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Colfax Denver, CO 80202 PEOPLE OF THE STATE OF COLORADO, Plaintiff v. HECTOR PAEZ, Defendant Attorneys for Defendant: Name: Address: Daniel M. Murphy, Reg. 25507 DANIEL M. MURPHY, P.C. 217 E. 7th Ave. Denver, CO 80203 (303) 318-7181 (303) 318-7182 fax MOTION TO QUASH SUBPOENA TO TESTIFY THE UNDERSIGNED has been served a subpoena by defense counsel to testify in the above captioned matter. THE UNDERSIGNED moves to quash said subpoena and in support states the following: 1. Attorney Murphy represented the alleged victim (Valerie Arend) in the instant case as she began the process of reporting the alleged assault perpetrated against her by the Defendant. Ms. Arend has not been charged with a crime but wanted representation to protect any rights she may have nevertheless. 2. In the course of this representation counsel coordinated meetings with the Denver Police Department, Internal Affairs Division and the District Attorney's Office. 3. Counsel also arranged and sat in during two separate media interviews of Ms. Arend; one with Jessica Fender of the Denver Post and one with a local television station (CBS Affiliate KCNC, Channel 4). Both the Post article and the TV broadcast contained almost all of what was discussed 4. during the interview processes. Case Number: 10 CR 4556 Div.: 5D A COURT USE ONLY A

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District Court. 8. that the evidence sought to be elicited from the lawyer will likely be admissible at trial under the controlling rules of evidence.5. affidavit or offer-of-proof with his subpoena that asserted that Murphy has any information that is considered unprivileged knowledge relevant to Mr. Arend against Mr. and as such Attorney Murphy should be excused from the subpoena. Arend out of the building upon the completion of the interviews. 1995). 2) that the evidence sought to be elicited from the lawyer will likely be admissible at trial under the controlling rules of evidence. The Colorado Supreme Court has reaffirmed that opposing counsel may only be 10. 900 P. An attorney may subpoena opposing counsel to testify adversely to his client only after showing: 1) that [opposing counsel's] testimony will be actually adverse to [his or her client]. be it formal or informal. . Paez's attorney. WHEREFORE. He has also informed Mr. Murphy. Lozow has made no showing. 7. All unprivileged information has been disclosed to Mr. and 3) that there is a compelling need for such evidence. regarding his (Murphy's) limited role in representing Ms. Respectfully submitted this 3 rd day of December. Grogan. the fact that Murphy was not present in the room for either discussion between Ms. Lozow that Murphy considers almost all of what was spoken to with Ms. Attorney Murphy has had two separate phone conversations with Mr. Taylor v.2d 60 (Colo. nor has he indicated that Murphy holds any unprivileged knowledge reasonably calculated to lead to the discovery of admissible evidence. it is respectfully requested that the subpoena to testify issued to Attorney Daniel M. Arend. 2012. be quashed. 700 P. which need cannot be satisfied by some other source. 6. Lozow. Arend (who is a Denver resident) and two other attorneys (both whom practice at least 45-minutes from Murphy's Denver office) who were considering filing a civil law suit on behalf of Ms. which cannot be satisfied by some other source. subpoenaed upon a showing that opposing counsel's testimony will be actually adverse to his or her client. elicited from the undersigned would meet the Williams and Taylor tests. Lozow filed no motion. Gary Lozow. that any of the testimony 11. Arend and the Denver Police Department and the Office of the District Attorney. Finally. Arend is covered by Attorney / Client privilege. Mr. Paez's case. 9. Mr. including but not limited to. Williams v. and that there is a compelling need for such evidence. Paez. counsel acted as liaison between Ms. On both occasions Murphy waited in the hallway and merely escorted Ms. 1985).2d 549 (Colo.

CO 80202 (720) 913-9035 (Emailed as attachment to:) Gary Amanda Encinias .: 255 217 E. MURPHY. glozowefostergraham. P. Murp y No. Esq.DANIEL M. the foregoing Motion to Vacate and Reset was: (Faxed to): Denver District Attorney 201 W. CO 80203 (303) 318-7181 CERTIFICATE OF SERVICE I certify that on December 3. Denver. 'el M. Colfax Ave. #800 Denver. 7th Ave. 2012.C.