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PRR 16-2438
RECORDS REQUEST (the "Request' Date of Request: 12/12/2016 Requester's Request ID#: 1364 REQUESTEE: Custodian of Records Sweetapple, Broeker & Varkas Custodian of Records Jones, Foster, Johnston & Stubbs Custodian of Records Town of Gulf Stream Custodian of Records Richman Greer P.A. Custodian of Records Cole Scott & Kissane Custodian of Records Johnson Anselmo Murdoch Burke Piper & Hochman. P.A. REQUESTOR: Martin E. O'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at records(a.commerce-group.com; Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 ADDITIONAL INFORMATION REGARDING REQUEST: The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream. its Commissioners. its Manager, its employees, its officers, its staff, its Police Department. its Police Officers: including, without limitation. the attorneys, employees and_vartners of the following law firms: Sweetaoole. Broeker & Varkas: Richman Greer, PA: Jones, Foster, Johnston & Stubbs: Cole, Scott & Kissane. P.A.: and Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. THIS REQUEST IS MADE PURSUANT TO ARTICLE L SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDA STATUTES IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED. HE $119.01(2)(F). FLORIDA STATUTES IF NOT AVAILABLE IN ELECTRONIC FORM. IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALSO PLEASE TAKE NOTE OF 6119.070)(H) OF THE FLORIDA STATUTES, WHICH I PROVIDES THAT 'IF A CIVIL ACTION IS INSTITUTED WITHIN THE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES." ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E-MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requester approve of any costs, asserted by the Agency (es defined in Florida Statute, Chapter 119.01 (Definitions)), In advance of any costs imposed to the Requester by the Agency. "BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES". 1/PMP/FLRR 11.04.2016 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 16, 2016 Martin E. O'Boyle [mail to: records(ci),commerce-grouo.coml Re: GS #2438 (PRR 1364) Please provide all transcripts, including all exhibits, (including any and all portions of the transcript and any copies which have not yet been certified) resulting fn•onn the deposition of Joel Chandler dated May 24, 2016 relating to the litigation styled: Martin O'Boyle vs. Robert Sweetapple and the Town of Gulf Stream. Case No.: 9:14-CV- 81250-KAM. Dear Martin E. O'Boyle [mail to: records(a,commerce-groun.coml: The Town of Gulf Stream has received your public records request dated December 15, 2016. The original public records request can be found at the following link: http://www2.gulf-stream.org/weblink/O/doc/104093/Pagel aspxx Please be advised that the Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to respond to you in a reasonable amount of time with the appropriate response or an estimated cost to respond. Sincerely, R As requested by Rita Taylor Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA January 5, 2017 Martin E. O'Boyle [mail to: records(a,)commerce-groun.com] Re: GS #2438 (PRR 1364) Please provide all transcripts, including all exhibits, (including any and all portions of the transcript and any copies which have not yet been certified) resulting from the deposition of Joel Chandler dated May 24, 2016 relating to the litigation styled: Martin O'Boyle vs. Robert Sweetapple and the Town of Gulf Stream. Case No.: 9:14-CV-81250-KAM. A. Dear Martin E. O'Boyle [mail to: records(ia commerce-group.coml: The Town of Gulf Stream has received your public records requests dated December 15, 2016. You should be able to view your original request and response at the following link: httv://www2.gulf-stream.org/weblink/O/doc/I 04093/Pagel .asnx We have also attached the records you seek in electronic format for your convenience. We consider this request closed. Sincerely, r�"Id RoWA41 " As requested by Rita Taylor Town Clerk, Custodian of the Records PIv3 7777 c _ t�S4 �t+y�'Jti 3 YJ r tY s j "� �* •b v_},�y' {c rtut eiti'1'YifY}r �t4�]�Y�a. "jke�ye avx. :� S. . c = _ O � n v _• j n r=' PIv3 7777 c _ t�S4 �t+y�'Jti 3 YJ r tY s j "� �* •b v_},�y' {c rtut eiti'1'YifY}r �t4�]�Y�a. "jke�ye avx. :� S. . c = _ L _ L 'S N= p pwo cpa 3n � onm � 4Ti a `np m0 Q o. 3. om Om'Q109py �3 09ynY p '��p fmJ � - T �3 n V npn v O 9� o �. ��h Z _ m _ _ a t a k ' L 4 O . . N S O T y y 1 = a 2 ' _ n t 0 o O o ^ R a �� C 9 c o c ��. . x r 3 h - �� y r f 4 K X N t . a - y Y T �� J Y u x s s k r 1 j i ' y . i 3 . j i Y n s ' . . _ t 1 t a ' S ' ' i a + i _ . F a ^ r J ��' ` . 5 ������[ r , ; ����" r i s ��\ i ' s y . �� u ���� �� , . . �� ��{ ' . , { + 3 " d . " r ��3 r [ _ ( . A r r % Y h I 1 l { Y f l r ' ^ i 4 d } ^ ��i } r . 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OO -rdop 06 uoyl alow OU) :algeo�de jl alep aepaajjg •pau5(s sem luaumgop s)gl alap aql uegl iotpo j!molldops (s)luawpuawe gaaa jo alsp aqy 2015 FLORIDA NOT FOR PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# N14000000853 Apr 22, 2015 Entity Name: CITIZENS AWARENESS FOUNDATION, INC. Secretary of State Current Principal Place of Business: CC6068360905 1280 WEST NEWPORT CENTER DRIVE DEERFIELD BEACH, FL 33442 Current Mailing Address: 1280 WEST NEWPORT CENTER DRIVE DEERFIELD BEACH, FL 33442 FEI Number: 464692438 Certificate of Status Desired: No Name and Address of Current Registered Agent: DEFILIPPIS, CHRISTINE 8121 SE ORCHARD TERRACE HOBE SOUND, FL 33455 US The above named entity submits this statement for the purpose of changing its registered olfics orregistemd agent, or both, In the State of F/odda. SIGNATURE: Electronic Signature of Registered Agent Officer/Director Detail : Tile S Name RUSSELL, BRENDA Address 1280 WEST NEWPORT CENTER City -Stale -Zip: DRIVE City -State -Zip: DEERFIELD BEACH FL 33442 Tile PD Name DEMARTINI, DENISE Address 1280 WEST NEWPORT CENTER City -State -Zip: DRIVE City -Stale -Zip: DEERFIELD BEACH FL 33442 Title T Name LACA, KATHLEEN Address 1280 WEST NEWPORT CENTER DRIVE City -Stale -Zip: DEERFIELD BEACH FL 33442 Tile D Name OILED, PETER Address 1280 WEST NEWPORT CENTER DRIVE City -State -Zip: DEERFIELD BEACH FL 33442 I hereby only that Ne Mlarmabon Mdlcafedwi has mpod ereMa0 mental reportIs true eM accurate and Nat my slecironk signature shall have Me same legal effect as Itmade under cvfh; Mal Iemvn oRcerwdi.clwd Me corporationw(he.ceireror Wafea empawemd to asawty Ws.portes rsqul.dby Chapter a tr. Fl aa S1aNtes; antl Maf my name v,.,es above, oron an attachment with aff atherfike empowered. SIGNATURE: BRENDA A. RUSSELL SECRETARY 04/22/2015 Electronic Signature of Signing Officer/Director Detail Dale AFFIDAVIT OF JOEL EDWARD CHANDLER BEFORE ME, the undersigned authority, personally appeared JOEL CHANDLER, who after being duly sworn, deposes and says that: I. My name is JOEL CHANDLER. 2. I am over eighteen (18) years of age. 3. I am a resident of Polk County, Florida. 4. I have personal knowledge of every assertion made in this affidavit. 5. Citizens Awareness Foundation, Inc, (herein "CAFI'), was formed as a Florida not-for-profit corporation by Martin O'Boyle in concert with his son, Jonathan O'Boyle. 6. Jonathan O'Boyle is an attorney admitted in Pennsylvania and New Jersey, but not admitted to practice in Florida. 7. In January 2014,1 was solicited by Martin O'Boyle to lead a not-for-profit corporation that was, he said, intended to promote open government. That not-for-profit corporation was created at Martin O'Boyle's direction and became known as the "Citizens Awareness Foundation, Inc" or "CAFE' 8. During my discussions with Martin O'Boyle, wherein he sought to hire me to servo as the leader of CA FI, we explicitly agreed that CAFI would have an independent Board of Directors; that the Board of Directors would be entirely free from the influence of Martin O'Boyle or the O'Boyle Law Firm; that I would have absolute and sole discretion regarding the commencement and resolution of open government litigation on behalf of CAFI, and; subject only to the independent Board of Directors, I would have the authority to select and retain law firms for the purpose of engaging in open government litigation. 3 Exhibit a -ay-�t OESQL"IRE tKs EXHIBIT �_g 9. During January or February of2014, I participated in a telephone conversation with Martin O'Boyle and Robert "Bob" Tweel, a tax attorney from West Virginia. Martin O'Boyle and I discussed with Mr. Tweel the absolute necessity that CAFI be a legitimate not-for-profit entity. This included, but was not limited to, the requirement that CAFI use a variety of law firms to represent it so as to avoid the appearance of self-dealing. 10. Martin O'Boyle indicated to Mr. Tweel and to me that he was going to loan all necessary monies to fund CAFI and, after 501(c)(3) status was acquired, write off as a charitable donation all of the monies he had loaned to CAFI. After leaving this meeting I was particularly encouraged that Martin O'Boyle was genuine initis interest to establish a bona fide not-for-profit entity of which I would serve as the Executive Director and that CAM would afford me the opportunity to more effectively continue my work as a civil rights activist and advocate for open government. 11. Martin O'Boyle appointed Brenda Russell, William Ring and Denise DeMartini to the CAFI Board. 12. Brenda Russell is Martin O'Boyle's long time secretary. She was never present for meetings. In fact, no formal meetings of the Board were ever called or held. For a brief time, Brenda Russell collected my travel and business receipts, all of which were subject to the approval of Martin O'Boyle. 13. William Ring is Martin O'Boyle's longtime business associate and corporate attorney. 14. Denise DeMartini is the long-time employee of Martin O'Boyle or entities that he controls. 15. All of my negotiations for employment by CAFI were with Martin O'Boyle. At no time did I engage in any negotiations regarding the details of my employment, including my compensations, with anyone other than Martin O'Boyle. 16. At Martin O'Boyle's direction 1 drafted and signed a proposed memorandum of understanding regarding my employment by CAR I have never received a copy of the proposed memorandum of understanding signed or approved by the board of CAFI. 17.1 served as the Executive Director of CAM for approximately five (5) months, through the end of June 2014. 18.1 resigned because of repeated instances of conduct perpetuated by Martin O'Boyle, Jonathan O'Boyle, William Ring, Denise DeMartini, and some of the attorneys at the O'Boyle Law Firm, P.C., Inc., (herein the "O'Boyle Law Firm"), as set forth herein, which I believe may be criminal, fraudulent and unethical. 19. My relationship with the O'Boyle Law Firm was not limited to my capacity as the Executive Director of CAFI. As the individual plaintiff in several open government lawsuits, I had retained the O'Boyle Law Firm as my personal legal counsel. 20. My communications with the attorneys of the O'Boyle Law Firm, including Jonathan O'Boyle, affected both CAFI and me, as an individual client. 21. Martin O'Boyle and Jonathan O'Boyle told me that Martin O'Boyle was funding the O'Boyle Law Firm. 22. Martin O'Boyle told me that he was also funding CAFI. 23. The Martin O'Boyle business entities, including Commerce Group, Inc., CAFI, and the O'Boyle Law Firm operated from the same physical location and were controlled by Martin O'Boyle. 24. Despite assurances that CAFI would be independent and not-for-profit, Martin O'Boyle and the O'Boyle Law Firm used CAFI for the sole purpose of generating attorney's fees for the O'Boyle Law Firm. 25. Throughout my tenure with CAFI,1 repeatedly demanded that lawsuits not be filed or settled without my direct authorization. 26. In spite of Martin O'Boyle's initial assurances to the contrary, I was not permitted to retain legal counsel on behalf of CAFI, other than the O'Boyle Law Finn. William Ring, CAM's President and Martin O'Boyle's proxy, communicated this to me. 27. On numerous occasions, l learned that the O'Boyle Law Firm, on behalf of CAFI, had filed lawsuits, without my knowledge or authorization. 26. The O'Boyle Law Firm routinely settled cases without written fee agreements, contingency agreements or closing statements. No accountings of the monies received were provided to me despite my repeated requests for that documentation. 29. Repeatedly, I advised Martin O'Boyle, William Ring and Jonathan O'Boyle that my other personal attorneys had advised it was a serious Bar violation to disburse settlement funds without client approval or closing statements. 30. Despite my protests, the O'Boyle Law Firm continued to file and settle lawsuits on behalf of CAFI and to collect and keep settlement payments. At no time was I ever presented with any form of accounting for legal fees or the disbursement of settlement payments. 31. During the O'Boyle Law Firm's representation of CAFI and me, l was personally present, or present by telephone, at numerous O'Boyle Law Firm meetings. Denise DeMartini, Martin O'Boyle's executive assistant and Director of CAFI, conducted these aw firm meetings. During these meetings, and in my presence, many pending 1.1 cases were discussed. These discussions included the details of cases to which neither CAR nor I were parties. Denise DeMardni is not a member of the Florida Bar. 32. It became commonplace for Martin O'Boyle to express his opinions and to offer his advice with respect to litigation strategies and on the conduct of CAR lawsuits as well as the cases of other firm clients. Jonathan O'Boyle actively participated in these discussions and, in my presence, directed the work of O'Boyle Law Firm attorneys and made litigation decisions. 33. During the course of my employment I learned that Martin O'Boyle directed his secretary to file in excess of 100 public records requests to the Town of Gulf Stream, under the pretense that these were being filed on behalf of CAR. He also ordered that lawsuits be filed by CAM against the Town of Gulf Stream. This was done without my authority and litigation was filed over my objection. 34. When I complained about the fact that Martin and Jonathan O'Boyle were not honoring the commitment that I would have sole authority to make public records requests and conduct litigation, I was told by William icing that this was "the way Big Daddy wants it", i.e., Martin O'Boyle. Otherwise, "Big Daddy will tum -off the spigot of money". 35. Jonathan O'Boyle advised me that he was not a member of the Florida Bar but would be become a member within days. During the five months that I worked with CAFI, Jonathan O'Boyle worked full-time at the O'Boyle Law Firm providing legal advice, directing the administration of cases, and assuming responsibility for cases. 36. The O'Boyle Law Firm and Jonathan O'Boyle prosecuted and filed some cases without my permission and settled some cases without my knowledge or consent. 37. No retainer agreements were ever entered into with me on behalf of CAFI. No contingency agreements were entered into with me on behalf of CAFI. No closing statements were ever presented to me and it appears that all monies that were solicited from defendants were paid directly to the O'Boyle Law Firm. 38. Martin O'Boyle, through his entities, funded all of the filing fees and expenses of CAFI as well as the expenses of the O'Boyle Law Firm. CAR has now filed scores, if not hundreds, of cases against state and local agencies throughout Florida as well as various state contractors. 39. The employees of all of Martin O'Boyle's entities, including The Commerce Group, Inc., CAR and the O'Boyle Law Finn were shared. Denise DeMartini and William Ring worked for Martin O'Boyle, CAFI and the O'Boyle Law Firm. 40. Although Martin O'Boyle named Denise DeMartini a director of CAFI, she also directed the operations of the O'Boyle Law Firm and conducted law firm meetings. 41. Denise DeMartini repeatedly stated that CAR was required to file at least one hundred lawsuits a month; that all lawsuits had to be directed to the O'Boyle Law Firm for prosecution, and; that as my direct supervisor, she would evaluate my performance based upon my ability to deliver a minimum of twenty-five case per week to the O'Boyle Law Firm. 42. Through William Ring, Martin O'Boyle insisted that the O'Boyle Law Firm handle all litigation. 43. Martin O'Boyle told me he had unlimited money to pay filing fees for CAH cases and I was to file as many cases as possible. 44. When I asked Martin O'Boyle to quantify how many cases he was willing to finance Gl he said it was virtually unlimited. When I again tried to clarify by asking him if he was willing to finance three thousand (3,000) cases in a single year, he said "sure." 45. When I learned it was the policy and practice of the O'Boyle Law Firm to demand settlement of cases against government entities and state contractors for attorney's fees in excess of the fees actually earned I was livid. In fact, I confronted William icing, Denise DeMartini and Jonathan O'Boyle in May of 2014 and stated in unequivocal terns that I would resign if it didn't stop. 46. In one telephone conversation with Jonathan O'Boyle I warned him at least six times that I was going to resign and that I objected to Denise DeMartini's demands that I produce 100 cases per month, her control of the O'Boyle Law Firm and the windfall scheme of collecting more monies in attorney's fees from defendants, than had actually been earned. 47. Despite these complaints, William Ring, Denise DeMartini and Jonathan O'Boyle told members of the firm that I had authorized the windfall scheme. When I learned of this I confronted those involved. Nick Taylor, Esquire confirmed that despite my objection, the windfall scheme would continue as firm policy. Shortly thereafter, I announced my resignation. 48. Ryan Witmer and Giovanni Mesa announced they were also going to resign. 49. William Ring announced he was going to become a member of the O'Boyle Law Firm at about that time. 50, After I resigned, Martin O'Boyle contacted me by telephone and demanded that I withdraw an email I had sent to Nick Taylor regarding Jonathan O'Boyle's unlicensed practice of law and Jonathan O'Boyle's authorship of the windfall scheme. During that call, which was my last conversation with Martin O'Boyle, he repeatedly threatened to bring great "unpleasantness" to my life if I failed to renounce my email to Nick Taylor. 51. Thereafter, Martin O'Boyle repeatedly attempted to contact me by telephone and email seeking my assistance to facilitate CAM in filing additional lawsuits. 52. After resigning from CAFI I sent an email to numerous newspaper and television news reporters announcing my resignation. I copied that announcement to dozens of individuals, including Robert Sweetapple, Esquire, to notify them of my disassociation and disapproval of the O'Boyles and their activities. 53. Within a few days of my resignation from CAFI, I granted an interview with a reporter from the Lakeland Ledger and provided many of the details contained within this affidavit. 54. Prior to emailing Robert Sweetapple, I had never met him, spoken to him, nor had he or any members of his firm contacted me. 55. Prior to my emailing the law firm of Jones Foster, I had never had any contact with Joanne O'Connor, Esquire, or any member of that law firm. 56. My subsequent contact with Robert Sweetapple and Joanne O'Conner was entirely the result of own initiative. 57. I sent my email to Robert Sweetapple because I knew he represented the Town of Gulf Stream, which I believed was being victimized by Martin O'Boyle and the O'Boyle Law Firm and I was concerned that the conduct of Martin O'Boyle and the O'Boyle Law Finn might be illegal and fraudulent. 58.1 believed that I had a duty to make all victims, including the Town of Gulf Stream, aware of what I teamed during my association with Martin and Jonathan O'Boyle. For 8 example, Martin O'Boyle's orchestration of more than one hundred public records requests being served upon the Town of Gulf Stream, allegedly under the name of CAFI, but without my authorization; Martin O'Boyle's direction that lawsuits be filed by the O'Boyle Law Firm in the name of CAM against the Town of Gulf Stream but without my authorization, and; in spite of my objections, Martin O'Boyle's use of CAM as a weapon in his personal vendctta against the Town. 59. Prior to contacting Robert Sweetapple to make him aware of my concerns regarding Martin and Jonathan O'Boyle's conduct, I met with numerous private attorneys. As a result of those meetings I concluded that I bad a duty to disassociate myself from the O'Boyles and to make full disclosure of any illegal and fraudulent activities. l have also contacted numerous other victims and their attorneys to advise them of the conduct of the O'Boyles and to provide them with evidence of such conduct. 60. Before speaking with Robert Sweetapple on the phone I spoke with Joanne O'Connor by telephone and made her aware of the misconduct. 6 1. 1 then provided to Robert Sweetapple evidence of what I believe may be fraudulent and criminal conduct as well as a detailed chronology of events. 62, Thereafter, I spoke with Robert Sweetapple and gave him permission to meet with me and to take a voluntary sworn video statement concerning my involvement with Martin O'Boyle, Jonathan O'Boyle, CAM and the O'Boyle Law Firm. 63. At all times Robert Sweetapple made me aware of the application of the lawyer -client privilege, both as it pertained to CAFI and to me personally. I determined, based upon independent legal advice, that I was fully permitted and had a duty to disclose what I believe to be the criminal and fraudulent conduct or Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm. I also voluntarily waived privileged matters that arose from the joint representation by the O'Boyle Law Firm. 64. In spite of the many contrary assurances made by Martin O'Boyle to me, including the exercise of my independent judgment and meaningful economic resources to be used to promote the public's right to access government records and meeting, in reality CAM's sole purpose is to serve as an exclusive in-house mechanism whereby the O'Boyle Law Firm can generate legal fees by filing hundreds of open government lawsuits. 65. The egregiousness of the scheme was exacerbated by the O'Boyle Law Firm's policy of demanding excessive and unearned legal fees from defendants as a condition of settlement. 66. Simply put, CAM is a profit -generating scheme funded by Martin O'Boyle to produce fees for his son's legal practice. 67. Allegations that Joanne O'Conner, Robert Sweetapple or their firms purposely solicited and obtained confidential information from me is false. The allegation that this was done to gain an unfair advantage in litigation is further false. 68. The information that I provided to Robert Sweetapple and Joanne O'Connor was not intended to provide an unfair advantage to the Town of Gulf Stream, but to make the Town and all other victims aware of what I believe to be the fraudulent, criminal and professionally unethical conduct of Martin O'Boyle, Jonathan O'Boyle, CAN and the O'Boyle Law Firm. 69. Robert Sweetapple and Joanne O'Connor did not solicit privileged information from me. I voluntarily contacted them and made my own determination, after meetings with co independent counsel, as to what information and documents to provide to victims, 70. My sole motivation for contacting the media, victims and their attorneys, proving evidence, inviting the taking of my sworn statements and authoring this affidavit is to protect the essential civil right of all Floridians to know what their government is doing in their name and at their expense. It is my considered opinion that the unconscionable conduct of Martin O'Boyle, Jonathan O'Boyle, CAM and the O'Boyle Law Firm serves as an example of the abuse of our legal system and will be used by opponents of open government as an excuse to limit the public's right to know. FURTHER AFFIANT SAYE TI -I NAUGH . JO ANDLER SWORN TO AND SUBSCRIBED before me this% day of October, 2014. igk, .� AMBER COL50N KELLY Nolary Public • state of Florida y�a' MY Comm. EspiresMay 31,2015 %7wtt?,$•' Commission p EE 166909 Personally known Produced Identification nn11 Identification produced: fi C. ARY PUBLIC Printed Name of Notary✓ My Commissions Expires: (YID t� 31,i 15 I a3J 1'IU1IIU11. \/A\ -11-V IJ IaJ L1 V1D1VII. VJ Filing # 16774979 Electronically Filed 08/06/2014 11:39:02 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CITIZENS AWARENESS FOUNDATION, INC., a Florida non profit corporation, Plaintiff, V. JOEL CHANDLER, Defendant. CASE NO. COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff, Citizens Awareness Foundation, Inc. ("Plaintiff') sues Defendant Joel Chandler ("Chandler' or "Defendant"), and alleges as follows: PARTIES JURISDICTION, AND VENUE 1. This Court has subject matter jurisdiction over this case in that it is an action at law where the amount in controversy exceeds the stun of $15,000.00, exclusive of interest and costs, and attorneys' fees. 2. Plaintiff is a Florida non profit corporation with its principal place of business located in Broward County, Florida, at 1280 W. Newport Center Drive, Deerfield Beach, FL 33442. 3. Defendant is an individual who resides in Polk County, Florida. 4. Venue is proper in this judicial district because the causes of action asserted herein accrued in this judicial circuit. BACKGROUND 5. Plaintiff was incorporated on January 27, 2014 and is a non-partisan, not -for - Exhibit a Pq-1(47 C 1� �v�q< L v nes ©r-sQuIRE profit organization dedicated to, among other things, the proposition that members of the public have a right to know what their government is doing in their name and at their expense. 6. Plaintiff regularly audits state and local public agencies and vendors for their compliance with Florida's expansive open government laws. These audits are conducted in- person and electronically. 7. In addition to testing agencies for compliance, Plaintiff engages in public policy research. Often, the results of this research are provided to media outlets and become the basis for various new media stories. 8. Plaintiff's efforts often expose violations of the Public Records Act and/or the Sunshine Laws as well as other civil rights violations. When appropriate, Plaintiff takes legal action to enforce these statutory and constitutional rights. 9. For the past seven years, Chandler has been a well -]mown advocate for public access to public records and government meetings. 