Appellate Brief PDF - Colorado Law, Stefani Franotta & Bradley Copper

Spring 2025 Lawyering: Foundations II APPELLATE BRIEF PROBLEM MATERIALS  INSTRUCTIONS ACCOMPANYING PARTIAL RECORD ON APPEAL SPRING SEMESTER 2025 1. The year is 2025. You are an associate at the law firm of Galifianakis & Elliot located at 39 E. Kensington Road in Aspen,...

Spring 2025 Lawyering: Foundations II APPELLATE BRIEF PROBLEM MATERIALS  INSTRUCTIONS ACCOMPANYING PARTIAL RECORD ON APPEAL SPRING SEMESTER 2025 1. The year is 2025. You are an associate at the law firm of Galifianakis & Elliot located at 39 E. Kensington Road in Aspen, Colorado 81611. 2. Although your firm was successful in preventing the police from questioning Ms. Stefani Franotta, Mr. Bradley Copper was nonetheless indicted on October 11, 2019 for Driving Under the Influence in violation of CRS § 42-4- 1301; Reckless Driving in violation of CRS § 42-4-1401; Speeding in violation of MTC § 1101(2)(C); and Criminal Mischief in violation of CRS § 18-4-501. In advance of trial, your firm filed a Motion in Limine to exclude or limit the testimony of Ms. Franotta on the grounds that she and Mr. Copper were common-law married and, thus, Ms. Franotta could not be compelled to testify pursuant to Colo. Rev. Stat. Ann. § 13-90-107(1)(a)(I). Judge Tison denied the Motion in Limine, finding Mr. Copper and Ms. Franotta did not prove a common-law marriage. On March 6, 2020, the court granted your firm’s motion for an interlocutory appeal of this issue. 3. Your firm filed a Notice of Interlocutory Appeal on March 9, 2020, and filed a Statement of Issue on Appeal in the Colorado Court of Appeals on March 10, 2020. 4. On March 13, 2020, the Supreme Court of Colorado declared a judicial emergency due to the COVID-19 pandemic. Mr. Copper waived his right to a speedy trial pursuant to CRS § 18-1-405(4). 5. In a Joint Motion To Set Briefing Schedule, the parties mutually agreed to extend the statute of limitations, and the Colorado Court of Appeals entered a Consent Order suspending all action on the case for a period of sixty months. With that deadline approaching, you have been instructed to draft the appellate brief. To allow ample time to proofread and polish the final product, a full version of the appellate brief is due to the partner on Monday, March 17, 2025 at 9:00 a.m. The court deadline for you to submit the final version of the appellate brief is Monday, March 24, 2025 at 9:00 a.m. 6. This packet constitutes a partial record of the trial court proceedings. You will see that the pages are stamped serially by page number, with each number being the page of the record on appeal to the Court of Appeals for the State of Colorado. You will notice that gaps exist between the numbers, reflecting those non-relevant parts of the record that have been pulled out by the paralegal assigned to the case. You have been given all parts of the record relevant to the issues on appeal. 7. Although the case has been pending for several years, only the facts as of the date of the accident and included in the record may be used in the appeal. Any changes or updates in the law, however, should be addressed. 8. Other than collaboration required as a result of in- class workshop exercises and activities, you must analyze and write the Appellate Brief on your own. You may not discuss the legal issues, the research, or any aspect of your Appellate Brief drafting efforts with any other individual, other than your Lawyering: Foundations Professor or GTA, as appropriate. You may not write any assignment, or any portion of an assignment, for or with another student. Moreover, you may not share any of your written work with another student or look at any other student’s written work, whether that work is in its final or preliminary stages. You may not let anyone outside the law school write, read (for substance or style), edit, or comment on your written work covered by Local Rule 6.2(F). You may not let anyone inside the law school write, read (for substance or style), or edit your written work covered by Local Rule 6.2(F) except your Lawyering: Foundations Professor or GTA, as appropriate. Failure to comply with this mandate is a violation of the Honor Code. 9. You may also attend legal research sessions conducted by Lexis and Westlaw representatives and you may participate in discussions regarding the legal issues implicated in the Appellate Brief problem materials during those sessions. 10. This assignment will account for 45% of your total grade for the spring semester. Because this brief will be subject to anonymous grading, you should not include your name anywhere on the final version you hand in for a grade. See Lawyering: Foundations LR 5.2(G). Rather, you should use your exam number assigned by the registrar. You also should include your professor’s name on the cover sheet. Failure to comply with these directions will result in the penalties set forth in Lawyering: Foundations LR 5.3. 11. This Appellate Brief is an open research project. To draft your brief, however, you must use authority applying Colorado law to determine whether Mr. Copper and Ms. Franotta have a common-law marriage. 12. Pursuant to the Court’s Local Rules, your brief should be no longer than 13 pages in length from the standard of review through the final signature block. Your brief should comply with Lawyering: Foundations LR 5.2 and should model the format set forth in the sample appellate briefs (United States v. Harrison), which your professor will provide either in class or electronically. While the Harrison briefs provide you with compliant format examples, you should not assume they offer proper and complete substance examples (of the law, citation form, argument structure, etc.) as these briefs represent past student work. The PEOPLE of the State of Colorado, Plaintiff–Appellee, v. BRADLEY COPPER, Defendant-Appellant. CIVIL ACTION NO. 19-CR-2345-X SELECTED EXCERPTS  MOTION IN LIMINE 9th JUDICIAL DISTRICT COURT, PITKIN COUNTY, COLORADO Court Address: 506 EAST MAIN, SUITE 300 ASPEN, CO. 81611 THE PEOPLE OF THE STATE OF COLORADO, Plaintiff, v. BRADLEY COPPER Defendant. ▴ COURT USE ONLY ▴ Attorney or Party Without Attorney JACK WEAVER (Name and Address): GALIFIANAKIS & ELLIOT 39 E. KENSINGTON ROAD ASPEN, CO 81611 File Date: Nov. 18, 2019 Case Number:19-CR-2345-X Phone Number: E-mail: Division: 414-555-7918 JWEAVER@GALIFIA CRIMINAL NAKISELLIOT.COM FAX Number: Atty. Reg. #: Courtroom: 414-555-7900 124680 402 Defendant is charged with DUI (CRS 42-4-1301); RECKLESS DRIVING (CRS 42-4-1401); SPEEDING (MTC 1101(2)(C); CRIMINAL MISCHIEF (CRS 18-4-501). Defendant, before the trial and the selection of the jury, requests the Court to exclude or limit the testimony of Stefani Franotta for the following reasons: 1. Stefani Franotta is the common-law wife of Defendant Bradley Copper and, as such, she is protected from testifying against Defendant Bradley Copper pursuant to Colo. Rev. Stat. 13-90-107 (1)(a)(I). 