07/16 09:56
00:00:00 Thanks, everybody.
00:00:05 Have a seat, folks.
00:00:06 And we're back on record, 3 a.m., 20-08622Civil.
00:00:11 Kroenke v Treasure Chest, parties and counsel are present.
00:00:15 I've given you a copy of the signed signature page on the jury instructions, and I think we're ready to go.
00:00:22 Right?
00:00:22 Okay.
00:00:37 Just to let you know, when he's done with his opening, I'd like to take a short break so I can reset.
00:00:42 Just that'll be faster than making them watch me.
00:00:44 I fully anticipated that we would give them a chance to break.
00:00:48 You reset.
00:00:49 Everybody use the restroom.
00:00:50 Wait, you want to set up again after?
00:00:53 No, right after you're done, I'm happy to go.
00:00:55 Are you going to need to set up again?
00:00:57 No.
00:00:57 Okay.
00:00:59 I think we're all good.
00:00:59 We're all set up for both sides.
00:01:06 How long do you need to set up, Mr. Campion?
00:01:18 A couple minutes?
00:01:20 Probably five minutes.
00:01:21 Yeah, I just need to plug the computer in and then I'll be ready.
00:01:24 Okay.
00:01:29 We'll see how long Mr. Brzezinski goes.
00:01:52 Good morning, everybody.
00:01:54 Please take a seat.
00:01:55 Welcome back.
00:02:05 All right, ladies and gentlemen, welcome back.
00:02:07 Once again, thank you for your patience.
00:02:10 I think I told you at the outset of this trial that there might be delays from time to time and
00:02:15 I'm afraid I'm overly optimistic by nature, so we asked you to come in at 9 today, and it didn't quite go as quickly as I thought it would, so thanks for your patience.
00:02:23 But the good news is we are ready for closing arguments as anticipated, so we're going to start with those here momentarily.
00:02:31 We'll take a couple of breaks in between, let the lawyers swap seats to get set up, that type of thing.
00:02:37 Everybody use the restroom.
00:02:40 Once again, we'll do closing arguments, then I'm going to give you instructions, and then last but not least, somebody gets to spin the dial and go home before deliberating, unless, of course, somebody gets sick between now and then.
00:02:55 So we're going to keep all 13 of you here just to make sure we get through until we're really, really done and it's ready for deliberations, and then we'll be on our way.
00:03:04 So with that, we are ready for closing.
00:03:07 Mr. Brzezinski, you may present your closing.
00:03:19 Ladies Ladies and gentlemen of the jury, we all love stories.
00:03:24 We grew up with tales of dragons, princesses and explorers.
00:03:28 As adults, we enjoy movies and books that provide a momentary escape from reality.
00:03:35 Whether it's a romantic comedy shared with our partner on a cold winter evening or an action adventure film that transports us into a world of danger and triumph.
00:03:46 We cherish these moments.
00:03:48 But stories are anecdotal.
00:03:51 They're not reliable or true.
00:03:54 Even Mr. Elliott agreed on that definition.
00:03:58 Around a campfire or at a bar, they're harmless, often amusing white lies and exaggerations.
00:04:06 That's perfectly fine.
00:04:08 But a courtroom is a place of hard facts and concrete proof.
00:04:17 anecdotes, stories, vague and unproven allegations have no business here.
00:04:26 So as much as we love stories, we are required by law to focus solely on facts and evidence presented here.
00:04:39 Let's go back to opening statements.
00:04:41 In his opening statements Mr. Campion claimed that in 2020
00:04:45 Seth's business was in trouble he needed new cash flow a different source of cash flow but that was an anecdote that wasn't true did Mr. Campion offer any proof of this did he introduce into evidence Mr. Kroenke's business tax returns showing a precipitous drop from 2019 to 2020 or 2020 to 2021 no he didn't
00:05:18 If that was true, the evidence is certainly available.
00:05:22 Next, Mr. Campion asserted that Seth's company had no experience with projects in remote areas.
00:05:31 Did he offer any proof?
00:05:33 No, he didn't.
00:05:34 Did he provide any evidence of that fact?
00:05:38 No.
00:05:40 It turned out that Seth's company has built dozens of projects in remote areas.
00:05:47 You've heard testimony about cargo planes and barges delivering heavy equipment and concrete trucks to locations beyond our roadway system.
00:05:56 Was any of that testimony disproven?
00:05:58 No.
00:05:59 It wasn't even challenged.
00:06:02 Mr. Campion also claimed that Seth didn't have the right logistical experience.
00:06:11 But the testimony was that Seth is building churches, homes, roads, sewer systems, bridges, commercial buildings in remote locations.
00:06:23 Mr. Clark testified that it's completely normal for Seth to organize the delivery of heavy equipment and building materials to be staged and used in remote locations.
00:06:35 After all, Seth's company is called Remote Alaska Solutions.
00:06:41 That's their business model.
00:06:45 Once again, did Mr. Campion offer any proof, any evidence to back up this allegation?