10. Prior to February 17, 2014, Chandler filed hundreds of lawsuits throughout Florida (including at least five in this judicial district) relating to alleged violations of the Public Records Act and the Sunshine Laws. 11. Chandler also maintains an active blog/website (available at www.foawatch.ore) where he posts news stories, videos, and commentary relating to open government, public records, and open access to public meetings. 12. Because Chandler's extensive and unique experience coincided with Plaintiffs desire to promote government transparency, Plaintiff actively sought out and communicated with Chandler regarding his possible employment with Plaintiff. Plaintiff viewed Chandler as instrumental in launching its initiative and was therefore willing to pay Chandler a premium for 2 his knowledge and participation. 13. After several lengthy discussions over a period of approximately two weeks, Plaintiff and Chandler entered into a Memorandum of Understanding (the "Agreement") on February 17, 2014 whereby Chandler agreed to accept employment as Plaintiffs Executive Director. The Agreement created an enforceable contract between Plaintiff and Defendant, and is attached hereto as Exhibit "A." 14. Pursuant to the Agreement, Plaintiff agreed to pay Chandler an annual salary of $120,000, to provide Chandler with an automobile, and to provide him with various other resources and benefits. 15. In exchange for this compensation, Chandler induced Plaintiff to believe that he was agreeing in good faith to serve as Plaintiffs Executive Director and to perform numerous duties as delineated by the Agreement. These duties included (but were specifically not limited to) conducting audits of state and local agencies, making public records requests, attending publicly noticed meetings, conducting community outreach events, conducting educational events, and supervising Plaintiffs personnel. 16. Further, given the substantial financial investment that Plaintiff was making in retaining Chandler, the Agreement further provides that Chandler specifically agreed to the following: • Chandler will diligently work to achieve or exceed the expectations of the Foundation with respect to its stated objectives. • Chandler will refrain from engaging in other revenue generating schemes or business enterprises during his employment by the Foundation. ■ Chandler will conscientiously care for and properly maintain any property belonging to the Foundation that is within his custody or control. • Chandler will refer violations of Open Government Laws encountered in the course of his t] duties to legal counsel approved by the Foundation. • Chandler will diligently seek to act in the best interests of the Foundation. 17. The Agreement provided that either party could terminate the Agreement with thirty days written notice to the other party. 18. Initially, Chandler appeared to be actively engaged in his role as Plaintiffs Executive Director — Chandler submitted public records requests, shared his knowledge/strategies with Plaintiffs personnel, and worked closely with the other members of Plaintiffs Board of Directors. 19. Unbeknownst to Plaintiff, however, Chandler was apparently unsatisfied with the bargain he had struck under the Agreement and secretly desired greater authority to manage Plaintiffs operations. 20. Chandler's secret desires became quite public to Plaintiff in May 2014 pursuant to a series of meetings between Plaintiffs Board of Directors and subsequent correspondence. In these meetings and correspondence, Chandler expressed his dissatisfaction that decisions concerning the making of public records requests and the initiation/settlement of litigation could be made by Plaintiffs officers. According to Chandler, the authority to make public records requests and to initiate/settle litigation was to vest solely in him. 21. Chandler raised certain other complaints/concerns during these meetings and in his correspondence, but his primary complaint appeared to be his lack of exclusive authority to control Plaintiff. 22. On or around May 19, 2014, Chandler spoke with two other members of Plaintiffs Board of Directors to discuss his complaints. During this meeting, Chandler agreed that he would not have exclusive authority to make public records requests and to initiate/settle 0 litigations. 23. Upon concluding the May 19, 2014 meeting, it appeared to Plaintiff that Chandler was 'on board' with his continued employment by Plaintiff and that Chandler was agreeable to continuing his efforts as Executive Director. Indeed, during the meeting, Chandler sought and obtained authority to hire an administrative assistant (to be paid by Plaintiff) and further discussed expenses he contemplated incurring in the future. 24. Although Chandler expressed his continued commitment to Plaintiff during the May 19, 2014 meeting, his surreptitious conduct following the meeting suggested otherwise. 25. From May 19, 2014 through June 30, 2014, Chandler essentially ceased good faith efforts and work on behalf of Plaintiff — he stopped managing and communicating his public records requests to Plaintiff, and, upon information and belief, stopped supervision of Plaintiff's employees, and greatly reduced any educational/community outreach efforts. In short, he completely abrogated his duties under the Agreement and as Plaintiff's Executive Director. 26. Notwithstanding this sudden shift in behavior, Chandler continued to draw his salary and fully utilize his benefits that were provided by Plaintiff — he used Plaintiffs automobile for business and/or pleasure unrelated to Plaintiff, used Plaintiffs credit card for meals and/or other purchases unrelated to Plaintiff, and likewise utilized Plaintiffs other property (including computers, flash drives, and other technology) for purposes unrelated to Plaintiff. 27. Although Chandler was apparently unwilling to perform his duties under the Agreement between May 19, 2014 and June 30, 2014, Chandler did not provide notice to Plaintiff that he was terminating or seeking to terminate his employment with Plaintiff. Rather, Chandler strung Plaintiff along by requesting and receiving authority to hire his son (to be paid 5 by Plaintiff) and by communicating in such a way as to convince Plaintiff that he was still actively engaged with his job and directorial duties. 28. These communications and requests, however, were merely vehicles for Chandler to continue using Plaintiffs money and resources for his own gain and/or benefit during this time. 29. On lune 30, 2014 —without any advance notice — Chandler appeared at Plaintiff's offices in Deerfield Beach (where he frequently traveled to throughout his employment for purposes of conducting company business) and hand delivered a resignation letter to Plaintiffs President, effective immediately. 30. The resignation letter, which did not provide the thirty day notice required by the Agreement, noted in cursory fashion that "[a](1 electronic data" belonging to Plaintiff had been placed on an external hard drive that was simultaneously delivered to Plaintiffs President. 31. Chandler did not endeavor to explain precisely what data was on the hard drive, how it could be accessed, how the data was organized, or whether any data was excluded/deleted. Rather, he simply delivered the letter, the hard drive, and various other property belonging to Plaintiff and quickly left the office. 32. After receiving Chandler's resignation letter, it became apparent to Plaintiff that Chandler had not merely abrogated his job duties during his last month and a half of employment — he was actively and maliciously working against the best interests of Plaintiff. 33. Upon beginning employment with Plaintiff, Chandler was provided an email account on Plaintiffs server for purposes of conducting Plaintiffs business. Upon receipt of Chandler's resignation letter, Plaintiff discovered that Chandler had deleted this email account (and all of the emails that Chandler had sent/received throughout his employment with Plaintiff) immediately before his resignation. 34. After spending several hours working closely with IT professionals, Plaintiff was able to `re -open' the email account such that new emails could be received (such as individuals with questions concerning Florida's public records laws and/or reporting violations). To date, however, Plaintiff has been unable to restore the emails deleted by Chandler, notwithstanding the fact that Plaintiff has expended significant time and expense in attempting to do so. 35. Plaintiff has also recently learned that, although the Agreement prohibited him from doing so, Chandler was actively engaged in other business enterprises during his employment with Plaintiff. Upon information and belief, Chandler made public records requests not on behalf of Plaintiff, referred violations to counsel not approved by Plaintiff, and also used information gained through employment with Plaintiff to promote his own website (ww-v.foswatch.org) and other business endeavors. 36. To add insult to injury, Chandler improperly used and utilized Plaintiffs property (including proprietary and confidential information) in performing these activities that were clearly in violation of the Agreement. 37. Finally, it also appears that, following his resignation letter (and very likely during the time that he was employed by Plaintiff), Chandler has engaged in discussions with certain individuals and/or counsel currently engaged in active litigation against Plaintiff. Upon information and belief, Chandler has provided statements and documents to these individuals that are proprietary, confidential, and likely protected by the attorney-client and/or other privileges. The provision of confidential/proprietary information to such individuals is an absolute breach of trust and violation of the numerous fiduciary duties that Chandler owes Plaintiff. 7 38. All conditions precedent to this action have been performed or have been waived COUNT I — BREACH OF CONTRACT 39. Plaintiff re -alleges and incorporates paragraphs 1 through 38 as set forth above. 40. The Agreement is a binding, enforceable contract. 41. As set forth in Paragraphs 15 and 16 herein, the Agreement imposes numerous duties on Chandler in performing his employment and directorial functions. 42. Chandler breached these duties by failing to act in the best interests of Plaintiff, failing to refer violations of open government laws to counsel approved by Plaintiff, and failing to refrain from engaging in other business enterprises during his employment by Plaintiff. 43. Chandler further breached his contractual duties by failing to perform his stated responsibilities from May 19, 2014 through lune 30, 2014 (the date of his resignation). 44. Chandler further breached the Agreement by failing to provide Plaintiff with thirty days written notice and failing to return to Plaintiff all of Plaintiffs property within his custody or control. 45. As a result of Chandler's breach of the Agreement, Plaintiff has sustained substantial actual direct, incidental, and consequential damages that exceed $15,000.00, the full amount of which will be established at trial. COUNT II — BREACH OF FIDUCIARY DUTY 46. Plaintiff re -alleges and incorporates paragraphs 1 through 38 as set forth above. 47. As Plaintiffs Executive Director, Chandler owed Plaintiff a fiduciary duty and was obligated to act in good faith and the best interest of Plaintiff. 48. Moreover, given his extensive knowledge of Florida's open government and public records laws, Plaintiff relied on Chandler through a special relationship of trust. 0 49. Chandler breached his fiduciary duties to Plaintiff by, inter alio, (a) providing confidential, proprietary, and/or privileged information and documents to individuals counsel engaged in active litigation against Plaintiff, (b) deleting the email account provided to him by Plaintiff immediately prior to tendering his resignation, (c) leaving Plaintiff's employees and operations in a state of disarray by failing to provide thirty days notice and failing to assist with the transition of files and open matters, (d) abusing Plaintiffs reimbursement policy by seeking and obtaining payment from Plaintiff of various personal expenses, (e) misappropriating and redirecting corporate opportunities belonging to Plaintiff, and (f) using Plaintiffs confidential and proprietary information in connection with business enterprises not associated with Plaintiff. 50. As a result of Chandler's breaches of fiduciary duty, Plaintiff has sustained substantial direct, incidental, and consequential damages that exceed $15,000, the full amount of which will be established at trial. DEMAND FOR JURY TRIAL Plaintiff hereby demands trial by jury on all causes of action. PRAYER FOR RELIEF WHEREFORE, Plaintiff demands judgment against Defendant for: (i) Actual direct, incidental, and consequential damages, interest, and costs, in an amount to be determined at trial; and (ii) Issuance of such other relief as the Court deems just and proper. Respectfully submitted this 6th day of August, 2014. By: Is/Joshua K Eumatz Joshua H. Eggnatz, Esq. Fla. Bar No.: 0067926 Michael J. Pascucci, Esq. Fla. Bar. No.: 83397 THE EGGNATZ LAW FIRM, P.A. N 5400 S. University Drive, Ste. 413 Davie, FL 33328 Tel: (954) 889-3359 Fax: (954) 889-5913 JEaenatz(aiEgpnatzLaw.com Attorneys for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that upon issuance of the Summons, the foregoing will be served upon Defendant via process server. 10 /s/ Joshua H. E2enatz Joshua H. Eggnatz, Esq. This is a Memorandum of Understanding Between Citizen's Awareness Foundation, Inc. (herein, the "Foun'dation') and Joel Chandler, (herein, "Chandler"). It is expressly agreed and understood by the Foundation and Chandler that this agreement will be binding upon both parties. Because the Foundation and Chandler wish to promote government transparency, the Foundation agree$ to hire Chandler to engage in advocacy, activism and educational programs that promote government transparency and agency compliance with the Public Records Act and the Sunshine Laws (herein, collectively "Open Government Laws"). To that end the Foundation wishes Chandler to serve as the Executive Director of the Foundation. Chandler's job responsibilities will include, but not necessarily be limited to the following: • Conducting audits of state and local agencies (and those persons or entities acting on behalf' f state and local agencies) for compliance with Open Government Laws; • Making various public records requests and attending various publicly noticed meetings on behalf of and as the non-arrarnev agent and employee of the Foundation; • Coordinating and facilitating community organizations to become aware of Open Govemmpnt Laws; • Conducting various community outreach events that promote government • Conductipg and coordinating various educational events that promote public awareness of Open Government Laws; Engagin�in various research regarding state and local governmental agencies; • Conducdpg media events and interviews that serve to promote public awareness of Open Government Laws; • Working�with other civil rights organizations to promote public awareness of Open Goremment Laws, and; • Supervising Foundation personnel. In the furtherance of these objectives the Foundation agrees: • To pay Chandler an annual salary of $120,000 to be paid in equal amounts on the 1"and l$a' of each month, less applicable state and federal taxes and other Gusto deductions; • To provi a Chandler with an automobile suitable for his job responsibilities. The Foundati n will retain ownership of the vehicle and provide all necessary and appropn to insurance and pay for fuel and maintenance of the vehicle; • To provide Chandler and his dependents with health insurance coverage throughout his employment by the Foundation, such insurance may require customary employee contributions; • To provide Chandler two weeks paid vacation each year; • To provide Chandler the necessary, but reasonable, resources to conduct his efforts on behalf of the Foundation including, but not necessarily limited to, travel N .a expenses s�I ch as transportation costs, meals and lodging, electronic equipment such as co rtputers, cameras, printers and communication devices; • To provide Chandler with the necessary, but reasonable, resources to conduct Comm meetings, educational seminars and promotional events; • To provide Chandler with all other necessary, but reasonable, resources to fulfill his job regponsibilities including, but not necessarily limited to, normal office supplies and equipment, communication devices and expenses, computers and cameras. I In consideration of the Foundation's investment of considerable resources in helping Chandler achievq the objectives of the Foundation, Chandler agrees to the following: • Chandlerinvill diligently work to achieve or exceed the expectations of the Foundatiln with respect to its stated objectives; • Chandleriwill refrain from engaging in other revenue generating schemes or business enterprises during his employment by the Foundation; • Chandlerlwill conscientiously care for and properly maintain any property belonging to the Foundation that is within his custody or control; • Chandlerlwill refer violations of Open Government Laws encountered in the course oflhis duties to legal counsel approved by the Foundation; • Chandlerlwill diligently seek to act in the best interests of the Foundation. It is expressly understood that Chandler serves the Foundation at the pleasure of the Board of Directors and may be discharged for any reason with thirty days written notice. Conversely, Chandler may terminate his employment by the Foundation for any reason with thirty -days i. itten notice. Upon termination of his employment by the Foundation Chandler will return to the Foundation all Foundation owned property within his custody and control. On or about the bne-year anniversary of Chandler's employment by the Foundation the parties will revi4w Chandler's performance and may, at the sole discretion of the Board of Director's offer to renew Chandler's employment. At the discretion of the Board of Directors Chandler may be awarded bonuses or other benefits or compensation (Print) On Behalf of the Board of Directors IN RE: SWORN STATEMENT OF JOEL CHANDLER SY: THE TOWN OF GULF STREAM SWORN STATEMENT OF JOEL CHANDLER DATE TAKEN: Wednesday, July 23, 2014 TIME: 10:48 a.m. - 3:56 p.m. PLACE: Sclafani Williams Court Reporters 402 South Kentucky Avenue Suite 390 Lakeland, Florida - EXHIBIT e a STENOGRAPHICALLY REPORTED BY: Julie A. Kelley, PPR Florida Professional Reporter Sclafani 4VIlItmaS Court Reporters, Inc. 1-800-272-0404 DEF000017 Exhibit �Z-ZN-(cam �qu-�CL�L'Y' 1< ©r.SQUIRr•. h - 1 a 3 9 5 6 7 e 9 10 11 12 13 .Q 15 16 17 10 19 20 21 22 23 29 25 Taken by, Robert, A. Sweetapple, Esquire Sweetapple, Broeker & Varkas, PL 199 East Soca Raton Road Boca Raton, Florida 33432 (561) 392-1230 ALSO PRESENT; Robert Cruz, Videographer Sdafani Wllfimas Court Reporters, Inc. 1-800-272-0404 DEF000018 21 1 z 3 a 5 6 7 8 9 1a 11 12 13 16 is 16 17 In 19 20 21 22 23 24 2s I N D E X WITNESS PAGE JOEL CHANDLER Called by The Town of Gulf Stream: Direct Examination by Mr. Sweetanple a STIPULATIONS 191 CERTIFICATE OF OATH 192 REPORTER'S CERTIFICATE 193 E X H I H I T S (No exhibits were marked.) Sclafani Willimas Court Reporters, Inc. 1-800-272.0404 DEF000019 31 1 2 3 4 s 6 7 e 9 to 11 12 13 14 is 16 17 13 19 20 21 22 23 24 2s PROCEEDINGS THE VIDEOGRAPHER: Today's date is July 23rd, 2014. The time is 10:44 a.m. Would the court reporter kindly swear in the witness. (Whereupon the witness was sworn.) JOEL CHANDLER, having been first duly sworn, testified as follows: TRE WITNESS: I do. EXAMINATION BY MR. SWERTAPPLE: Q. Good morning, Mr. Chandler. Illy name is Bob Sweetapple and I'm an attorney. I am one of the attorneys who represents the Town of Gulf Stream. You're familiar with the town of Gulf Stream I take it? A. I am. Q. Okay. And we have not met prior to today; is that correct? A. That's correct. Q. Okay. You contacted me with regard to allegations of conduct of Mr. O'Boyle and the O'Boyle Law Firm and offered to provide a voluntary statement. Are you here voluntarily today? A. I am. Q. Okay. By the same token, I know that you -- Sdafani Wiilimas Court Reporters, Inc. 1-800-272-0404 DEF000020 41 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 le 19 20 21 22 23 24 25 you have indicated to me that you spoke with your attorneys, private attorneys, before coming here. Have you spoken with your own legal counsel before coming? A. I have. Q. All right. And have you elected to come here without legal counsel? A. I have. Q. Okay. And as I understand it, for some period of time, you worked for a foundation, or an alleged foundation, by the same of the citizens Awareness Foundation? A. Yes. Q. Okay. I do not want to have you do anything that would invade any privilege that foundation has by way of a lawyer/client privilege with any law firm, any Florida law firm or any law firm. I£ in the course of my questioning or your providing information to me you come to a point where that may be happening, please stop, all right, and stop me if that ever occurs because I don't know what your statement is going to consist of in its entirety by any means. A. Okay. Q. By the same token, I know that you have spoken with attorneys because you told me that. You have a right to a privilege with regard to anything you've Sdafani W1111mas Court Reporters, Inc, 1-800-272-0404 DEF000021 51 1 2 3 4 5 6 7 e 9 to li 12 13 14 is 16 17 is 19 2s 21 22 23 24 25 discussed with attorneys. You have the right to waive that. You've indicated to me that the O'Boyle Law Firm has or does represent you with regard to a couple of public records requests. You're the client I take it in those. If you choose to waive the privilege, that's your prerogative. I'll leave that to your decision and discussions with your attorneys. A. I understand. 0. okay. I thought the beat way to handle this would be for you to just tell me what it is that you wanted to make the Town of Gulf Stream aware of, keeping in mind that the town does have, I believe, two cases with the Citizens Awareness Foundation. I'm not counsel in those cases at this time, but I did -- I think you are aware of that fact. A. Yeah, I don't know how many there are, which is part of the reason we're here today. Q. Okay. But you were aware that the foundation has filed suits against -- A. I just don't know how many. Q. Okay. I don't know either. I'm just going by what I've heard. A. Right, Q. All right. Maybe the best way to handle this if this is comfortable for you is just to have you Sdafani W 111mas Court Reporters, Inc. 1-800-272-0404 DEF000022 61 3 4 s 6 1 8 9 12 13 14 1s 16 17 18 19 28 21 22 23 24 25 describe for we the matters that are of concern to you that you want to make me aware of. And if you don't mind, if I have a question, I'll interrupt. And if it's -- if it's messing up your train of thought, just let me know and I'll wait. But if not, I'll try to follow up and if something is not clear, I'll get you to answer it. And then when you're done with your statement, I'll probably have some questions for you. A. sure, feel free to interrupt anywhere along the 4. Okay, please. A. Yeah, I, as you know, I think, I went to work -- I was hired as the Executive Director of the Citizens Awareness Foundation, Inc. and I've -- the genesis of that relationship comes from an e-mail that I received from Marty O'Boyle and got an e-mail from him on .Tanuary 4th of 2014 and he invited me to meet with him regarding the -- what became the Citizens Awareness Foundation, Inc. He invited me to his home in Gulf 'stream, which is where I had been previously. I actually met Marty sometime Ln 2013 I believe, early part of the year. my meeting -- original meeting with him was with Barbara Peterson who's president of the =irst Amendment Foundation. she was having breakfast with him, thought that I might have some interest in Sclafani Willimas Court Reporters, Inc. 1-800-272-0404 DEF000023 7 1 2 3 4 5 6 7 e 9 la 11 12 13 le 19 20 21 22 25 talking to him because as she understood it, he was interested in open government issues as I am. Not -- nothing really significant happened at that original meeting in West Palm Beach. We actually met at a -- I think it was a Holiday Inn In West palm Beach near the ,airport. We met for an hour or so and that was sort of that. And then sometime after that, I was contacted by Harty's attorneys asking for my input on a number of public records issues they were having in West Palm Beach or Palm Beach County. So I traveled at their expense down to West Palm Beach. And again, this was sometime in 2013. I think it was probably around the Fall. And I reviewed a very large number of public records requests they had made. It was a very casual relationship at that point. And we sort of stayed in contact. We seemed to hit it off. He's a very, very, very pleasant man, very charming. And then in January, on January 4th of 2014, he asked me to come down to West Palm Beach -- or to Gulf Stream to meet with him, which I ultimately did. We exchanged a series of e-mails leading up to that. He invited me to stay at his home. I met him at hie home, I believe it was on -- it would'have been around January 22nd I think maybe, in that vicinity. We met at his Sclafanl Willimas Court Reporters, Inc. 1-800-272-0404 a DEF000024 1 2 3 4 5 6 7 e 9 10 11 12 13 14 is is 17 is 19 20 21 22 23 24 2s home and he asked that the two of us meet privately and that's when he first told me about his vision for creating a foundation. And the idea, as I understood it, was he wanted to provide to me meaningful economic resources so that I could be more effective in my civil rights advocacy. And I have for a number of years, probably eight or nine years, worked Pull time as a civil rights activist. And my primary focus is open government issues. I work with a number of civil rights organizations. I'm very active in a number of minority communities trying to help people better understand their civil rights with respect to access to public records and open meetings. - So what Marty proposed essentially was that he would create -- or I don't want to say that he would create, that he would provide the economic resources for the creation of a foundation that would be originally a not-for-profit and that the intention wan to immediately begin the process of filing as a 501-C3 with the IP -9 to become a non-profit. When we talked, his original proposal was that I would be hired, we didn't really have a title at the time, just that I would be hired to head up this organization and that he would pay me a salary, or the