2. If this testimony and evidence were offered at trial in the presence of the jury, even timely objection by defense counsel would not be adequate to overcome the unfair prejudicial effect on the jury. Such evidence would substantially and unfairly prejudice the defendant by inviting the jury to speculate on irrelevant matters and by inviting conjecture on inadmissible matters that are outside the evidence they are properly to consider. WHEREFORE, Defendant requests a hearing on its Motion in Limine and entry of a pretrial order limiting testimony and the introduction of evidence as requested and an order directing the District Attorney to instruct the prosecution witnesses not to mention the excluded evidence during the trial. Respectfully submitted, Jack Weaver Attorney for Defendant Jack Weaver Galifianakis & Elliot E. Kensington Rd Aspen, CO 81611 000011  STATE OF COLORADO 9th JUDICIAL DISTRICT COURT PITKIN COUNTY ___________________________________________________________ The PEOPLE of the State ) of Colorado, ) ) Plaintiff, ) ) CRIMINAL ACTION NO. v. ) ) 19-CR-2345-X BRADLEY COPPER, ) ) Defendant. ) ___________________________________________________________ STIPULATION OF UNDISPUTED FACTS AND CONCLUSIONS OF LAW 1. The Parties agree that the Defendant Bradley Copper and Stefani Franotta did not obtain a Colorado marriage license. 2. The Parties agree Defendant Bradley Copper’s marriage to Katarina Shaykarova was annulled in Russia on October 14, 2013. 3. The Parties agree that regardless of the Court’s ruling, an Interlocutory Appeal is proper on the issue of whether Defendant Bradley Copper and Stefani Franotta are common-law married under Colorado law. This ___25th_____ day of ____November_______, 2019. Angel Bassett Jack Weaver Angel Bassett Jack Weaver Assistant District Attorney Attorney for Defendant 9th Judicial District Galifianakis & Elliot 109 8th Street, Suite 308 39 E. Kensington Rd Glenwood Springs, CO 81601 Aspen, CO 81611 000012  1 STATE OF COLORADO 2 9th JUDICIAL DISTRICT COURT 3 PITKIN COUNTY 4 ___________________________________________________________ 5 6 The PEOPLE of the State ) 7 of Colorado, ) 8 ) 9 Plaintiff, ) 10 ) CRIMINAL ACTION NO. 11 v. ) 12 ) 19-CR-2345-X 13 BRADLEY COPPER, ) 14 ) 15 Defendant. ) 16 ___________________________________________________________ 17 18 19 HEARING ON DEFENDANT’S MOTION IN LIMINE 20 BEFORE THE HONORABLE MICHAEL TISON 21 22 November 25, 2019 23 10:12 a.m. 24 25 Cathy Bates, Court Reporter, CCR B-1557, RPR 26 27 APPEARANCES OF COUNSEL 28 29 On behalf of The People of Colorado: 30 Angel Bassett, Esq. 31 Assistant District Attorney 32 9th Judicial District 33 United States Attorney’s Office 34 109 8th Street, Suite 308 35 Glenwood Springs, CO 81601 36 37 On behalf of Defendant Bradley Copper: 38 Jack Weaver, Esq. 39 Galifianakis & Elliot 40 39 E. Kensington Rd 41 Aspen, CO 81611 42 43 DIRECT EXAMINATION OF MS. FRANOTTA: 44 45 By THE COURT: Good morning counsel. I understand we have 46 an evidentiary hearing this morning in the matter of 47 The People of the State of Colorado versus Bradley 000133  1 Copper, Criminal Case Number 19-CR-2345-X. Mr. 2 Weaver, you have filed a Motion in Limine seeking to 3 exclude or limit the testimony of Ms. Stefani Franotta 4 on the basis that she and Defendant Bradley Copper are 5 common-law married under Colorado law and, as such, 6 she is protected from testifying against Mr. Copper 7 pursuant to Colo. Rev. Stat. § 13-90-107(1)(a)(I). Is 8 that correct? 9 10 By MR. WEAVER: Yes, Your Honor. 11 12 By THE COURT: It is my understanding that both parties have 13 stipulated that, regardless of this Court’s ruling, an 14 Interlocutory Appeal is proper because an immediate 15 review would save resources for both parties and this 16 Court. Is that correct? 17 18 By MR. WEAVER: Yes, Your Honor. 19 20 By MS. BASSETT: That is correct, Your Honor. 21 22 By THE COURT: All right then. Are you both ready to 23 proceed? 24 25 By MR. WEAVER: We are, Your Honor. 26 27 By MS. BASSETT: I am, Your Honor. 28 29 By THE COURT: Mr. Weaver, you may proceed by calling your 30 first witness. 31 32 By MR. WEAVER: Thank you, Your Honor. The defense calls 33 Stefani Franotta to the stand. 34 35 By THE BAILIFF: Do you solemnly swear that the evidence you 36 shall give in this matter now pending between the 37 People of the State of Colorado and Bradley Copper 38 shall be the truth, the whole truth, and nothing but 39 the truth, so help you God? 40 41 Q (By MR. WEAVER): Good morning Ms. Franotta. Could you 42 please state your name for the record and introduce 43 yourself to the Court? 44 45 A (By MS. FRANOTTA): My name is Stefani Franotta. I am 33 46 years old and I am an entertainer. 000134  1 Q: Would you please give a short description of your 2 education and professional background? 3 4 A: I graduated from the Convent of the Sacred Heart in 5 Manhattan. I studied method acting at the Lee 6 Strasberg Theatre and Film Institute for ten years and 7 I attended NYU’s Tisch School of the Arts. I left NYU 8 in my sophomore year to focus more on my music. I 9 moved to L.A. in 2008 to work on my debut album, and 10 the rest, you could say, is history. I’ve won several 11 Grammys, numerous MTV, Billboard, and People’s Choice 12 awards. I’ve won an Academy Award for Best Original 13 Song, several Golden Globe awards for both acting and 14 music, and I hold several Guinness World Records. 15 I’ve also won numerous international awards for both 16 my music and acting. Do you want me to continue? 17 18 Q: No, thank you. We can see what an accomplished 19 musician and actor you are. Let’s talk about your 20 relationship with Mr. Copper. When did you first meet 21 Mr. Copper? 22 23 A: I met Bradley in St. Barts around Christmas of 2013. 24 We both happened to be in St. Barts for the holidays, 25 and we ran into each other at Maya’s. We spoke for a 26 few minutes and I invited him to Beyonce’s the next 27 day, and we’ve been together ever since. 28 29 Q: Ms. Franotta, do you and Mr. Copper live together? 30 31 A: Yes, we have a home here in Aspen located at 481 Cold 32 Canyon Road, Aspen, Colorado 81611. 33 34 Q: How long have you lived together? 35 36 A: It’s been almost 6 years. We purchased the house and 37 moved into it in February 2014. It was our 38 Valentine’s Day gift to one another. 39 40 Q: Do you consider your Aspen home to be your primary 41 residence? 42 43 A: Yes, we do. 44 45 Q: Do you jointly own the home? 000135  1 A: Yes, although we paid cash, the deed is in both our 2 names. 3 4 Q: Speaking of names, what names do you go by? 5 6 A: Professionally I’m known as Lady FrouFrou, and 7 otherwise as Stefani Franotta. 8 9 Q: Would you explain to the Court why you do not use Mr. 10 Copper’s surname. 11 12 A: Of course. Actually, there are many reasons. First, 13 I’m very proud of my Italian heritage and I honor my 14 father by continuing to use his name. I even have 15 “Dad” tattooed on my shoulder. We’re very close, and 16 my father raised his two daughters to be independent. 17 He taught us to love completely but not to relinquish 18 complete control of ourselves and our heritage. I do 19 not need to wear Bradley’s surname to love him and be 20 committed to him forever. 