .

Q . Who else that you knew was in the room ?

A . Once again, I don't rememberthenames.

I mean, I don' t know their names.

Q . Was Jeff Groffin the room ?

A Occasionally, butnotroutinely, no. He

wasusuallyin his own separateoffice. I hardlyever

saw him . Only when hecamein once in a while just

to, I guess, check up and let usknow that he

was goingto go to like a courthearing, becausehewentto a couple of those everyonce in a while.

Mymain boss was pretty much Mike, Mike

Barnhill. Other than that, Jeff was kind ofhis boss.

So I never really talked to Jeff too much, other than

saying -- you know , going to see him , check up on how

things were doing for me in terms of the internship ,

but never did like we ever have a conversation in

terms of like the breathalyzers with me. Itwas

usually through Mike.

Q . So Mike Barnhillis there. How many

�

o

person. You ' renot sure if they were an employee ?A . No, I ' m not too sure . Because wehad one

employee there, and then he left, and I ' m not too -- I

can 't recall if he was there during the time of the

breathalyzer , but I' m pretty sure he was.

And then we had two new employees come in

immediately after the testing, pretty much . So after

we had did allof the calibrations for the items, we

had two other employees that -- I remember one of them

was Andrea . I can' t remember her last name. And then

the other one, I want to say is Alex --

Q . ( BY MR. LUNEAU ) Anthony ?A . Anthony, yes .

Q Mistich or Mistich ( pronouncing ) ?A . I don 't remember his last name. I just

know Anthony or Alex . Hewas the one after theystarted coming in for , not calibrations, but after thewhole calibration period where I was on the computer

just downloading stuff, he was the one who was goingand doing all of the calibrating and doing all of thestuff . I wasn ' t really touching anything.

Q When you said weweredoingthecalibrations, I mean, other than you blowingin the

machine, what were you doing?

A . When I say " calibrations, " I just think

15

16

P

N2122

23N

N

N

1210

other people besides you and Barnhill were there ?A . Two others .

Q . Were these Department of Healthemployees ?

A . Ibelieveone of them was and oneofthem

wasn't. I think the other one was just fromsomewhere.

. ( BY MR. ORR ) Possibly from CMIor?

A . I think so, yeah . Something like that.Q . Does that gentleman look familiar to you ?

A . Yeah , that' s him .

Q . Is that the gentleman that was there ?

A . Yeah . That would be the one , yeah .Q . Can I, for the record , show that I' m

showing a picture of Alan C . Triggs off his LinkedIn

page. And that' s the other individual who is signingoff on these machines ?

A . Yeah .

. (BY MR. LUNEAU ) So Mr. Triggs is signing

off on themachines , Mr. Barnhill is signing off on

the machines . Did you see anybody else signing offonthem ?

A . No. Wewere the only ones that werethere at the time.

Q . (BY MR. ORR) You said there was a third

of likethewholeprocessof it. Imean, I didn't run

anynumbers. I don' t know anythingaboutthenumbers

oranythinglikethat. I don't know anythingtoomuchaboutmaintenancein termsof the new ones anymore,

becauseI didn't do any maintenanceon the new ones.

The only ones I did were the old ones.

. So the people who arethere, so you've

gotMikeBarnhill, Alan Triggs, someother personyou've neverseen, and then later you see Andrea and

Anthony?A Yeah

Q . So this other person you didn' t see, do

you think he was affiliated with Mr. Triggs, or who doyou think hewas?

A . I thoughthewas a Departmentof Health

employee. I actuallythoughtallof them wereatthe

time, because I did notreallythink toomuch aboutit. I just wasthere, and itwas somethingthatwe

were going to alldo and hadto do at the time, so I

justwent alongwith it, and thatwas prettymuch it.(Discussion off the record. )

Q . (BY MR. LUNEAU ) Mr. Lopez, what, otherthan blowing into themachines , did you do or

Mr. Barnhill show you how to do? And I know you might

have a hard time remembering this ; itwas a while ago.

17

18

19

21

25

3 (Pages 9 to 12)


scheduling@huntergeist. com * 303-832-5966 * 800-525-8490

ADAM LOPEZ - 2 / 22 / 2017


15

13

But as bestyou can describe, whatelse did you do as

partof the certification of thesemachines?A . So I'm nottoo sure in termsof

certification, butI can tell you theresponsibilities

that I kind ofwas doingor thingsthatMike showedmehow to do .

Q . Sure

A . Mike showed me how to take the old

machines -- or the new ones , actually. So the

machines, Mike showed mehow to create the samples .

Wehad to create so many different levels , I guess ,

of -- I want to say itwas pH or something -- that we

had to provide by putting alcohol droplets into each

one.

And then you had to run them for a bit,

andthen you had to putthem and change them out for

each intoxilyzer. So that was also probablyduring

the certificationprocess. You had a sample that was

alreadycreated, andthen you had to lineitup andattach it.

There was a lot of different samples that

you had to provide. I think there was like five or

six of them , different vials. They' re just for like

masonary jars . And each time you were providing a

sample , you had to switch it out and provide a

�

o

remember being there, and I remember him and Jeff

talking about it a littlebit, and then him talking, Ithink , to Alan about itwhen we were all there. Therewas only three of us there, or four of us, actually .

And when we were discussing it, I thinkhe might have asked me about it. But, I mean, being

the intern and just kind of doing whatever I was there

for, I really didn 't take it to thought .Q . Whatwas the conversation ?

A Itwasn' t really -- well like between me

and him or between him and Jeff ?Q . Anything about the IDs, using each

other ' s IDs.MR. ORR : The whole thing, what do you

remember ?A . I think , if I remember - - this is a while

back, but I know he and Jeffwerehaving conversationsabout a lot of things about what they were going todo , about the process of how they were going to do it.

Hedidn' t specifically ask me, you know ,like anything about employee ID numbers or anythinglike that. No one did . But just from being in the

and hearing their conversation kind of go backand forth , I want to say that , like -- not Jeff,

Mike had asked aboutusing different employee ID

24

14 16

differentone, and then blow again , andswitch it outand blow it again. So that is a lotofdifferent

things thatkind ofwenton at the time.

I' m tryingto think ofwhat else.Cleaning. That was another thing. Just cleaningout

those vials. Becauseafter so manyruns, they had to

be redid. So I had to run them in hotwater and cleanthem out and let them air dry and just turn them

upsidedown.

Q . And when you ' re changing outthe

chemicals, I mean, that' s -- this is before the

rolloutof the 9000s. You guys are testingthe devicebefore its rollout?

A . Yes.

Q . And when you' rechangingout thesechemicals, are you signingoff withMr. Barnhillon

any documentsor anythinglikethat?A Not that I can recall. Itmaybe

possible. I mean, I ' m nottoo sure, honestly. Asfar

as I know, though, no.

Q DidMr. Barnhillever give you authority,or was itokaywithMr. Barnhillthat his ID was used

since youwerehis intern while you're goingthroughthesemachines?

A . I mean, itnever really cameup. I

numbers, but Jeff had stated that, you know , would itbe okay just to use his, which , I think , Mike was not,

at the time -- what I -- when I overheard them , wasnot -- I don 't want to say comfortable with it , butjust - - I mean , second guessing it in a sense .

Buthekind of just wentwith it because,

I mean, Jeff was hisboss, and because that was his

bossandMike was myboss, weall kind of just wentwith it.

Q (BY MR. ORR ) So in your interpretation ,or what you remember , is that Jeff wanted everybody to

Mike' s ID ' s number ?MR. LUNEAU: And nothis ?

A Yeah . As far as I know , yeah . Becausefor one, Jeff wasn ' t in the room at all doing his

certifications at the time. He was there a little, I want to say , when wewere working the late

hours and wehad to come in on Saturdays , actually ,just because wewere , I guess , running behind. So Iknow I worked a little bit of overtime there .

And hewas there a coupleofdays, butI

don't recallhim , youknow, goingtoo much to each

breathalyzerand providingasmany samplesasmeor

Alan did. I thinkmeand Alanwere the ones thatwere

providingmostof thebreath samplesand switching

4 (Pages 13 to 16 )





17 19

13

everything out

Q . (BY MR. LUNEAU ) And just so I ' munderstanding , when you ' saying switching thechemicals out, what do you mean ? What was thatprocess you were doing ?

A . You had to make so many vials ofdifferentsolution

Q . Likecertain amounts of alcohol or

acetone or things like that?

A . Yeah. Prettymuch. I don 't recallwhat

everythingwas anymore. But, yeah, you had to makeso

manydifferentvials anddifferentmasonry jars, and

each onehadtwo or twoportsthat you would

plug into thenew intoxilyzer, and then itwould just

click togetherrightthen.

And then you' d breathe into it , and then

you' d have to switch that one out and get the other

one that you already pre -made and put the next one in

there. And it had to hit a certain chemical , I guess ,

level or register a certain percentage or calibrate a

number on the screen , and then we' d be okay , and we'd

go to the next one.Usually , I mean , if something was too

much off, too low or too high , you' d have to rerun thesample again , because maybe somethingwas wrong or

doingall of thesecertifications?

A. I couldn't say specifically for him , but

I' d have to say, yeah, because I don't recallanyofususingany IDs.

Q . Youwerealloperating underMr. Barnhill?

A Yeah. And I want to say thatweused his

card, actually,becauseI don't know if itwas a pin

or a padthatweused,butI 'm pretty sure thatwehad

to use a card, and then , of course, you needed a

password, so we allused one password. I rememberthat.

Q (BYMR. ORR) Do you remembercallingor

havingAlan callforMr. Barnhillto comeback and

sign offon stuff?A . No.

Q WasMikealwaysin the room , or washe

sometimes gonewhile this testingwas goingon ?

A . He could be sometimes gone . I mean, Idon ' t know about during the testing period . I think

he was there most of the time. But I know he had

other responsibilities , too . I mean, hehad training

to do for the police departments that would come in .

I can 't recall, I mean, if itwas during

that timeat all, but I know thathehad other

14

16

24

18 20

maybeyou didn' t provideit rightor somethinglike

that. So, I mean, thatwasthe switchingof thesamples.

Otherthan that, I mean, likeI said ,

after you get so many, because wehadto run a lot,lotof differentmachinesand a lotofdifferent

tests, after so many, you had to take them andcleanthem and disposeofthe solution andbasically clean

them out again and remakeanother one.

Q . And because you'reunderMr. Barnhill,

after you did that, did you sign off that this was

doneby Mr. Barnhill since you were his intern?A . I don 't recall. Like I said , I don 't

recall signing paperwork .Q . Sure.

A . I don' t recall seeing too much paperworkor anything like that .

Q Was there an electronic pad that youwould sign off on ?

A . I know you could sign off on it, butI' m

not too sure ifI signed offon it.

Q . Do you know ifMr. Triggs was, as part ofthe - - it sounds like a team of you guys -- certifyingthese devices ? WasMr. Triggs, was he just usingMr. Barnhill' s ID because the three of you guys were

responsibilities and other duties that he wouldn ' t be

in the office for a lengthy period of time. SometimesI would be the only person in the office by myself

taking phone calls or, you know , doing calibrations

here and thereQ . Calibrationson the new machines?