foundation would pay me a salary, which he would -- my Sclafani Willlmas Court Reporters, Inc. 1-800-272-0404 DEF000025 9 1 2 3 9 S 14 1s 16 17 1e is 20 21 22 23 21 25 understanding was he was going to provide all the economic resources. Fe would be the sole owner, at least in the beginning, and then he would pay me -- that I would be paid a salary, that I would be provided with a car, that I would be provided with a budget to -- to engage in activism and advocacy Ear open government. tie negotiated over a period of several days some of the economic arrangements and ultimately what we agreed to is that I would be paid $120,000 a year, that I would have a very unclear budget. I repeatedly asked what my travel budget would be, what my -- you know, what could I plan to spend on advocacy and the response I kept getting was -- was whatever it takes. He said that he was prepared to spend $300,000 or more, whatever it takes, to make it possible for me to do what I do. My understanding, or what I believe our agreement was, was essentially that I would be -- well for years I had been working for free making very, very, very little money, but I would now have a salary so I !wouldn't have to worry about how to feed my family or keep the lights on, that I would be provided with meaningful transportation, and that I would basically be given the resources to do what I had been doing and just be able to do more of it. And what that looks like is meeting with Sclafani WilOmas Court Reporters, Inc. I-600-272-0404 10 DEF000026 1 2 3 a s 6 7 a 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 student groups an college campuses to inform them, encourage them, to exercise their constitutionally protected civil right to access to public records and open meetings, that I would meet with minority groups, that I would become the public face of this organization and encourage people to exercise, their rights. In i addition to that, I would continue to do what I've been doing for many years, which is to audit State and local agencies for their compliance with the Public Records Act. Since I've been doing thin since 2008, I have personally been the plaintiff in probably something on .. the order of about 200 public records lawsuits, and - that's not an exact number, that's just an '., approximation. I have won 99 point something percent of those cases and about half of those I've done pro se. So because of that, I've appeared as an expert witness in a number of public records cases. And whether it's deserved or not I dont know, but I guess I'm widely regarded as something of an expert on the issue. Because of that apparent expertise, I think Marty felt that by allowing me to have the resources to go out and do more of the advocacy that I've already been doing, that an a result of that, unfortunately, sometimes litigation is necessary. Sclafani Wlllimas Court Reporters, Inc. 1.800-272-0404 11 1 I DEF000027 2 3 1 s 6 e 9 10 11 12 13 14 1s 1s 17 1B 19 20 21 22 23 2: 25 The idea, obviously, was that his son Jonathan was -- had already started, not long before this meeting in January, what I understood to be an interstate law firm, the O'Boyle Law Firm. And it was pretty obvious that -- that the idea was that if Marty gave me, through* this organization, significant economic resources to do what i was already doing anyway, that as a result of that there would probably be public records litigation that would have to be referred to some law firm. And I -- it seemed pretty obvious to me that the intent was that as a result of the economic 'support that I would receive from Marty through this foundation, that his son would -- would have public records lawsuits, which that in and of itself did not make me uncomfortable. I did think at the time it was necessary to put in place Rome safeguards to be sure that this was above board and that there were no ethical or potential legal issues. And there were a number of things that I insisted upon. .There were a number of conditions that I put on the arrangement that I had with Marty. And just to kind of give you a sense of the chronology, we met -- I think it was on January 22nd. It was a Wednesday. And by the following Monday, which I believe was January 27th, CAFT, the Citizens Awareness Foundation, Inc., was actually incorporated. So we Sdafani Willimas Court Reporters, Inc. 1-800-272-0404 12 1 DEF000028 1 2 3 4 5 6 7 s 9 10 11 12 13 14 is 16 17 is 19 20 21 22 23 24 25 arranged -- we agreed to my relationship with a yet undefined entity which was created on the 27th and I literally went to work the same day that the foundation was created. And I was frankly very excited because it had been a long time since I had had a regular paycheck. My wife was very enthusiastic about that, the prospect of having a regular income. My real enthusiasm was not for the paycheck, it was for the resources to do what I perceived to be real meaningful, valuable advocacy for the public. Some of the safeguards that I insisted upon was that, number one, the foundation would be utterly and entirely independent of any influence from Marty and any influence from the O'Boyle Law Firm. And to further that concern or to safeguard that concern, part of the arrangement was that there would be an independent board. In addition to there being an independent board, that I would have absolute sole discretion with respect to the commencement of open government litigation. I would be the only person that made a decision about whether the foundation was going to engage in litigation. I would be the sole person with authority to retain law firms that -- part of that would be that I would obviously be serving the pleasure of the board, Sdafani Willimas Court Reporters, Inc - 1 -800-272-0404 13 DEF000029 s 6 7 8 9 10 11 12 13 14 is 16 17 is 19 20 21 22 23 24 25 but the board was to give me discretion about making arrangements to engage with law firms and that I would be the only person acting on behalf of the foundation to make decisions about the settlement or litigation strategies. The other condition that I placed on the -- our arrangement was that I would be -- have sole discretion about where I went and that there would be no, as I put it, enemies list, that there would be no particular agency or entity or person that the foundation would litigate against and that there would be no agency that would be off limits. So I didn't want there to be any kind of an arrangement where I was expected or directed to go after one particular entity or that I would be told that there was somebody I couldn't go after.. And when I say -go after', what I mean by that is to -- these audits that I engage in, and which I still do, is I literally will show up at a publically operated agency or a contractor that acts on behalf of a State or local agency and Ii11 make a public records request for non-exempt public records and see what happens. And if they comply with the Public Records Act, I'll congratulate them and thank them for doing the right thing. And if they violate the Public Records Act and the facts of the cases-- of the case are very clear and Sdafani Willimas Court Reporters, Inc. 1-800-272-0404 14 DEF000030 1 2 3 4 5 6 7 s 9 10 11 12 13 14 is 16 17 is 19 20 21 22 23 24 2s unequivocal, then I will oftentimes litigate to enforce the public's right to know. Unfortunately in Florida, the only meaningful onforcement of the public's right to know is civil litigation. That's an observation that both the courts and the governor have made. So on the first day, on January 27th, I went out and started doing my thing. I started in -- in South Florida in Miami -Dade County and I think I went to 12 agencies the first day and of the 12 agencies I went to, there were 10 that were just -- just egregiously violated the Public Records Act. I mean black and white, unequivocal violations of the Public Records Act. And I ended up referring those first ten cases to the on behalf of the foundation to the O'Boyle Law Firm. They -- Q. can you tell me who at the O'Boyle Law Firm? A. Yeah, I dealt with Jonathan O'Boyle and I dealt with Ryan Whitmer. I also dealt with -- there were two other attorneys that were working there at the time, Marrett Hanna and Giovanni Mesa. Q. okay. And -- and did you -- did the foundation and the law firm enter into any type of written agreement, retainer agreement of any sort? A. No, none that I'm aware of. In fact, that was an issue that I repeatedly raised. T- cautioned them Sdafani 4VIIIImas Court Reporters, Inc. 1-800-272-0404 15 DEF000031 1 2 3 4 5 6 7 e 9 to 11 12 13 14 is Is 17 la 19 20 21 22 23 24 25 about the potential ramifications of not having a fee agreement or at least an engagement letter for each individual case. My concern was that under 119.12 that entitlement to attorneys fees might be in peril if they didn't have a written fee agreement. But they didn't seem to take that very seriously. To my knowledge, there's never been one. Q. So that -- your advice was to have a written fee agreement? A. Yeah. And just so we're clear, I never give 'legal advice to the public. I am very frequently engaged by, not always for pay, but very £reauently engaged or contacted by attorneys asking for my input on public records issues. And that was a very frequent occurrence with the O'Boyle Law Firm. In fact, the very -- one of the very first things I did -- within the first week I actually did a, for lack of a better term, a public records seminar. There were a couple of civil rights activists, that I've known for a while who came down. They were in from North Florida. They came down and sat in as well as Giovanni Mesa, one of the -- who was a new attorney at the time and didn't really have much experience with open government litigation -- Q. So as far as you know, the foundation has not been a party to any fee agreements with the O'Boyle Law SclaWl WIIlimas Court Reporters, Inc. 1-800-272.0404 is I DEF000032 1 2 3 4 s 6 s 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 Firm at any time? A. Not that I'm aware of. Q. Okay. All right, please continue. I'm sorry. I just A. No, that's quite all right. 6o the -- you know, I -- my time was spent, the first week, going out and actually doing audits of public agencies. I 'contacted the -- in fact I did a press release. I was I contacted by a number of media outlets. I'm frequently contacted by reporters who very often are frustrated in their attempts to get access to public records. I -- somewhere in this general timeframe of late January, early February, I actually spoke with one of my attorneys, Greg Thomas, in fact I met with him in Tampa, he and couple of his associates, to kind of lay out exactly what the arrangement was because what I was concerned about was not only whether what we were doing was legal, I believed that it was, I was also concerned whether it was ethical and I believed what we were doing wac ethical because of the safeguards I put in place, but I was also very concerned about the public perception. what I did not want to do is to be involved with something that appeared to be a mechanism for doing nothing more than generating lawsuits. Unfortunately, my experience has been that when Sclafani Willimas Court Reporters, Inc. 1-500-272-0404 17 DEF000033 1 2 3 4 5 6 7 s 9 l0 11 12 13 14 15 16 17 16 19 20 21 22 23 24 2s you do meaningful public records, open government advocacy, a lot of public agencies either just don't understand what their obligations are and because of that they violate the Public Records Act or the Sunshine Laws, or I think it's fair to say many of them deliberately do it. So as a result, it's really common to get litigation. It's just a -- it's sort of part and parcel to what I do. If I were to audit ten publically operated agencies, municipalities, police departments, Sheriff's, on average about 60 percent of those would comply with the Public Records Act. The other 40 percent wouldn't. They just wouldn't produce the records. If I were to audit ten State contractors whose 'contracts explicitly make them subject to the Public Records Act, nine out of ten would just violate the law. So I think -- my perception was that Marty, not unfairly, perceived that by giving me the economic resource to do what I was doing, as a result of that there would be litigation that came out of it and litigation has cot to go someplace- one of the issues that I've had over the years with private attorneys is their capacity to handle the amount of litigation that comes from what I do. You know, the cost of filing fees and attorneys being willing to take cases on a contingency basis has always been a very significant Sdafani W011mas Court Reporters, Inc. 1-800-272-0404 18 1 DEF000034 W4 2 3 4 s 6 7 a 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 limiting factor to the amount of litigation that I've been involved with. In spite of being involved with literally hundreds of public records lawsuits, I've only filed a tiny fraction of those that could have beenfiledjust because I simply didn't have the resources to -- to litigate the other ones. When I asked Marty about that, you know, what are we -- what's your -- I think the way I put it to him was what's your tolerance for pain, what -- how much money are we talking about, I mean how many Q. For what, for filing fees? A. For filing fees. Q. okay. A. Yeah, how many -- how -- you know, and his response was how many do you think you would get? And my immediate response, just sort of a knee-jerk without really thinking about it, would be 100 and he sort of was like yeah, that doesn't seem -- like so what, that doesn't seem like very many. And he was a little -- I don't remember his exact words, but it was something to the effect that -- that, you know, 100 in a year is not very many and I said, no, no, no 100 a month. I mean if I went out and did what I do full time, it would not surprise me if what resulted were 100 cases a month. Sdafanl Willimas Court Reporters, Inc. 1-800-272-0404 19 DEF000035 7 e 9 10 11 12 11 16 15 16 17 16 19 20 21 22 23 2s 25 And his response, I was really sort of shocked, pleasantly surprised, his response was yeah, sure, that's not a problem. so then.1 was like, again, just trying to get a -- trying to get a sense of the depth of the water, what if there were -- that would be 1,200 in a year. What it there were -- what if there were 2,000 in a year? Sure, no problem. What if there were 3,000 in a year? Sure, no problem, whatever it takes. And I was -- it was both frustrating and very windsome, frankly, every time I asked the question well -- you know, what's -- how much can I spend on travel? Whatever it takes. Well, how much can I spend on advocacy? Whatever it takes. All right, well, what if I want to sponso= -- the First Amendment Foundation does, every year, they do Sunshine seminars all around the state of Florida and they're free to the public and public officials go to them. Can I sponsor those? Sure. Well, can I buy hundreds of Sunshine manuals which cost $18.95 a piece and I just want to give them away, not ask for a penny, I just want to give them to anybody that wants one? Sure, buy all you want. I mean it was this sort of blank check, do whatever you think you need to do, you do what you do and -- and I think the understanding was that as a result of that cases would -- would flow to the O'Boyle Law Firm. Sdafanl Willimas Court Reporters, Inc. 1-800-272-0404 20 DEF000036 1 2 1 4 5 6 7 e 9 1a 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 But one of the safeguards that I insisted on was that I would be able to refer cases to other law firms because I did not want this to be, you know, the kind of arrangement where all I was doing was generating lawsuits for anybody, but particularly for one law firm. My understanding of our arrangement, what I insisted upon, was I would go do what I do, you'll provide the economic resources for me to do that more effectively, and if litigation flows from that, that's fine, if litigation doesn't flow from that, that's fine. This is not about going out and getting lawsuits. This is about doing meaningful advocacy, knowing that historically unfortunately litigation very often comes from that. I made it very clear that I would not have any kind of a quota for lawsuits. I would -- my income, and thin was a very critical part of it, my income was completely unaffected by litigation. I didn't get any more or any less whether we got lawsuits or didn't get lawsuits. I got no more resources or no fewer resources whether we got lawsuits or didn't get lawsuits. And, you know, this was a very agreeable, amicable -- Marty and I, as I said, met at his home literally sitting next to his pool. And then after that we went and met Jonathan, his son, for dinner and we kind of talked more about the details of this and away Sclafanl W Himas Court Reporters, Inc. 1-800.272-0404 04a DEF000037 1 2 3 9 5 6 7 e 9 10 11 12 13 id is 16 17 is 19 20 21 22 21 24 25 we went. O. Okay. So Jonathan was involved in. the early meetings with regard to forming this foundation? A. Yeah, my sense of things was that -- I -- leading up to my trip from Lakeland down to Gulf Stream to meet with Marty, I also bad a number of phone calls and e-mail exchanges with Jonathan O'Boyle and Ryan whitmer who -- Ryan was the -- an I understood it was his law partner and I had met Ryan before, a very charming guy, a very nice guy. And they were very excited. I've dealt with a lot of lawyers over the years. I change lawyers like most people change socks. And, you know, my perception was you're a couple young guys. They're setting up a law practice. They seemed very excited about open government litigation. And my understanding is they had done a little bit, not very much. They -- the big change for me was that I was dealing with people that had real meaningful economic resources because I kept asking the question, not only to Marty, but to the attorneys, what is your capacity? Because when somebody says to me, and I've had attorneys ask me this before, well, you know, like I would love to do litigation, how many cases are we talking about? You know, i would -- will ask attorneys what's your -- what's your tolerance for pain, how many can you handle? Sclafenl Willimas Court Reporters, Inc. 1-800-272-0404 22 DEF000038 11 12 13 la is 16 17 16 19 20 21 22 23 2s 25 And they almost always are shocked by the -- just the sheer volume Of cases that are out there. There's just almost a limitless number of cases when it comes to oven government because there's just so many violations of the law Q. Okay. Mow the -- I'd like to just interrupt there. A. Yeah. Q. Because you didn't start working for the -- the foundation wasn't even formed until the 27th of January? A. Right. Q. So you met with Jonathan O'Boyle prior to the foundation being formed? A. No, we -- we talked on the -- yes and no. We -- he and i spoke on the phone. Ryan and I spoke on the phone. We had a conference call. We exchanged e-mails. lie met with -- when Marty and I had dinner with Jonathan. 2 believe it was on the 22nd. And the foundation wasn't actually officially incorporated until the 27th. And there were a series of -- there were a nu.'nber of reasons for that. One was Marty had originally proposed that we use, and I don't even remember the name of it now, there was some not-for-profit that had already been created. N.y objection to using that was that Mart -- that Jonathan ScfafaN W1111mas Court Reporters, Inc. 1-800-272-0404 23 IDEF000039 1 2 3 4 5 6 7 9 9 10 u 12 13 14 1s 16 17 is 19 20 21 22 23 24 25 was actually on the board and 2 thought it was entirely inappropriate for an attorney who might represent the foundation to be on the board of the foundation. I thought that clearly showed a potential conflict of interest -- - Q. What was the name of that not-for-profit? A. I have no idea. Q. And had it just been recently formed? A. No, my -- my sense was that it had been created -- it had actually been -- existed for some time, but they had never really done much with it. Q. And did you discuss with Jonathan that would be a conflict -- A. I did. Q. And with Martin? A. Yes. Q. Qkay. A. Yeah. Q. All right. And at the time that you -- you were having the dinner and talking to Jonathan or communicating with him prior to actually going to work for the foundation A. Uh-huh. Q. -- did he disclose to you that he was not a member of the Florida Har? Sclafad Willimas Court Reporters, Inc. 1-800-272.0404 24 1 DEF000040 13 18 is 16 17 le 19 20 21 22 23 24 2s A. I don't recall. I -- you know, I had met with Jonathan and Ryan a couple of times back in 2013. You know, we had dinner, sort of a social talk shop kind of thing. And I remember that both of them -- I think Jonathan is licensed in Pennsylvania and New Jersey and I think Ryan passed the Bar in New York maybe. Both of them had just sat for the Bar in Florida. I think Ryan had gotten his law license in Florida maybe in November and Jonathan was still waiting to -- he had passed the Bar, but he hadn't yet gotten licensed. I don't know exactly when I learned that. I don't -- I don't remember whether that issue came up or not. Q. Before the foundation was formed, did Ryan or Jonathan tell you that they had formed the O'Boyle Law Firm? A. Yes. Q. And did they tell you they had opened it -- whether or not they had opened it in Florida? A. Yes. Q. Okay. And did you discuss with them who was (working at the O'Boyle Law Firm prior to your forming the foundation? Did Jonathan ever tell you that he was working there? A. I don't remember him ever using those words. It was very clear to me that I was talking to the two Sclafanl Willimas Court Reporters, Inc. 1-800-272-0404 2s DEF000041 1 2 3 4 5 6 7 8 9 1a 11 1a 17 14 15 16 17 18 19 20 21 27 23 24 25 principals of the law firm. I mean that seemed very, very apparent. It was never presented to me as Ryan is the only attorney that I'm dealing with. I mean this again goes back to the issue of, you know, what's your capacity, how many lawsuits are vie talking about -- Q. All right. We'll get into that. This is very early A. Yeah. Q. I'm just trying to nail down -- A. Yeah. 0. -- the facts concerning your -- your dialogue prior to your becoming employed by this foundation. A. Yeah, part of the -- part of the issue was -- and, you know, I am sort of perpetually on the hunt for attorneys who can either assist me as a plaintiff, but more importantly who are available to assist citizens when they have issues with public records access. I get contacted by citizens all the time, almost every day, and I don't -- I'm not a lawyer referral service. I don't ask for anything in return.' I don't get any kind of a kickback. I don't get any kind of referral fee. It's just, you know, they are people who need help and most of them don't have the resources to hire an attorney and wouldn't know where to start. So before I even met with Marty, so between the Sdafani Willimas Court Reporters, Inc. 1-800-272-0404 26 1 DEF000042 1 2 3 4 s 6 7 s 9 1a 11 12 13 14 is 16 17 is 19 20 21 22 23 29 25 4th of January when I first got this invitation to'come down to see him and the 22nd when I went, i had seLeral telephone conversations with Jonathan and Ryan. Part of those were -- the initial conversations had nothing to do with the foundation. It was hey, we're staring a law firm, you know, if you need -- if you want us to take cases, we're available to do that. Ile kind of talked about, you know, working together in that capacity, either them representing me or me potentially referring clients to them, again, for no compensation on my part. And we even discussed the possibility of them hiring me on a -- an ad -hawk basis to consult on public records cases, which I've done for a number of law firms. And during that telephone conversation, I actually said to them that, you know, if -- a better way of doing this, for a whole host of reasons in my opinion, is to have a non-profit that's actually doing a lot of this litigation as opposed to having individuals doing it. And their response was, you know, sort of to laugh, well, you're really going to enjoy the conversation you're getting ready to have with Marty. I mean they -- they clearly knew that the was -- this was part of what Marty had intended. And in fact I was so confident of that, the week leading up to my visit with him, I sat down and -- in front of my computer and I -- Sdafanl W1111mas Court Reporters, Inc. 1-800-272-0404 27 1 DEF000043 0 1 2 3 4 s 6 7 a 10 11 12 13 14 is is 17 1s 19 20 21 22 23 rsz 2s I came up with a budget. I really believed this is what they were going to propose, that -- that, you ]mow, they would create some sort of foundation and I'm going to have resources. And ironically, the budget I came up with was virtually identical to what Marty proposed. Now, I was only going to -- thinking maybe I'd get paid $60,000 a year and I think I was guessing about $250,000 a year in total budget. It ended up being closer to 300,000 and paying me 120. But, yeah, it was clear that there was -- and again, I don't -- even now I have no objection to that -- the concept of a man whole wealthy funding a not-for-profit that does real meaningful civil rights advocacy and operating completely independent of his influence and completely independent of any outside influence, period. Q. And I understand that was the rules you laid down -- A. Right. Q. -- from the very beginning? A. Right. Q. Now, what -- what I want to be clear on is even before -- before this concept of -- of Marty funding and forming, causing to be formed, a not-for-profit, you had discussions with Jcnathan O'Boyle regarding having his firm represent you and your entities -- or you or your Sclafani W1111mas Court Reporters, Inc 1-800-272-0404 28 DEF000044 7 e 9 10 u 12 13 14 is 16 17 16 19 20 21 22 23 24 2s associates or people that you were assisting -- A. Yes. Q. -- in public records litigation and the state? A. Yes. Q. And who was it that said, during these conversations prior to talking to Marty, who was it that brought up the idea of a -- forming a not-for-profit, was that Jonathan, Ryan, you? A. I -- I brought it up and -- and simply because, you know, I really do believe that if you're going to do a lot of advocacy for all the reasons that -- that, you know, the protections you get from having a corporation ;and for -- and also frankly from a credibility perspective, to actually have a legitimate entity that's going to defend the public's right to know. Ithought that would just be a better way of doing it. And when I -- as scan as I mentioned it, they, you know, not in a bad way, but they, you know, laughed like, you know, obviously you and Marty are -- are, you know, already