21 22 Q: Do you consider yourself to be married to Mr. Copper? 23 24 By MS. BASSETT: Objection. Calls for legal conclusion. 25 26 By MR. WEAVER: Your Honor, whether Ms. Franotta considers 27 herself married goes directly to whether there is a 28 mutual recognition to be married. 29 30 By THE COURT: Overruled. 31 32 Q (By MR. WEAVER): So, do you consider Mr. Copper to be 33 your husband? 34 35 A (By MS. FRANOTTA): I do. 36 37 Q: Did you and Mr. Copper do anything to reflect your 38 commitment? 39 40 A: Yes, we did. 41 42 Q: Would you please tell the Court what you and Mr. 43 Copper did. 44 45 A: We signed a scroll that said, “I choose you for 46 life.” 47 000136  1 Q: When did you and Mr. Copper sign the scroll? 2 3 A: It was at the end of the retreat, which was March 2 4 of 2014. 5 6 Q: Do you have the scroll? 7 8 A: No, unfortunately it was destroyed in a fire at the 9 Mount-N-Frame shop. 10 11 Q: Did anyone else see this scroll? 12 13 A: Yes, I showed it to a reporter for the Mountain 14 Press. 15 16 Q: Let me show you Exhibit #1. Is this the article 17 written by the reporter you spoke to? 18 19 A: Yes, it is. 20 21 Q: You mentioned a retreat. Would you tell the Court 22 about the retreat? 23 24 A: Well, after we bought our Aspen home in February 2014, 25 we were interested in experiencing the spiritual side 26 of Aspen. With all our professional commitments, we 27 wanted to take some time to simply be quiet in each 28 other’s presence. We joined in a spirt quest at the 29 Lead with Love Aspen Retreat the weekend of March 1, 30 2014. The retreat put us on our path of self- 31 discovery, healing, and faith. Retreats remove us 32 from noise and distraction, and into a place of 33 spiritual harmony. 34 35 Q: Did you and Mr. Copper do anything else after the 36 retreat to commemorate your commitment to one another? 37 38 A: Yes, we got matching “La Vie en Rose” tattoos. 39 40 Q: You mentioned that after the retreat, you spoke with a 41 reporter for the Mountain Press? 42 43 A: That’s correct. Bradley and I usually try to avoid 44 the paparazzi that follow us everywhere, but we were 45 so inspired by the retreat we wanted to share the news 46 with the local press. I spoke with Amy McAdams from 47 the Mountain Press and shared our exciting news. 000137  1 2 Q: Ms. Franotta. Let me again show you Exbibit 1. Does 3 it accurately depict the interview? 4 5 A: Yes, it does. 6 7 Q: Is the photo in the article an accurate depiction of 8 you and Mr. Copper attending ArtCrush? 9 10 A: Yes. What a glorious way to spend a snowy New Year’s 11 Eve with Bradley. 12 13 Q: Ms. Franotta, do you and Mr. Copper have a child? 14 15 A: Yes, we do. Lia was born August 29, 2017. She is the 16 light of our life. 17 18 Q: Would you please tell the Court Lia’s full name? 19 20 A: Yes, her full name is Cecelia Angelina Gloria Copper. 21 22 Q: Just to clarify, is Lia the biological child 23 of both you and Mr. Copper? 24 25 A: Yes, she is. 26 27 Q: Is Mr. Copper listed as the father on her birth 28 certificate? 29 30 A: Of course. 31 32 Q: Let’s discuss your and Mr. Copper’s finances. Do you 33 and Mr. Copper have a joint banking account? 34 35 A: Yes, we do. 36 37 Q: What type of account is it? 38 39 A: It’s our personal account. 40 41 Q: Who contributes to this account? 42 43 A: We both do. 44 45 Q: What type of expenses are paid with this account? 46 000138  1 A: Well, everything related to our personal relationship 2 such as the upkeep of the house, expenses related to 3 Lia, our personal shopping expenses – things like 4 that. 5 6 Q: Do you and Mr. Copper both use this account? 7 8 A: Yes, we do. 9 10 Q: Do you also have a professional account? 11 12 A: Yes. 13 14 Q: What expenses are paid with your professional account? 15 16 A: Everything related to my work such as travel expenses, 17 my assistant, clothing, makeup – those sorts of 18 things. My assistant can sign checks, and he makes 19 most of the payments. My accountant monitors that 20 account as well. 21 22 Q: Do you and Mr. Copper have a joint credit card? 23 24 A: Yes, we do. It’s easier if we just have one personal 25 credit card. 26 27 By MR. WEAVER: I have no further questions, Your Honor. 28 29 By THE COURT: Ms. Bassett, do you have questions for this 30 witness? 31 32 CROSS EXAMINATION OF MS. FRANOTTA: 33 34 Q (By MS. BASSETT): Yes, I do, Your Honor. Ms. Franotta, 35 you and the Defendant Mr. Copper never had a 36 solemnized marriage ceremony, correct? 37 38 A (By MS. FRANOTTA): Not true. As I stated, at the Lead 39 with Love Retreat, we solemnized our commitment by 40 signing the scroll. 41 42 Q: Let me clarify. Did you and Mr. Copper ever go to the 43 Courthouse and obtain a valid marriage license? 44 45 By MR. WEAVER: Your Honor, the parties have stipulated that 46 Ms. Franotta and Mr. Copper did not obtain a marriage 000139  1 license. The only issue before this Court is whether 2 they are common-law married. 3 4 By THE COURT: Ms. Bassett, please limit your questions to 5 those pertinent to the precise issue of common-law 6 marriage. 7 8 By MS. BASSETT: Yes, Your Honor. 9 10 Q: Ms. Franotta, has Mr. Copper ever asked you to marry 11 him in a solemnized marriage ceremony with a marriage 12 license issued by the State of Colorado? 13 14 A: Sure, he sometimes asks me to “make it official,” but 15 I just tell him I don’t think we need an official 16 government-sanctioned document in order to be married. 17 Besides, can you imagine what a circus it would be? 18 The paparazzi follow us everywhere as it is. They 19 would ruin the moment. I don’t need to have my 20 wedding splashed across Star, the National Enquirer, 21 or any of those rags. 22 23 Q: Despite your statement that you didn’t think you 24 needed a government-sanctioned document, did you and 25 Mr. Copper ever discuss getting officially married? 26 27 A: Sometimes. We just take it one day at a time and try 28 to live and love in the moment. Ms. Bassett, I plan 29 to spend the rest of my life with Bradley in any 30 capacity, and I would consider a formal marriage if we 31 thought it was right. 32 33 Q: Do you introduce Mr. Copper to others as your husband? 34 35 A: I don’t really have to introduce Bradley to anyone. 36 Everyone knows who Bradley is. He’s famous. 37 38 Q: When speaking with your friends about Mr. Copper, do 39 you ever refer to him as your husband? 40 41 A: Not really. I just say Bradley. He’s not mine. I 42 don’t own Bradley. He isn’t my property. Saying 43 someone is “my husband” or “my wife” speaks to 44 ownership of that person – like my cat or my dog. We 45 are equal, independent human beings who love each 46 other immensely, and for life. 47 000140  1 Q: Ms. Franotta, you and Mr. Copper file separate federal 2 tax returns, correct? 3 4 A: Yes, we did so on the advice of our accountants. 5 6 Q: The personal bank account you mentioned, is that 7 account listed under the name of “Stefani Copper”? 8 9 A: No. As I mentioned, I use Franotta for all my 10 personal matters, but it’s a joint account that 11 Bradley is on as well. 12 13 Q: Is the Aspen property recorded as being owned by 14 Stefani Copper and Bradley Copper? 