A . Notreally on the new machines, more on

the old ones. Becauselike I said, when -- by the

timethat happened, Anthonywas already there and

Andrea were alreadythere. Sousually, by that time,I mean, if I was there, therewas somebody there with

me. I really hardly ever was - - anythingthat I had

to go do on themachinestoo much, other than like

maybeblow into them or switch out the vials, butthat s aboutall.

I can't recallif I did anythingfor

certificationwise. For one, becauseMikedidn't want

meto be-- puttoomuch paperworkon mebecause,firstof all, I didn't havethe educationfor any of

that. I was just in an internshipthere. ButI could

still, of course, likeprintoutdocumentsand send

thingshere and there. That's aboutall.As far as I know , becauseMike didn' t

wantme to be too involved in case, like -- I guess --

I rememberhesaid one timehe said in case I had to

5 (Pages 17 to 20)




ExaminationUnderOath

2321

go and talk to some type of lawyer or something likethat, like now.

MR. LUNEAU: Can we go off therecord fora second.

(Discussion off the record. )

Q . (BY MR. ORR ) After you did your

calibrations of themachine , how would you or Triggs

tell Jeff that thatmachine was done ? Was there a

little pad saying we did this one ?

A . I wantto say therewas likea listof

oneswehad to go through, but I know I didn't -- like

I said, I did not talk to Jeffhardly at all. Iusually just toldMikeifwe were done with them , and

thatwould be aboutit. I don't recall, you know,

check-markinganything. I don't recalllabelinganything

Q . So somebody, once you told them it was

done, said okay, and then they mighthave signed thecertificate?

A Yeah. Imean , like I said , I don 'tremember ever signing a hard-copy certificate.

Q . Okay. Butyoumighthave done themagicpad?

A . Yeah . It could havebeen on the pad , buteven then I don' t recall it.

12

maybehewas from the onehere in Glendale, and I

thoughtmaybehe wascomingin just to help usoutorsomething

Q . (BYMR. ORR) So the gentlemanwhose

picture thatyou identified, did he ever tell you thathewas legal counsel?

A . No.

Q . Did he ever tell you thatheworked forCMIdirectly ?

A . No

Q . But that is him ?

A . Yeah . I remember his name and his face ,

yeah . I remember his last name, and I know who he

was, and we didn' t talk a whole lot, obviously . We

just kind of just did things. Him and Mike knew eachother a lotmore than I did , I guess , or Jeff.

Because I had no -- he just came in for those , I want

to say two weeks or so , and then he was gone, and I

never saw him again .

Q . And thatwas thetwo-week certification

period --

A . Yeah . Hewas only there during thattime. Hewas never there for anything after for termsof like cleaning or in terms of likewhen the police

brought it in for certification , the intoxilyzer , the

1415

22 24

�

. (BYMR. LUNEAU ) What about the littleworksheets that they would do ? So do you know about a

certification worksheet ? Have you ever heard of

something like that ? Did you have a worksheet when

you were going through these ?A . Not that they provided to me, no, I don't

think so .

Q . (BYMR. ORR) So rightnow I ' ve gotMike

Barnhill, JeffGroff, yourself, Alan Triggs, and somesalesguydoingallof this work on themachines,

right? Was there anybodyelse untilAndrea and

Anthonyjoined this

A . You have Mike, the sales guy, Alan , me.I don 't think so . Imean , I can 't recall anybodyelse.

Q . (BYMR. LUNEAU ) And just so we' renot

putting words in your mouth , there' s Alan Triggs and

there ' s another guy . Was it your opinion that thatguy was from themanufacturer or from the sales

department or something like that?

I thought they were all from the

Department of Health . I apologize . I had no ideathat they were different people from different places .

I thought they were from the Department of Health , and

I thought because there was two offices, I thought

police department.He was never there for any ofthe

cleaning, any of the paperwork for like downloading or

providing lawyers things . Hewas never there after

that or before that . He was only there during thosecouple of weeks or couple of days when we were

certifying or breathing into the machines and

switching out samples here and there .

(Discussionoff therecord. )

Q (BYMR. ORR) , Adam , whatwasthe

generalatmospherelike at CDPHE? Was it pro

defendant, pro -- well tellmeaboutit. How would

you say, overall, from your background? Whatwould be

yourbackground to look at this from ?

A . So when I camein coming from my

background, just rightoutof college and still being

in college, I had a criminology and psychology degree.

Sowhen I cameinto it, I came initiallywith theintentto becomea law officer.

So itwas a good outletformeto get a

good contextfor the state - - for the entire state and

see which departments, youknow , I mightwantto goto . And I letJeff know, JeffGroffknow aboutthat,

andhewas goingto letmeknow in termsofcontact,

you know , which one evenhepreferredover certain

�

�

�

�

6 (Pages21to 24)


scheduling@huntergeist. com * 303-832-5966 * 800-525-8490



25 27

Du

ones, becausethey talk to them all, so theyknow , you

know, whichones are good with paperwork or goodwithpolice officers.

But in terms of like my history or

contact with the police department that was there or

in terms ofthe paperwork that I saw , itall kind of

seemed very , like, pro prosecution in a sense , very

much against individuals or people who were

prosecuted .

Q . Orthose accused?

A . Or thoseaccused, yeah . Becauseallof

the paperworkI ever saw and, like I said, on the

computer, everythingwas prettymuch in plain blackandwhitethatthey were drunk or drivingunderthe

influence. And Imean, those are just the things

thatwe had provided, because those are the thingsthat they blew into the intoxilyzer.

Q . And you would say was very, what,

prowhich way?

A . Imean , I couldn 't exactly say with him

because, I mean , he would go into the courtrooms and

things like that . I'm not too sure what he said in

the courtroom or anything like that ,but I know hewas

really good friends , of course, with the law

enforcement .

Butyeah, I mean, the only onewho was

really - - had anythingto do with the -- in courtroom

thingwas just Jeff. I neverheard ofMikegoing over

thereorhavingto go to any courtroom hearingsor

anythinglikethat.

Q . So did you provideany - - youwere in

charge, you said -- or not in charge, butyouassisted

with CORA requests?

A . I don' t recallwhat that is by name.

Q . Gettinginformationto lawyersthat

requested it.

A . Yeah, yeah . I gavethem thepaperwork.I hadto sendthem in a manila envelope, usually, the

documentationfor thetest ofwhat so - and- so blew and

all of these things. Andthen, usually, all of those

thingswere also the certificationsthatwerein a

printoutor an e-sign , I guessI wantto say.

And they would just printit out, and

then itwould tell you the dateofwhen thatmachine

or instrumentthathad been blownforthat individual

was certified and thedates when youhad to get

recertifiedand thingslikethat. So I had to provide

a copy ofthat to them .

I 'm trying to think what else I had to

provide. I know sometimes I had -- well, not to them ,

14

16

24

26 28

Same thing with Mike , they were allreally close with the law enforcement , because

work with them pretty much and trained them allhow

to , you know , administer these tests . In a separateroom was their training room , so Iwas never in there .

I didn 't even know what they talked about in terms of

the training. But they all had to do that , and they

all had to come in , the police officers had to comeinto the lab .

And while I wason thecomputer and

stuff, theywould be givingthem a demoor showing

them how itworked, and sometimesthey would breathe,

sometimesthey'd haveto sign up on stuff in thebackin the room . There was a lot of likeback andforth in termsofwhere theywere at.

Q . (BYMR. LUNEAU) Werethereany comments

aboutcertaindefense lawyers, any derogatorycomments

aboutany lawyersin the defense community?A . Not that I can tell , not that Iknew . I

mean , I probably didn 't even know which ones were

defense attorneys or not atthe time. I mean , yeah ,

they probably didn't like certain people . I mean ,

they probably said certain things, butnothing that I

could recall what they said or took , you know , as

serious or anything like that.

13

but I know sometimes -- I don 't know if ithas to dowith CORA , or whatever it is, but I know sometimes the

police departments have to call and have to

troubleshoot with them .

I have to letthem know, you know , likehow -- you know, to walk them through a littlebit of

these things, youknow, andhow to do -- I didn' t do

toomuch,because, I mean, I didn' t know too muchof

troubleshootingfor the new one. Theold ones I did,

butnotthenew one.So I usuallywould justhaveMikecontact

them again. But, usually, Imean, iftherewassomethingin termsofyou could an ID numberup

for them , for a policeofficer, I can do that. Thatwassomethingsimple. If you had somethingwrong, you

know, I could try to look up his informationandseewhatwaswrong with that. Butin termsoflike,

actually, like sendinganythingelse, I don' t recallittoomuch. I know wehad likea --

Q . Likeifan attorney requested somedata,

let' s say , from the initialcertification, would your

role havebeen to providethedata to them ?

A . Yeah, I think so . For -- because I knowwhen we provided information , it was a lotof

paperwork , a lot of different certifications. There

16

17

7 (Pages 25 to 28)




ExaminationUnder Oath

29 31

�

�

was likefiveorsix differentdocumentsI had to

printout, and I would just providethem that. AndMikewas theone to show mewhich ones to printout.

So I would justclick, click, click and then printthem outand send them on their way.

Q Who would tell you orwho would say,okay, give this to this attorney ? Was there anything

whereyou were told you can' t send this, but sendthis?

A . I mean , I think there was something likethat ,but it wasn 't like in terms of like don 't send

that lawyer this or like don ' t send that lawyer that.

Itwas more of just like the wide spectrum of like we

can 't provide this documentation so , you know , these

are the ones you can provide to the public, these ones

you can't . But, Imean, there was never, like,

anything in terms of --

Q . Whatwereexamplesof the documents that

could notbeprovided?

A . That I wouldn't be able to recall.

Q . Was that coming from Jeff orMr. Barnhill?

A . Mr. Barnhill

Q (BYMR. ORR) You comefrom a generation

wherewe' re tryingto go paperless, correct?

Q. And you could havedownloaded that easily

to like a jumpdrive thatwould have saved you a lotof money and time?

A . We could have, I guess , yeah . I mean, I

didn't think too much about it. It was there on the

computer , and the only ones who had access to thecomputers , in general , were the employees .

Butyeah, we could have. Wecould have

easily putit into probablydifferentfiles or

different jumpdrives or USBs. And then from there, I

mean, it could have been portable and things like

that, yeah,butwe didn' t think too muchabout it, orI didn't think too much about it.

Q . (BYMR. LUNEAU) When you were involved

in assistingMr. Barnhill or anyone else at the

Departmentof Health, did you ever get a chance to

look at any schematics ormanualsfrom CMIthatshowedhow themachineworked

A I know there was a manual. But, like I

said, I didn t read through it because itwas longand

itwas a lotofwork and a lotof informationthat, at

the time, because Iwas interning, I didn't really

care to read it

Q . Sure.A . And I knew for the new ones ,

�

30 32

A . huh

Q . And so could they haveeasily saved allof that paper and putiton a jump drive, allof thatinformation ?