thinking the same way. You're really going to like this conversation you have with Marty. Q. So that was Jonathan that said that A. It was Jonathan and Ryan, yeah. Q_ Okay. So Jonathan due that your -- his father was going to propose that to you, it seemed from your Sclafanl Wfilimas Court Reporters, Inc. 1-800-272-0404 29 1 DEF000045 1 2 3 4 s G 7 e 9 Ln 11 12 13 14 is 16 17 19 19 20 21 22 23 24 2s conversation? A. That -- that was very much my understanding, yes. Q. okay. A. Mow -- and I was -- when I was setting up this meeting to go down -- when I went down there, I actually had expected that I was going to meet with Marty and Jonathan and -- and probably Ryan. And when I mentioned that to Marty in an e-mail, his response was I want to 'meet with you privately first, which was fine, and that's why he and I met at his home and then from there we went -- he and I went and met Jonathan at a -- at a restaurant. Q. Okay. And before you continue, I'd like to follow up on just one other area -- A. Sure. Q_ -- if you don't mind, and I'm sorry if I'm -- A. No, please do. Q. -- taking you off track. With regard to the Proposal that some other not-for-profit or foundation be used, you mentioned that Jonathan proposed one, but he was on the board of it and you rejected that idea. A. I did. Q. Okay. Did you discuss that with just Jonathan or did you discuss that with Marty or Ryan -- Sclafani Willimas Court Reporters, Inc. 1-800-272-0404 30 DEF000046 2 3 4 S 6 7 e 9 10 11 12 13 14 is 16 17 is 19 20 21 22 23 24 25 A. No, we were -- we were actually in a -- in a conference room at Marty's business, Commerce Group, which is where all of these -- you know, the foundation, the citizens Awareness Foundation, never had its own offices. We -- you know, the -- Marty, I thought very generously, allowed me to sort of camp out at empty desks in the building and convenient -- it was very convenient actually because the office in Deerfield Beach also housed the law firm -- Q. So the Commerce Group office is at what address? A. I believe it's -- I think it's 1280 West Newport Center Drive, Deerfield Beach, 34422 i think. Q. And what suite number is the commerce Group in or does it have a suite number? A. I don't think there's a suite number. Q. Okay. And so the -- you worked out of the Commerce Group offices? A. Well, I worked from my home in [.akeland, but when I -- Q. Okay -- A. Yeah, but when I went down to Deerfield Beach, that's where I went -- Q. Okay -- A. -- was to the Commerce Group offices. Sclafanl Wlllimas Court Reporters, Inc. 1.800-272-0404 31 DEF000047 1 2 3 4 s 6 7 s 9 le it 12 13 10 is 16 17 is 19 29 21 22 23 24 25 Q. And was the law firm, the O'Boyle Law Firm, in the same offices as -- A. Yes. Q. -- the commerce croup? A. Yes. Q. They weren't in a separate suite? A. No, they were literally in a -- in a back room. It was sort of funny because they -- they -- right aurora the hallway I think -- I think the address aeroao the hall is 1266, I think, and the -- this is a facility. I don't know whether Marty owns it or leases it, but he has control of it. And they were, at the very beginning stages of -- of remodeling the space across the hall from the Commerce Group, and while that was going on, the O'Boyle Law Firm had set up shop in a Deck room and it was just a very -- it was a large room ,that literally -- we joked about it. The wires were ,hanging down from the ceiling. There were no cubicles. ISI it was just -- there were desks and it was really, really inconvenient and very annoying actually because if I'd sit in to have -- sit down and'have a telephone -- have a face-to-face conversation with an attorney, you know, one desk over, six feet away, . there's another attorney, you know -- it's just -- it we-- very chantic. Sclafani Willimas Court Reporters, Inc. 1-800-272-0404 32 DEF000048 1 2 3 4 5 6 7 e 9 1s 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 Q. And the Commerce Group employees could walk in and out of the law firm -- A. They did walk in and out, in fact, they shared employees. o_ Okay -- A. The Q. And let me follow up on that. A. Yeah. Q. Was there ever a separate sign and a separate door for the law offices when -- A. No. Q. No. So they were just -- the law office was part of the Commerce Group operation? A. It was housed in the Commerce Group operation. Q. Now, let's get to employees and that because I 'understand your insistence that the -- the total independence A. Yes. Q. -- which I fully appreciate. A_ Uh-huh. Q. But what I didn't -- I didn't -- I don't know the names of any of these people that are involved, so -- A_ Yeah. Q. -- I understand that Jonathan was on the beard Sdafani Willimas Court Reporters, Inc. 1-800-272-0404 33 DEF000049 1 2 3 4 s 6 7 a 9 to 11 12 13 14 Is is 17 is 19 20 21 22 23 24 25 of the originally proposed foundation, which you rejected. were there any other people on that board that you thought -- A. I don't know - 0. -- constituted a conflict? A. I don't know. Q. Okay. And as far as when the foundation was formed -- A. The Citizens Awareness Foundation. Q. Yes. Can you tell me what the names of the A. Yes. Q. -- board members were and who they were? A. Yes- William Ring, Bill Ring Q. Who -- who is Mr. Ring? A. He is the -- Q. I've seen it once. A. Yeah, he is the -- he's an attorney. I understand he's not really practiced law in the traditional sense much. He, I have been told, has been working with Marty for about 30 years. Q. Okay. In his business? A. In his business, the Commerce Group. Q. So Mr. Ring was not a member of the O'Boyle Law Firm as far as you were advised? A. Not at the time he was not. Sda%ni Willlmas Court Reporters, Inc 1-800-272-0404 34 DEF000050 1 z 3 4 11 12 13 14 is 16 17 is 19 20 21 22 23 24 2s Q. okay. All right -- A. And in fact, Bill had actually represented me in one public records lawsuit against the Town of Gulf Stream. Q. William Ring is Bill? A. Yeah, Bill Ring. My understanding, I don't know if this is accurate or not, but I was told that he had never even filed a lawsuit before, so when -- when I retained him to represent me in a lawsuit -- Q. Beep in mind you don't have to disclose A. No, I'm happy to. Q. -- unless you choose to -- A. No, I'm happy to. Q. Okay. A. I mean literally it was, you know, can you help us draft a lawsuit. And I've done a lot of drafting -- Q. Be asked you to draft the -- help him draft A. It was either he or -- or Ryan Wfiitmer who at the time -- Ryan I think had already sat for the Bar, hadn't been licensed yet, se was essentially functioning as his paralegal. Q. As tar. Ring's paralegal? A. As Mr. Ring's paralegal, yeah. Q. And -- and who asked you to draft the lawsuit? A. I think Ryan did. Sclafani Willimas Court Reporters, Inc. 1-000-272-0404 35 DEF000061 10 11 lz 13 14 is 16 17 1E 19 20 21 22 23 24 25 Q. For -- for mr. Ring? A- For -- yeah, on behalf -- yeah, I don't think there was anything appropriate -- inappropriate about it. He was communicating to me from Hill Ring, you know, can you help us. I had -- have done a lot of pro se litigation. I -- you know, there's a -- in fact I've very frequently -- this is an issue that comes up in -- with opposing counsel very often, that they see the same template over and over again and my -- you know, my response is well of course you do, I dont get -- my -- I don't -- my time is not componsable so why would I draft a lawsuit from scratch for every lawsuit. And, you know, by the way it works. I've won 99 point something percent of the time_ It's a -- 0. Right -- A. It's a good template. They actually -- I think with the lawsuit against Gulf stream where they represented me as the Plaintiff, I think it was my template they used. 0. Okay. Did that case get settled or -- A. I want to say that it did, and it wasn't for much. It was like -- the number that sticks in my head was like $1,200 or something. It's just whatever the legal £een were. I -- I got nothing out of it. It was just -- Sdafani Willimas Court Reporters, Inc. 1-800-272-0904 36 DEF000052 1 2 3 a s 6 6 9 10 11 z2 13 18 15 16 17 16 19 20 21 22 23 24 25 Q. Did you have a written fee agreement with Dir. Ping? A. I don't recall whether we did or not. 0. Do you know if he ever had time records or time billings? Did you ever get a bill -- A. Couldn't tell you. Q. Did you ever get a bill? A. I don't recall seeing a closing statement. Q. And so did you ever see any representation as to how much time he had spent? A. I don't recall seeing anything like that. Q. no you know if he did any work besides use your template to file a lawsuit? A. Couldn't tell you. Q. So that -- that case was pending and has been settled? A. Yeah, I understand it's been settled. Q_ And the counsel of record was not the O'Boyle Law Firm. It was William Ring? A. Yeah, this was -- this was long before -- I say long before. This was sometime in 2013. Q. 113. Any other cases that were filed by Mr. Ring or anyone involving your -- the O'Boyle's in any way prior to the foundation being formed? A. No, and -- and in all fairness, that -- Bill's Sclafani WIIlimas Court Reporters, Inc. 1.800-272.0404 37 DEF000053 1 3 4 s 6 7 fl 9 10 11 12 13 14 1s 16 17 1s 19 20 21 22 22 24 25 representation of me did not involve the O'Boyle -a. I mean he -- he was not representing me as -- as I understand, in fact there's an e-mail which -- which says this, that Bill actually formed, you know, a firm in order to represent me in this case. Q. Okay. What was the name of the firm? A. I don't remember. Q. Okay. So as far as you're concerned, throughout this time Mr. Ring ham his own firm he'e working for, but he's also Mr. O'Boyle's business lassociate? A. Yes - Q. Okay. So the -- Mr. Ring is on the board from the -- A. He's the -- he was president of the board from the very beginning. Q. And -- and I guess he was -- I don't want to guess. Is it accurate to -- strike that_ who appointed Mr. Ring to the board, was that -- A. I have no idea. I mean I -- Q. Did Martin O'Boyle decide who was going to be on the board? A. That was very much my understanding, yes. I -- I had no input. I didn't -- I had nothing to do with Sclafent Willlmas Court Reporters, Inc 1-800-272-0404 38 1 DEF000054 E B 9 10 11 12 13 14 is 16 17 is 19 20 21 22 23 24 2s that. I was -- Q, 11ho was told -- A. I didn't have anything to do with the name. It was -- I was not at all affectionate towards the name. I was not enthusiastic about it, but it -- it is what it is and -- Q. Okay. So Mr. Martin O'Boyle told you who was on the board; is that correct? A. Yes. Q. Okay. A. So Bill was On the board and then Q. Go on. A. -- and then a woman by the name of Denise DeMartini. Q. And who is she? A. She is also, I understand it, a long-time employee of -- Of the E17mmerce Group. She's been with Marty for -- I think she's been there longer than Bill. Q. Okay. So -- A. And I had never met her. She works from her home as I understand it in Merritt Island, so I -- you know, I would hear her name. I never met her. Q. Okay. A. And when I talked to her the Pi=nt time -- because all this was happening very quickly. You know, Sclafani Willimas Court Reporters, Inc. 1-800-272-0404 39 DEF000055 e 9 10 li 12 13 14 is 1s 17 is 19 20 21 22 23 28 25 we -- we met on the 22nd. i literally stayed at Marty's house for like ten days straight. we were, you know -- I was looking at trying to hire employees and, you know -- I mean this was a very fast paced sort of series of events. And at one point I -- I -- you know, I needed to get a website net up.for the foundation and get business cards and, you know, get a logo and that sort of thing and I mentioned something to the -- about this to Marty and he suggested that I contact Denise because that -- you know, she's really good at that kind Of stuff, so I actually called and talked to Denise and -- by the way, let me correct -- I don't -- I wasn,t in Marty's house for ten days, 1 was -- I was in South Plorida for ten days. I was at his home for several days and then I -- when I went down to Miami/Dade, I started staying in hotels, When I called Denise to ask for her help on a logo, she -- and I mentioned to her about being a board member. She seemed chocked that she was a board member. She made it very clear she didn't even know she was a board member. Q- and what did you tell her? A. well, like congratulations, you know, you're -- apparectly you're on the board. And then the other board member, the third and final board member, was a Sclafani Wllimas Court Reporters, Inc 1-000-272-0404 40 DEF000056 2 3 4 s 6 7 a 9 10 11 12 13 14 is 16 17 1s 29 20 21 22 23 24 2s woman named Brenda Russell. And Brenda has been Marty's personal secretary for many, many years. I think she's probably been there longer than Bill or Denise. That's my impression. A very sweet lady. At least from my perception, her involvement with the foundation was minimal. She was really -- she was the person that I gave my, in the beginning, gave me receipts to, you know, for reimbursement and credit card stuff. That was -- I never dealt with Brenda in any capacity. When -- when I did meet with the board, she was never present. Her, you know, involvement seemed, you know, minimal. It was striking to me in the beginning -- Bill was the person who seemed to have the most knowledge and experience about government issues, which I would describe as being pretty minimal. Denise seemed completely and utterly unknowledgeable about any government issues at all. And Brenda was the same way. We -- Q. And all three of them were employees of the Commerce Group? A. Yes. Q. okay. A. Yes. Q. And that's one of the reasons you insisted on Sclabnl Willimas Court Reporters, Inc. 1.800-272-0404 41 DEF000057 1 2 3 4 s 6 is 17 19 1s 20 21 22 23 24 2s having absolute independence? A. That's exactly right. Look, I -- I understand that, you know, here you have this very wealthy man, Marty O'Boyle, who is financing this not-for-profit, (hopefully going to become a nonprofit, and is -- is, you know, prepared to dump hundreds of thousands of dollars is year, in perpetuity by the way. It wasn't just a -- (this is $300,000 to begin with. It was whatever it takes for as long as it takes. And I also understood from -- both from Marty, from Ryan, and from Jonathan that Marty was financing the law firm. .I had -- I don't know the details, but as I understand it, he was.loaning them the money and was. Q. who told you that? A. Marty, Jonathan, and Ryan did an all -- all 'three of them on separate occasions. Q. so did -- they told you that -- that Marty was funding the law firm? A. Yes. O. And loaning the money for the law firm? A. Yes. I don't know how much money. I mean the -- the number that I heard from Marty was a million dollars. I don't know whether that's true or not or jaccurate or not. Maybe that was just -- Q. Do you (mow if he ever paid salaries of the law Sclafani Willimas Court Reporters, Inc. 1-800-272-0404 42 DEF000058 1 1 3 4 5 fi 7 a 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 employees from the Commerce Group? A. I couldn't tell you. I can tell you that that the person who was handling the money is a woman by the name of Carla Clutchen (phonetic), who is a Commerce Group employee. Ste also is the person that I dealt with for financial issues on behalf of the foundation. She's the percon that got my paychecks. She's the person that I sent up -- gave -- initially gave some of my receipts to, Brenda and then very shortly I was directed to start giving all of that to -- to Carla, Q. And Carla works for the Commerce Group? A. Yes. Q. And did the foundation ever open a bank account? A. I believe that it did. I mean I was not a -- Q. Were your salary -- was your salary paid from a Commerce -- from a Commerce Croup account or from a foundation account, do you know? A. I couldn't tell you. I think that the -- because there were discussions about -- in the very beginning, and understand that -- that, you know, I have gone from being, you know -- I mean when I went down there to meet with Marty, I had one car. I didn't want to leave my wife and children stranded, so I rented a car, the cheapest car I could find. You know, I'm Sclafani Wlllfmas Court Reporters, Inc. 1.800-272-0404 43 DEF000059 1 2 3 4 5 6 v e 9 30 11 12 13 14 is 16 V 1s 19 20 21 22 23 24 25 scraping together enough money just to buy gas to get down there, so I'm doing everything on a shoe -string. And so I -- it was an awkward conversation, but I told Marty when we first got started, look, I don't -- I'm not in a position to encourage expenses and get reimbursed, I need money up front do you -- do you even do this? And he was very gracious about it. He called Carla. We were in his conference room. He called Carla and said I -- you know, cut Joel a check for $1,000 and, you know, and as soon as he needs more money, give him more money. Q. Was this before the foundation was formed? A. This is I think when the foundation got formed, but at that point he did not have any bank account, so I'm trying -- Q. So he paid from the Commerce Group for the -- A. I think he marked it as a loan because I -- I ended up giving that money back once I got reimbursed, but he -- he was very insistent that hey, we needed to get a bank account Bet un for the Commerce Group. I think it was set up at BB&T. We need -- we need a card, you know, so that Joel can use a credit card. Q. Did you get a credit card from him personally or from. the Commerce Group or both? A. I got one from Brenda and -- that was on, as I Sclafani Willimas Court Reporters, Inc. 1-800-272-0404 ME DEF000060 1 2 3 4 5 6 7 e 9 1s u 12 13 14 1s 16 17 10 19 20 21 22 23 24 2s understood it, from her. In fact there are a whole bunch of e-mails that will support this, that the first credit card I had was an Marty's account and I know that because it was really annoying. I would -- because I was on the road a lot, like, you know, maybe weeks at a time, and she -- apparently there were a lot of people, both at the Commerce Group, that had credit cards on Marty's personal account because she told me that every single night I had to scan my receipts and send them to her, which was really annoying because I would get in -- you know, been on the road all day and get in a hotel .room at 11:00 at night and the last thing I want to do is sit there and scan receipts, which I would have to do every single night, all my receipts for that day, and then she very frequently would send me credit card statements that had all these charges, .not just mine, but other people's, and I had to go through and identify which ones were mine. Q. And those were on Marty's cards? A. Those were on Marty's card, right -- Q. When you were in Miami doing work or wherever? A. Yeah, wherever, yeah. 6o -- but at some point, within a few weeks, there was actually a credit card that said Citizens Awareness Foundation an it. It had my name on it and, you know, I was no longer -- I gave 5dafanl Willimas Court Reporters, Inc 1 -BOD -272-0404 45 1 DEF000061 1 2 3 4 5 6 e 9 10 11 12 11 14 is 16 17 19 19 20 21 22 23 24 ss Sdafani Willimas Court Reporters, Inc. 1-800-272-0404 46 DEF000062 1 2 3 a s 6 7 e 9 to 11 12 13 la 15 L6 17 1s 19 20 2L n 23 24 25 strongly -- I have a number of friends who are involved with non -- nonprofit organizations and I've never -- personally never been a big person -- big on titles, but I was told by some people who are involved with nonprofit's that, you know, you really need to be called Executive Director because apparently that matters in the world of nonprofit's I guess. That's code so we can tell each other that we're the big wheel of whatever entity we're involved with. So I told him I wanted to be called the Executive Director and he agreed to that and, you know -- yeah, so Iwas the Executive Director. Q. 'Okay. Did you ever have any employment agreement, written employment agreement? A. You know, I -- I told Marty that I wanted a contract, and this was the -- the only -- I think the only condition that ho did not agree to. I wanted -- I wanted a five-year contract, and the reason I want ed a five-year contract was I thought that that would further enhance my independence that -- and he said, no, he didn't want to do that and then I said well, how about a year, and he didn't want to do that, let's just kind of see how it goes. And, you know, he had been so generous and agreeable on -- he originally offered me -- I think he originally offered me $75,000 and I told him that I wanted 120. I mean why not. I mean -- and I was Sclafani Willimas Court Reporters, Inc. 1-500-272-0404 47 DEF000063 9 10 11 12 11 19 15 1s 17 16 19 20 21 22 21 24 25 surprised how fast he said yes. In fact afterwards I thought man, I should have held out for more. He had been eo agreeable and -- and, you know. Marty has the -- up until very recently. has always been exceedingly kind, gracious, generous, very deferential to me, just a -- you know, my experience with him personally has been nothing but delightful. Q. So you trusted that he would honor your oral agreements with regard to how the foundation would he run without a written contract? A. Yeah, and -- and a big part of that was -- was this sense of deference that he had always given to me, that, you know, he frequently referred to me, and I dont know why he did this, but he would refer to me as Dr. Chandler, you know, that I was the -- I was the guru on public records, which I dont hold myself out as that, but he very much perceived that I was sort of the expert an -- on public records issues and, you know, if I thought that we needed to do things a certain way, that he would defer to that. And I -- I put a lot of stock in that deference because I felt that he would continue to defer to my judgment on issues. In fact, he told me that the reason that he was hiring me was primarily because of my judgment. So that, having been communicated, made me feel a pretty high self of -- a Sclafanl MUMS Court Reporters, Inc 1-800-272-0404 49 I DEF000064 1 3 a 5 6 7 a 9 10 11 12 13 14 is 16 17 19 19 20 21 22 23 24 25 pretty high level of confidence that, you know, they're going to do things the way I think they ought to be done. Q. And by the same token, you didn't -- you didn't sign a non -compete or -- A. Well, I'm sorry, yeah -- Q. -- another agreement or anything like that? A. I apologize. I didn't answer your original question about the agreement. we -- I ended up drafting memorandum of understanding. That's the closest thing we got cc a contract. And he and I batted it around. He asked me to make a number of revisions to it. I never dealt with the board on that issue. It was all with Marty. And I signed it, but I never received a signed copy back from a board member, so I don't -- I don't know whether they signed it or not. Q_ Okay. And -- A. But there was no confidentiality agreement. There was no -- you know, he told me -- because what I wanted to do originally was I asked for $60,000 a year and the freedom to continue to do pro as litigation and he adamantly refused that. He was really adamant. in fact, he -- the way he put it was wher. I buy people, I want to buy all of them. And I didn't take that to be, you know, offensive necessarily. I didn't think he Sdafani Willimas Court Reporters, Inc. 1-800-272-0404 49 1 DEF000065 1 2 3 4 s 6 7 e 9 1s 11 12 13 14 1s is 17 is 19 20 21 22 23 24 25 was -- had mentioned servitude. I got what he meant and he wanted 100 percent of my attention. So there -- that was the only real stipulation in the memorandum of understanding that I wasn't really enthusiastic about, but at 120 grand a year and a lot of resources, I can live with it. Q. Did you set forth in the memorandum of understanding your independence with regard to instituting litigation, settling litigation -- A. Yeah, that I would -- that I served at the pleasure of the board and I don't -- I'm more than happy to furnish you a copy of the -- Q. Okay A. -- memorandum, but I don't remember the exact details. But, yeah, it was -- you know, this was a -- Marty was not -- he's not on the .board. He's not on the -- Q. But you negotiated this with Marty though? A. Oh, absolutely, there wasn't anybody else to negotiate with. Q. Right, okay. A. Yeah. Q. So, if you don't mind, I would like a copy of that. A. Sure. Sdafanl W 111mas Court Reporters, Inc. 1.800-272-0404 s0 I 1 2 3 4 s 6 a 9 10 11 12 13 14 is 16 17 ie 19 20 21 22 23 24 2s Q. So I think I diverted you from your -- your chronology and your -- and what I'd like to do is take a five-minute break. A. Sure. Q. And then come back and -- I think we were at the point where you were describing the formation of the entity and the board and your dealings at that time, so we're, I guess, still in early January or late January? A. Late January, early February, yeah. MR. SWEETAPPLE: Okay, great. How about a five-minute restroom break? THE WITNESS: Sure. THE VIDEOGRAPHER. We're off the video record at 11:43 a.m. (A short recess was taken.) THE VIDEOGRAPHER: We're on the video record at 11:51 a.m. Q. All right. Mr. Chandler, would you please continue with what you wanted to relate to me regarding Mr. O'Boyle? A. Yeah. So we got -- we -- things really got rolling in earnest starting January 27th. The first week I did a -- it was very exciting. I did a seminar for a couple of activists and Giovanni Mesa, one of the attorneys for the O -Boyle Law Firm, sat in on that. And Sclafani Willimas Court Reporters, Inc. 1-800-272-0404 51 DEF000067 2 3 4 s 6 7 e 9 10 11 12 13 16 is 16 17 20 19 20 21 22 23 24 25 I actually hired the first -- or I guess I was the first employee for the foundation, but the second employee, a guy named Terrell Elliston (phonetic). lie only worked for a very short time, two or three days. He and I had been friends for a long time and he just decided he wanted to go in a different direction. But I met with he and his wife. He and I went out and actually made a bunch of public records requests together. In fact, he was with me on that first audit I did in South Florida. All of my interactions -- I didn't have any interactions with the board at all except -- in any official capacity_ I tallied to Denise DeMartini early on about helping me develop a logo for the foundation and that's when she expressed her surprise that she was on the board. But we -- we had that conversation by phone. I still hadn't met her. I would see Bill Ring on a pretty regular basis, but just because he was there at the 'Commerce Group. We never really interacted much. In fact, we kind of had this ongoing running joke, that when I would see him, I -- you know, I'm supposed to be -- I serve at your pleasure and, you know, at your direction and his response would be I direct you to go -- you know, go do