15 16 A: No. Stefani Franotta and Bradley Copper. 17 18 Q: What name or names are listed on the utilities and 19 property tax bills? 20 21 A: The property taxes would be listed in the same names 22 as the deed... 23 24 Q: Stefani Franotta and Bradley Copper? 25 26 A: Yes. As for the utility bills and such, some are in 27 my name and some are in Bradley’s name. 28 29 Q: But none are in the name of Stefani Copper, correct? 30 31 A: Correct. Stefani Copper doesn’t exist. 32 33 Q: Do you have health insurance? 34 35 A: Yes, I do. 36 37 Q: Are you the named person on the policy or are you on 38 Mr. Copper’s policy? 39 40 A: I have my own policy. 41 42 Q: And what name is listed on that policy. 43 44 A: Stefani Franotta. 45 46 Q: Does the joint bank account list the owners as Bradley 47 Copper and Stefani Copper? 000141  1 2 A: No. As I’ve explained many, many times my name is 3 Stefani Franotta. 4 5 Q: And the joint credit card... 6 7 A: Same names. Franotta. 8 9 Q: Is there any bill, document, property, or anything 10 that shows you taking Mr. Copper’s surname? 11 12 A: No, because I didn’t take his name. His name is not 13 for me to take. It is his name, and I have my name. 14 15 Q: Do you have a will? 16 17 A: I do. 18 19 Q: Does that will leave any of your estate to Mr. Copper? 20 21 A: It does. 22 23 Q: Does it refer to Mr. Copper as your husband? 24 25 A: No, it does not because, as I said before, Mr. Copper 26 is not mine to own. 27 28 Q: Ms. Franotta, the scroll you mentioned was not signed 29 as Stefani Copper and Bradley Copper, but was not even 30 signed with your real names, correct? 31 32 A: Correct. 33 34 Q: In fact, you signed it as “Jack” and “Ally,” correct? 35 36 A: Correct. 37 38 Q: Do you live with Mr. Copper year-round in your Aspen 39 home? 40 41 A: Goodness, no. We both are away quite a bit on 42 location for our acting, and the years I’m on tour, 43 I’m gone for months. I try to fly back every now and 44 then but being on tour doesn’t allow for much down 45 time. 46 47 Q: Do you own other real estate besides your Aspen home? 000142  1 2 A: Yes, I own a house in my hometown of Philadelphia, and 3 Bradley and I now own property in St. Barts. 4 5 Q: Is Mr. Copper listed on the Philadelphia property? 6 7 A: No, he is not. 8 9 Q: I assume you use Franotta on it as well as the jointly 10 owned property in St. Barts. 11 12 A: That’s correct. 13 14 Q: At the retreat you and Mr. Copper took in Aspen, you 15 didn’t go to the retreat with any intent to marry, did 16 you? 17 18 A: No, it was sort of a spur of the moment thing. 19 20 Q: Isn’t it true that you have rejected Mr. Copper’s 21 request to marry? 22 23 A: Yes. 24 25... 26 27 REDIRECT OF MS. FRANOTTA: 28 29 Q (By MR. WEAVER): Ms. Franotta, you stated you and Mr. 30 Copper filed separate tax returns at the instruction 31 of your accountant. Would you explain how that 32 decision was reached? 33 34 A: He asked for a copy of our marriage license, and we 35 told him we didn’t have one, and that was the extent 36 of our discussion. 37 38 Q: Is your accountant a lawyer familiar with Colorado law 39 on common-law marriage? 40 41 By MS. BASSETT: Objection, speculative. 42 43 By MR. WEAVER: I’ll rephrase. 44 45 Q: Ms. Franotta, where does your accountant live? 46 47 A: He lives in California. 000143  1 2 Q: Your Honor, I ask that you take judicial notice that 3 California does not recognize common-law marriage. 4 5 By THE COURT: Any objection, Ms. Bassett? 6 7 By MS. BASSETT: No, Your Honor. 8 9 Q (By MR. WEAVER): Ms. Franotta, is your accountant a 10 lawyer? 11 12 A: No, he is not. 13 14 Q: Did he ask you about common-law marriage? 15 16 A: No, he did not, and we didn’t mention anything to him 17 about it either. He just asked for a copy of our 18 marriage license in addition to a slew of other 19 documents. I didn’t really give it any thought, and 20 as I said, there was no discussion about it. 21 22 Q: Ms. Franotta, you testified that you and Mr. Copper 23 signed a scroll commemorating your commitment in the 24 names of “Jack” and “Ally.” Would you explain to the 25 Court why you signed the scroll using those names? 26 27 A: Jack and Ally were the names of the characters we 28 played in A Star is Born. The characters really are 29 our mirror images. They are musicians who fall in 30 love and marry – just like me and Bradley. We thought 31 it would be sweet and fitting to recognize our 32 relationship by signing our scroll in their names. It 33 was very meaningful for me and Bradley. 34 35 Q: Ms. Franotta, who pays for the household expenses? 36 37 A: Our assistants actually pay for most things out of our 38 joint account. 39 40 Q: So, you and Mr. Copper jointly pay for the upkeep of 41 the house? 42 43 A: Yes. 44 45 Q: When you speak to Mr. Copper, how do you refer to him? 46 000144  1 A: Usually, I call him Bradley, but sometimes I do say 2 “hubby.” 3 4 By MR. WEAVER: No further questions, Your Honor. 5 6 November 25, 2019 7 1:15 p.m. 8 9 Cathy Bates, Court Reporter, CCR B-1557, RPR 10 11 DIRECT EXAMINATION OF MS. LAWRENCE: 12 13 By THE COURT: Okay, we’re back on the record and continuing 14 the hearing on Defendant Bradley Copper’s Motion in 15 Limine to exclude or limit the testimony of Stefani 16 Franotta on the grounds that she is his common-law 17 wife and, as such, she is protected from testifying 18 against Mr. Copper pursuant to Colo. Rev. Stat. § 13- 19 90-107(1)(a)(I). Mr. Weaver, do you have another 20 witness you’d like to call? 21 22 By MR. WEAVER: Yes, Your Honor. I call Jen Lawrence. 23 24 BAILIFF: Do you solemnly swear that the evidence you shall 25 give in this matter now pending between the People of 26 the State of Colorado and Bradley Copper shall be the 27 truth, the whole truth, and nothing but the truth, so 28 help you God? 29 30 By MS. LAWRENCE: I do. 31 32 Q (By MR. WEAVER): Please state your name for the record. 33 34 A: Jen Lawrence. 35 36 Q: Ms. Lawrence, what is your occupation? 37 38 A: I am an actress. 39 40 Q: Do you know Mr. Copper? 41 42 A: Yes, Bradley and I have starred in several films 43 together. We first met in 2011 on the set of Silver 44 Linings Playbook, and we worked together the following 45 year on the film American Hustle. Then we worked on 46 Serena and then Joy. I just love working with 000145  1 Bradley. I credit him for my Oscar wins and 2 nominations. 3 4 Q: Do you know Stefani Franotta? 5 6 A: Yes. Although I was a fan of her music for years, and 7 I had met her a few times at events and things, I 8 didn’t get to really know her until she and Bradley 9 became a thing. 10 11 Q: Have you spent time with them? 12 13 A: Yes, I go to Aspen a couple times a year to ski and 14 snowboard, and every time I’m in town, I always get 15 together with Bradley and Stefani. Sometimes we hang 16 out at their house, sometimes we go out to dinner... 17 18 Q: What is your perception of their relationship? 