A . They could have. And at the time, that' skind of one of the things I was -- at the end , I wasstarting to do . I was starting to get a lotof thedocumentations that were hard copies. And if theywere hard copies, was trying to PDF it, at least, tothe computer.

To be honest, though , I didn't like doing

itbecause it was a boring and tedious task , so I

didn' t do very much of it. I would download most of

it, but I wasn 't filing it.

And then later on Anthony , when I left,

was just going to take everything , so I gave him allof the PDFs I had, and then he was going to

everything else, and that was about it, but yeah .

Q . And you had access to the COBRA data ,

right?A . Yeah. I don't recallwhich one thatone

especially -- Imean, I didn' t read it because I

really didn' t have very much to do in terms of, you

know , teaching the police officers how to use it. SoI really didn't have any responsibilities for learning

how to use it too much , other than what Mike showed meand what Mike provided me and told me, you know , what

we have to do in terms of the samples, change them

out, and information to provide to lawyers or

police departments .

Q . Was that manual ever given to any

lawyers, or was that something you guys were allowedto give out?

A . Imean, I never gavethe manualout to

anybody. I hardly ever -- I think I onlysaw itonceor twice, and thatwas probablyduringthe

certification thing. Itwas just there in case likesomethingwentwrongand you neededthe manualto

troubleshootsomething.

But, of course, I didn ' t know what was

going wrong with it. I would just letMike or

somebody else know , well, hey , you know , something is

not registering , and they would look at the manual and

that would be it.

Butno, wedidn't provide a manualin the

mail to any law firms or policedepartments. I don' t

16

17

was.

Q . That s all of the names and all of the

tests and everything that' s been run on themachines?A Yeah

8 (Pages29 to 32)



ADAM LOPEZ - 2 / 22 / 2017


33

know if Jeff had a manual on him when he went tocourtrooms or not, I' m nottoo sure . But yeah , Ihardly ever saw themanual, and I hardly ever used it.

Q . Wherewas themanualatwhen you wereworking there ?

A . It was just in the generaltablearea. I

wantto saythere wasmaybeone or two, I wantto say.

I think there was copies. Butyeah, itwasjust

there. I mean, itwasn' t - - asfar as I could

remember, wehardlytouchedit. At leastmeand Alandidn' t touch it. Wedidn't look at it too much.

Because I don 't even -- I didn't even

think Alan -- I thought Alan was kind of in the same

position that I was almost, like he didn't know what

we were doing either. We were just kind of there

providing samples and that was it.Because I thought Mike and Jeff were the

ones who were in charge of it all , who knew exactly

what was going on. So pretty much any conversationsthat had been in terms of the certification was

usually between Mike and Jeff. Itwasn 't too much

between any ofus.

Q . And so you guys, you and Alan would be,

you know, changingoutthechemicalsor blowinginto

it, andsometimestheremightbean issue, you' d look

35

have switched out solutionshere and there . ButI

didn' t reallypay attention, because he was never eventhere to begin with , so I didn' t really like watch him

or see what -- provide any -- talk to him at allhardly.

Q . Did you haveanything to do with , afterthemachinewas certified , printingout thecertificate ?

that I can recall. I mean, I don' t

even -- I don 't remember signing anything. Idon 't

remember printing anything . All I remember is

everything was certified and everything had acertificate , because all of them did , all I remember

is providing the copy ofthe certificate to the

lawyers and to the police departments .

Q . (BYMR. ORR) Doyou remember when thename- - David Butcher' s namewas on the certificate?

A I wantto say, yeah ,but I don't know who

hewas.

Q . Do you rememberwhen it changed to LauraGillim -Ross --

A . No

Q . -- from David Butcher? Were you there at

that time? I think it happened after you left, so I' mnot - -

14

16

34 36

10

themanualand letMikeknow , hey, I don ' t know

what s going on with this ?

A . Yeah.

Q . And then Mikewould come over and take a

look at it, or -- would Jeff comeover alsoatsomepoint?

A . Yeah. Because, like I said, Jeff washardlyever there, becauseweweredoing it for about,

I wantto say abouttwoweeks, MondaythroughFriday.And thoseMondaythrough Fridaytimeperiods, itwas

me,Mike, you know , AlanJeff washardly in theroom . Hewas

usually in the back, his own office, hehad a separateoffice, unlesshewould go to the courtroom hearings

or do someother stuffthat I hardly ever saw him .

The only timehewas there was probably,I think - - I wantto say on a Saturdayfor a littlebit andthatwas it. Because I rememberhe came

andhewasn ' t dressed up. Hewasjust in normal

casualwear, and we allwere at the time, so wewere

just doing it on a Saturday in themorning, I think,or a littlebitmore towardsthe day.

But, I mean , I - I don't recall, youknow , his activity in any of it. I mean, I don' t --

he could override some samples, you know , he could

A . Yeah , I don' t remember that. Iwant tosay - - the name sounds familiar . I mean, I could

spell the last name pretty quickly . And I remember --see, I remember on the certificate there was, I think,

two names . There was , I want to say -- I know Jeffwas on it for sure , I think , on the certificates , I

remember seeing his name, and I want to say it was

Mike's nameon there or David Butcher 's name. Because

there was -- there was a couple of names on the actual

slips .

Q . These are differentslipsthan theones

that were printed off for the lawyers?

A. No. Theywerethe same certificate.Like with thelogo of the Departmentof Health on it

and everything. Yeah. But, I mean, itwasall

generatedthroughthe computerautomatically. Imean,

I didn't really look at it too much. I justknow

therewere signatureson it

Q . Butyou ' re not sure whose ?

A . I 'm nottoo sure whose .

Q . (BY MR. LUNEAU ) Is there anything else

when you weren ' t there that , looking back on, that was

kind of strange or weird ? Is there anything that

happened when you were there that you kind ofquestioned ?

14

16

17

9 ( Pages 33 to 36 )



ADAM LOPEZ - 2 / 22 /2017


3937

A . The only thing I thought that was kind ofweird was just the rapid pacewewent through it.Because I knew that -- like I was never there for theold ones, for the certifications, but I knew thattherewas like somewhat of a deadline, because it feltlikewe were kind of rushed.

I mean, wehad to comein on Saturdayon

our days off to do it, which was, obviously, likekind

oflikea red flag in the sense likewehad to hurryto get these done for somereason. Thatwaskindof

the only thingthatmaybekind offeltweird.

I didn't know, you know , if I messed

somethingup, am I in troublebecause Imessed

somethingupbeingin a hurry, or if I did something

wrongon these new breathalyzers, does it screw up

everything, you know. Thatwas the only thing thatwaskindof troubling.

So at that point, I mean, I tried to stay

as much uninvolved in the certification as possible .And usually Mike didn' t wantmeto be involved in any

way. I didn' t have a certificate or an education . He

had some type of certificate that he could work on it,

he was an engineer and went to school for those

things .

Q . Did you feel like you were being asked to

It felt kind of rushed in some sense,

because we did it in a couple of weeks, and we did a

couple of hundred , I want to say . And also they wouldcome in for maintenance quite often , even after wehaddid the initial certifications . And a lot of police

departments would call for troubleshooting and thingslike that.

But, Imean , yeah Imean , nothing is a

hundred percent perfect . Imean, there probably were

some errors here and there. Nothing that I ever heard

of or no one ever spoke to me about.Q. Between you andMr. Triggs, whowasdoing

morewith thecertification, orwereyou bothabout

thesame?

A . I would just say about the same,

probably , because , I mean , I didn' t -- I didn' t take

itas him being anybody that -- I guess how do we say

it? -- that had more authority overme in a sense,

because I was working there in the lab the majority of

the time, and he was coming in just for those

certification periods. So I didn ' t even know -- I

mean I speculated that he knew something aboutthe

machines or the instruments, but I did not question

it. Hewas just there for that time period .

So I wouldn't say eitheroneof us had

�

24

38 40

12

do a littlemorethan whatyou were qualifiedto do?

A . I do, yeah. Because I did not have, like

I said, any engineeringdegree. Mike showedmehow to

clean stuffout, which issimple. Heshowedmehow torecondition theold ones. Heshowed mehow , you

know -- to prettymuch providemaintenance on theinstrument.

Butin termsof like-- he showedmehow

to solderand things like that on the old ones. But,

I mean, it was nothingthat I had ever goneto school

for , no one had ever taughtme. I mean, I had taken

apartequipmentbefore, but-- you know, withmy

father andwhatnot, butneverever haveI likedoneiton an instrumentthat is on a state levelwhere it' s

responsiblefor, you know , somebody' s prosecution oraccused, you know, for DUI. I' ve never done it.


. (BY MR. LUNEAU Mr. Lopez, in your

opinion, were thereissueswith the intoxilyzerthat

madeyou question their reliability?

A . Yeah. I' dhave say a little bit justfrom mybackgroundandwhatnot. I always

second- guessed those things to begin with . So, Imean, I know we -- there was a lotofmaintenanceon

thenew ones.

moreresponsibilities. Itwas justmoreofa sensethatwewere both there atthe same time, and wewere

both workingon them .

Q . Do you remember if he signed anything ?A - uh .

Q . Do you remember if that salesperson or

whoever they were were signing anything ?-uh.

Q . It could havebeen signed stuff, but

because itwas so long ago , you don ' t remember ?

A . Yeah . Like I said , I want to say we

either signed -- we could have all signed something ,

but it was never -- how would I say it? It was never,

like all in one paperwork . It was probably on each

instrument individually , ifwe did sign anything,

whether itbe the e- pad or the electronic one or was

some other paperwork , but I'm pretty sure ifwe signed

anything it had to be on the pad.

Q . And if it was on the pad ,because you ' re

usingMikeBarnhill' s card, you probably signed MikeBarnhill?

A . That one I 'm not even too sure . I don ' tthink we signed -- I don't recall -- I don 't think we

would , but we could have . I have no clue, in which

case , I mean, ifwe did , it was something that Mike

14

17

18

25

10 ( Pages 37 to 40)



ADAM LOPEZ - 2 / 22 /2017


4341

and Jeff had discussed, andmeand Alan were justdoing what we were told at the time.

So I m nottoo sure, actually, yeah, if

the employeeID had conflictingsignatures. That was

kindof somethingI didn' t really payattentiontowhen I wasdoingcertificationsfor them . All I was

reallythinkingaboutwas gettingthe samplesinto the

instrumentandbreathinginto them ,makingsure theywereokay, and thatwas about it.

Q . Wasthereanythingelse besides the

rushednaturethatkindof raised a red flag? And,

obviously, you doing someof the stuff thatyou didn 't

feelcomfortable, you know, changingthe chemicalsand

blowinginto it, the sampling. Otherthan those two,

was there anythingelse thatkindofraised a redflag?

A . The only thingthat kind ofmademe--

kindofmademeworried or maybekindof cautious

about, if anything, was just that there was nevermuchconversation in termsof, like, the processofhow

everythingwas goingto rolloutand, you know , dates

and, you know, a timeframeor anythinglikethatprovided tomewhen I was there.