something. I mean, you know, it was sort of -- it was sort of -- in a friendly way, sort of a nod and a wink that, you know, they're really not Sdafani Wlllimas Court Reporters, Inc. 1-800-272.0404 DEF000068 52 1 22 23 24 25 doing anything. I'm -- I'm doing it, which was great for me because the -- frankly the -- I was very happy, delighted actually, to be accountable to somebody for the money, for what I was spending, but I was equally delighted that I wasn't really having to answer to anybody about where I spent my time and what I was doing. And I was having lots of meetings with civil rights groups. I was meeting with other activists. You know, I had meetings with the Society For Professional Journalists. I had meetings with student organizations and felt like I was really doing what I am passionate about doing. And I wan pretty much left alone. There wasn't a whole lot of -- actually there wasn't any interaction with the -- with the board per Be. I did talk to Marty. When I was in South Florida in Palm Beach, I would stay at his home. He was very generous in that respect. And I welcomed the -- his hospitality, but also he's very busy and when I was in the office, the Commerce Group office in Deerfield Beach, he's very inaccessible because he's busy_ Whereas when I stayed at his home, he would get up early in the morning. I would get un early in the morning. we literally -- you know, we'd meet in the kitchen and have a cup of coffee at 6:00 in the morning or 5:30 in the morning and for an hour or more I -- it was just the two of us. And I Sclafani Willimas Court Reporters, Inc. 1-800-272-0404 53 DEF000069 1 2 3 a 5 6 7 0 9 1s 11 12 13 14 is 16 17 10 19 2s 21 22 23 24 25 would try to kind of give him updates on what I was doing and it was a little frustrating because he didn't really seem at all interested in the advocacy part of it, you know. For example, I was -- last year, and again this year, I was invited to Tallahassee to meet With Don Gates Who's president Of. the Florida senate to just kind of talk about the government issues. Last year I -- he asked for me to give testimony in front of a State Senate Committee on -- on government accountability and oversight. And when I was invited to go again this year, I had a really good meeting and we talked about some proposed open government legislation and in that conversation with the -- Senator Gates, I told him about the foundation and my new job and he was very positive, very pleasant about it. Senator Gates is a delightful man anyway. And I was really excited about chat. I felt like a big piece of what I was bringing to the foundation wasn't just my ability to -- to do audits and the potential litigation that came out of that, but the -- and not just my expertise on open gcvernment, but I've always cultivated, I think, very meaningful and significant relationships with Barbara Peterson and the First Amendment Foundation and Senator Gates and a number of other public officials, with a lot of other organizations, the Society for Professional Journalists Sclafani Willimas Court Reporters, Inc 1-800-272.0404 54 I DEF000070 1 2 3 a s 6 7 s 9 1a u ra 13 14 1s 16 17 is 19 20 21 22 23 24 25 and the Associated Press and I have a lot of meeting contacts that I've developed -- Q. The research I did on you before coming here to meet you, it appears that you've done quite a bit of work with open government, First Amendment, for Journalism. You have quite a bit of expertise in that area. A_ A lot, yeah, and I -- I am -- it would not be hyperbole to say that I get contacted every single week by reporters. I mean, number one, I -- I source for a lot of reporters. I spend my time digging through public records and very often that leads to interesting newsworthy stories. So frequently I'm called by reporters who are asking me for -- for leads on the stories -- Q. You're researching for them basically? A. Very much so, yeah, with the -- not in any formal way. I just -- I'm not a -- I'm not -- I don't pretend to be a traditional media outlet. I don't care about getting credit fer the story, x just want the story told. If I find some graft or corruption or something -- you know, something I feel the public ought to know about, I just want the story told. go I'm frequently contacted by reporters under that set of circumstances. But also very frequently attorney -- Sclafani Willimas Court Reporters, Inc. 1-800-272-0404 55 1 DEFOOOO71 1 2 3 4 s 6 7 B 9 10 11 12 13 14 15 16 17 1a 19 20 21 22 23 24 25 reporters will contact me saying hey, look, I've asked for this record, they're not giving it to me, what do you think? Well, I'm not an attorney. I can't give you legal advice. I can tell you what I would do if I were similarly situated. And we sort of talk shop about that sort of thing. So I've -- I've cultivated a lot of relationships. Q. And your integrity and your credibility are the cornerstone, I take it, of those relationships? A. Yeah, the way reporters describe me is I'm 100 percent source. If I tell a reporter something, they can take it to the bank. I don't exaggerate it. I don't claim it unless I can prove it. I mean frequently that's how reporters -- have said that -- I'm described as 100 percent source. And it'e becauce I'm a straight -shooter. I mean even if people -- I think even to a very large extent the public officials that I've had a fairly adversarial relationship with, I think that at the end of the day most of them would acknowledge that, you know, there's a reason why I win. It's because my facts are right. Now, I don -t pull the trigger on a lawsuit unless the facts are -- are 100 percent. And I think that's part of the reason that I've developed good relationships not only with the media, but with some legislators and with people like Sclafani Wlllirnas Court Reporters, Inc. 1-SDO.272.0404 56 I DEFOOD072 2 3 4 5 6 7 s 9 1s 11 12 13 14 1s 16 17 19 19 20 21 22 23 24 25 Barbara Peterson and -- and even some academics. So I was -- one of the frustrations I had in these meetings that I would have with Marty Over coffee is he'd seem completely disinterested in this. so I was trying to explain to him the significance, for example, of this -- I had a dinner meeting with the president of the Florida Chapter of the Society of Professional Journalists, which is the largest journalist organization -- journalism organization in the world. And here's a guy who is the head hauncho for that organization for the State of Florida. He's really eager about working on projects. And a big part of my time with the foundation was working on specific projects. So for example, I -m very interested in learning the particulars about school resource officers and what kinds of resource officers, what kind of police officers, end up in that position. So for example, I've been told, had a lot of antidotes, that it's just sort of a dumping ground for bad cops. Ytell, I don't know if that's true or not, but I can look at public records and find out. So for instance, in Hillsborough County, if you look at the -- if you look at the Hillsborough County Sheriff and the Tampa police Department, which provide SRO's to Hillsborough County School Board, 80 percent of their officers have no disciplinary history, Sclafanl WIIIUnas Court Reporters, Inc. 1-800-272-0404 57 1 DEF000073 3 3 4 s c 7 e 9 to it 12 13 14 1s 16 17 1s 19 20 21 22 23 24 2s none, but of the officers who have been provided as SROs, 97 percent of them have disciplinary histories and acme of those disciplinary issues are very serious, including a TPD officer who was invested for aggravated sexual battery. Well, that has the potential to be a really great story. And what I was after in doing these projects, and I had about -- literally about 40 of these things. These stories showcase why public records access is so important. The SRO's for example -- it doesn't matter whether you're a Liberal or a conservative or rich or poor, if you got kids going to public schools, you probably care whether Officer Friendly is a -- is a creep or not. If Officer Friendly has impulse control issues for, you know, beating suspects, you probably want to know about that. And there -- I had a whole bunch of these projects. And to me, why these were important, is they -- we hold these up as examples of why public records access matters. And I was disappointed because the response I got was really tepid, sort of like, uh, you know -- in fact, Marty told me at one point when I was telling him about the dinner I had with SJP -- SPJ, because they wanted to collaborate on these stories, it was sort of like don't tell -- I dca't -- why are you telling me about this, I don't care. Sclafani Willimas Court Reporters, Inc. 1-800-272-0404 58 DEF000074 2 3 4 s 6 7 e 9 10 it 12 13 14 is 16 17 is 19 20 21 22 23 24 25 Q. And you expected that would be part -- a big part of the foundation's -- A. It was a big part of it. That was the deal, yeah, absolutely, that -- you know, I -- getting a paycheck is nice and having lawyers to -- to litigate is nice because I need lawyers to litigate when I want the records and to enforce the public's right to know. That's all great. What I care about are the resources to work with groups like the Society of Professional Journalists or student groups like Dream Defenders to empower them in their membership to do public records access. But I also want to work with the media to develop these stories that -- that continue to show the public why' it matters that we have access to records. It's a constitutionally protected civil right and it's really important. All the rest of this stuff for the foundation ;was entirely ancillary to I got it. I understood Il, that, you know -- I understood that Marty want ed something out of this and what it -- what Marty wanted out of this was cases for his son's law firm. okay, fine, as long as that's a byproduct of what I do. And that was in February when Marty and I had these -- these meetings in his kitchen over coffee. It was sort of the beginning of me really feeling like maybe -- there Scla(anl WiIlimas Court Reporters, Inc. 1.800-272-0404 59 DEF000075 1 2 3 9 s 6 7 s 9 10 11 12 13 19 is 16 17 16 19 20 21 22 23 26 25 wasn't any pushback. He wasn't keeping me from doing it, but he just didn't seem interested in it, which at that point it was just sort of disappointment. it wasn't really a concern. It wasn't like he was saying I don't want you spending your time doing that. He wasn't telling me that I couldn't take reporters to dinner. It wasn't that I couldn't meet with student groups. It was just he didn't seem to really care. Q. So this is in February? A. This is in February and -- Q. So that was -- that was -- let me see -- I dont want to put words in your mouth. Was this -- in the business, we refer to a red flags. You may have heard that_ Lawyers see red flags -- A. Yeah. Q. Was this something that you saw as a red flag? A. It -- no. Q. A major concern at all? A. It -- no, it wasn't a concern. it was just ISI disappointment. I would have been concerned if he had put the brakes on it. He wasn't putting the brakes on it. He never said you can't do it, it was just I don't really care, don't -- don't bother me with the details, was sort of his attitude. In fact, I sent him a number of a -mails when I -- when I -- after I had my meeting Sdafani Mimas Court Reporters, Inc. 1-800-272-0404 60 DEF000076 1 2 3 4 s fi 7 e 9 10 la 12 13 14 1s is 1] 1s 19 20 21 22 23 24 25 with Senator Oates in Tallahassee, I sent_ him a very detailed e-mail explaining why I felt this was important, that some legislation was pending, and, you know, again, his response was sort of tepid. I had a meeting with Barbara Peterson, the First Amendment Foundation, about coordinating our efforts in working together. And again, his response was sort of tepid, like he didn't really care about that, which I found puzzling and dis -- personally disappointing because I felt like Marty was sort of a true believer and really cared about the open government part of it and that made me feel like -- what he was really interested in was litigation. But again, I don't care as long as you don't interfere with what I'm doing. Q. All right. And you have the complete discretion that you agreed upon to A. Correct. 0. -- run it properly? A. Correct. Q. Now, did you get any -- I don't want any lawyer /client communications -- A. Yeah. Q. -- or advice A. Sure. 0. -- your seeking advice, receiving advice, but Sclafani WiII'anas Court Reporters, Inc. 1-800-272-0404 61 1 DEF000077 s 6 7 B 9 10 11 12 13 19 is is 17 is 19 20 21 22 23 29 2s did you get any complaints from anyone that they were having ethical concerns? I'm including any lawyers in the firm or any -- any staff or -- did anybody ever contact you in February with regard to any -- any -- A. Yeah, when I -- because my -- in the memorandum of understanding I had with Marty -- I say with Marty, technically I guess with the foundation, although it sat -- I don't think that anybody ever signed it, at least I never got a signed copy of it, but I negotiated with Marty. You know, part of the deal was I could no longer do any pro as litigation. And I had -- when the foundation was created, I had several cases. I Can't remember if I had filed them pro se or not. I don't remember, but there were -- there were several cases that needed to be litigated. Q. Where you're the plaintiff? A. Where I was the plaintiff personally. And i -- I gave those to the O'Boyle Law Firm for several reasons, one, it was convenient. I was down there a lot. And r was -- you know, it was sort of the beginning of trying to develop a rapport with the other attorneys, who I came to like very much by the way, Marrett Hanna, who I have tremendous respect for, and for Giovanni Mesa. And neither one of then had done any -- I don't think they had really done any public Sdafani Willimas Court Reporters, Inc. 1-600-272-0404 62 DEF000078 12 13 14 15 16 17 18 19 20 21 22 23 24 25 records litigation, so it was also sort of a teaching opportunity to kind of -- you know, not only did I want the foundationn, to have a particular culture, which I wanted to control, but I also wanted to cultivate the culture of the firm to the extent that -- that the foundation was its client and we were its principal client. Now, my understanding was that we represented virtually -- not all because then Marty was also a client, but we represented the vast majority of the cases that the O'Hoyle Law Firm had. And I'm very, very insistent that I want 'things done a certain way for a whole lot of reasons, none the least of which is I don't like to lose because losing -- you know, bad facts make had law and I dont want to litigate cases unless we're going to do them the right way. And in the beginning, Narrett Hanna was the attorney that was representing me personally in a number of cases and I was very happy with.her -- Q. Keep in mind anything you discuss in terms of her advice representing you, you have the right to keep confidential -- A. I understand. Q. -- or you can waive it. A. I understand. I -- I'm more than happy to waive it. And I don't know that we're really going to Sclafani Willimas Court Reporters, Inc 1-800-272-0404 63 DEF000079 1 2 3 4 5 6 7 9 10 11 12 13 14 is 16 17 is 39 20 21 22 23 24 2s get into the particulars of anything that would be '.privileged anyway. The -- I -- for example, in one of the cases that the firm was representing me on where she was the attorney of record, I actually sat in with her when she was talking to opposing counsel for the purposes of settlement. Frankly I wanted to hear how she did on the phone. This is somebody who presumably is going to be representing me, or is representing me, and is going to be presumably representing the foundation on a lot of cases and I wanted to get a sense of what her style was. And I was very pleased. I thought she did a really fine job. She was very detail -oriented. She seemed very committed to doing things ethically. In fact, one of the very first things I did when I got -- when I'm going to work for the foundation, was I -- Jonathan came to me, Jonathan O'Boyle came to me, and said that marrett Hanna had expressed real reservations about being involved with this. And when I talked to her and I -- 0. This you mean the foundation A. The foun -- doing public records litigation, yeah, because her perception, I think understandably, was sort of oh, we're just going to be going around doing -- engaging in got -you litigation. I mean I think her attitude was sort of this is like slip and fall Sciafar i WiNimas Court Reporters, Inc. 1-800-272-0404 64 DEF000080 1 2 3 4 6 7 6 9 to 11 12 12 14 is 16 17 Is 19 2D 21 22 23 24 2s stuff. And I met with her, just the two of us, at one of the conference rooms of the Commerce Group and it was the first real conversation we ever had. And by the time I got done talking to her, I -- you know, I think she was really sold on -- on the concept of what I do. And she expressed to me that as long as I was involved she wanted to be a part of it, that she -- I was very flattered_ She's -- you know; she said I want to (represent the white knight. I mean she felt like I was really -- you know, what I -- the reason I was doing it -- my motives were pure. She didn't feel like everybody else's were, but she -- she was -- and we were sort of joined at the hip at that point. I was very happy with her representation and she and I exchanged a number of e-mails I think beginning in February where she felt like she was being pressured by Jonathan to demand -- make monetary demands and settle my cases for -- that were beyond reasonable -- Beyond the time that was spent? A. Yeah. A22 I was asking for -- I mean my arrangement with the foundation is that I would not be involved in any other money -making opportunities or any money -making ventures, so I was not seeking anything out of these lawsuits. I wanted nothing. I didn't want -- I didn't want a penny out of them. I -- Sclafan! Willimas Court Reporters, Inc. 1-800-272-0404 65 DEF000081 B 9 1a 11 12 13 14 1s 16 17 19 19 20 21 22 23 24 25 Q. The ones where you were plaintiffs? A. Where I was a plaintiff, that's right. Q. Right. A. And so all I was asking -- and I always do the same I -- I make three demands whenever I'm involved with public records litigation or open government litigation. Hirst you got to produce the records without further condition. Secondly, the defendant has to take some kind of meaningful remedial action no I don't have to sue you again. This isn't about seeing how many times I can sue you. It's about you actually make the records available to the public. They have a right to see it. And third, I want to be reimbursed for my -- or be comp -- my attorney's fee paid. There are reasonable attorney's fees pursuant to 119.12 -- Q. And that's -- that's their actual time and the value of their services. This is not a contingency case in terms of the -- there's no money being obtained from the goverrmment. They just pay the fees, correct? A. Yeah, I -- yeah, I -- yes, and I -- and I'll even make a distinction here. There -- you know, I personally, because this issue's going to play into some of our further conversations today, you know, when -- when I've been the plaintiff in public records lawsuits, when I have an attorney, you know, we will -- we will Sdafanl W1111mas Court Reporters, Inc 1-800-272-0404 66 1 DEF000082 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 1s 17 19 19 20 21 22 23 24 25 make a demand, those same three demands, produce the records, take some meaningful remedial action, and it's surprising how reluctant public agencies are to dd that, which seems like sort of the -- you know, let me help you fix the problem so we don't have to do this again, and then I want to be reimbursed or my attorney's fees paid. There have been instances where I have -- I defendants, particularly State contractors who have been very recalcitrant to correct the problems -- I'm not -- I may not make a demand for my attorney`s fees. I just may make a monetary demand, period, you know. Ilii -- you want me to give up my right to be vindicated in court. If you'll produce the records and take remedial action, I'll dismiss the case for $2,500 ar $5,000 or whatever number -- Q. Where your fees are at least that ouch? A. No, where my fees aren't that much. I mean I have done this where I -- I have been pro as and I've had defendants who have said we want you to dismiss the case. Well,' that I great, I want you to obey the law and I want to be vindicated in court. We're having a settlement negotiation and I'm very blunt. I'm asking for money that I'm not entitled to. I want you to pay me $1,500. You want me to dismiss the case, pay me $1,500. And defendants are like well, you're not Sclafani M111mas Court Reporters, Inc. 1.800.272-0404 67 1 DEF000083 1 2 3 13 14 is 1G 17 is 19 20 21 22 23 24 25 entitled to that. You're right, I'm not- That's why it's called a settlement negotiation. We're talking about things we're not entitled to. You're not entitled to have me dismiss the case. The only thing either one of us are entitled to at this point is due process. If you're going to ask me for something you're not entitled to, I'm going to ask for something I'm not entitled to. I have no problem with that as long as that's what's being communicated, as long as you're making it very clear I'm not asking for something under the pretense that I'm entitled to it, I'm saying, I'm acknowledging, I'm not entitled to this. Thin is consideration. You -- you want me to do something, then I want you to do something for me. When it comes to -- Q. And that would go to the plaintiff, that money, not to the law -- not to lawyers? A. Yeah, well, I'm talking when I -- when I've done that as a -- - 0. Pro Be? A. -- pro Be. You know, we're -- you know, frankly, these -- these -- you know, I don't -- this is not with public agencies, you understand, public operated agencies because that's tax money. Those are -- taxpayers are pay them money. I got a real problem with -- with that. I mean you're talking about Sclafani Willimas Court Reporters, Inc 1-800-272-0404 6B DEF000084 14 is 16 17 is 19 2D 21 22 23 24 25 a for-profit corporation that has a, you know, billion dollar contract with the State of Florida and they have violated their contract and violated the public's right to know. I don't have -- I'm not even slightly bashful about saying yes, you want me to dismiss this ease, your claim is, your defense is we didn't know. we didn't realize we were subject to the Public Records Act. Well guess what, I did you a big favor by bringing it to your attention and I did it at my own personal expense. I'm not completely unapologetic about saying yeah, pay me $1,500 or 2 grand or 2,500. That's one thing. It's something entirely different for an attorney to make a demand and to suggest or outright claim that the demand is for attorney's fees when it's something -- when they're actually asking for more money than what they've earned. The issue that Marrett was having, and the issue that I shared with her, we shared the name concern, was if -- if the O'Boyle Law Firm, at $350 an hour, has billed $4,000 and they've got $500 in expenses, why would you ask for anything more than $4,500? Q. Of a government agency? A_ Or of anybody, of -- of anyone. Now, if you -- if you're suing a private contractor, which these cases Sclafani Willimas Court Reporters, Inc. I-800-272-0404 69 1 DEF000085 1 2 3 4 s G 7 e 9 10 11 12 13 14 is 15 17 19 19 20 21 22 23 24 25 were -- where I was being represented were against State contractors, it would be fine if you wanted to make a monetary demand of, you know, $6,000 and your -- my legal fees are $4,000 as long as you present it that way, as long as you present it as my client, Mr. Chandler, is willing to settle the case for a monetary payment of $6,000 out of which you will cover his expenees. Q. And in that scenario, the plaintiff would get anything beyond what the fees were I take it? That wouldn't go to the lawyers? A. Yeah -- well, you would think, right? I mean that -- that -- that was -- and this was the -- and thankfully this really didn't enter into the equation, at least I didn't think because I wasn't seeking to get anything out of it. I don't want any money out of it. Q. As the foundation? A. As an individual. Q. As an individual, okay. A. Right. And the -- and there were -- I think there were three or four cases against these private contractors. All I wanted was -- Q. And the O'Boyle Law Firm was representing you? A. That's right. Q. And they -- that was done through Hanna you Sclafani Wiilimas Court Reporters, Inc. 1-600-272-0404 70 DEF000086 1 2 3 4 5 6 7 B 9 10 11 12 13 14 is 16 17 is 19 20 21 22 23 24 25 said? A. Marrett, yeah. Q. Marrett Hanna. A. And -- and Marrett -- Q. All of them? A. I don't remember. I can't -- I think they were, but I'm not 100 percent sure of that. Q. Okay_ A. The -- the problem -- the pushback that Marrett was getting, as I understood it, and she and I talked about this on the prion a number of times, we exchanged e-mails about this, was she was getting pressured to make higher demands. And my response was why, that -- Q. who was she getting pressure from, the -- A. Jonathan. Q. O'Boyle? A. Yes, to -- to -- Q. Mow, was he in -- in the Commerce Group offices full time whenever you were there working 'at the O'Boyle Law Firm? A. Yeah. He was living at his mom and dad's house in Gulf Stream and he was there, yeah. Q. Full time? A. Yeah. Q. So he worked out of the -- the Commerce Group Sdafani Wlllimas Court Reporters, Inc 1.900-272-0404 71 DEF000087 s 9 io 11 12 13 14 is is 17 is 19 20 21 22 23 24 2s offices where the law office had its room? A. Yes. Q. On a full-time basis? A. Yea. Q. And she told you that Jonathan was putting pressure on -- on her to ask for more in fees than had been earned? A. Yes. Q. How many times did she communicate that to you? A. Repeatedly. Q. And that was in February? A. Yes, and she -- she -- you know. my -- my response to her was it'o -- it's -- you know, I understand that you guys want to get your reasonable attorney's fees, and I'm all in favor of that and I'm -- and that's going to be part of our settlement discussions. I couldn't care less about you guys getting any -- a penny more than that. That's not my interest. And it's frankly not your decision to make. It's not Jonathan's decision to make. it's mine and mine alone. I'm the client. I get to make that decision. That's the way it works. And, you know, frankly it I said that I was willing to settle the case for -- for no attorney's fees, that's my choice to make. It's not yours. You guys took this case on a Sclafani