19 20 A: Well, they both told me about the retreat and how they 21 committed to each other for life. I was so happy for 22 them. 23 24 Q: Did you host a party for them earlier this year? 25 26 A: I did. Sarah and I threw them an anniversary party in 27 March. Chloe was renting a house on Snowmass, and we 28 decided to have a party. We wanted to celebrate 29 something, so we decided to celebrate Bradley and 30 Stefani being together for 5 years. 31 32 Q: Did you post any photos of their anniversary party? 33 34 A: Yes, I posted a few on Facebook. I was shocked the 35 paparazzi hadn’t gotten wind of the party. 36 37 Q: Did you caption the photos? 38 39 A: Yes, I simply called them “Bradley and Stefani’s Fifth 40 Anniversary Pics.” Didn’t give it a lot of thought. 41 42... 43 44 CROSS EXAMINATION OF MS. LAWRENCE: 45 46 Q (By MS. BASSETT): Ms. Lawrence, at any time did Ms. 47 Franotta ever refer to Mr. Copper as her husband? 000146  1 2 A: Not specifically as her husband, no, but I just 3 figured they were married. 4 5 Q: At any time, did Mr. Copper refer to Ms. Franotta as 6 his wife? 7 8 A: Yes, actually, he did. 9 10 Q: You are aware that Mr. Copper and Ms. Franotta never 11 obtained a Colorado marriage license, correct? 12 13 A: I suppose so. 14 15 Q: If they had a formal marriage ceremony would you have 16 expected to have been invited? 17 18 A: Yes, I suppose I would. 19 20 Q: And you were not invited to any ceremony, correct? 21 22 A: Correct. 23 24 Q: Would you agree that the word “anniversary” as used in 25 the context of a marital relationship refers to the 26 anniversary of the wedding? 27 28 A: Yes, I suppose so. 29 30 Q: Given that you seem aware that Mr. Copper and Ms. 31 Franotta did not have a ceremonial marriage, and that 32 the word “anniversary” in a relationship refers to a 33 wedding, wouldn’t you say the party you hosted in 34 March last year was not a party to celebrate their 35 marriage, but rather to celebrate the length of time 36 they had been living together? 37 38 A: Not necessarily. I was aware of the retreat they 39 took. Bradley was elated. He called to tell me that 40 Stefani was his wife. I know that they committed 41 themselves to each other for life and that commitment, 42 particularly in this day and age and in our industry, 43 is worth celebrating. 44 45 By MS. BASSETT: Nothing further. 46 47 000147  1 November 25, 2019 2 2:30 p.m. 3 4 Cathy Bates, Court Reporter, CCR B-1557, RPR 5 6 DIRECT EXAMINATION OF MS. PAULSEN: 7 8 By THE COURT: Mr. Weaver, do you have another witness you’d 9 like to call? 10 11 By MR. WEAVER: Yes, Your Honor. I call Sarah Paulsen. 12 13 BAILIFF: Do you solemnly swear that the evidence you shall 14 give in this matter now pending between the People of 15 the State of Colorado and Bradley Copper shall be the 16 truth, the whole truth, and nothing but the truth, so 17 help you God? 18 19 By Ms. Paulsen: I do. 20 21 Q (By MR. WEAVER): Please state your name for the record. 22 23 A: Sarah Paulsen. 24 25 Q: Ms. Paulsen, what is your occupation? 26 27 A: I am an actress. 28 29 Q: Do you know Mr. Copper? 30 31 A: Yes, I do. 32 33 Q: How long have you known him? 34 35 A: As a fellow actor, I’ve admired his acting, and I’ve 36 run into him professionally, but I didn’t meet him and 37 form a personal relationship until early 2014. 38 39 Q: And how did you become acquainted with him? 40 41 A: Through Stefani. 42 43 Q: Do you mean Stefani Franotta? 44 45 A: Yes, Stefani and I have worked together many times, 46 most notably on American Horror Story. Ryan Murphy 47 was simply brilliant to cast Stefani as the Countess 000148  1 in Hotel and Stefani brought such theater to the show. 2 I loved her from the minute I met her. 3 4 Q: Did you spend time with Ms. Franotta and Mr. Copper? 5 6 A: Yes, if they were in New York or L.A. when I was 7 there, we would always make a point to spend time 8 together. 9 10 Q: What was your perception of their relationship? 11 12 A: They were madly in love. If I recall, they met in St. 13 Barts in 2013 and by spring of 2014 they had bought a 14 house here in Aspen and were living in it. While it 15 seemed rather fast, in our industry we don’t get a lot 16 of opportunity to meet people and form real 17 connections. We’re on set 16 hours a day with the 18 same people for a few months and then we don’t see 19 them again. And you’re not looking for a date after 20 one of those 16-hour days. 21 22 Q: Were you aware of any retreat Ms. Franotta and Mr. 23 Copper took in 2014? 24 25 A: Yes, Stefani called me and told me all about it. 26 27 Q: What, specifically, did Ms. Franotta tell you about 28 the retreat? 29 30 A: She told me that she and Bradley had this spiritual 31 awakening, that they had been married before in a 32 previous life, and thus chose to commit themselves to 33 each other. I was happy for them. 34 35 Q: Did you host a party for them last year? 36 37 A: Yes, Jen and I did throw an anniversary party for them 38 in March. A mutual friend offered us her house for 39 the evening. We all love Stefani and Bradley so much 40 that we wanted to celebrate their 5-year anniversary. 41... 42 43 CROSS EXAMINATION OF MS. PAULSEN: 44 45 Q By MS. BASSETT: Ms. Paulsen, at any time did Ms. Franotta 46 ever refer to Mr. Copper as her husband? 47 000149  1 A: Not that I can recall. She calls him Bradley, as do 2 I. Besides, she doesn’t believe in such titles. 3 4 Q: At any time, did Mr. Copper refer to Ms. Franotta as 5 his wife? 6 7 A: I think so. I’m closer to Stefani than Bradley, so I 8 wouldn’t have had any private conversations with him. 9 But I believe I recall him calling her his wife at the 10 Anniversary Party. 11 12 November 25 13 3:15 p.m. 14 15 Cathy Bates, Court Reporter, CCR B-1557, RPR 16 17 DIRECT EXAMINATION OF MS. MCADAMS: 18 19 By THE COURT: Okay, we’re back on the record and continuing 20 the hearing on Defendant Bradley Copper’s Motion in 21 Limine to exclude or limit the testimony of Stefani 22 Franotta on the grounds that she is his common-law 23 wife and, as such, she is protected from testifying 24 against Mr. Copper pursuant to Colo. Rev. Stat. § 13- 25 90-107(1)(a)(I). Mr. Weaver, do you have another 26 witness you’d like to call? 27 28 By MR. WEAVER: Yes, Your Honor, I call Amy McAdams. 29 30 BAILIFF: Do you solemnly swear that the evidence you shall 31 give in this matter now pending between the People of 32 the State of Colorado and Bradley Copper shall be the 33 truth, the whole truth, and nothing but the truth, so 34 help you God? 35 36 By MS. MCADAMS: Yes, I do. 37 38 Q (By MR. WEAVER): Would you please state your name for the 39 record? 40 41 A: Yes, it’s Amy McAdams. 42 43 Q: And what is your profession? 44 45 A: I’m a journalist with the Mountain Press here in 46 Aspen. 000150  1 Q: Did you have occasion to speak with Stefani Franotta 2 in March of 2014? 3 4 A: Yes, I spoke with her briefly at a fundraising 5 luncheon for Friends of the Aspen Animal Shelter at 6 Plato’s at the Aspen Meadows Resort. 7 8 Q: Do you recall anything she said about her relationship 9 with Bradley Copper? 