So, Imean, that was kind ofuncomfortable , because I had no idea on a day -to -day

information to the wrong person.That was kind of the other troubling part

for me, a lotof responsibility, especially on me,somebody that was still in college and somebody thatwould go to school and then work part- time, comebackand -- you know , there was -- it was a lot of

differentduties that I probably -- weren ' t qualifiedto do, obviously . Butbecause I was in an internship ,I guess, and they were miniscule tasks , that they gavethem to me.

Q . (BYMR. ORR) Did you everhaveissueswith theofficersusingother officers' IDs?

A No, not that I recall, no. I don' t --

like I said, wetried -- or I tried, for themost

part, notto giveoutanybody's passwordsor IDsbymistake. I tried to makesure thatitwas just those

people, becauseusuallythoseofficersweretheones

thatcalled for the information, becausethey were the

ones thatweretroubleshootingor somethingwasgoing

wrong at their police departmentwherethey couldn'tfigure itoutor somethinglikethat. Buttherewas

never anythinglikethat thatraised a red flagin asense.

Q. Would you say that Jeff was panicked andrushed to get these things out on time?

42 44

2

13

basis whatwewere goingto do. I would justknow

that I was goingto comein and thatwhatevertask I

was given that day maybe somethingI wasn't able tofinish up the day before. But, I mean, there was atask that - - you know, I reallyhadno ideawhatmyofficialduties were at thatplace.

Imean,meinterning, I guess that' s kind

ofwhathappens. But, yeah, I mean, thatwaskindofa littlebit uncomfortablebecause I did not know if I

would have to do somethingthatmaybe, at the time, or

duringthatday Imightfeeluncomfortabledoing.

Andthen also ifMikeor them askedme,

becauseI was an intern, how do I go aboutsaying, no,I don' t feel comfortable doing it ifI were to do it.I neverhad that incidentcomeup toomuch.

Theonly timesI did kindof questionor

ask a lotof thingswere, you know, when I did providethe documentationpaperworkfor lawyers. Especially

for lawyers, I did not want to providethem the wrong

documentation, especiallyif itwas somebody' s, you

know, DUIon the line. Especiallyalsowith the

officers, I didn' t wantto providethewrong

information, because they were supposedto allhavetheirown ID numbersandtheir ownpasswordsand

things like that, so I didnotwant to give outthat

A . I don' t know if I would say panicked, butI felt like, like I said, therewas a rushedor --

yeah , like a rushedmentality, likewehad to get thisdoneby a certain time, becauseweeven camein on

thatSaturday and hadto work for it, too, which Ididn' t understand, becausehardlyeverdidwework on

Saturdaysand hardly everdid weall come in . I knowMikeprobably would comein sometimesjuston hisdowntime, butnevereverwereweall there on a

Saturdayto try to get theserolled out.And what felt really weirdwas that even

though it waskind ofrushed, we stillhad the old

intoxilyzerstillbeingused, so I didn' t -- that waskind of another thing that I didn' t think about, but

now thatI think about it a littlebitmore, I mean,we had the old ones still atthe station atthe time.

And even though we were certifying these

new ones , we were -- I was still sending out thedocumentation for the older ones -- the lawyers - -

because that ' s the ones that they needed , and also

providing the information for the old instruments and

still doing maintenance every once in a while on the

old ones that came in , such as cleaning the tubes, you

know , and making sure the wires were soldered and

connected correctly

14

15

20

21222324

11 (Pages 41to 44)



ADAM LOPEZ - 2 / 22 / 2017


47

��

�

�

�

P

P

Q . Did you ever have problems getting anymaterials to fix the old machines ?

A. No. As far as I knew, I think we had

everythingQ . Sowe could have runthosemachines for a

couplemore years ?A . I think so , yeah . I mean , there was

never an issue, as far as I knew , with the old

machines. I didn' t even know -- other than what Mike

had told me in terms of the old machines , first of

all, we were doing it because the old machines needed

a lotofmaintenance , because they were very manual,

so they needed a lot ofhand work , you know , to clean

them out, to make sure this was done.

It was also -- the new ones were ,

obviously , a lotmore convenient because they had the

e -pad They also had -- they were a lot lighter , alot smaller . They were also easier to take apart if

you were to try to take them apart. And the old ones ,the old ones had like - - they were like square and

they were very heavy and hard to turn around and

maneuver. The other ones were light, very easy tomaneuver and, you know , fix

Q . Butyou never heard anybodytell you that

they couldn' t get parts for them ?

or anything like that. Pretty much everything that I

did was, like I said , get an air hose and blow stuff

because you couldn 't scrub anything because you would

damage it, and we had to do it all by air . Wehad an

air compressor that we' d blow into the machine.

But yeah , Imean , when I was there, yeah .

The old ones for me, I mean, they seemed to work fine .

I never had anybody complain about them too much , but

we were getting a new one, for some reason , and the

new ones were -- everybody was happy because we weregetting a new one.

Q . Kind of like Christmas?A . Yeah . So we just rolled with it, and

thatwas it. And plus the old ones, I know one thing

that they really hated a lot for the old ones was that

you had to have a dial-up , and so you had to actually

have a computer and Internet and you' d hear the

dial-up ping, and itwas loud and noisy . It took a

while just to upload information , download from it.

And the new one, you didn't have to do too much of

that ; itwasn ' t a dial tone. I want to say prettymuch itwas Ethernet or wireless . Itwas pretty easy .

Itwas going a lot quicker , too , when I had to , like,

look at paperwork or download information from it, and

re- upload it, and, you know , make sure I take a copy

1516

N

N

N

N

24

46 48

P

P

P

P

A . No. As far as I knew , I mean, we had

everything. Whateverwasthere -- I mean, therewas

never, ever an instancewhere we -- that I knew thatwehad to order a part and wecouldn' t providethat

old intoxilyzerback. Because, if I recall, wehadactually reservesfor it in such instances. In case

somethingwereto happen, you know , we could -- they

sendonein, butwe'd alwayssend a new one out to thepolicedepartments, so they could stilloperate. They

weren't just, youknow , completelydeadtherewithout

an intoxilyzer. Wealwayshad one for them if theyshipped one in . Sowehad a couple, I think, in

reserve.

But, yeah , in termsofparts or thingslikethat, I rememberwehaddrawers- - itwouldn' t beMike's desk, but it wouldbe a desk a littlebitmore

on the far right-handsideof the office. Therewas

somedrawerswhere we did allof themaintenanceon

the old ones, and thosehad differentparts. Like

they had chips, they hadhose tubes. They had

differentthingsthat, obviously, wehad stock of.

Nottoomuch that I had to replacetoo manythings.

Most of the stuff I was in charge of wasthe cleaning , so I mean , it wasn' t too much. Like I

had to take outa chip or something, put a new chip in

forus, for ourdocumentation in the office. Itwas

really quickBecause I remember that was one thing I

was - - I did not enjoy was downloading from the old

ones . So it took a long time, and I had to go through

all of them , a hundred or so of them , and then each

one , oneby one by one . And then once I got finished ,by the time I got finished , I 'd have to go back again

and start the new one over and over and over again ,

because we'd need to keep downloading them every weekor so .

Q . Butthe new ones you could do something

differentwith ?A . Thenew ones, like I said, I wasn't there

for thewholeperiod oftimewhen they were rolled

out, and I did notdownloadtoomuch from them . But,

yeah, you could- - I know it was a lot easierto

download, becauseitwenta lot quicker, becauseI

know Anthonywasthe onethatwasdoingmost of thestuff like that.

time, I was already startingtohaveto copy documentsandtry to putthem in the PDF.

That was kind ofmytask at thatpoint. Therewasn' t

too muchelse that I did in termsof, you know ,

providingsamplesorthingslikethat for officers.

16

20N

N

N 22

23N

N

N

12 (Pages 45 to 48 )




ExaminationUnder Oath


Q . (BY MR. ORR) Adam , thank you so much .

We' ll even get you a copy of the transcript so youhave everything. Obviously , we would like your

permission to be able to share this with other people

so you don ' t have to do this with other people . Is

that okay if we share this ?

A . Yes, it' s fine.

Q . And I possiblywill get a bunch of

questionswritten down thatlawyersare going to go,

Whydidn' t you ask him this? So I may ask you backfor a cup of coffee if that' s okay

A That s fine.

MR. ORR: Thank you so much. And 'll

get you outof here, because I know you' got to goto work

WHEREUPON, the within proceedingswereconcluded atthe approximate hour of 10 :00 a.m . on the22nd day of February, 2017 .

( It was stipulatedandagreed by counsel,

with the consentof thedeponent, that thereadingand

signingof the within deposition by thedeponentwaswaived.)

50

REPORTER ' S CERTIFICATE

STATE OF COLORADO

COUNTY OF DOUGLAS

I , JENNIFER WINDHAM , Certified ShorthandReporter and Notary Public ID 20024038675 , State of

Colorado, do hereby certify that previous to thecommencement of the examination , the said ADAM LOPEZ

was duly sworn by me to testify to the truth inrelation to the matters in controversy between theparties hereto that the said deposition was taken in

machine shorthand by me at the time and place

aforesaid and was thereafter reduced to typewritten

form the foregoing is a true transcript of thequestions asked, testimony given , and proceedings had .

I further certify that I am not employed

by relatedto, nor of counsel for any of the parties

herein, nor otherwise interestedin the outcomeof

this litigation.

IN WITNESS WHEREOF, I have affixed my

signature and seal this of March , 2017.

My commission expiresDecember2 , 2018.

Readingand was requested.

Reading and Signing was waived .

Reading and Signing is not required.

13 (Pages49 to 50 )



ADAM LOPEZ

50

REPORTER' S CERTIFICATE

STATE OF COLORADO

COUNTY OF DOUGLAS.

I JENNIFER WINDHAM , Certified Shorthand

Reporter and Notary Public ID 20024038675, State of

Colorado, do hereby certify that previous to the

commencement of the examination, the said ADAM LOPEZ

was duly sworn by me to testify to the truth in

relation to the matters in controversy between the

partieshereto that the said deposition was taken in

machine shorthand by me at the time and placeaforesaid and was thereafter reduced to typewritten

form ; that the foregoing is a true transcript of the

questions asked , testimony given , and proceedings had.

I further certify that I am not employed

by , related to , nor of counsel for any of the parties

herein, nor otherwise interested in the outcome of

this litigation.

IN WITNESS WHEREOF I have affixed my

signature and seal this of March , 2017.

My commission expires December 2 , 2018 .

Reading and Signing was requested.

Reading and Signing was waived.

Reading and is not required.