Willimas Court Reporters, Inc. 1-800-272-0404 tei 1 2 3 S 5 6 7 6 9 1s u 12 13 14 1s 16 17 is 19 20 21 22 23 24 2s contingency. it is what it is. Q. Contingency meaning they wouldn't get their fees unless they were awarded? A. That's right and -- Q. Not a percentage of any recovery? A. That's right. Q. And there was no fee agreement on any of these cases? A. That's right, and which again I tried with them -- about that repeatedly, look guys, we got to have these fee -- because if you get to a fee hearing and we don't have a fee agreement, it I were opposing counsel, I'd be arguing that you're not entitled to anything because the Florida Bar is really clear about this on a -- any kindd of a contingency Pee agreement has to be -- it shall be in writing. It's not -- you don't have any latitude there. Q. All right. A. As a result of -- of Marrett express`_ng -- and again, this is what she told me -- Q. Bo you told -- you made it clear to -- to the O'Boyle Law Firm through Marrett that any contingency had to be in writing? A. Yes, and I -- Q, Which is clearly a Bar requirement? Sclafani Willimas Court Reporters, Inc 1-800-272.0404 731 DEF000089 7 2 3 8 5 6 7 B 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 A. I -- I communicated that to Ryan, with mar -- I communicated that to Jonathan O'Boyle. I communicated that to Giovanni Mesa. 0. And it was just ignored? A. It was ignored. So as a result of my support for Marrett-s position, I think she was emboldant to -- to sort of stand her ground with Jonathan and as a result of that, she was removed from the cases without my consent, without my knowledge. I just found out after the fact that she -e been taken off the cases and, you know, Ryan Whitmer -- Ryan Whitmer was going to handle them and Q. And who told you that was being done? A. Marrett. Q. She told you she had been removed -- A. Yes. Q. And by -- by Jonathan or by -- R. Yes. Q. By Jonathan? A. Yes. Q. And Jonathan appointed Ryan to handle the cases? A. Yes. Q. And what did -- what did you do when you learned that? This was in February? Sdafani Wi8imas Court Reporters, Inc. 1-800-272-0404 74 1 DEF000090 1 2 3 a s 6 7 a 9 10 11 12 13 1d is 16 17 la 19 20 21 22 23 24 25 A. Yeah, I believe it was in February. I was -- I was -- you know, I was -- I was annoyed by it. I was -- I was frustrated by it. I mean it wasn't one of those things that you took -- it wasn't a complete deal breaker Ear me. I -- it was -- my perception was this is just young attorneys not thinking very clearly, not Marrett, I'm talking about Jonathan in particular. And there -- I also kind of had the feeling that there was sort of this little bit of a power struggle. I think that he perceived that he was the one that was in charge and if he want to be in charge, it's his law firm, that -- more power to him, but I'm the one that's in charge of the foundation and I'm the client. So when it comes to the litigation -- and in these particular cases where I -- it was me personally, I -- I know who's in charge. It's me. It's not the attorney_ I'm the one that's calling the shots here. The attorney is a technician who provides advice. That's it. I get to make the decisions about litigation strategies and what we're going to demand for settlement. And again, I am far more interested in the first two settlement conditions than I am the third. You got to produce the records without further conditions and you have to take same meaningful remedial action. Q. So who were the defendants in these -- in Sclafani Willimas Court Reporters, Inc. 1-800-272-0404 7s DEF000091 B 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 these -- you said about three cases that you were the plaintiff in? ... A. Yeah, there were -- and there were great facts. Every one of the facts were just gold. First Coast Advantage is one of them and the other cns�s -- Q. What county? A. In Duval County. Q. Okay. A. There an AHCA contractor. Q. AHCA is -- A. Yeah, I'm sorry, Agency for Health Care Administration. Q. okay. And where was that? A. Well, ARCA is in Tallahassee, but the -- First Coast Advantage was in -- in Duval County. Q. so all three filed -- filed in Duval County? A. I think I -- it was First Coast Advantage and then it was Memorial Healthcare Group -- Q. where -- where was that case filed? A. They're in Duval County. That's another one with just-- just golden facts. Northwest Behavioral Health. And again, I'll -- I stand by the facts of these cases and to my knowledge, the cases are -- have been -- are being handled ethically. Q. Yeah, they -- they haven't been settled. You Sclafanl Will!mes CoUrt Reporters, Inc. 1-800-272-0404 DEF000092 76 1 8 9 1a 11 12 13 14 is 16 17 1s 19 20 21 22 23 24 25 didn't let them -- you didn't let them settle them for more than the fees were? A. That's exactly right. Q. You stopped them? A. Yeah, we -- we are going to do that. So that led to -- 0. So all three of these are in Duval County? A. I believe they are, yes. Q. okay. And you're the named plaintiff? A. Yeah. Yeah, both of -- just, you know, these are -- I would say that the facts of these -- of those cases, that's very typical for the work that I do. I mean you walk in, you make the request. The contract clearly says that they're going to have to produce the records. You ask for a record that you know exists because it's required to be created in the contract. You ask for it. They tell you no. You know, sometimes -- I mean I've actually been -- had instances where they called the police to have you removed for doing nothing more than politely making a public records request. I love those facts. Q. Right. Now, you don't have to disclose this, I don't believe it's privileged communication, but obviously you're the client and it's your call -- A. Yeah. Sdafani Willimas Court Reporters, Inc. 1-500-272-0404 77 1 DEF000093 i 1 2 3 a s 6 7 B 9 to 11 12 13 14 is 16 17 19 19 20 21 22 23 24 25 Q. -- do you have an oral agreement with the O'Boyle Law Firm as to what the hourly charge is for different lawyers on these cases or do they just charge what they think is fair? A. I believe that Ryan is handling them now because Marrett left the firm, largely over these issues. I think he charges 2S0 an hour. Marrett, who is a much more seasoned attorney, much, much more seasoned attorney, I think was charging 350 an hour. Q. So you agreed to pay 250 an hour for those cases -- A. I didn't agree to pay it. I agreed that -- that -- Q. That was a reasonable fee? A. A reasonable fee, yeah. Yeah. Q. Okay. This -- A. Their fees for expenses. Q. Are there any writings that memorialize that or just a conversation? A. It was part of my suggestion urging -- Q. Okay -- A. -- that we should have -- that we should have it in writing. It hasntt been. Q. SO -- A. So things -- things -- Sclafanl WIIllmas Court Reporters, Inc. 1-800.272-0404 76 1 DEF000094 1 2 3 4 s 6 7 s 9 10 Ll 12 13 14 is 16 17 16 19 20 21 22 23 24 2s Q. Back to -- you're starting to see a red -- some red flags? A. That was a concern for me. Q. Right, A. And it wasn't that big a deal to me at that stage of the game as far as the involvement of the foundation because the vast majority of the cases that we had at that time were against publically operated agencies or municipalities, State agencies, not contractors. Q. And as I understand it £ron your description, you like Ryan. You considered him charming. And the fact he took over the cases didn't -- didn't alert -- didn't offend you from the standpoint that you had respect for him? A. Yeah, it offended me that -- that r4arrett had been removed because I -- I liked what she was doing. I thought she was very competent. More -- more important even than me thinking that she was competent, which is usually important, I felt that philosophically we were Maligned. I think -- I felt that we were after the same thing and that's really important to me. Q. Did you have to same kind of conversation with Ryan, telling him what was important to you and public records and open government? Sclafani WIIllmas Court Reporters, Inc. 1-800-272-0904 79 1 DEF000095 S 10 13 12 13 14 is 16 17 1s 19 20 21 22 23 24 25 A. Yeah, and I -- my sense Of Ryan is that he is a decent human being who's trying to do the right thing. I -- I -- you know, I think he is in a very -- was in a very difficult position. I think there is a tremendous amount of influence that Marty has over the firm. One of the issues that came up repeatedly -- now, I witnessed this. You know, I -- I would be there, you know, for a day or part of the day to talk to attorneys about cases or whatever and -- and a lot of my interaction with the firm wacn't just as a client., it was also hey, what do you think we ought to do or, you know -- there were some procedural questions they had, but mainly it was sort of really trying to understand the lay of the land as far as public records litigation is concerned because I obviously had done a lot more than they had. And I was very happy to -- to engage in that respect. But frequently when I was there, Marty would come in and, you know, just sort of -- it was a train wreck. I mean he was very opinionated about how cases ought to be handled, which I found -- at first it was a little charming, but then it just became really annoying because it's like wait a minute, I understand You're financing the foundation and you're financing the law firm, but you don't have a voice here. This isn't -- the foundation is not your toy. You don't have Sclafani Willimas Court Reporters, Inc. 1-800-272-0404 DEF000096 80 8 1s 11 12 13 la is 16 17 19 19 2s 21 22 23 24 25 any standing to have any input here even if you are the donor. You're -- you're not on the board. you're not an employee. I'm the only person that has the discretion about this. Q. so he would come in and in front of the lawyers and you try to direct the litigation? A. I don't know if direct is the right word. lie would come back there and very much sort of, you know, this is what I think ought to be done on these cases. Q. Was this a regular occurrence while you were there? A. Oh, yeah, very regular, Yeah, I mean I -- at least when I was there, yeah, it was very common. Q. And you expressed your disappointment or -- A. Yeah, I -- you know, I -- I never told him to but out. You know, it was one of those -- you know, I kind of rolled my eyes and, you know -- but this was a real issue for Marrett and she was -- as tar as the escalation of her being marginalized to the point not 'only she was removed from the cases that -- where I was .the plaintiff in spite of the fact I was very happy with her representation, but then she was excluded from conversations. she was -- you know, they would -- they being Jonathan and -- Ryan would -- and sometimes Giovanni even would go and -- literally go into Marty's Sdafani Willimas Court Reporters, Inc 1-800-272-0404 DEF000097 81 1 is 13 17 13 19 is 16 17 is 19 2c 21 22 23 24 25 Private office and exclude her from the conversations about cases that she should have been involved with. And she just felt more -- and you'll see this in the c -mails. She felt more and more marginalized, and I think she was, and eventually she -- she left. I think it was sort of a mutual -- I don't know if she was £iced or quit. I think she was probably more fired than she was -- than she quit. Q. Okay. Let me ask this, when -- when you had, in February, these conversations with her about Jonathan trying to negotiate more in fees than had been earned in your cases A. Uh-huh. 0. -- did that ever, in February, result in you having any direct communication with Jonathan on that topic? And if there's a conversation later, you can tell me that and we'll deal with that in -- chronologically. A. Yeah, I -- well, I don't know that we had ennvereationm about that in January -- in February specifically. I can't say that within -- within that particular timeframe. We may have. certainly this is an issue that Jonathan and I really battled over subsequent to this. Q. okay. We'll get to that. I don't want to keep Sclafanl Wlllimas Court Reporters, Inc. 1-80D-272-0904 DEF000098 82 1 1 2 3 9 5 6 7 B 9 10 11 12 13 14 is is 17 is 19 20 21 22 23 26 25 you -- let me let you get back to your -- A. So -- Q. -- your chronology of what you were relating to I me. A. Yeah, so things -- you know, for -- to the very large extent I was left alone for most of February and most of March. And then in -- in April, I believe it was in April, let me look at my timeline here, I was 'contacted by Denise DeMartini and-- let me find it here. Yeah, it was in -- I'm sorry, it was in March 27th. That is when Marrett Hanna told me she had been removed from the cases. Q. What date? A. It was in March. Q. Okay. A. So some of the other -- you know, where I started seeing what I refer to red -- red flags, I got a -- I got an e-mail from a woman named Jill Mohler, M -o -h -1 -e -r -- Q. And who is she? A. She is the secretary, receptionist, for the Commerce Group, very sweet lady, very nice lady. Q. She's -- she's an employee of Marty's company? A. Yes. Q. And has been for how long, do you know? Sdafani Willimas Court Reporters, Inc 1-800-272-0404 &3 DEF000099 1 2 3 a 5 6 a 9 10 11 12 13 14 is 1s 1^ 1B 19 20 21 22 23 24 2s A. I -- not long. Q. Okay. A. A year or so maybe. Q. Receptionist, okay. A. Yeah, very nice lady. I found out from her that -- and I had been completely unaware of this, that she was actually making public records requests on behalf of the foundation. This was in April. Q. Without your knowledge? A. Without my knowledge. 2 had no idea she was doing it. Q. She's not an employee -- A. No, she's not an employee. She -s not an employee or a volunteer or anything else. She's -- she's -- she has no affiliation with the foundation, none. Q. How did you learn this? A. She -- she -- I got an e-mail from her and -- this is what the e-mail says, "Hi, Joel, Marty requested that I send you the attached records request from rosponses to review as well as the records requests cost estimate spreadsheet also attached, after review all, Marty would like to speak with you about them, I left you a voicemail and" -- you know, and this was in relationship to public records requests that had been Sclafanl Willimas Court Reporters, Inc. 1-800-272-0404 84 DEF000100 0 1 2 3 a s 6 7 e 9 10 21 12 13 19 is 16 17 18 19 20 21 22 23 24 2s made to Gulf Stream and I was -- Q. In the name of the foundation? A. Yeah, in the name of the foundation, which I -- there were a number of issues there for me. one was, okay, you guys aren't being very clever about this because you might want to take into consideration that while you're sending this from a -- a Citizens Awareness Foundation e-mail, you're transmittal sheet has the commerce Group phone number and address on it, so, you know, it'o pretty transparent who's really making the public records request. Two, I didn't authorize you to make the request. Three, the requests aren't well written. They're -- they're detective in my opinion. And four, why are we sending all these public records request to -- to Gulf Stream? I Q. How many were there? A. Well, at one point it came to my attention that hundreds of have been made. it was well over -- I say hundreds, well over a hundred. i think the number that sticks in my head was like 160 or something. Q. And these were made in what month or what time period? A. I don't know. I don't know. Q. 2014? A. Oh, yeah. Yeah. Yeah- Since the foundation Sclafani Wllllmas Court Reporters, Inc. 1-800-272-0404 85 DEF000101 1 2 3 4 5 6 7 e 9 in 11 12 13 14 is 16 17 16 19 20 21 22 23 24 2s got started, yeah. Q. Okay. So they were made after January 22nd? A. Oh, yes. Q. Over 100 and -- A. In the name of the foundation. I did not know about them. I didn't authorize them. And part of the -- part of the problem I had with this was the deal I had with Marty sitting by his pool on Wednesday, I think January 22nd, was no enemies list. I knew that Marty had a -- sort of had an ax to grind with the city -- with the Town of Gulf Stream and while I think that the Town of Gulf Stream has had a remarkable series of public records challenges, they in my opinio= have not been very compliant with the Public Records Act, I -- I don't want to beat up on them. I mean how many times do you need to sue somebody to make your point? i mean if I have to sue the game defendant ten times in a row, Eine, but I don't want to sue them ten times all at once. And I didn't see any point in making all these public records requests to a town with Soo people. I mean there are all of these other agencies in the state of Florida. There are -- there are 412 municipalities. There's 67 counties, which means there's 67 school districts and 67 sheriffs. There are over 100 state agencies and there are 1,600 community development Sdafani Wiliimas Court Reporters, Inc 1-800-272-0404 86 DEF000102 1 2 3 4 5 6 7 8 9 10 12 12 13 id 15 is 17 i0 19 20 21 22 23 24 25 districts. And there are probably 10,000 state -- state contractors under the Public Records Act. There are lots of other people out there besides just the Town of Gulf Stream. And if we're making hundreds of public records requests to one very small agency, it really looks like we're picking on them. Q. Like an enemies list? A. Yeah, which was part of the deal, no enemies list. Q. And you knew that Marty had a bone to chew with Gulf Stream, I take it, from your prior conversations with him? A. Yeah, sure. Yeah, I mean I knew about him painting his house and -- and I mean I personally -- look I personally had sued Gulf Stream over a public records violation, so I -- I knew that -- that the public records issues there were very real and frankly, it is remarkable to me that they have been slow, so slow, to really get their house in order for Q. It's a tiny, tiny local government A. It's a tiny town -- Q. -- one or two employees -- A. Sure. Q. Local employees? A. Yes, Sciafani Wlliimas Court Reporters, Inc 1-800-272-0404 87 1 DEF000103 a 3 4 5 6 7 B 9 10 11 1z 13 14 is 16 17 le 19 20 21 22 23 24 25 Q. Let me ask you this, when you learned that Jill Mohler -- when you learned in March that Jill Mohler -- A. April I think. Q. April, April -- had at Marty's direction, sent out well over 100 public records requests in the name of the foundation to Gulf Stream without your permission, what was your -- what did you dol What was your reaction? A. I was pretty upset and this led to conversations that I had with Bill Ring as the president of the foundation that we couldn't be doing this. This is -- we can't have this. I -- I needed to be the only person that's making public records requests, or if I'm not the only person making public records requests, then -- then I need to be the only -- I need to be the person that approves them. By this juncture, there were three employees for the foundation. I was the Executive Director. I hired a woman by the name of Cathy Zollo, Z -o -1-1-o, who worked from her home in Sarasota, to my knowledge. I don't think she's ever been to the office in Deerfield Beach_ I don't think she's ever met Marty or any of the other -- I think she's talked to Denise DeMartini on the phone, but she's never had any contact with them. And then we had an intern, a guy named Dylan Bouscher. And I directed them to make public records Sdafani Willimas Court Reporters, Inc. 1-800-272-0404 as DEF000104 1 2 3 4 5 6 7 s 9 10 11 13 13 14 is 16 17 Le 19 20 21 22 23 24 25 requests on behalf of the foundation. But I never directed anybody else to make public records requests, certainly nobody outside of the foundation. Q. I take it you didn't even know who Jill Mohler was at the time she was making -- A. No, I knew who she was. I mean I spoke to Jill every time I walked through the door, hey, .Till, how are Q. so you -- you knew she was a receptionist for the -- for the Commerce Group? A. Yeah. What I found out was -- you know, it's funny because she -- you know, we -- I walk in and there's this big stack of paper and she's -- you know, all the time doing something on the computer. I found out later what she was doing on the computer was making public records requests. I moan my understanding from her and from other people in the -- at the Commerce Group, this was like a full-time enterprise where she was doing nothing but making public records requests. I don't know -- Q. Making them to other entities besides Gulf Stream? A. No, Gulf Stream over and over again. Q. But what about any other entities, did she do any other -- Sdafanl Willimas Court Reporters, Inc. 1-800-272-0404 891 DEF000105 17 is 19 20 21 22 73 24 2s A. I don't know. Q. okay. A. I mean I know one time on -- you know, for Marty or the Commerce Group she's making lots of public records requests, the State Attorney and other agencies 'like that, but -- and I didn't care about that. The -- what I was concerned about was that the -- that there was somebody who was presenting themselves an being a representative of the foundation'and making public records requests on behalf of the foundation without my ;knowledge, without my authorization. And I had a Iproblem with that for the -- the first big issue I had was it looks like an enemies list. Q. And then the only -- when you learned about ISI being done in the name of the foundation through Jill Mohler and Marty, was -- Gulf Stream was the target, no (others? A. I think there was -- I think at one time I found out about -- there's an engineering firm I think that -- that worked for Gulf Stream, but they had -- they all related to Gulf Stream, the ones that I knew about. And I found that very upsetting. Q_ And these were not authorized by the foundation or you? A. Not by me. s Sdafani Willimas Court Reporters, Inc. 1-800-272.0404 90 DEF000106 r 15 19 20 21 22 23 23 25 Q. And when you talked to Bill Ring, you complained to him about this? A. I 'sure did. Q. And what did he say? A. Sort of like, yeah, you know, okay, I'll talk to Marty about it kind of thing and, you know -- and I -- and the reason I didn't escalate this was each -- this came up over -- more than one time. Every time I'd sort of get this pat on the head, yeah, you're right, okay, we'll take care of it. And bear in mind I wasn't there very much, right. I -- I showed up at the offices in Deerfield Beach once a week, once every couple of weeks. The rest of the time I was out on the road, you know, being with civil rights groups and doing audits. So I -- you know, I didn't really have a lot of contact with them, certainly not -- not on a daily basis. And then -- and in the -- during this period in -- in April is when things really started to become more unhinged. The -- yeah, on April 14th, I cot an e-mail from Denise oeMartini, who was a board member, who I was ultimately directed by the board, meaning Bill Bring and Denise DeMartini, chat she was the person that I answered to directly. She was my direct superior. Q. And she's Marty's administrative assistant? A. I think ehe's more than that. I think she -- I Sclafanf Wllllmas Court Reporters, Inc. 1-800-272-0404 91 DEF000107 3 4 s 6 7 e 9 is 11 12 13 14 is 16 17 is 19 20 21 22 23 24 2s Q. His right hand? A. That's very -- I -- yeah, my sense is, and I think that other people that are at the Commerce Group would share this sense, that there's Marty and then there's Denise and Bill and that there's everybody else, way, way, way behind them. They -- she -- I don't think anything happens at the Commerce Group of any import without Bill and Denise being involved with it. So I got a -- I got an e-mail from her and this precipitated the conversation that I had subsequently with Bill Ring and led to a whole series of other conflicts with the board. She described bar involvement with the firm, and Ism reading from her e-mail, which is April lath, 2014, "My involvement with the firm", the O'Boyle Law Firm, "is primarily to get procedures, priorities, expectations in place for the attorneys so that things run smoother. The firm's priority is to keep up with the intake of cases so we want you to run with it, no holding back, so we can properly staff up. Obviously there are going to be bumps along the way that we can overeome.N My concern was that it became -- Q. she -- is she writing -- she's -- as far as you understood, she was on the board and she was an employee SdaNnl WiUimas Court Reporters, Inc. 1-900-272-0404 92 DEF000108 1 2 3 4 5 6 7 s 9 1a 11 12 13 14 is 16 17 is 19 20 21 22 23 24 25 of Mr. O'Boyle -s, Martin O'Boyle's, Commerce Group? A. Yes_ Q. she sent you that e-mail. Did you understand she was trying to now assist Jonathan's law firm? A. Yes. Q. Did that come as a surprise, surprise to you? A. Yee, it did. It was shocking to me and I .objected to it vociferously. Q. And she -- because your whole idea of independence was out the window? A. Yeah. Yeah, and -- and it was portrayed -- the reason she's -- the reason she's giving this explanation in an e-mail is I'm objecting to, wait a minute, what -- why is a board member involved with the law firm and what I understood her to try to be saying is I'm just kind of -- you know, I'm kind of helping them -- Q. Make sure they get business? A. Well, no, that's not what I understood for her to be saying. I'm just -- I'm just kind of helping them figure out, you know, procedures, how to -- you know, the work flow, just make things Q. Consulting with them -- A. Yeah. Q. -- to try to help them A. Yeah. Yeah. Sclalani Willimas Court Reporters, Inc. 1-800-272-0404 93 DEF000109 3 4 17 is 19 20 21 22 23 24 25 Q. -- staff up? A. Which was utter nonsense and I raised this issue with Bill Ring. I said look, you cannot have Denise DeMartini, a board member of the foundation and an employee of -- of Marty, involved with the operation of the law firm. And my argument that she was involved with the operation of the law firm is she was actually managing the law firm meetings. Q. You went to meetings at the law firm where she was there? A. She was -- no, she was -- wait, this was -- this is the creepy part, right. She's not even there. She's on speaker phone running the meeting so -- Q. Who -s present during these meetings? A. The entire law firm. Now, I was there. I -- which I -- you know, I subsequently refused to go to the -- the law firm meetings. Q. How many of these meetings were you at? A. Just the one. Q. And ohe ran it from a speaker phone? A. Oh, yeah. Yeah. Yeah, absolutely. Q. What lawyers were there? A. Giovanni Mesa, Nick Taylor, I think Marrett was still there at this time, Jonathan O'Boyle, Ryan Whitmer, and Beth canali(phonetic), whole the -- the Sclafani Willimas Court Reporters, Inc. 1-800-272-0404 ME DEF000110 1 a 3 c s 6 7 e 9 19 u 12 13 34 is 16 17 16 19 2s 21 22 23 24 2s paralegal. And I was uncomfortable with the meeting for several reasons. The first and most obvious is that you have a non -attorney whole a board member Who I report to directly who is clearly, clearly running this meeting. That�s the first thing that just struck me as beyond bizarre. Q. Did she was doing it on behalf of -- that she was given direction from Martin 018oyle7 A. No. it was simply just clear that she was running the meeting. Q. okay. A. And when i say running the meeting, it's -- it's sort of, you know, which cases do we have coming in, which attorneys are these -- these have been assigned to, what'a the status of this case. And it wasn't even -- when I say status of the case, just has it been filed yet or not, not a -- any meaningful case management, which I found vary frustrating. There didn't seem to be any comprehension on her part about settlement risings or, you know, procedural issues, you know, are we doing an immediate hearing, are we, you know, going to go for summary judgment, just none of that. It was just sort of -- Q. Every -- it sounds like everything was about, tell me if this is correct, everything she was focusing Sclafani Wlllimas Court Reporters, Inc. 1-800-272-0404 95 DEF000111 1 2 3 t s 6 7 a 9 xo 11 1z 13 14 IS 1G 17 is 19 2s 21 22 23 24 25 on was about generating a number of lawsuits for the O'Boyle Law Firm -- A. Yes. The second objection I had was that I thought I was there because we were going to talk about the Foundation cases. It made perfect sense to me that' we would get all the attorneys together because it would be much more efficient to do that. But what we ended up doing is they -- well, while I was there, they ended up having conversations about other clients, which I found very troubling because I'M not a party to the lawsuits -- Q. Public records cases? A. Yes. I had referred to the -- the firm a number of clients, people that had contacted me, people -- some that I've known for years, some that just contacted me out of the blue, you know, I have public records issues and I'm not an attorney but I have a law firm that -- Q. Can you give ne names of those people? A- Yeah, a guy named Jeff Gray, who gave them a large number of cases, which in my estimation bas been terribly problematic. 