10 11 A: Yes, she was so exuberant that evening, and so I 12 commented to her about how happy she seemed. She told 13 me that she and Mr. Copper had just returned from a 14 spirit quest at the Lead with Love Retreat and that 15 they were so inspired by the retreat that they signed 16 a scroll commemorating their commitment. 17 18 Q: Did you see the scroll? 19 20 A: Yes, just briefly as she said she was taking it to get 21 framed. 22 23 Q: Let me show you Exhibit 1. Did you write this 24 article? 25 26 A: Yes, I did. 27 28 Q: In looking at the article, how do you describe Ms. 29 Franotta and Mr. Copper in the opening paragraph? 30 31 A: I called them “newlyweds.” 32 33 Q: Was “newlywed” your characterization? 34 35 A: No, I just reported what Lady FrouFrou said. I’m not 36 sure. It’s been a long time. But, I’m relatively 37 certain she said she was. 38 39 I have no other questions. Thank you, Ms. McAdams. 40 41 CROSS EXAMINATION OF MS. MCADAMS: 42 43 Q (By MS. BASSETT): Ms. McAdams, did Ms. Franotta say she 44 was a newlywed or that she felt like a newlywed? 45 46 A: I’m not sure exactly, but she was the one who used the 47 word “newlywed.” 000151  1 2 By MS BASSETT: No further questions. 3 4 November 26, 2019 5 9:05 a.m. 6 7 Cathy Bates, Court Reporter, CCR B-1557, RPR 8 9 DIRECT EXAMINATION OF MR. COPPER: 10 11 BY THE COURT: Good morning counsel. As we discussed 12 yesterday, this morning the Court will continue to 13 hear testimony on Defendant’s Motion in Limine seeking 14 to limit the testimony of Ms. Stefani Franotta on the 15 basis that she and Defendant Bradley Copper are 16 common-law married under Colorado law and, as such, 17 she is protected from testifying against Mr. Copper 18 pursuant to Colo. Rev. Stat. § 13-90-107(1)(a)(I). Mr. 19 Weaver, I understand you have a few more witnesses to 20 call. 21 22 By MR. WEAVER: That’s correct Your Honor. I call Mr. 23 Bradley Copper. 24 25 By THE BAILIFF: Do you solemnly swear that the evidence you 26 shall give in this matter now pending between the 27 People of the State of Colorado and Bradley Copper 28 shall be the truth, the whole truth, and nothing but 29 the truth, so help you God? 30 31 By MR. COPPER: I do. 32 33 By MR. WEAVER: Your Honor, I’d like to put on the record 34 that Mr. Copper’s testimony in this hearing is limited 35 to facts relevant to the narrow issue of common-law 36 marriage and that the People have agreed to limit its 37 cross-examination to that issue. 38 39 By THE COURT: Mr. Copper, you understand that by testifying 40 in this hearing on your Motion in Limine you do not 41 give up your 5th Amendment right against self- 42 incrimination. 43 44 By MR. COPPER: I understand. 45 46 By THE COURT: I am certain your attorney will object to any 47 questions that fall outside the scope of this hearing, 000152  1 and this Court will likewise be attentive to the 2 questions to ensure they are permissible. 3 4 By MR. COPPER: Thank you. 5 6 Q (By MR. WEAVER): Bradley, would you please state your 7 name for the record? 8 9 A: Bradley Copper. 10 11 Q: Would you please give a short description of your 12 education and professional experience? 13 14 A: In 1993, I received my bachelor’s degree with honors 15 from Georgetown and in 2000 I received my Master of 16 Fine Arts from Actors Studio Drama School at the New 17 School in New York. I am an actor, producer, and 18 director. I got my first big break in 2005 in Wedding 19 Crashers. Some notable films I’ve starred in are 20 Silver Linings Playbook, Guardians of the Galaxy, 21 American Sniper, and American Hustle. I directed and 22 starred in A Star is Born. I’m honored to have 23 received several Oscar and Golden-Globe nominations 24 for my work. And Stefani and I have won two Grammys 25 for our work on A Star is Born. Well, it really was 26 all her work. She is a wonder. 27 28 Q: What is your relationship with Stefani Franotta? 29 30 A: We’re married. She’s my wife. 31 32 Q: Do you and Ms. Franotta live together? 33 34 A: Yes. We live at our home at 481 Cold Canyon Road, 35 Aspen, Colorado 81611. We’ve lived there since 36 February 2014. 37 38 Q: How do you refer to Ms. Franotta in public? 39 40 A: If I’m speaking directly to her, I’ll call her 41 Stefani. Sometimes I even call her Lady FrouFrou. 42 43 Q: When speaking to others about Ms. Franotta, how do you 44 refer to her? 45 46 A: Sometimes I refer to her as Stefani, and sometimes I 47 refer to her as my wife. 000153  1 2 Q: Did you and Ms. Franotta attend a retreat in March 3 2014? 4 5 A: Yes, we attended the spirit quest at the Lead with 6 Love Retreat. 7 8 Q: After the retreat, did you and Ms. Franotta do 9 anything related to your relationship? 10 11 A: Yes, we signed a scroll to reflect our lifelong 12 commitment to each other. 13 14 By MR. WEAVER: Thank you, no further questions. 15 16 CROSS EXAMINATION OF MR. COPPER: 17 18 Q (By MS. BASSETT): Mr. Copper, you have asked Ms. Franotta 19 to marry you, correct? 20 21 A: Yes. 22 23 Q: So, you say you are married, but yet you repeatedly 24 ask her to marry you. Is that correct? 25 26 A: Yes, and I would like to make it official, but she 27 keeps brushing it aside. 28 29 Q: Mr. Copper, Ms. Franotta said you both spent much time 30 away from each other and your Aspen home each year. 31 Is that correct? 32 33 A: Yes. Sometimes our professions pull us in different 34 directions. It’s one of the costs of what we do. 35 36 Q: Would it be a fair characterization to say that you 37 and Ms. Franotta spend less than six months together 38 at your Aspen home? 39 40 A: It varies year to year, and I don’t really keep up 41 with it. I usually film a movie most years. So 42 that’s generally a couple months on location and then 43 several months a year promoting the movie I filmed the 44 year before. Stefani is gone longer when she’s on 45 tour, but she comes home to me as soon as she can. I 46 guess less than six months a year is a decent 47 approximation. 000154  1 2 Q: There are times you are at the house here in Aspen and 3 Ms. Franotta is not residing at the house, correct? 4 5 A: Yes. 6 7 Q: Conversely, there are times Ms. Franotta is residing 8 at the house and you are residing elsewhere, correct? 9 10 A: That’s correct. 11 12 Q: Mr. Copper, the scroll you signed was not signed using 13 your legal name, correct? 14 15 A: That’s correct. 16 17 Q: In fact, you signed the scroll using the name from a 18 made-up movie character, correct. 19 20 A: Yes, but it wasn’t just any movie character, it was 21 the name of the character I played in the movie I 22 starred in with the love of my life. 23 24 November 26, 2019 25 10:00 a.m. 26 27 Cathy Bates, Court Reporter, CCR B-1557, RPR 28 29 DIRECT EXAMINATION OF MS. RABE: 30 31 By THE COURT: Mr. Weaver, do you have any other witnesses? 32 33 By MR. WEAVER: No, Your Honor. 34 35 By THE COURT: Ms. Bassett, do the People have any witnesses 36 to call? 37 38 By MS. BASSETT: Yes, Your Honor. The People call Lilly 39 Rabe. 40 41 By THE BAILIFF: Do you solemnly swear that the evidence you 42 shall give in this matter now pending between the 43 People of the State of Colorado and Bradley Copper 44 shall be the truth, the whole truth, and nothing but 45 the truth, so help you God? 46 47 By MS. RABE: I do. 000155  1 2 Q (By MS. BASSETT): Ms. Rabe, could you please state your 3 name? 4 5 A: Lilly Rabe. 6 7 Q: Do you know Ms. Franotta? 