Jennifer WindhamCertified Shorthand Reporter

ADAM LOPEZ - 2 / / 2017


Page 51

�

attach .13: 20

45: 19 34 : 18 , 22 38 :21 card 7: 23 19: 8, 10 17: 4 33 :24 41:13

a . m 1: 13 49: 18 apologize 22 : 22 42: 9 44: 15 46 : 16 40 : 20 chip 46 : 25 ,25

able 29 : 20 42 : 3 approximate 49: 18 : 13 care 31:23 chips 46 : 20

49 : 5 area 33: 6 blew 25 : 17 27 : 14 case 20 :24,25 32: 16 Christmas 47: 12

access 30 : 19 31:6 asked 15 : 6 ,25 blow 14: 1,2 20: 14 40 :25 46 :6 Civil3 : 2

accused25 : 10 , 11 37:25 42: 12 50: 9 47: 2 , 5 casual34: 20 clean 5 : 18, 2114: 7

: 16 asking6 : 14 blowing6 : 20 8 : 5 , 8 cautious41: 18 18 : 7 , 8 38 : 4 45 : 13

acetone 17 : 9 6 : 19 27: 7 12:23 33: 24 CDPHE 24: 11 cleaning 14: 5, 5

activity 34:24 assisting6 :18 31: 15 41:14 certain 17: 8 , 19 , 20 23 : 24 24 : 3 44:23

actual 36 : 9 atmosphere 24: 11 blown 27 : 20 24: 25 26 : 17,22,23 46 :24

Adam 1: 7 , 12 3 : 5 ,13 body 6 : 15 44 :4 click 17: 15 29: 4 , 4 , 4

24 : 10 49: 2 50 :5 attention 35: 2 41: 5 30 : 12 certificate 21: 19 ,21 close 26 : 2

administer : 4 attorney 28 :20 29: 7 boss 9 : 17 , 18 16 : 7 , 8 35 : 8 , 13, 14 , 17 clue 40 :24

affiliated 12 :13 attorneys 26 :21 16 : 8 36 : 4, 13 37 :21, 22 CMI10 :8 23 : 9

affixed 50 : 15 authority 14:21 Boulevard 1: 13 2: 3 50: 1 31: 17

aforesaid 50 :8 39: 18 breath 8 : 18 16 :25 certificates36 :6 COBRA 30 :19

ago 12: 25 40 : 10 automatically breathalyzer11: 5 certification 6 : 8 coffee 49: 12

agreed49:21 36 : 16 16: 23 13: 2 , 4 , 18 20 :17 college 24 : 16 , 17

AGREEMENT breathalyzers 4 : 19 22: 3 23 :20 , 25 43 4B

1: 11 6 :39: 23 37: 15 28: 21 32 : 16 33: 20 Colorado 1 : 13, 14

: 22 15: 17, 23 breathe5 : 15 8 : 16air 5 :21 14 : 8 47: 2 4 37: 19 39: 13, 21 1 : 16 2 : 3 , 4 , 8 3: 2

47: 519: 14 26: 13, 14 17: 16 26 :12 certifications6 : 18 50:2 ,534:13 36 : 22 43: 5Alan 10 :15 12: 8 breathing 5 :19 6 : 3 :11 8 :7 9 1 come11:6 16 : 1846 :5 48:8 49:1115: 3 16 :24 ,24 8 :24 24 : 7 41: 8 16 : 16 19: 1 27 16 19: 14,23 26 : 8, 8

19: 14 22: 9 , 13, 17background24: 13 bringing7 : 14 28: 25 37: 4 39: 5 29: 24 34: 4 , 5 37: 7

33: 10 , 13,13,2324: 14, 16 38 : 22 brought5: 23,24 41: 6 39: 4 42: 2 , 15 43: 5

34: 1141: 1Barnhill4 : 9 5 : 18 certified 1: 15 6 : 11 44: 7 , 8

6 : 17 9 : 3 , 4 , 5 , 18, bunch : 9alcohol 13: 13 17 : 8 27 :2135: 7 , 12 comfortable 16 : 4

Alex 11:11, 1610: 1, 20 12: 8, 24 Butcher35: 23 50: 4 41: 1342: 14

14: 16 ,21,22 18: 10 Butcher' s 35 : 17allowed 32: 11 certify 6 : 7 50 : 5 , 10 coming 11: 17 23: 218 : 12 19: 6 , 14

amounts 17: 8 36 :8 certifying 18: 23 24 : 15 29:2139: 20

Andrea 11: 10 12: 922: 9 29: 22, 23 24 :7 44: 17 commencement31: 15 40 :21 �

20:10 22: 11 chance31: 16 50 : 5

Barnhill' s 18: 25Anthony 11: 12, 13

C 2 : 1 10: 15 change : 16 32: 7 comments 26 : 16, 17

40: 2011: 16 12: 10 20: 9

calibrate 17 : 20 changed 35: 20 commission50: 18

22 : 12 30 : 15 48 : 19 basically 8: 5, 14 calibrating6 : 23 changing14: 10, 15 community : 1818: 8 11: 20

anybody 6 : 1433: 24 41: 13 complain 47: 8

10 :2122: 11, 14basis42: 1 calibration 11: 18 charge 27: 7 , 7 33: 18 completely 46 : 10

32 : 14 39 : 17 45 :24becoming 6 : 11 calibrations 6 :21 46 : 23 compressor47: 5

believe 10 : 547: 8

11: 8 , 17, 23,25 check 9 : 14, 20 computer4: 15

Bellaire2 : 7anybody' s 43: 15

20: 4, 6 21: 7 check -marking 11: 18 25:13 26 : 10

benefits4 : 1anymore 12: 4

call 19 : 14 28: 3 39 :6 21: 15 30: 10 31: 6 : 16

17: 11best13: 1 called43 : 18 chemical17: 19 47: 17

apart38: 12 45: 1813: 15 15: 2 calling19: 13 chemicals14:11, 16 computers31: 7

16 : 17,20 28: 6 calls 20 : 4

Hunter + Geist , Inc .

scheduling @huntergeist. com * 303- 832- 5966 * 800 - 525 - 8490

ADAM LOPEZ 2 / 22 / 2017


Page 52

drinking 4 :21drive 4 :22 30: 3

31: 2

drives 31: 10

driving 4 :21 25: 14

droplets 13: 13

drunk 25: 14dry 14: 8

DUI38 : 16 42:21

duly 3:6 50 :6duties 20 : 1 42: 6

43: 7

everybody 7 : 18

16 : 1147: 10

exactly 7: 25 25 : 20

33: 18

examination 1: 5 , 11

3: 9 50 :5examples 29: 18

excited 7 : 19

expires 50 : 18

extra 6 : 15

concluded 49 : 18 dates 7 :25 27: 21

conflicting 41: 4 41: 21

connected 44: 25 David 35: 17 ,23

consent 49: 22 36 : 8

contact24 :24 25: 5 day 34: 22 42: 3 ,4, 11

28 : 11 49: 19 50 : 16

context 24 :21 day -to -day 41: 25

controversy 50: 6 days 6 : 1 16 :2124 :6

convenient 45 : 16 37 : 8

conversation 9: 22 dead 46 : 10

15: 9 ,23 41: 20 deadline37:5

conversations debris 5 : 2015 : 17 33: 19 December4 :2

copies 30 : 8 , 9 33: 8 50 18

copy 5 :4 27: 23 decommissioning35 : 14 47 : 25 48:22

49: 3 defendant24: 12

CORA27: 8 28:2 defense26 : 17, 18,21

correct29: 25 degree24 :17 38: 3

correctly 44:25 demo 26 :11counsel23: 6 49:21 Denver1: 14 2 4 , 8

50 : 11 department 3 : 15

COUNTY 50 : 3 3 : 18 10 : 3 12 : 15

couple 4 : 12 5 : 12, 24 22: 20 ,22, 24 24: 16 : 1 9 : 16 16 :21 25 :5 31: 16 36 : 14

24 : 6 ,6 36: 9 39: 2 , 3 43: 20

45 :6 46 : 12 departments 19:23course 19 : 10 20 : 21 24 : 22 28 : 3 32: 9

25 :24 32: 19 32: 25 35: 15 39: 6

court 9: 15 46 : 9

courtroom 25 :23 deponent 3 8 49: 22

27: 2 , 4 34 : 14 : 23

courtrooms25: 21 deposition 49: 23

33 : 2 50 :

create 13: 10 , 11 derogatory 26: 17

created 13: 19 describe13: 1criminology24: 17 desk 46 : 16 , 16

cup 49: 12 device 5 : 8 6 : 20

14: 12

devices 18: 24damage 47 4 diagnostic- typeDANIEL2: 6 5 : 16data 28: 20, 22 dial47:21

30 : 19 dial- up 4 : 17 47: 16date 27: 19

47: 18different4 :12

13: 11, 21,23 14 : 1

14 : 2 15 : 25 17 : 7

17: 12 , 12 18 :6 , 6

22 :23, 23 28 :25

29: 131: 9 , 10

36 :11 43: 7 46 : 19

46 :21 48 : 13

directly 23: 9

discussed 41: 1

discussing 15 : 5Discussion 12:21

21:5 24: 9 38 : 17

49: 1

dispose 18:8documentation

4 : 19 27: 14 29: 1442: 18 , 20 44: 19

48 : 1

documentations

30 :8

documents 14: 17

20 : 2129: 1, 18

48:22

doing6 :2 7 : 7 ,8 8 : 69:21 11: 20 , 20 ,2211: 24 13: 5 15:716 : 15 17 : 5 19 : 1

20 : 4 22: 10 30 : 11

33: 15 34 :8 ,2139 :12 41: 2 ,6 , 12

42: 11, 14 44: 2245: 1148: 19

DOUGLAS50:3

download 30: 13

47: 19 , 24 48: 16 , 18

downloaded31: 1

downloading4 : 14

5: 5 7 :4 11: 19

24 : 3 48: 4 , 10

downtime 44: 9

drawers 46 : 15 , 18

dressed 34: 19

E

E 2 1, 1, 6e- pad 40 : 16 45: 17

e- sign 27: 17

easier 45 : 18 48: 17

easily 30 :2 31: 1, 9

easy :22 47: 22

education 20 : 19

37 : 21

either 33: 15 39: 25

: 12

electronic 5 : 4 18: 18

40 : 16

employed 50: 10employee 11: 1 3

12: 16 15: 21,2541: 4

employees 10:411: 6 , 9 31: 7

enforcement 25 : 25

26 : 2

engineer 37 :23

engineering 38 : 3

enjoy 48:4entire 24 :21

envelope 27 : 13equipment 38: 12

errors 39 : 10

especially 32: 142: 18 , 20 , 21 43: 3

ESQ 2 : 2 , 6

Ethernet 47: 22

face 23: 12

familiar 10 :10 36 : 2

far 6 : 10 14 : 19

16 : 14 20 : 23 33 :945 : 3 , 8 46 : 1,17

father 38 : 13

February 1: 9, 1249: 19

feel 37 : 25 41: 13

42: 11,14felt 37: 5 ,1139: 1

44 :2 , 11

Fife 2 :6

figure 43:21

file 5: 3 30: 17

files 31: 9

filing 30 : 14fine 8 : 2 47 : 7 49: 8

49: 13

finish 42 :4

finished 48 :7 , 8

Firm 2 :3

firms32:25first 3 :6 7 : 20 20: 19

45 : 10

five 13: 22 29: 1

fix 45 : 2 ,23

flag 37 : 9 41: 11, 16

43: 22

following 3 :

follows 3: 7foregoing 50 : 8

form 50: 8


scheduling@huntergeist. com * 303-832- 5966 * 800 -525 - 8490

ADAM LOPEZ 2 / 22 / 2017


Page 53

G

42 : 7internship 3 :25

9 :2120: 20 43: 8interpretation

16: 10

intoxilyzer 5 :7 7 :21

13 : 17 17 : 14 23: 25

25: 17 38: 19 44: 1346: 5 ,11

intoxilyzers4 : 15involved20 :24

31: 14 37 : 20issue 33: 25 45 : 8

issues 38 : 19 43: 11

items 11: 8

�

forth 15:24 26 : 15 5 : 11, 19 6 : : Huh-uh 40 :5 ,8four 15:4 13:1116 : 19 17: 19 hundred 39: 3, 9

