COUNTY COURT, CITY AND COUNTY OF DENVER, STATE OF COLORADO 520 W.

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

DANIEL M. MURPHY, P.C.

'el M. Murp y No.: 255 217 E. 7th Ave. Denver, CO 80203 (303) 318-7181

CERTIFICATE OF SERVICE I certify that on December 3, 2012, the foregoing Motion to Vacate and Reset was: (Faxed to): Denver District Attorney 201 W. Colfax Ave. #800 Denver, CO 80202 (720) 913-9035 (Emailed as attachment to:) Gary Lozow, Esq. glozowefostergraham.com

Amanda Encinias