8 9 A: Yes. 10 11 Q: In what capacity do you know Ms. Franotta? 12 13 A: She and I are on the Board of the Friends of the Aspen 14 Animal Shelter. 15 16 Q: How long have you known Ms. Franotta? 17 18 A: Since she joined the Board in 2015. We were grateful 19 that she joined and is bringing her name recognition 20 to saving the animals in the Aspen area. 21 22 Q: How would you describe your relationship with Ms. 23 Franotta? 24 25 A: It’s primarily professional, but friendships are made, 26 and I’d like to think I have somewhat of a personal 27 relationship with Stefani. 28 29 Q: Do you know Mr. Copper? 30 31 A: Only by name. We have never met. 32 33 Q: Has Ms. Franotta ever discussed her relationship with 34 Mr. Copper with you or in your presence? 35 36 A: Yes, we all share stories and personal information 37 with each other. 38 39 Q: In these conversations regarding personal information, 40 has Ms. Franotta ever referred to Mr. Copper as her 41 husband? 42 43 A: Not that I recall. 44 45... 46 000156  1 By MR. WEAVER: I have no questions for Ms. Rabe, Your 2 Honor. 3 4 5 November 26, 2019 6 10:57 a.m. 7 8 Cathy Bates, Court Reporter, CCR B-1557, RPR 9 10 11 DIRECT EXAMINATION OF MR. PETERS: 12 13 BY THE COURT: Ms. Bassett, do the People have any other 14 witnesses to call? 15 16 By MS. BASSETT: Yes, Your Honor. The People call Evan 17 Peters. 18 19 By THE BAILIFF: Do you solemnly swear that the evidence you 20 shall give in this matter now pending between the 21 People of the State of Colorado and Bradley Copper 22 shall be the truth, the whole truth, and nothing but 23 the truth, so help you God? 24 25 By MR. PETERS: I do. 26 27 Q (By MS. BASSETT): Mr. Peters, would you please state your 28 name for the Record? 29 30 A: Evan Peters. 31 32 Q: Do you know Ms. Franotta? 33 34 A: Yes, we both are on the Board of the Friends of the 35 Aspen Animal Shelter. 36 37 Q: How long have you known Ms. Franotta? 38 39 A: Since 2015. 40 41 Q: How would you describe your relationship with Ms. 42 Franotta? 43 44 A: It is a professional relationship. 45 46 Q: Do you and Ms. Franotta ever have occasion to discuss 47 your personal life? 000157  1 2 A: Yes, just like anyone else you work closely with, you 3 share your spouse’s name, kids’ names, what you do, 4 where you live, those sorts of things. 5 6 Q: In this sharing of personal information, did Ms. 7 Franotta ever refer to Mr. Copper as her husband? 8 9 A: No. 10 11... 12 13 By MR. WEAVER: I have no questions for Mr. Peters, Your 14 Honor. 15 16... 17 18 By THE COURT: All right, Counsel, Defendant’s Brief in 19 Support of Defendant’s Motion in Limine is due by 20 December 10, 2019, and the People’s Brief is due 10 21 days after service. As we discussed, this Court will 22 rule on the briefs submitted and the testimony 23 presented in this hearing. Adjourned. 000158  EXHIBIT 1 THE MOUNTAIN PRESS Scoping the Slopes and Other News for Aspen Since 1982 ASPEN (March 7, 2014)—Oscar nominated actor Bradley Copper has rolled into Aspen as a newlywed, with Grammy award winner Lady FrouFrou at his side. Copper and Lady FrouFrou just returned from a spirit quest at the Lead with Love: Aspen Retreat. Lady FrouFrou briefly shared the news with The Mountain Press outside Plato’s Restaurant at The Aspen Meadows Resort that they were so inspired by the retreat that they “signed a scroll commemorating [their] commitment.” She was on the way to Mount-N-Frame when she pulled out the scroll to show The Copper and Lady FrouFrou attending ArtCrush 2013 Mountain Press. It proclaims, “I choose you for life” across the top and they signed it “Jack” and “Ally” in honor of their roles in their upcoming movie. They even got matching tattoos “La Vie en Rose” to celebrate! Congratulations, Bradley and Lady FrouFrou! 000210  Exhibit 2 000211 000212 000213 000214  STATE OF COLORADO 9th JUDICIAL DISTRICT COURT PITKIN COUNTY ___________________________________________________________ The PEOPLE of the State ) of Colorado, ) ) Plaintiff, ) ) CRIMINAL ACTION NO. v. ) ) 19-CR-2345-X BRADLEY COPPER, ) ) Defendant. ) ___________________________________________________________ MEMORANDUM OPINION AND ORDER ON DEFENDANT’S MOTION IN LIMINE Defendant Bradley Copper was indicted, inter alia, for Driving Under the Influence. Defendant filed a Motion in Limine seeking to exclude or limit the testimony of Ms. Stefani Franotta on the basis that she and Defendant Bradley Copper have a common-law marriage under Colorado law and, as such, she is protected from testifying against Mr. Copper pursuant to Colo. Rev. Stat. § 13-90-107(1)(a)(I). On November 25, 2019 and November 26, 2019, this Court heard testimony on Defendant’s Motion in Limine. This Court also has considered Defendant’s Brief in Support of Defendant’s Motion in Limine and the People’s Response Brief in Opposition to Defendant’s Motion in Limine. The Court enters the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT Defendant Bradley Copper (“Defendant”) and Witness Stefani Franotta (“Witness”) jointly own a home at 481 Cold Canyon Road, Aspen, Colorado 81611. They have lived there intermittently since February 2014. Often, they do not reside at the property at the same time and frequently spend time throughout the year in separate locations. 000279  Defendant and Witness attended a retreat after which they signed a scroll allegedly stating, “I choose you for life.” This scroll was not admitted at the hearing as it was allegedly destroyed in a fire. Notably, Defendant and Witness did not sign the scroll using their given names, but rather signed using the names of fictional characters they played in a movie. Despite Defendant asking Witness to marry him, Witness has refused to do so. Moreover, Witness has not taken Defendant’s surname and does not refer to him as her husband in public. Defendant does, however, refer to Witness as “his wife” in public. Witness and Defendant own the property listed above and they also own a joint banking account and joint credit card, although all are held in their individual names. Most importantly, Defendant and Witness do not file joint tax returns. They do, however, have a child together who has taken Defendant’s surname. CONCLUSIONS OF LAW Colorado law states:...[A] husband shall not be examined for or against his wife without her consent nor a wife for or against her husband without his consent; nor during the marriage or afterward shall either be examined without the consent of the other as to any communications made by one to the other during the marriage. Colo. Rev. Stat. § 13-90-107(1)(a)(I) (2019). Common-law marriages are eligible for spousal privilege under this statute. People v. Lucero, 747 P.2d 660, 664 (Colo. 1987) (en banc). The asserting party has the burden of proving a marriage exists. A common-law marriage is established by the parties’ mutual consent or agreement to be husband and wife followed by their mutual and open assumption of a marital relationship. Id. at 663. This Court finds Defendant has not met his burden of proving a valid common-law marriage exists between Witness Stefani Franotta and Defendant Bradley Copper. More specifically, this Court finds insufficient evidence of either an express or an implied agreement to be married between Ms. Franotta and Mr. Copper. 