Friday 34 : 9, 10 20: 24 23: 16 27: 17 48

friends25 :24 31: 4 39: 17 42: 7 hurry 37: 9 , 14

full 3 : 11 43: 9further50: 10 guessing : 5

guy 22: 10 . 19 14 22 15:21,25

guys 14 :12 18 :23 18 :25 28 : 13 41:4general 24 : 11 31:7 18 :25 32: 11 33:23 42:24 50 :4

33 :6 ID ' s 16 : 12

generated 36 : 16 idea 6 :23 22:22generation 29:24 hand 45 :13 41: 25 42: 5

gentleman 10 : 10 happen 46 : identified23:5

10: 12 23: 4 happened20 : 9 IDs15 : 12, 13 19: 4

getting4 :25 27: 10 35 :24 36 : 24 43: 12 , 15

41:7 45 : 1 47:9 11 happens 42: 8 immediately 11:Gillim -Ross 35 :21 happy 47: 10 incident 42 : 15

give 14 : 21 29: 7 hard 5 : 4 12 : 25 30 : 8 individual 7 : 6 8 : 2232: 12 42: 25 43 : 15 30 :9 45 : 21 10: 16 27: 20

given 32: 10 42: 3 hard- copy21:21 individually40: 15

50: 9 hated 47: 15 individuals 5 : 24

giving 4: 1 26 : 11 Health 3 : 15 , 18 25 :8

Glendale 23 : 1 10 : 3 12 : 15 22: 22 influence 25 : 15go 4 :3 : : 15 22: 24 31: 16 36 : 14 information 4 : 14

15 : 23 17: 22 20 : 13 hear 47 : 17 27: 10 28: 16 ,24

21: 1, 3 , 1124 :22 heard 22: 3 27: 3 30 :4 31: 21 32 :8

25 :2127: 4 29: 25 39: 10 45 :24 42:23 43: 1,1834: 14 42: 13 43:5 hearing 9 : 15 15: 23 44:2147:19,2448:5 , 8 49:10, 15 hearings27: 4 initial6 :7 28:21

going4 :20 5 :3 8 :23 34: 14 39: 5

9 : 15,20 11: 19 heavy 45 :21 initially 24 : 18

12: 19 14 : 23 15 : 18 help 23: 2 instance 46 : 3

15: 19 16: 22 19: 18 helping 6 : 7 8 :23 instances 46 :6

22 :5 24 : 24 27 : 3 hereto 50 : 7 instrument27: 20

30: 16 , 17 32: 20 hey 32: 2134: 1 38 :7 , 14 40: 1533: 19 34: 2 41: 21 high 17: 24 41: 8

42 : 1, 2 43: 19 history 25: 4 instruments 39 : 23

47 : 23 49: 10 hit 17 : 19 44 :21

good 24 : 20 ,2125 :2 honest 30 : 11 intent 24 : 19

25 : 2 , 24 honestly 7 :6 14 : 19 interested 50 : 12

hose 46 : 20 47 : 2 intern 4 : 4 6 : 22

Groff 4: 9 9 : 10 22: 9 hoses5 :21 17 :13 14 :23 15: 7 18 : 12

24: 23 hot 14: 7 42: 13

group5 : 10 hour49: 18 Internet47: 17guess 3 :25 4 :13, 20 hours 16 : 18 interning31:22

26 : 19 31: 25 33: 1837: 3, 4 39: 22 45: 345 : 8 46 : 1, 3

know 5 : 19 7:11,21

8 :119 : 3, 4 , 9 , 14,20

: 16 12: 2 , 3, 2414: 20 15: 17, 20

16: 1, 14 , 20 , 22

18: 20, 22 19: 8 ,20

19 :21, 25 20 : 4, 23

21: 11, 14 22: 2

: 13 24:22 ,23,2324 : 24 , 25 : 1 2

25 : 23 26 : ,6 , 20

26 : 24 27: 25 28 : 1

28: 1, 2 , 5 , 5 ,6 , 7 , 828 : 16 , 19, 23 29: 14

31: 19 32: 3 , 6 , 19

32:21,2133: 1, 14

33: 24 34: 1, 1, 11

34: 24 , 25 35 : 18

: 5, 17 37 : 12, 1237 : 16 38:6 , 12, 15

38 : 16 , 24 39 :2141: 13,21,22 42: 1

42: 5 , 9 ,17,2143: 644 : 1,7 , 24 45 : 9 , 1345 :23 46 :7 , 10

47: 14,25 48: 17 , 19

48: 24 49: 15

jars 13: 24 17: 12

Jeff 4: 5 , 9 5 : 24 9 : 10

9 :18, 19 15 : 1,11

15 : 17, 24 16 : 1, 716 : 11, 15 21: 8 , 12

22: 9 23 : 16 24 : 23

24 :23 25 : 18 27 : 329:21 33 : 1, 17 ,21

34: 5 , 7 , 12 36 : 5

41: 1 43: 24Jennifer 1 14 50 :4

joined 22: 12

jump 30: 3 31:2 , 10

K

keep 48: 10 L - - : 13kind 4 : 4 ,23 5 : 2 , 17 L . L . C 2 : 3

5 : 18 7 : 20 9 : 18 lab 26 : 9 39: 1913: 5 14 : 3 15: 7 ,23 labeling21: 1516 : 6 ,8 23: 15 25 :6 late 16 : 1730 : 6 33: 13, 15 Laura 35 :2036 : 23, 24 37 : 1, 6 , 8 law 2: 3 24: 19 25 :2437: 10,11, 17 39: 1 32: 2541: 5 , 11, 15 , 17, 18 lawyer21: 1 29: 1241: 18,24 42: 7 , 8 29:1242: 16 43: 2 44: 12 lawyers4 : 7 : 544: 14 47 : 12 48: 23 24 4 26 :17, 18

knew 9 : 7 23:15 27: 10 32: 8, 11

gray 7:22


scheduling @huntergeist . com * 303 -832 - 5966 * 800 -525 - 8490

ADAM LOPEZ 2 / 22 / 2017


Page 54

35: 15 36 : 12 42: 18 Luneau2 : 6 ,6 3: 10 15: 6 16 : 5 , 7 17: 4 name3: 11, 12 6 : 1 34 :13, 14 46 : 1742:19 44 : 19 49: 10 5 :6 8 :3 10 :19 17 :23 18:2 , 4 7 :7 8 :22 11: 10 ,15 48 :1

learning 32: 4 11: 12 12 : 22 16: 13 19: 19 ,22,24 20:11 23: 12, 13 27: 9 officer 7 : 15 24 : 19left 11:3 30 : 15 17: 2 21: 3 22: 1 , 16 21: 20 22: 14 25 : 15 35 17, 17 36 : 2 , 3 , 7 28 14

35 : 24 26 : 16 31: 14 36 :21 25: 20 ,2126 :20, 21| 36 : 8 , 8 officers 25 : 3 26 : 8

legal23 :6 38: 18 26 :22 27 : 1 28: 8 names9 : 8, 9 30 : 23 32: 3 42: 22 43: 12

lengthy 20: 2 28: 12 29: 10 , 16 36 : 5 , 9 43 : 17 48:25

let ' s 28:21 M 31:4 , 11 32: 1, 13 nature 41: 11 officers' 43: 12

level17:20 38: 14 machine 7 :118 : 5 33: 9 34 : 23,24 near 5 : 4 offices 22: 25

levels 13: 11 11: 24 21: 7 , 8 35 : 9 36 : 2 , 15 , 16 need 48 : 10 official42: 6

light45: 22 27: 19 31: 18 35: 7 37: 7 , 18 38 : 10, 11 needed 5: 118 : 17 okay 4 : 10 5 : 13

lighter45 : 17 47 :5 50 : 738: 24 39: 8 , 8 , 9 , 16 19: 10 32: 17 44: 20 14 : 22 16 : 2 17:21

line13: 19 42: 21 machines7 : 17 8 : 9 39 : 22 40: 25 41: 24 11, 13 21: 18, 22 29:7

lined 8 : 10, 13, 20 10 :17, 20,2112:23 42: 4, 7 , 8 44: 15 never 9 : 19,22 12: 9 41: 9 49: 7 , 12LinkedIn 10: 15 13 : 2 , 9, 10 14:24 45: 46 : 1, 2 ,24 14 : 25 23: 19 ,23 old 4 : 15 ,25 5 : 17 7 : 1

list21: 10 18 : 6 20: 6 , 7 , 1347: 6 , 7 24 :2 , 4 26 : 5 27 : 3 12 :6 13: 8 20 :8

litigation 50 : 13 22: 10 24 : 7 30 : 24mentality44: 3 29: 16 32 : 13 35 : 2 28: 9 37 : 4 38 : 5 , 9

little 15 : 2 16 : 16 , 20 39: 23 45: 2 , 5 , 9 , 10 messed 37 : 12, 13 37 : 3 38: 13 , 16 44: 12 , 16 ,21, 23

21: 9 22 : 1 28 :6 45: 11 Mike 4 : 5 , 7 5 : 17 40 : 13 , 13 41: 19 45: 2 , 8, 10 , 11, 19

34 : 17, 22 38: 1,21 magic 21: 22 6 : 17 9 : 3, 4 ,5 , 17 , 17 42: 15 43: 22 44: 9 45 : 20 46 :5 , 19

42:9 44 : 15 46 : 16 mail32: 259 : 24 , 25 12: 8 13: 5 45: 8 , 24 46 : 3 47: 8 47: 7 , 14 , 15 48: 4

logo 36 : 14 main 9 : 17 13: 8 , 10 15: 25 new 5 : 15, 22 7 : 1 , 4 older44 : 19

long3: 25 31: 20 maintenance12: 4 16 : 2 ,8 19: 17 11: 6 12 :4 ,5 13: 9 , 9 once 7 :39: , 13, 16

40 : 10 48: 5 12: 5 38 : ,24 39: 4 20 : 17, 23 21: 13 17 : 14 20 :6 ,7 28 :9 21: 17 32 : 14 35 : 11

look 10 : 10 24 : 14 44: 22 45 : 12 46 : 18 22 :8, 13 23: 15 28 : 10 31: 25 37 : 15 22 48:7

28 : 13, 16 31: 17 majority 39 : 19 26 : 1 27 : 3 28 : 11 38 :25 44 : 18 45 : 15 ones 4 : 12 ,25 5 : 16