00:06:52 No, he did not.
00:06:55 Was Seth's or Kevin's testimony challenged, disproven?
00:07:00 Absolutely not.
00:07:04 Mr. Campion then said that Seth was in a hurry and was rushed to get into this project.
00:07:09 Was this true?
00:07:11 No, it wasn't.
00:07:13 Mr. Elliott agreed that both parties had to move quickly.
00:07:17 Mr. Elliott initially offered Seth acreage for $1.4 million and gave him less than a month to test and evaluate.
00:07:23 That's a short window.
00:07:25 Therefore, one has to move quickly.
00:07:32 But Seth and his company are in the business of being nimble and flexible.
00:07:38 They're able to adapt and overcome challenges in the rapidly shifting demands of construction in Alaska.
00:07:45 Only fools rush in, and that's true.
00:07:49 But deploying rapidly is a skill honed by experience and practice.
00:07:57 Once again, Mr. Campion offered no proof, just unsupported allegations.
00:08:05 Seth and kevin's testimony wasn't challenged or even questioned so we have a pattern vague and unproven allegations with no evidence or backup the standard you are required to apply in this case to all the evidence is preponderance of the evidence more likely than not the proverbial scales have to tip just a little bit half a percent one percent just ever so slightly
00:08:35 Alligations without proof are just allegations.
00:08:38 They're not evidence.
00:08:40 As Mr. Campion said, if it's not written down, it doesn't exist.
00:08:45 And I agree.
00:08:46 I completely agree.
00:08:48 To determine if a person is telling the truth, you'll have to examine their character, their motivation.
00:08:55 The court will read you an instruction that states that a witness's appearance, attitude, behavior on the stand
00:09:02 the way a witness testifies, the accuracy of a person's testimony, the consistency of a witness testimony, and whether it's supported or contradicted by the evidence.
00:09:13 These and others are indications of whether a person is telling the truth, and you should find them credible.
00:09:21 You've heard both from Mr. Elliott and Seth.
00:09:24 Mr. Elliott is no doubt a great storyteller, but he likes to exaggerate to make the story better.
00:09:31 It's perfectly fine, but not in the courtroom.
00:09:36 Little anecdotes.
00:09:37 He uses 30 gallons of fuel to drive from Palmer to Anchorage.
00:09:42 It's a 55-mile trip.
00:09:45 This case isn't about miles per gallon.
00:09:48 This case is about gold.
00:09:51 And here, Mr. Elliott exaggerates, but in the opposite direction.
00:09:56 He says that Fubar only recovered 500 ounces,
00:10:00 That was in their testimony.
00:10:02 Miss Luna certainly seemed like a person who would be keeping track of every single last ounce.
00:10:10 That's her job.
00:10:13 She said 750 ounces.
00:10:15 Now, why would Mr. Elliott lower that number?
00:10:18 Why would he exaggerate the negative side?
00:10:22 Well, because he knows that we're asking you to compensate Seth with the gold that he missed out on.
00:10:30 And if he can make that number look smaller, the likelihood of you awarding less gold is better.
00:10:40 To Mr. Elliott, truth is flexible.
00:10:44 It's just an anecdote.
00:10:48 But in this courtroom, truth doesn't change, waver, or vacillate.
00:10:55 When in 2020, Mr.
00:10:59 said that Seth never delivered Frank's trommel.
00:11:01 On that stand, he did.
00:11:05 Same thing with the sleeping contacts.
00:11:08 Road improvement.
00:11:09 He wouldn't even agree that the roads Frank built, managed, maintained, removed slides off of, improved his property.
00:11:21 On the other hand, you've heard from Seth.
00:11:24 Ask yourself, did Mr. Campion
00:11:26 Ever show you that Seth's testimony changed?
00:11:30 Did it alter?
00:11:32 Did it vacillate?
00:11:33 Did Seth have a hard time answering questions?
00:11:38 Did he have to pause, think, to come up with an answer?
00:11:45 I will state to you that Seth's testimony didn't change, waver, or vacillate.
00:11:50 His testimony rang as true when this case started as it did in this courtroom this week.
00:11:57 preponderance of the evidence is a standard that you are required to apply back to tilting those scales this applies to both parties we brought the lawsuit Mr. Elliott has his own claims all claims are subject to an evidentiary standard we will discuss this and other matters after Mr. Campion speaks so I'm going to reserve my time and I will speak with you shortly I'll reserve the balance judge
00:12:31 Okay.
00:12:31 Campion, you need a couple minutes to get set?
00:12:33 Very short.
00:12:34 Yes, sir.
00:12:39 Given how short that was, let's brief recess?
00:12:47 Very brief, yes, sir.
00:12:49 My apologies.
00:12:50 That's all right.
00:12:51 So, folks, that was a little shorter than I thought it was going to be, but, again, we're going to take a very quick recess, and then we'll bring you back in and start up with Mr. Campion.
00:13:01 Okay, jury is out.
00:13:28 We can go off record.