000280  Therefore, this Court DENIES Defendant Bradley Copper’s Motion in Limine. So ORDERED this _6th__ day of _March___, 2020. Michael Tison Michael Tison, Judge 9th Judicial District Court Pitkin County 000281  STATE OF COLORADO 9th JUDICIAL DISTRICT COURT PITKIN COUNTY ___________________________________________________________ The PEOPLE of the State ) of Colorado, ) ) Plaintiff, ) ) CRIMINAL ACTION NO. v. ) ) 19-CR-2345-X BRADLEY COPPER, ) ) Defendant. ) ___________________________________________________________ ORDER GRANTING DEFENDANT’S MOTION TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL This Court grants Defendant’s Motion to Certify Order for an Interlocutory Appeal of this Court’s denial of Defendant’s Motion in Limine. The Court notes that the People do not contest the Defendant’s Motion. So ORDERED this _6th__ day of _March____, 2020. Michael Tison Michael Tison, Judge 9th Judicial District Court Pitkin County 000304  STATE OF COLORADO 9th JUDICIAL DISTRICT COURT PITKIN COUNTY ___________________________________________________________ The PEOPLE of the State ) of Colorado, ) ) Plaintiff, ) ) CRIMINAL ACTION NO. v. ) ) 19-CR-2345-X BRADLEY COPPER, ) ) Defendant. ) ___________________________________________________________ NOTICE OF INTERLOCUTORY APPEAL Defendant Bradley Copper files this Notice of Interlocutory Appeal, appealing this Court’s denial of Defendant’s Motion in Limine. This __9th__ day of __March__________, 2020. Jack Weaver Jack Weaver Attorney for Defendant Galifianakis & Elliot 39 E. Kensington Rd Aspen, CO 81611 000305  IN THE COURT OF APPEALS STATE OF COLORADO No. 2020 - 101357 BRADLEY COPPER, ) ) Appellant, ) ) ) v. ) ) The PEOPLE of the ) State of Colorado, ) ) Appellee. ) ________________________________________________________________ ON APPEAL FROM THE 9th JUDICIAL DISTRICT COURT PITKIN COUNTY ____________________________________________________________ STATEMENT OF ISSUE ON APPEAL Whether the 9th Judicial District Court, Pitkin County, erred in denying Appellant’s Motion in Limine. This __10th___ day of _March_____, 2020. Jack Weaver Jack Weaver Attorney for Defendant Galifianakis & Elliot 39 E. Kensington Rd Aspen, CO 81611  IN THE SUPREME COURT OF COLORADO ════════════════════ Misc. Docket No. 20-9042 ════════════════════ FIRST EMERGENCY ORDER REGARDING THE COVID-19 STATE OF DISASTER ════════════════════════════════════════════════════ ORDERED that: 1. Governor Polis has declared a state of disaster in all 64 counties in the State of Colorado in response to the imminent threat of the COVID-19 pandemic. This order is accordingly issued pursuant to CRS § 24-33.5-701. 2. Subject only to constitutional limitations, all courts in Colorado may in any case, civil or criminal, without a participant’s consent: a. Modify or suspend any and all deadlines and procedures, whether prescribed by statute, rule, or order, for a stated period ending no later than 30 days after the Governor’s state of disaster has been lifted; b. Consider as evidence sworn statements made out of court or sworn testimony given remotely, out of court, such as by teleconferencing, videoconferencing, or other means; c. Require every participant in a proceeding to alert the court if the participant has, or knows of another participant who has, COVID-19 or flu-like symptoms, or a fever, cough or sneezing; d. Take any other reasonable action to avoid exposing court proceedings to the threat of COVID-19. 3. All courts in Colorado may extend the statute of limitations in any civil case for a stated period ending no later than 30 days after the Governor’s state of disaster has been lifted. 4. All courts in Colorado may extend the statute of limitations in any criminal case for a stated period ending no later than 30 days after the Governor’s state of disaster has been lifted or beyond that period by mutual agreement of the parties, provided that the defendant in person or by his counsel files a dated written waiver of his rights to a speedy trial pursuant to CRS § 18-1-405(4). 5. This Order is effective as of March 13, 2020, and expires May 8, 2020, unless extended by the Chief Justice of the Supreme Court. 6. The Clerk of the Supreme Court is directed to: a. post a copy of this Order on www.coloradojudicial.gov; b. file a copy of this Order with the Secretary of State; and c. send a copy of this Order to the Governor, the Attorney General, and each member of the Legislature. 7. The State Bar of Colorado is directed to take all reasonable steps to notify members of the Colorado bar of this Order. Dated: March 13, 2020 ____________________ Nathan B. Coats, Chief Justice, Colorado Supreme Court  IN THE COURT OF APPEALS STATE OF COLORADO No. 2020 - 101357 BRADLEY COPPER, ) ) Appellant, ) ) ) v. ) ) The PEOPLE of the ) State of Colorado, ) ) Appellee. ) ________________________________________________________________ ON APPEAL FROM THE 9th JUDICIAL DISTRICT COURT PITKIN COUNTY ____________________________________________________________ JOINT MOTION TO SET BRIEFING SCHEDULE Appellant Bradley Copper and Appellee The People of the State of Colorado jointly file this Joint Motion to Set Briefing Schedule in the above-referenced matter. I. This is an interlocutory appeal from Memorandum Opinion and Order on Defendant’s Motion in Limine entered on March 6, 2020, in Criminal Action Number 19-CR-2345-X in the 9th Judicial District Court, Pitkin County, Colorado. Appellant Copper timely filed a notice of appeal on March 9, 2020.  II. On March 13, 2020, the Chief Justice of the Colorado Supreme Court declared a state of judicial emergency, as set forth in the First Emergency Order Regarding The Covid-19 State Of Disaster. III. The parties request a deviation from the standard briefing schedule and jointly move for the suspension of activity on the above-referenced appeal and related underlying criminal case, and an extension of all deadlines by sixty months, as set forth below. Appellant Copper has expressly waived his right to a speedy trial pursuant to § CRS 18-1-405(4). Both parties mutually agree to extend the statute of limitations in the underlying criminal case as contemplated in the First Emergency Order Regarding The Covid- 19 State Of Disaster. The proposed deadlines and page limits comply with C.A.R. 10, C.A.R. 11(a), and C.A.R. 28. BRIEF DUE DATE PAGE LIMITS Appellant’s Brief March 24, 2025 at 13 pages 9:00 a.m. Appellee’s Response April 3, 2025 at 20 pages 9:00 a.m. Oral Arguments Week of April 7, 2025 This __20th___ day of _April_____, 2020. Angel Bassett Jack Weaver Angel Bassett Jack Weaver Assistant District Attorney Attorney for Defendant 9th Judicial District Galifianakis & Elliot 109 8th Street, Suite 308 39 E. Kensington Rd Glenwood Springs, CO 81601 Aspen, CO 81611