32 :22 33: 11,25 :8 44 :24 29 : 3 32 :5 , 6 , 20 46 : 8 ,25 47: 9 , 10 5 : 17,22 7 : 1, 1,4

34: 5 36 : 17 47: 24 maneuver45: 22, 23 33: 17, 2134: 1 , 4 47: 11, 20 48: 9 , 12 10: 23 12: 4 , 5 , 6 , 6

looking36 : 22manila27: 13 34: 1137: 20 38 : 3 48: 14 13: 9 16 : 24 20: 8

looks7 : 22 manual31: 19 40: 20, 20, 25 42: 12 3 : 24 21: 1125: 1, 2

Lopez 1:7 , 12 3 : 5 , 11 32: 10 , 13, 17,22, 24 |44: 8 45 : 9 noisy 47 : 18 : 20 28:9 29: 3

3 :13, 14 12 :22 33: 1 , 3 , 4 34: 1Mike' s 16: 12 36 : 8 normal34: 19 29: 15, 15 31: 6 ,25

38 : 18 50: 5 45: 12 46 : 16 Notary 1: 15 50: 4 33: 18 36 : 1137 :4

lot5 :3, 5, 5 , 23 13:21 manuals31: 17 miniscule43: 9 number 16 : 12 38: 5 , 9 , 25 43: 17

14 : 2 15: 18 18 : 5 , 6 manufacturer miscellaneous7 : 9 17 : 2128: 13 43: 19 44: 16 , 18, 19

18:6 23: 14, 16 22: 19 mistake 43: 16 numbers 12: 2, 2 44: 20 , 23 45 : 15 , 1926 : 14 28 : 24 , 25 March 3: 21 50: 16 Mistich 11: 14, 14 15: 21 16 : 1 42: 24 45: 20, 22 46 : 1930 :7 31: 2, 21, 21 masonary 13: 24 Monday 34: 9, 10 47: 7 , 10, 14 , 15

38: 24 39 : 5 42 : 17 masonry 17: 12 money 31: 3 48: 5 , 12, 14

43: 3 , 6 45: 12, 13materials45: 2

months3 : 21, 24Oath 1 : 5 , 12 operate46: 9

45: 16 , 17, 18 47: 15 matters50:6morning 34 : 21

obviously 23 : 14 operating19: 5

47: 23 48: 17, 18 mean4 : 4 5 : 1 6 : 9 , 10 mouth 22: 17 37 :8 41: 12 43 :8 opinion 6 : 14 22: 18

loud 47 : 186 : 14 , 19, 24 7 : 12 45: 16 46 : 2149: 4 38 : 19

low 17 :24 8 : 49: 11: 23 Occasionally 9:11 order 46 :412: 1 14 :11,19,25 N 2 : 1 office 9: 12 20 : 2, 3


scheduling @huntergeist . com * 303 - 832 -5966 * 800 - 525 - 8490

ADAM LOPEZ 2 / 22 / 2017


Page 55

originally 7 : 18 people4: 20 5: 10

Orr 2 : 2 , 3 4 :7 7 : 10 10 : 1 12: 7 22: 2310 :8 ,25 15 : 14 25 :8 26 : 22 43: 17

16 : 10 19 : 13 21: 6 49: 5 , 6

22 :8 23 : 4 24 : 10 percent 39: 9

29: 24 35: 16 43: 11 percentage 17 : 2049 : 2 , 14 perfect 39: 9

other ' s 15: 13 period 11: 18 19 : 20

outcome 50: 12 20: 2 23: 21 39: 24

outlet 24: 20 48 : 15

overall 24: 13 periods 34: 10

overheard 16 : 3 39:21

override 34 :25 permission 49: 5overtime 16 : 20 person 5 : 25 11: 1

12: 8 , 12 20 : 3 43: 1P

13: 12P2 , 1 phone20: 4

P . C 2 : 6 picture 10 : 15 23: 5

pace 37: 2 pin 19: 8pad 7 : 24 18 :18 ping : 4 8 : 17, 18

19: 9 21: 9 ,23, 24 47 : 1840 : 18 , 19 place 42: 6 50 :7

page 10: 16 places 22 :23panicked 43: 24 plain 25: 13

44 : 1 plug 17: 14

paper 30 : 3 plus47: 14

paperless29: 25 point 34 :6 37 : 18

paperwork 18 : 14 48 : 2318 : 16 20 : 18 24:3 police7 : 15 19:2325 : 2 ,6 , 12 27: 12 23: 24 24 : 1 25 : 3 , 528 : 25 40 : 14, 17 26 :8 28: 3 , 14 32 : 342 : 18 47 :24 32: 9 , 25 35 : 15

part 4 : 14 6 : 10 13: 2 39: 5 43: 20 46 : 918: 22 43: 2 , 15 portable31: 1146 : 4

ports17 : 13part-time43: 5 position 33: 14parties50: 7 , 11 possible 14: 19parts 45 : 25 46 : 14 37: 19

46 : 19 possibly 10 : 8 49: 9password 19: 11, 11 pre-made 17 : 18passwords 42: 24 preferred 24 :2543: 15 pretty 4 :25 5 : 1, 14

pay 35: 2 41: 5 7 :48: , 20 9 : 17PDF 30 : 9 48 : 22 11:5 , 7 12: 20

PDFs30: 17

17 : 10 19:9 25: 13 punch 7 : 24: 3 33: 19 36 : pursuant 1: 113: 2

38: 6 40 : 17 47: 1 put8 : 15 13: 1647 :21, 22 17: 18 20 : 18 30: 3

previous50 :5 31: 9 46 : 25 48: 22

print20: 21 27 : 18 putting13: 1329 : 2 ,3 , 4 22 : 17

printed 36 : 12

printing 35 : 7 ,11

printout 27 : 17 qualified 38: 1 43: 7

pro 24: 11, 12 25: 7 question 38 :20

25 : 19 39: 23 42: 16

probably 3: 20 questioned 36 : 25

13: 17 26 : 20 ,22,23 questions49: 10

31:9 32 : 15 34: 16 | 50 9

39 : 9 , 16 40 : 14, 20 quick 48 : 2

43:7 44: 8 quicker 47:23

problems45 : 1 48: 18

Procedure 3: 3 quickly : 3

proceedings 3 : 1 quite 39: 4

49: 17 50 : 9R

process 12: 1 13 : 18

15 : 19 17: 5 41: 20R 2 1

pronouncing 11: 14 raised 41:11, 15

prosecuted 4 :21 43:22

25:9 ran 4 :22

prosecution 25 :7 rapid 37: 2

38 : 15 re-upload47:25

provide6 :4 , 16 8 :18 read 31:20,23 32: 1

13:13,22,25 18: 1 reader 7 :23

27: 6 ,22 ,25 28 :22 reading 49:22

29:2 , 14, 15 32:8 50 :21,23,25

32:24 35 : 4 38: 6 really 5 :9 ,22 6 :23

42 : 17 ,19,22 46 :4 7 : 1 : 19 :21

provided22:6 12 :17 14:25 15 : 8

25 :16 28 :24 29: 19 15: 10 20 : 7 ,12

32:6 41:23 25:24 26 : 2 27 : 2

providing4 :19 7 :5 31:22 32 : 2 , 4 35 :2

7 : 13 13:24 16 :23 35 : 3 36 :17 41: 5 , 7

16 :25 24 : 4 33: 16 42:5 44: 1147 :15

35 : 14 44:2148:25 48: 2

reason 37: 10 47: 9psychology24: 17

public 1 : 16 29: 15recall :13,13 11:4

50: 4 14: 18 16 : 22 17: 10

18 : 13, 14, 16 19 :3

19: 24 20: 16 21: 1421: 15 , 25 22 : 14

26 : 24 27: 9 28 : 18

29: 20 30 :21 34 :23

35 : 9 40 :23 43 : 1346 : 5

recertified 27: 22recondition 38 : 5

record 3 : 12 10 : 14

12 :2121: 3 ,5 24 : 9

38: 17 49: 1

red 37 : 9 41: 11, 15

43 :22

redid 14: 7

reduced 50 :8

register 17 : 20

registering 32:22

regularly 6 : 25

rehired 3 : 23

related 50 : 11

relation 50 :6

reliability 38 : 20

remake 18: 9

remember 5 :25 7 : 77 : 17, 20 ,21,22,247: 25 8: ,22 9 : 1, 2

9 : 8 11: 9 , 10 , 1515 : 1, 1, 15 , 16

16 : 11 19: 11,1320 : 25 21:21 23: 1223: 13 33: 10 34 : 1835 : 10 , 11, 11, 13 , 16

35 : 20 36 : 1, 3 , 4 , 7

40: 4, 6 , 10 46 : 1548: 3

remembering12 :25

replace46 : 22

Reporter1: 15 50: 4REPORTER' S

50 : 1

requested27: 11

28: 20 50: 21

requests27: 8


scheduling@huntergeist. com * 303- 832-5966 * 800 - 525 - 8490

ADAM LOPEZ 2 / 22 / 2017


Page 56

17 : 3 18: 2 24 : 8sworn 3: 6 50: 6system 4 : 15

required 50:25 17 : 25 September 3: 24rerun 17 : 24 samples 5 :12 6 : 24 serious 26 :25reserve 46 :13 7 : 5 , 14 8 : 15 13: 10 share 49: 5 , 7

reserves 46 :6 13: 16 :23, 25 shipped 7: 18 46 : 12

responsibilities 18 : 3 24 : 8 32 : 7 shorthand 1:15

3 : 18 4 : 5 ,1113: 4 33: 16 34: 2541: 7 50: 4 ,7

19 : 22 20: 1 32 : 4 48: 25 show 10: 14 12: 24

40: 1 sampling7 : 8 41: 14 29: 3

responsibility4 :24 Saturday34: 17 ,21 showed5 : 18 6 : 24

43: 3 37: 7 44: 5 , 10 13: 5, 8, 10 31: 17

responsible4 : 13, 18 Saturdays16 : 18 32: 5 38: 3 , 4 , 5 , 8

38 : 15 44: 7 showing10: 15

rest8 : 6 saved 30 : 2 31: 2 26 :11

RHIDIAN 2 : 2 saw : 1 : 13 23 : 19 side 46 : 17

rid 4 : 25 25 : 6 , 12 32: 14 sign 18:11, 19, 20

right 9 : 3 17: 15 33: 3 34: 15 19 : 15 26 : 13 40: 15

18 : 1 22 : 8 ,11 saying 9: 20 17: 3 signature 50 : 16

24 : 16 30 : 20 21: 9 42: 13 signatures36 : 18

right-hand46: 17 scanning5 : 5 41:4

ring6 :4 schematics 31: 17 signed 18:21 21:18role 5: 8:4 ,6 , 14 school 3 :22,23 40 :4 , 9 , 12, 12, 17

28 :22 37: 23 38 : 10 43: 5 40 :20 ,23

roll41:21 screen 17: 21 signing6 : 12 7 : 10rolled 44: 10 47: 13 screw 37: 15 8 : 25 10: 16 , 19,20