0. where is Mr. Gray? A. Jeff Gray lives in Saint Augustine. He's a civil rights activist. we do a lot of work together. Sclafani WNIlmas Court Reporters, Inc. 1-800-272-0404 96 DEF000112 1 2 3 4 5 6 e 9 10 11 12 13 14 1s 16 rr 16 19 20 21 22 23 2e 26 He's a good guy, very -- Q. Okay. A. -- very reasonable -- Q. Later I may want to get his phone number from you, but -- A. I'll be happy to give that to you. The problem that he ran into was the cases that he was -- in fact, he was the -- he was one of the activists that was attending this seminar I did the first week of the foundation. He had referred a number of cases too. I think he gave a total of 42 cases to the firm and they were not filing them in a timely fashion. It was very frustrating and he didn't feel like they were communicating with him. Q. Were these cases in Saint Augustine or -- A. No, all over the state. Q. All over the state? A. Yeah. And I was frustrated because, number one, Jeff and I are friends and I didn't feel like he was really being treated very well. I didn't think he was getting good customer service. But also just from an advocacy perspective, my -- I feel, generally speaking, that it you're going to file a public records lawsuit, you need to do it pretty quickly after the -- the violation of your rights Eor a whole lot of reasons, Sdafani W 111mas Court Reporters, Inc 1-800-272-0404 97 DEF000113 I 2 3 4 5 6 7 e 9 10 11 3.2 13 14 15 16 17 1s 17 20 21 22 23 24 2s not the least of which -- if you wait six months to do it, it doesn't really look like -- look like you're all that interested in the records. So that was one of the issues. He didn't -- he just didn't feel like he was being treated very well. Q. And did they discuss Jeff Gray at these -- A. Oh, yeah. Q. -- meetings in front of you? A. Yes, absolutely. Q. Even though it was a different client? A. Even though it was a different client, just no consideration for privilege whatsoever. Q. And who else -- who else did you refer to them? A. A fellow by the came of Al Crespo down in M4-4 Q. C -r -e -s -p -p? . A. Yeah. Q. I may want his number later. A. Yeah. Q. Did they discuss him in front of you -- A. Yes. Q. -- at this meeting too? A. Yes. Q. Okay. And -- and no protection of his privacy? A. I mean I -- now, I knew about the cases because Sdafani Willimas Court Reporter, Inc. 1-800-272-0404 98 1 DEF000114 1 2 3 4 s 6 7 e 9 1a SI 12 13 14 is 16 17 10 19 20 21 22 23 24 25 these -- Al had contacted me asking for a referral. Jeff had contacted me asking for a referral. So I knew the basic and I -- I guess one of the value-added things I brought to the relationship was I have enough experience in public records litigation and I can look at the facts of the case and I have a pretty good sense of whether I think they're worth doing or not. 1 don't make that judgment and I don't share that judgment with -- with the potential plaintiff, but I certainly share that judgment with the attorneys. The attorneys are going to ask me, is this a good case, yeah, I think it is or no, I don't think it is. I mean do I think you should take it, no, yes, you know, you should, whatever, based on the facts. So I was very intimate -- adamant -- Q. Some of the lawyers at the firm would ask you A. Yeah, sure. Q. -- at the O'Boyle firm? A. Yeah. Q. But Crespo and Gray had never authorized the lawyers to speak to you about their case? A. I don't know whether they did or not. I -- I would assume they didn't -- Q. They never told you that -- Sdafani Wiliimas Court Reporters, Inc. 1-800-272-0404 99 DEF000115 1 2 3 22 23 2a 25 A. Yeah, but I -- I was very uncomfortable with this because it was very clear that Denise was running the meeting. And then subsequent, she -- she started demanding from me an accounting of how many cases I was giving to the firm. And in fact, I received an e-mail [from her, just to kind of show that this was not a one-time event -- you know, and again, Marty was still very involved at this point, so for example, Marty was approving the mission statement. And this is in -- on April 16th I get an e-mail from Denise saying that Marty's approved the -- the mission statement. I got a -- well, let me just shift gears a little bit because we're going -- we're kind of all over the map here. The -- just to kind of keep things in chronological order. So on -- on April lath, I get the e-mail from Denise explaining her involvement with the law, firm. Then I get an e-mail from Jonathan saying that he has assigned a case to himself. Q. A Florida case? A. Yes. So he -- he's asking me -- I got an e-mail from him, I think it was on a Saturday -- Q. Do you know which case it was? A. Yeah, it was a case against the Department of Children and Families Services, DCF -- DFC -- I think he meant DCF. Sclaf inl Willimas Court Reporters, Inc. I-800-272.0404 100 DEF000116 1 2 3 4 5 6 7 6 9 10 11 12 13 24 15 16 17 18 19 20 21 22 23 24 25 Q. Brought by whom? A. The foundation and -- Q. He told you he was assigning that case to himself? A. Well, I'll read you the e-mail, "Hey, Joel", the says DFC, but I think he meant DCF, -the DFc link is not working." And what he means by link is I would -- I had set up a drop -box account and I would upload -- you know, if I had video or if I had e-mail exchange, whatever documents, whatever -- whatever I had to support the Pacts of the case, I would upload those to the drop -box and that's how I shared them with the attorneys at -- at a distance -- Q. Let me -- let me just ask you this on this topic -- A. Yes. Q. Did you ever direct Jonathan O'Boyle to take over that case or did he just tell you he was taking over the case? A. I didn't direct him to do anything. Q. Okay. Let's move on to the next thing then. A. Yeah, well he said -- then he says "I have assigned myself the case, any chance you can get that link", get the link to the video. So I mean that -- here he clearly seems to be saying that's he -s not Sdafani Mimas Court Reporters, Inc. 1-800-272-0404 101 DEF000117 1 2 3 4 s 6 7 8 9 is 11 12 13 14 is is 17 18 19 20 21 22 23 24 2s working at the direction of another attorney. He's assigned it to himself. Then it's -- on the 16th of April I get the e-mail from Denise DeMartini saying that Marty's approved the mission statement for the foundation. Then I get a very troubling e-mail on -- from Denise on April 29th. And the e-mail reads, this is April 28th, 2014 at 11!17 a.m., "Joel, I am in a law meeting now and have ,been told that you have only provided eight new cases for this week. We were expecting a minimum of 25 a week." I pretty much flipped out after that. Number one, I don't have a quota for cases. Any cases that -- that are the result of the advocacy that I do, or however many we get, if it's a lot, it's a lot. If there's none, there's none. My paycheck's not affected by whether we get lawsuits. That's not what I'm being paid to do. I'm not hired to go out and gen up lawsuits. I'm hired to go out and do civil rights ad -- advocacy. And it's very clear at this point that she thinks that my job is nothing more than to get lawsuits and I was very disturbed by that. I was also disturbed that she was continuing to be a part of these meetings. So she -a clearly in the law firm meeting as, I guess a Commerce Group employee, a member of the board, I don't know, working for firm, Sclafani WiIllmas Court Reporters, Inc. 1.900-272-0404 102 1 DEF000118 1 2 3 to 11 12 13 19 is 16 17 16 who knows what the deal is. But I have somebody who I'm reporting to while she's in a law firm meeting telling me she expects 25 cases a week and suddenly this starts to feel like something very different than what I signed up for. And what it's feeling like is I'm really getting paid to go out and get lawsuits, which is not what I agreed to do. It was not my job description. Q. Well, were the lawsuits ever -- did you ever Itry to send the lawsuits to some firm other than the i O'Boyle Law Firm? A. I did as a matter of fact. There was a case that I tried to send to the -- to Thomas and LOCicero (phonetic), who in my estimation are the preeminent open government litigators in the state of Florida and have represented me personally for a number of years. There was actually a very good case with excellent facts. The University of South Florida, Barnes & Noble College Book Sellers, they operate the -- have the contract to operate the book_ store at USF as well as a number of other book stores around the state at State universities. And my brother and I went in there in April, I think it was April 24th, to -- I made a public records request on behalf of the foundation and he made a public records request on his on behalf and they told us no, we couldn't have -- we asked for the adoption Sclafan) Willimas Court Reporters, Inc. 1-800-272.0404 103 DEF000119 1 2 3 5 5 6 7 e 5 10 11 32 13 14 1s 16 17 is 19 20 21 22 23 2< 2s forms, the -- the book store sends out a recuest to all of the faculty asking which text books they'ra going to need for the upcoming semester and they fill out these adoption forms and we wanted copies of them. And the reason we were making this request is -- Barnes & Nobles got sued over this a number of years ago. In fact there was a Fourth DCA decision and it said that they have to make these forms available. They're clearly public record because they're acting on behalf of the 'university_ And the facts that they got in that audit were virtually identical to the -- I want it was a 19gs case, Hooksmart versus Barnes & Noble, virtually identical facts to the -- an appellate decision started to come down and I -- my brother continues to use Thomas and LoCicero. Thomas and LoCicero still represents me personally. It's ongoing public records litigation. And we shared -- Robert shared with them, my brother Robert shared with them, what happened and they expressed an interest in the case. It's interesting. It's a good case. And because the cause of action accrued in Hillsborough County and Thomas and LoCicero has an office in Hillsborough County and they are excellent public records litigators and appellate attorneys, and they had expressed an interest in it. I thought well, this would be -- this is the one -- if Sdafanl Wlliimas Court Reporters, Inc. 1-800-272-0404 104 DEF000120 1 2 3 4 s 6 7 6 9 to 11 12 13 14 is 16 17 19 19 20 21 22 23 24 25 we're going to refer One to another law firm, this is where I'd like to start. And so I sent an e-mail to Bill Ring asking his -- for his approval as chairman -- as president of the board to do that and he responded by telling me I couldn't do it. He and Denise had talked about it and I can't -- I can't refer it to them, that he's not inclined to let me refer any cases to any other law firm besides the O'Boyle Law Firm. Q. what was your reaction to that? A. I was very unhappy about that. And a lot of these things came to a head in May. I had a -- we had tried to schedule a meeting -- it was the first and only face-to-face meeting I had with the board the entire time I was there, and this was in -- in May. Q. Okay. Before you go to that -- A. Yep. Q. -- help the reporter and me, the law firm was (Thomas -- A. Thomas and LoCicero. Q. T-h-o-m-a—s? A. uh-huh. Q. And? A. LOCicero, L -- see, you're going to ask me to spell it and I'm going to he embarrassed because -- Sdafani Wllflmas Court Reporters, Inc. 1-000-272-0404 105 I DEF000121 1 2 3 S 5 6 7 e 9 10 LL 12 13 14 is 16 17 18 19 20 21 22 23 24 25 Q. LoCicerol A. Yeah, L Q. Just get close. Where are they, in what town? A. They're in -- they're in Tampa. Hold on a second, if I was writing it out I could tell you. I can look it up and tell you. I can give you the exact spelling here -- Q- And they represent you currently and have represented you A. For a long time. LoCicero, is capital L, lower case O, capital C -i -c -a -r -o. Q. And in Tampa, okay. A. Yeah. Q. You were going to give me the names of other clients that you had referred to the O'Boyle Law Pirm. A. Yeah -- Q. Al Gray -- Al Creeps. A. I'd have to go back and look. I can't remember. Q. Okay_ All right, now please, you were going jto -- you were going to go to May -- A. Yeah, no we -- Q. -- and then let's break. I'd like to get a little lunch. A. Yeah, sure. There were -- these issues that ScIM3nl Willimas Court Reporters, Inc. I -B00-272-0404 106 DEF000122 1 2 3 n s 6 7 6 9 1a u 12 13 14 1s 16 17 19 19 20 21 22 23 24 25 were -- that were building, the first was -- they're not in any particular order. It was the issue of -- of .Till Mohler making public records requests on behalf of the foundation without ny knowledge or authorization. And apparently a lot of them going to Gulf Stream, which I found deeply troubling. Then I.found out that a lawsuit had been filed on behalf of the foundation against Gulf Stream without my knowledge. Q. only one you learned of? A. I think there was one. Q. But you don't know now if there were more or -- A. No, I don't -- who knows. I mean the problem was no lawsuits were supposed to be filed without me authorizing them and me supervising the -- the litigation and making decisions about settlement. And then I come to find out that now a lawsuit had already been filed against Gulf stream without my knowledge. Q. Do you know which lawyer filed it? A. I don't know. Somebody at the O'Boyle Law Firm. Q. Do you know if Jonathan O'Boyle had any direcLion -- directed that? A. i don't know. Q. Okay. How did you learn that a lawsuit had been filed by the foundation against Gulf Stream without Sclafani WilOmas Court Reporters, Inc 1-800-272-0404 107 DEF000123 1 2 3 4 S 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your knowledge? A. I want to say that -- I think Giovanni Mesa had mentioned it to me because he didn't -- he was expressing real concerns, ethical concerns, as well, very much like what Marrett had -- M.arrett Hanna had expressed. So leading up to this -- this meeting, which I believe we had on May 19th -- Q. This is the board meeting, the only board meeting that ever occurred? A. Yeah, and just kind of leading up to that, on May 7th I got an e-mail from Denise DeMartini where she is talking about having access to CLEO, which was the firm's case management software. So she has direct access to the firm's -- Q. The law firm's7 A. The law firm's, yam. Q. You didn't have access to that -- A. No, I didn't have access. No. 0. What was your reaction when you found out she had access to -- CLEO is the firm's -- that's the -- that's the short name for the firm's A. Yeah, it's their -- it's their -- yeah, it -s their case management software. The e-mail, this is•May 7th, 2014, "I have attached Jeff Gray and Jeff Fraser's report", Jeff Fraser is another client, "are there any Sdafanl Willimas Court Reporters, Inc 1-800-272-0404 108 DEF000124 1 2 3 a 5 6 7 a 9 to 11 12 13 14 is 16 17 16 19 20 21 22 23 29 25 other clients you need or is this just -- just the three that you need?" And then she later says to me --.later that day I get an e-mail from her. She's -- I get copied on this. This is to Beth canali, who is the paralegal, -Please review the cash report and tell me if this matches your records? This in what came out of CLEO, so it should be accurate.- I mean she clearly has access to -- Q. So the law firm has given her records regarding all of the clients that she's giving you as the foundation executive director? A. Yeah. Why would I -- why would I -- I mean I'm interested individually, and even as the executive director of the foundation. I'm interested in -- in general terms, getting a sense of, you know, if I've referred Jeff Fraser or Jeff Gray or Al Crespo, are you guying taking care of them, you know, how'a -- you know, as an advocate for open government, I'm interested to hear the details generally Q. Right -- A. -- about -- about how things are going. And her response is that she's been climbing around in CLEO and she can give me the -- all the details. Q. so not only are they discussing these clients - cases in your presence at law firm meetings, but now Sdafani WI19mas Court Reporters, Inc 1-800-272-0404 109 DEF000125 11 14 15 is 17 18 19 20 21 22 23 24 29 A. Yes. Q. What was your reaction to that? A. Well, what about attorney/client privilege and -- but more important to me than that is the -- why is it that the person that I report to, who is a member of the board, why is she involved with the day-to-day ,operations of the law firm? This seems like a very serious problem especially when this person is now 'telling ate that she expects me to generate 25 cases a week. And then she and Sill are telling me you can't refer cases to any other law firm. I mean it becomes -- now it's becoming clear to me that we are having a failure to communicate. I understand that I work for a foundation that's independent of Marty's influence and independent of the firm's influence. I understand my job is to go out and do civil rights advocacy. And if litigation results from that, I make the decision about where that -- what law Lirm it gets referred to. I make the decision about commencing litigation. I make the decisions about settlements. I make the decisions about litigation strategies. I'm the only person that authorizes public records requests be made. That's my understanding. And what I'm beginning to see is that's Sdafani W1111mas Court Reporters, Inc. 1-800-272-0404 110 1 DEF000126 1 a 3 4 s 6 7 s 9 ID 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 not what's happening, that -- and I -- you know, in an .effort to try to not overreact, I sent a series of e-mails about this. I sent memorandums to the board about this. And it led to a meeting which I requested which we ultimately had on May 19th Q. Before you get to May 19th A. Uh-huh. Q. -- there's a couple little things I want to -- A. Yeah. Q. -- clarify. If you -- if you authorized a public records request be made, would you do that by e-mail or orally? How would that be done and who on your staff would make it? A. The only people I ever authorized to do that would have been Dylan Bouscher, who's an intern, and Cathy zollo. Q. So any that were made by people other than those were not authorized by -- A. That's exactly right. Q. okay. And if you authorized the lawsuit to be filed, would you -- how would you do that? A. General -- it could be either verbally or in writing. Q. Okay. And who would you give the authorization to? Sclafanl Wlllimas Court Reporters; Inc. 1-800-272.0404 DEF000127 1 2 3 S 5 6 7 B 9 10 15 16 17 19 19 2a 21 22 23 24 25 A. The -- well, to the law firm, you know -- 4• Would you keep records of any lawsuits that you did authorize for their -- A. No, that was one of the -- that was one of the first -- that was one of the ongoing issues that we had, was there were so many cases, so for example, on -- on May 16th, I have an e-mail exchange with Denise and she's really very, very eager to find out about how many cases were filed. So I go back, and it was very difficult to piece this together because the firm was -- would -- had great difficulty in generating any kind of a report that would show me what cases had been referred, what cases had been filed, wbat'a the status. So as best I was able to piece together, I gave her a summary, which she then responded to me, "Joel, .according to the case management spreadsheet you sent me, I come up with the following number of cases. Please let me know if this is correct and whether they include all your people, Jeff dray, et cetera", and I assume she means the people that I referred to the foundation -- or the firm. January, there were ten canes. February there were 25 cases. March there were 35 cases. April there were so cases. And May thus far, 51 cases. And this was sent to her on May 16th. And she expressed to me on more than one occasion her Sclafani Willimas Court Reporters, Inc. 1-800-272-0404 112 DEF000128 1 2 3 a s 6 s 9 30 11 x2 13 14 is is 17 is 19 20 21 22 23 26 25 frustration that I was not -- you know, like there should be more cases. And my response is no, there I, shouldn't be. There -- there will be however many there are. Q. Did you ever check to see if these cases had all been authorized by you to be filed? A. Well, what -- the numbers that I'm giving her are ones that I -- that either I have referred to her for -- on behalf of the -- not to her, referred to the firm on behalf of the foundation or people that I have referred to the firm that I thought were, you know, meritorious cases. Q. Okay. so these are -- these cases that you looked at on this sheet are the cases that you either referred or authorized to be commenced? A. Yes. Q. Okay, so you know about that. So if there are others that were filed -- A. I don't know about them. Q. You didn't authorize them? A. Right. So -- Q. Does this chest list all the names of the cases that you authorized to be filed? A. Yeah, it should have. Yeah. Q. Okay. All right. Sclafanl Wllllmas Court Reporters, Inc. 1-800-272-0404 113 I DEF000129 1 2 3 4 s 6 7 e 9 10 11 12 13 14 is 16 17 is 19 20 21 22 23 24 25 A. Yeah. So I had gotten -- prior to this -- thin meeting with the board, Bill and Denise, I had gotten a document from .Till Mohler that was sent apparently on behalf of the foundation, the board, called Procedures and Protocol. If you want to stop for lunch, this might be a good time to do it before we get into more detail or -- Q. Okay, that's perfect. A. Is that okay? Q. That's perfect. So we're going to start -- that's May 19th? A. May 19th, yes. MR. SWEETAPPLE: We'11 start at May 19th when -- when I come back. All right, thank you. THE VIDEOGRAPHER: we're off the video record at 1:04 p.m. (A short recess was taken.) THE VIDEOGRAPHER: We are on the video record at 2:04 p.m. Q. All right. Mr. chandler, I think when we broke you were at May 19 in your -- A. Yes. Q. -- narrative. A. Yes. 90 on -- after several weeks of trying to schedule a meeting, what ended up being the first and Sdafanl Wdlimas Court Reporters, Inc. 1-600.272.0404 114 DEF000130 1 z 3 a s 6 7 a 9 10 11 12 13 14 i5 16 37 19 19 2" 21 22 23 24 25 the last face-to-face meeting with the -- with the board, I -- I drove down to Boca -- Deerfield Beach and had a meeting with Bill Ring and Denise Demartini. Prior to that, I had received a memorandum from .Till Mohler on behalf of the foundation. And again, Jill did not work for the foundation. And it was a memorandum entitled -Procedures/Protocol- and -- us I prepared a memorandum which I use as my notes for the meeting that I had with the board. So if you'll bear with me, I'm going to -- it's a couple of pages. I'm going to read this because it captures -- everything that's in this 'memorandum I addressed with the board specifically. So I wrote "I have read and thoughtfully considered the Protocol -- Procedure/Protocol memo, the memo that received -- that I received from Jill Mohler on Friday, May 16th, 2014. There are several points that I would like to address.