48: 15 scrub47: 3 10 :2114 : 16 18 : 14

rollout14: 12, 13 seal50 : 16 21:2135 : 10 40 : 7room 9: 5, 7 , 10 second 16 : 5 21: 4 49 :23 50 :21, 23, 25

15 :23 16 : 15 19:17 second - guessed simple 28 : 15 38 : 426 : 5 5 ,14 34 :12 23 six 13: 23 29: 1

routinely 9:11 see 9 : 20 10 :21 12: 9 slender 7 : 23

Rules 3: 2 12: 12 24 : 22 28 : 16 slips 36 : 10,11

run 12: 1 13: 15 14 : 4 36 : 4 smaller 45: 18

18 : 5 30 : 24 45: 5 seeing 18: 16 36 : 7 -and-so 27: 14

running 5 : 10 16 : 19 seen 12: 9 solder 38 : 9

runs 14:6 send 20 : 21 27: 13 soldered 44: 24

rushed 37 : 6 39: 1 29: 5 , 8 , 8 , 11, 12 solution 17: 7 18: 8

41: 1143:25 44 : 2 : , 8 solutions 35 : 1

44 : 3 , 12 sending 28 : 18 somebody 6 : 17 8 : 5

44 : 18 20 : 11 21: 17 32:21

sense 16 : 5 25 : 43:4 , 4S 2 : 1 37 : 9 39 : 1, 18 40 : 1 somebody' s 38 : 15sales 22: 10 , 13, 19 43: 23 42: 20

salesperson40: separate9: 12 26 :4 somewhat37: 5sample 5 : 12 6 : 5 , 16 | 34: 13 sounds 18 :23 36 : 2

8 : 19 13: 18, 25

South 1: 13 2 :3 ,7speaking 4 : 8specifically 15:20

19: 2

spectrum 29 :13

speculated 39 : 22

spell 36 : 3

spelling 3: 12

spoke 39: 11

square 45: 20

ss 50 : 2start 4 : 1 48: 9

started 11: 17

starting 30 : 7 ,748:21

state 3:6 , 1124:21

24 : 21 38: 14 50: 2

50 : 4

stated 16 : 1

station 44: 16stations 7 : 15 , 16

stay 37: 18

stipulated 49 :21

stock 46 : 21strange 36 : 23

Street 2 :7

5 : 16 7: 8 , 9

11: 19,21 19 : 1526 : 11, 13 34 : 15

38 : 4 40 : 9 41: 12

46 : 23 47: 2 48: 20Suite 1: 13 2: 4, 7

supposed 42:23

sure 11: 1, 2 , 5 13: 3 ,714 : 19 18 : 15,21

19: 9 25 :22 31: 24

33: 2 36 :6 , 19,20

40: 17,2241: 3 , 8

43: 16 44: 24 45: 14

47: 25

switch 13:25 14: 1

17: 17 20 : 14

switched 35 : 1

switching 16 : 25

T

table 33 :6tables 8 : 11, 12

take 13: 8 15 :8 18 :7

30 : 16 34 :4 39: 1645: 18 , 19 46 : 2547: 25

taken 1: 12 3: 2

38: 1150 :7

talk 21: 1 12 23: 14

25 : 1 35 : 4

talked 9 : 19 26 :6

talking 15 : 2, 2

task 30 : 12 42 : 2 ,548: 23

tasks 43: 9

taught 38: 11

teaching 32: 3

team 18 :23tedious 30 : 12

tell 3 : 17 6 : 10 13: 421: 8 23: 5 , 8 24 : 1226 : 19 27: 19 29:645:24

: 23 9:2123

12 :4 13: 3 23 :23

23: 24 24: 24 25 :4

25 : 6 26 : 6 , 1528: 13, 17 29:11, 1732:2 , 7 33:20 38 : 8

41:20 45 : 10 46 : 1448 : 24

test 27: 14

testified 3 : 7

testify 50 : 6testimony 50 : 9testing 11:7 14: 12

19 : 18, 20tests 4 :22 5 : 10 18 : 7

26: 4 30:24thank 4: 10 49:2, 14

Hunter + Geist , Inc.


ADAM LOPEZ 2 / 22 / 2017


Page 57

Y

they' d : 13 20: 10 ,25 23:23 23:18 33 7 34 : 9thing 5 : 9 14 :5 26 :2130 : 31: 3 36 : 5 41: 14

15: 14 26 : 1 27: 3 31:22 34: 10, 16 , 20 -week 23: 2032: 16 37: 1,11, 16 35: 24 39: 20, 24 type6: 5 21: 1 37:22

: 17 44: 14 47: 14 40: 2 41: 2 42: 10 typewritten50: 8

48: 3 43: 25 44 4 , 16

things 5 : 3 ,5 , 5 , 13, 20 | 48 :5 ,8 , 15 , 21 50 : 7

7 :24 9 :2113: 5 timeframe41:22 Uh-huh 30 : 1

14: 3 15 :18 17 : 9 times42 : 16 uncomfortable

20: 22 23: 15 24: 4 told 21: 13, 17 29:8 41: 25 42:9 ,11

25: 15, 16 ,22 26 : 23 32 6 41: 2 45 : 10 understand44: 6

27 : 15, 16 ,22 28 : 7 tone 47:21 understanding

30 : 6 31:1137 :24 touch 33 :11 17: 3

38 :9 ,23 39:6 touched 33: 10 uninvolved 37: 19

42: 17,25 43: 25 touching 11:21 upload 47 : 19

46 : 14 ,21, 22 48: 25 trained : 3 upside 14: 9

think 3:21, 23 4 : 2 training 19: 22 : 5 USBs 31: 10

4 : 16 5 :25 6 : 10 use 16 : 2 , 12 19: 10

7: 3, 12 10: 6 , 9 transcript49: 3 32 : , 5

11: 25 12: 13, 14, 17 50 : 8 usually 9: 12,24

13: 22 14 : 4 15 :3 , 5 tried 37: 18 43: 14 17 :23 20 : 10 21: 13

15 : 16 : 2 , 24 43: 14, 16 27 : 13, 15 28 :11, 12

19: 20 22 : 7 , 14 Triggs 10: 15, 19 33:21 34 : 13 37 : 20

27 : 24 28 : 23 29: 10 12: 8 , 13 18: 22, 24 43: 17

31:5 , 12, 13 32 :14 : 7 22 : 9, 17

33 :8 , 13 34 : 17,21 1235 : 24 36 : 4 ,6

vials 13:23 14: 6trouble 37 : 13

40 : 23, 23 44: 14 , 15 troubleshoot 28: 417 :6, 12 20: 14

45: 3, 7 46: 12 32: 18W

thinking 41: 7 troubleshootingwaived 49: 24 50: 23

third 10: 28 : 9 39: 6 43: 19walk 28: 6

thought 12: 15 , 16 troubling 37: 17want 3 : 20 , 24 4 : 2

15: 8 22 :21, 24 , 25 43 : 28 : 10,2111:11

22: 25 23: 2 33: 13 true50 : 813: 12 15 : 24 16 : 4

33 : 17 37: 1 truth 3 : 6 50 : 616 : 17 19 : 7 20 : 17

three 3 :21 8 : 10, try 28 : 16 44: 1020 : 24 21: 10 23: 17

15: 4 18: 25 45: 19 48: 2224 : 22 27 : 17 33: 7

time3 : 22 4 : 4 , 16, 17 trying7 : 3 14: 433 7 34: 9 , 17

5 : 11,23 6 : 2 , 12 7 : 1 27: 24 29: 25 30 : 935 : 18 36 : 1 , 5 , 7

7 : 5 , 14 8 : 14, 17 , 23 tubes44: 2346: 2037 : 20 39: 3 40: 11

10: 24 11: 4 12 : 17 turn 14: 8 45 : 2142: 19 ,22,25 47 :21

12: 19,25 13: 24 twice32: 15wanted 4 : 6 5: 2

14: 3 16 : 3 , 16 two 10 : 2 11: 6 , 916 : 11

19 :21, 25 20: 2 , 9 , 13 22: 25warehouse 5 : 1

wasn' t 10:6 11:21 worksheets 22 :215: 10 : 15 29: 11 worried 41: 18

30 : 14 33: 9 ,21 wouldn' t 20: 1

34 : 19 42 : 3 46 :24 20 39:25 46 : 15

47:2148 : 14 , 23 written 49: 10

watch 35: 3 wrong 17: 25 28: 15

water 14: 7 28: 17 32: 17 , 20

way 5 :21 25 : 19 37: 15 42: 19,22

29: 5 37: 21 43: 1, 20We' ll 49: 3

we' re 22 16 29: 25

wear34:20 X 50 :23

week 48 : 10

weeks 23: 18 24 : 6

34 : 9 39 : 2 yeah 7: 13, 20 ,21 8: 9

9: 4 10 :9 , 11, 13, 13weird 36 : 23 37: 2

37: 1144:1110:18 12: 11 16: 14

went 3 :22 9 : 16 16: 14 17: 10, 11

19: 3 ,7 21: 20,2412: 20 14 : 3 16 : 6 , 8

23: 12, 13,22 25: 1132 : 17 33: 1 37 : 2

37 : 23 48 : 1826 :2127:1, 12,12

weren ' t 36 :22 43: 7 28 :23 30 : 18 ,21,25

46 :10 31: 4 , 8 ,12 33 2 , 8

whatnot 38 :13, 22 34 3 , 7 35 : 18 36 : 1

WHEREOF 50 : 15 36 :15 38 : 2 ,21

white 25 : 14 39: 8 40: 1141:3

wide29:13 42: 8 44: 3 45:

Windham 1: 15 46 : 14 47: 6 , 6 ,13

50: 4 48 : 17

wireless 47 :22 years45:6

wires44:24 Zwise 20 : 17

WITNESS 50 : 15 0

words22: 17

work 3: 14 5 : 12, 13

8 :6 22: 10 26 :3 10 :00 49: 18

31: 2137: 22 43: 5 1110- N 1: 14 2 :444 :5 ,6 45: 13 47:7 16 8: 9 , 12

49: 16 1873 2 :

worked 3: 17 16 : 20 1st50 : 16

23 8 26: 12 31: 18

working 16 : 17 33:5

39: 19 40: 3 2 50: 18

worksheet22: 3, 4 200

20024038675 50 : 4

Hunter + Geist , Inc .scheduling@huntergeist. com * 303 -832 - 5966 * 800 -525 - 8490

ADAM LOPEZ 2 / 22 / 2017


Page 58

2011 3 : 20 ,21 4 : 16

2012 3 :20 4 : 3

2017 1:9 , 12 49: 19

50 : 162018 50 : 18

22 1: 9 , 12

22nd 49: 19

3

720 1: 13 2 : 3

80222 2 :8

80246 1: 14 2 : 4

9:03 1:139000 5:7 6 : 7 7 :21

8 :4

9000s 14: 12

Hunter + Geist , Inc.


examination under oath of€¦ · adam lopez february 22, 2017 pursuant to agreement, the...

Documents