- And again, I used what I'm reading now as -- as my notes for my conversation with Sill and Denise. "Specifically, the items enumerated 1, 2, 7, and e, each of these deal squarely with the question of who has the authority to make public records requests on behalf of the citizens Awareness Foundation and who has the authority to authorize the commencement and settlement of open government litigation or. behalf of the foundation. The memo expressly states that there Sdafani W1Ilimas Court Reporters, inc. 1-800-272-0404 115 1 DEF000131 1 2 3 4 5 fi 7 e 9 is 11 12 13 14 15 16 17 is 19 2s 21 22 23 24 25 !are four parties who have direct authority to make ,public records requests and to authorize the commencement of settlement -- commencement and settlement of open government litigation, Bill Ring, Denise DeMartini, Brenda Russell, and Joel Chandler. Additionally, the memo clearly states that each of those parties has the authority or power to delegate to, quote, anyone, end quote, the same authority. At this point, I want to express in unequivocal terms my disagreement with the aforementioned policies. In my judgment, it is imperative that only one person be given authority to make public records requests and to engage in and settle open government litigation on behalf of the foundation and that person should be me. It would be difficult to overstate the degree to which the foundation will be scrutinized by defendants, opposing counsels, the courts, and the legislature given the number of open government lawsuit s we are presently engaged in and the volume of cases we anticipate in the future. Based upon my experience in open government advocacy, I have estimated that we can expect to file about 100 cases per month. That number includes cases filed by the foundation and those the foundation has provided some meaningful assistance in bringing. To put that number in perspective, the top ten open government Sclafani Wilfimas Court Reporters, Inc. 1-800-272-0404 116 DEF000132 13 14 is 16 17 1n 19 20 21 22 23 24 35 litigators in Florida combined probably file less than 100 cases per year. We are, consequently, the focus of various well -funded and politically powerful adversaries. There are 412 municipalitiee, 67 counties, 66 sheriffs, Miami/Dade County does not have one, 67 school boards, more than 1,600 community development districts, 20 State Attorneys, 20 medical examiners, more than 100 State agencies, and thousands, perhaps as many as 10,000, State contractors. They are all subject to Florida's extraordinarily broad open government law land they despise what we do. More importantly, they are extraordinarily well -funded and collectively the most powerful political entities in Florida. Here I can speak from long personal experience. They will do whatever is within their power to stop us. They are presently scrutinizing public records requests that we make and every case we file. They are actively looking for opportunities to exploit any weakness they can find. And they communicate with each other to an extent that is shocking to the uninitiated. From my personal experience, they are willing to engage in threats of civil litigation, criminal prosecution, and violence. They're willing to launch criminal investigations and unlawfully access both DMV and criminal databases. They're willing to engage in criminal conduct as Sclafani Wllllmas Court Reporters, Inc. 1-800-272-0404 DEF000133 1 2 3 a 6 7 a 9 10 11 12 13 24 15 16 17 1B 19 20 21 22 23 24 25 evidenced by the prosecution and conviction of the general counsel for the school board of Polk County and criminal conspiracies. And they are most assuredly willing to gut Florida's open government laws in order to stop us. Because of that certainty, I believe that we must employ every effort to deprive our adversaries of any claims of misconduct on our part. In addition to a series of very practical reasons that I would be happy to articulate at another time, the fact that we live with targets an our backs should be reason enough to make us very concerned -- make us take a very conservative approach to making public records requests and engaging in open government litigation. This is ground that I've successfully navigated for the last -- for the past eight years and I've done so at great personal costs. Given my considerable experience in this area, I believe that I am extraordinarily well-equipped to help the foundation avoid the pitfalls that lay ahead. I am equally convinced that if I'm not given the authority and resources to do so, the efforts of the foundation will -- will result in an erosion of the public's right to know. 'My goal is to sustain what we are doing and to continue to work with the foundation to promote open government. I am absolutely committed to the cause of open government and I'm willing to serve Sclafani Willimas Court Reporters, Inc. 1-800-272-0404 lie DEF000134 1 z 3 4 6 7 e 9 1s 11 iz 13 14 is 16 17 18 19 20 21 22 23 24 25 at the pleasure of the board of directors and to be accountable to it. If, however, I do not have the confidence of the hoard to have both the resources and the authority.to act on its behalf, then I believe we should now consider how best to bring to a close my relationship with the foundation." I did not read that in the meeting that I had with Bill and Denise, but I did cover every point in there and then some. And this was the result of the series of concerns that I addressed earlier, the fact that public records requests were being made by parties that were not a part of the foundation that I did not know about, I did not authorize them, the lawsuits had been filed without my authorization, the fact that Denise DeMartini was functioning both as a board member of the foundation and she was involved with the day-to-day operations of the law firm -- Q. And also worked for Mr. Martin O'Boyle's company? A. And she worked for Marty O'Boyla, that's right. And my concern was that given the scrutiny that we were going to he under, we really have to behave ourselves. We can't do things that would allow anyone to legitimately claim that we were involved with things we shouldn't be involved with. and that if I did not have Sdafani Wllllmas Court Reporters, Inc 1-800.272-0404 119 DEF000135 I 2 3 4 10 11 12 13 14 15 Is 17 1s 19 20 21 22 23 24 2s the authority to -- to make decisions about litigation, settlements, and public records requests, that I didn't feel like I could continue to work for the foundation. Denise Denartini, her response was -- she was incredulous that I would quit my jab and her response was something to the effect that, you know, there's no !way you're going to quit a job paying you $120,000 a year. And my response to her was that if you don't -- I I!, think my exact words were if you guys don't stop this nonsense, I'm going to fucking quit. She again expressed her incredility that I would just quit and that -- I think this was on a Monday and I had -- was scheduled to be there all week because I was scheduled to be deposed in some cases later in the week. And when I went down on Sunday night, I checked into a hotel right up the street from the -- the foundation. I got a room for one night and I packed my bags or. Monday morning before I went into the office because I expected I was going to be going home. I mean my expectation was I'm -- I'm going to quit, and I told her that. So we broke -- took a break in the meeting and sometime later we reconvened and sill and Denise announced to me that they agreed, that I would be given sole authority to make public records requests, no one will make public records requests without my knowledge, Sdafani W11(mas Court Reporters, Inc 1-500-272-0404 120 1 DEF000136 1 z 4 s 6 v s 9 to 11 12 13 14 15 16 17 Is 19 20 21 22 23 24 25 that there would be no more cases filed without me being involved, that they had utterly and completely capitulated. Q. Now, did they tell you they tailed Marty in the recess, during the recess? A. They said they were going to talk to him. In fact at one point during this conversation, Bill told me that this is the way it has to be, all these things I wan objecting to. And I believe his exact words were that's the way big daddy wants it, meaning Marty O'Boyle, and he actually made a -- he said if -- if it's not going to be this way, then big daddy is. going to turn off the spigot of money. And my response was well this big daddy is going to turn off the spigot of cases. And Bill says so this is just a pissing match between you and Marty, i was like r guess so. I can tell you who is going to win. And his response was, oh, yeah, Marty. And I was like no fucking way. I guarantee I win this fight. There's no way I'm going to continue to be a part of this if we -- LE we don't stop thin nonsense. And again, this was the most -- probably the most volatile conversation we had during my tenure with the foundation. i had raised a lot of these issues prior to this and every time I sort of got the pat on Sciafani Wllllmas Court Reporters, Inc. 1-800-272-0404 121 DEFOOO137 1 2 3 9 5 6 7 e 9 18 11 12 13 14 15 16 17 18 19 28 21 22 23 29 2s the head, we're going to straighten up and fly right, we won't do it anymore, we're going to do the right thing, you're in control, we'll -- we'll, you know, defer to your judgment. And I -- I actually left this meeting somewhat optimistic that things were going to work out. In fact I went back to the hotel and checked back in and ended up staying for the week only to find out the next day that a lawsuit had been filed against Gulf Stream without my authorization and without my knowledge. So they did the same exact thing the very next day. Q. The next day they filed the lawsuit? A. The next day they filed the lawsuit without me knowing about it. Q. on behalf of the -- A. Citizens Awareness roundation. Q. Okay. A. Now, later that day, Marty called me into the conference room and it was just the two of us and he, said to me I got your message loud and clear and I understand this is the way it has to be. 6o I took from that him to mean that -- that, you know, okay, you -- you win, we'll do it your way and we'll all behave. unfortunately that's not the way things played out. So after the -- after that meeting on the 19th, on the 21st I was copied on an e-mail exchange between Sclafani Willimas Court Reporters, Inc. 1-600-272-0404 122 DEF000138 1 2 3 4 S 6 7 8 9 10 11 12 13 24 1s 16 17 is 19 20 21 22 23 24 25 Ryan Whitmer and Jonathan O'Boyle where Ryan says, on May 21st, 2014 at 5:03 p.m.,"John, do you have the draft CAFI," it's an acronym for the Citizens Awareness Foundation, "Do you have a draft of the CAFI fee agreement yet? we need one rather sooner rather than later." And this goes back again to my -- you know, I guess I sound like a broken record. I kept telling them we have to have fee agreements, we have to have fee agreements, which to my knowledge they never did. I certainly never signed one. Then on May 26th, things began to spiral out of control. I got a -- I had a conversation with -- the week. that I wan there, the week of the 19th, during that weer, Denise was there in the office in Deerfield Beach and I had talked to her and the firm on a number of occasions about trying to streamline the process of drafting complaints. And because many of these cases have very, very, very similar facts, it's unnecessary to draft a complaint from scratch. You're -- you're dealing with the same ionises over and over again and in many instances. Ho for example, I had done an audit of charter schools in Florida who are subject to the Public Records Act and I had done that electronically by e-mail, made the same exact request to each of these. Their responses were very similar. Those that violated Sclafani Willlmas Court Reporters, Inc. 1.500-272-0404 123 1 DEF000139 1 2 3 4 5 6 7 0 9 10 11 12 13 14 16 16 17 Le 19 20 21 22 23 24 2s the Public Records Act -- you know, there'e a limited number of responses you get; no, we're not going to give you the records, who are you, why do you want it, you have to make your request in writing, et cetera. And because you have this very repetitious process, it seemed foolish to me to draft complaints from scratch each time because it's time consuming and because it -- it opens them up to making errors_ And what the firm had done a number of times is they had taken a previously drafted complaint and gone in and just changed the names of the defendants. And a couple of instances they didn't make all the changes, so the style of the case says AHC and the -- in the body of the complaint they refer to a completely different defendant, which is certainly something you can cure by filing an amended complaint, but it looks foolish and unnecessary and I think terribly unprofessional. So in an effort to try to avoid that, my suggestion was that we -- that they use the -- Microsoft Word's mail -merge functionality. And, you know, basically you go in and you fill in some blanks and it populates the fields and wa-la, 15 minutes later you have a complaint. And I had asked them to do this over and over again and they had just kind of dragged their f set about it. And my concern was not so much the Sdafani Wllimas Court Reporters, Inc 1-800-272-0404 124 DEF000140 1 2 3 4 s 6 7 B 9 10 11 12 13 le 19 20 21 22 23 24 25 productivity issue as it was I wanted them to eliminate the possibility, or reduce the possibility, of having silly errors. So finally the week of the 19th, Denise seemed to be on board with that and she seemed committed to implementing that because she was apparently running the day-to-day operations of the firm -- Q. But did you ever believe she was employed by the law firm or just volunteer -- A. No, I don't -- no, I don't -- I don't think she was ever paid by the law firm. She was being paid by the same person who is financing -- she wasn't paid by the foundation either to my knowledge. She was being paid by Marty O'Boyle and her time is being spent managing me and managing the law firm. And while she's fulfilling both those responsibilities, she's demanding that I produce more lawsuits and, you know, where are !the lawsuits, why aren't you giving me 25 a week, and that sort of thing. So during this conversation that happened the week of the 19th, she asked me about helping the law firm implement this mall -merge functionality. And (during that conversation, she told me that she wanted me to draft a new template from scratch, a new verified complaint from scratch that the attorney= would use. Sdafani Willimas Court Reporters, Inc. 1-800-272-0404 125 1 DEF000141 1 3 4 5 6 7 0 9 la 11 12 13 14 is 16 1] IQ 19 20 21 22 23 24 25 And she sent me a follow-up on the 26th and she says "Would you please give me an estimated date on when I can expect the farm complaints. I have a very busy week this week and have to go out of town at the end of the (week, so I'm trying to schedule my days, thanks." And I responded to her -- that was at 3:04 in the afternoon. �At 1:10 that evening, I sent her -- excuse me, at 11:10 p.m. I sent her the following response: "Denise, after long consideration and a discussion with my attorneys, I've decided not to provide any verified complaints, template or otherwise. According to my attorney, doing so would constitute the unlicensed practice of law. Simply put, a non -attorney may not draft legal instruments for another person or entity unless he or she is doing so at the direction of a member of the Florida Sar. Drafting complaints is something I was able to do before because I was either working pro se or in the capacity as a paralegal." I'm talking about before I went to work for the foundation. "Unfortunately, that's not the case here. I'm sorry that I did not think about this more fully earlier last week. It would have saved me many hours of work and avoided disappointing you. By the way, I've added cases to the drop box." So I basically just refused to -- to draft the complaint because I really thought this was Sclaf ini Willimas Court Reporters, Inc. 1.800-272.0404 126 DEF000142 I 14 1s 16 17 is 19 20 21 22 21 24 25 unlicensed practice of law because she'a not an attorney- I'm not an attorney. It would have been one thing for the attorneys to ask me to do it. It was something all together different for a non -attorney to ask me to do it. She responds the next day with "Please give me a call to discuss. I'm only looking for you to assist me with setting up the mechanics in Excel for the mail -merge because you already have done it and I don't have the knowledge- I'm looking for -- I'm only looking for the template." And I had a follow-up telephone conversation with Bill Ring about this and I again objected thinking that Bill's a member of the Florida Bar, he'll -- he'll get it, he'll understand what my problem is. And Bill did not understand what my problem was. He thought it was perfectly Eine for Denise, a non -attorney, to direct me, a non -attorney, to draft a legal instrument. And as I explained to Bill, that in Florida paralegal is sort of a catch-all for non -attorneys. There's no regulation of paralegals. Anybody that wants to call themselves a paralegal is a paralegal. And paralegals are not authorized to complete any kind of legal instrument unless it's a fore that's been approved by the Florida Supreme Court, and that ain't this. Our -- you're asking me to draft Sclafanl Wlllimas Court Reporters, Inc 1-800-272-0404 127 1 DEF000143 1 2 3 4 s 6 a e 9 is ii Sx 13 14 is 1G 17 is 19 20 21 22 23 24 25 something from scratch, that is absolutely prohibited. And his rationale was I don't see the big deal, just do it. And again, I refused to do it. Q. At this time Mr. Ring is not a member of the law firm, he's -- A. Re's president of the foundation. Q. And an employee of Mr. O'Boyle's company -- A. Right. Q. -- Commerce Group? A. Right. Q. Or partner? A. Right. so, you know, now I'm beginning at this -- but at this stage of the game, you know, I've had this blow-out with the firm -- with the foundation board. They seemed to have gotten on board and then the next day I find out that they really are still filing the lawsuits without my authorization_ And as soon as Z caught them doing that, it was sort of like, well ghee, that one slipped through the cracks, we're sorry. But -- and that was also sort of the response -- Do you know which lawyer filed that? A. I don't. It would have been -- Q. we can look and see. A. Yeah, I don't -- I don't remember which one it Sdafani WIIllmas Court Reporters, Inc. 1.800-272.0404 128 DEF000144 1 2 3 4 s 6 7 e 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 0. But it filed -- if that's the day, it will have that date on the -- A. Yeah, I think it would -- I think it would have been filed on the 20th. 0. okay. A. Or it may have been filed the 19th. I didn't find out about it until the next day. But, you know, things just seemed to be escalating because we've gone from things that I -- were problematic for me because of the perception that it creates to what I perceive as ethical issues to what I perceive as potential Har violations to now I'm being directed by my direct superior, Denise DeMartini, both the president of the foundation who is a lawyer, not acting as an attorney, to draft lawsuits on behalf of the law firm. Well, I'm not a lawyer and I'm not really in a position to draw legal conclusions, but somehow that just didn't feel right. And I had talked to a couple of my own personal attorneys and the consensus was universally that that's QFL, it'a unlicensed to practice law. It's a felony. You can't do it. And I have been very, very circumspect over the years about making it very clear to people that contact me through my wobsite or, you know, in newspaper article or TV or a story comes out about something that I -m doing, and inevitably i get a barrage of phone calls Sclafani Wiilimas Court Reporters, Inc 1-800-272-0404 129 1 DEF000145 7 e 9 19 20 21 22 23 24 29 from private citizens wanting help, and I have been religious about, you know, giving my profunetory disclaimer I'm not an attorney, I'm not authorized or qualified to give you legal advice. I can tell you what I would do if I were similarly situated, but I'm not an attorney. If you go on my website, both the website that I had before the foundation, and I've resurrected that website since then, it very -- it very clearly states on there I'm not a lawyer. I'm -- I'm very, very careful ,about DPL. And it really concerned me that not only are they asking me to do that, but even after I explain -- expressed my concerns and explained my reservations, they still were pushing me to do something that I believe would constitute a criminal act. And they just seemed to have a total disregard for my concerns there. Then an May 28th, I get an e-mail from Denise 'because she's very frustrated and Jonathan O'Boyle are frustrated, both, because I'm insisting that every lawsuit that gets filed on behalf of the foundation be a verified complaint. And the reason I want these cases to be verified -- there are two reasons. One is I want to be sure the facts are right.' Secondly, that seemed to me to be a pretty solid way of eliminating the possibility that -- that lawsuits are going to get filed Sclafani MUMS Court Reporters, Inc 1-800-272-0404 130 DEF000146 1 2 3 4 5 6 7 9 30 11 12 13 14 is 16 17 is 19 20 21 22 23 24 25 without my knowledge. If every one of them is verified, and I'm the only person that's verifying them, it's (going to require my physical signature before it gets filed. And Denise sent me an e-mail on the 28th -- Q. And again, she's not an employee of the law .firm at this time? A. No. -Joel, I understand that we are back to you certifying the complaints before they are filed. I also understand this requires a notary. John,' Jonathan O'Boyle, "and I would like to discuss this procedure with you to better understand your thoughts of doing it upfront whereas John thinks it can be done just as easily after the filing", which I just was completely baffled by that. I mean you can't verify a complaint after it's been filed, it certainly sounds like John is involved with giving legal advice to Denise Demartini who is the board member that I report to and is wanting to give me legal advice as executive director of the foundation, trying to explain to me why I need to be verifying complaints. Q_ And he's not a lawyer in Florida? A. To my knowledge, he is not a member of the Bar in Florida. Q. Al2 right. A. Then moving on, 1, on June 2nd, we talked about Sdafani Wllllmas Court Reporters, Inc. 1-800-272.0404 In DEF000147 2 3 e 10 11 12 13 16 is 16 17 is 19 20 21 22 23 24 2s this a little bit earlier, on June 2n6 I traded e-mails With Bill Ring. I was seeking authorization for the' board to refer the Barnes & Noble case to Thomas and LoCicero and I got an e-mail from Bill -- well, here's -- here's what I asked him on June 2nd -- Q. You're writing him as -- A. I'm writing him -- Q. -- president of the -- A. I'm writing -- I'm writing him as the president of the foundation, "Going back to a phone conference that Marty and I had with Bob Twill", who's a tax attorney in West Virginia, "the issue of using a law firm other than the O'Boyle firm has come up. The ,rationale is that if we use the O'Boyle Law Firm exclusively, it will appear to be solf-dealing by the IRS. Although there may not have been any concrete suggestions as to how many cases should be referred elsewhere, the consensus has been we should refer at least some elsewhere. With that in mind, I would like the board to authorize me to engage Thomas and Locicera to take one case, CAFI V. Barnes & Noble. My brother Robert was with me when I visited the OSP campus back store. The book store is operated by Barnes & Noble. Robert mentioned the facts of the case to one of the attorneys that Thomas and LoCicero and they have Sclafani Willimas Court Reporters, Inc. 1-800-272-0404 132 DEF000148 1 2 3 4 s 6 7 12 13 14 is 16 17 is 19 20 21 22 23 24 2s expressed an interest in the case. I've not yet discussed this with Thomas and LoCicero. Thomas and LoCicero is a preeminent open government law firm in the state. Greg Thomas, the firm's senior partner, has argued many of the landmark public records cases, many of which are regularly cited in briefs written by the O'Boyle Law Firm. I would ask them to take the case on the same terms as the O'Boyle Law Firm, contingency with the firm bearing all litigation costs. I suspect that 'T -Lo", Thomas and LoCicero, "is interested -in the Barnes & Noble case because it is in Tampa and because Barnes & �INoble is -- was sued over virtually identical facts in a case that was made that made its way to the Third DCA a 'number of years ago. I think an appellate decision is 'what T -Lo is most interested in. Let me know if there ,are any questions or concerns. I think we need to refer something to someone other than the O'Boyle Law Firm and this would be a good case to use for that and T -Lo would always be my first choice, it will enhance the standing of the foundation." And what I meant by that is Thomas and LoCicero, Greg Thomas in particular, is so highly regarded on open government issues, having him represent the foundation would have elevated our stature. And I was hoping that this would be the first of many cases that I would be able to refer to other law firms. Sdafani Willimas Court Reporters, Inc 1-800.272-0404 133 DEF000149 1 2 3 c s 6 7 e 9 10 11 12 13 14 is 16 11 1s 19 20 21 22 23 24 25 And Thomas and LoCicero has always been very, very picky about the cases they take. They're not really interested in run-of-the-mill simple public records violations. They're not interesting to them. They want something that's going to be -- typically things that are going to lead to appellate decisions, Land Greg has a lot of them. Bill's response later that day was •Denise and I are speaking with Mr. Twill of Jackson Kelly again this week, most likely Wednesday or Friday, however at this point I am not inclined to authorize CAFI to engage another law firm based upon my last conversation with Twill. We will be -- get back to -- to you with a definitive answer after that conversation." And, you know, the -- what I got back from him was no, we can't do it, the only firm we re going to give cases to is the O'Boyle Law Firm, which again had been one of the conditions I laid down with Marty in the very beginning, that we have to be able to use ocher firms. Q. So all of the cases that were filed by Citizens Awareness were filed by the O'Boyle law Firm? A. To my knowledge, yes. Q. Ones either you authorized or that were not authorized by you? A. Correct. Sdaiani Wlilimas Court Reporters, Inc. 1-800-272-0404 134 1 DEF000150 1 2 3 9 5 6 7 s 9 10 11 12 13 14 35 16 17 is 19 20 21 22 23 24 25 Q. Okay. And they -- were they all filed -- were they all contingency fee cases, in other words they only got paid fees if they recovered them from the defendant? A. Yes. Q. Okay. And there was no written agreement discussing how filing fees were to be covered or reimbursed or who was responsible? A. Well, the fine -- no, the -- in practice what happened was the -- the firm, the O'Boyle i.aw Firm, would pay all the litigation costs, filing fees -- Q. But there was no written agreement discussing who's going to be responsible for those or -- A. I've never seen a written agreement. Q. -- or how the fee was going to be determined or -- A. No. Q. -- what rate would be used by what lawyers? And there was no written agreement of a contingency contract that said anything like that? A. Correct. so that was -- that exchange was on June 2nd. So my mindset at this point was I have other people outside of the foundation that are making public records requests without my knowledge or consent, without my authorization, lawsuits are being filed without my authorization, cases that shouldn't have been Sclafani MIUMas Court Reporters, Inc. 1-800-272-0404 135 DEF000151 1 2 3 4 s 6 e 9 19 11 12 13 14 is 16 17 in 19 20 21 22 23 24 25 filed in the first place. They were defective cases, meaning that the facts weren't good. My -- my standard for cases that I would approve of is very, very high and my brother Robert and I have a running joke. It's WWGD, What Would Greg Do, Greg Thomas. You know, he's sort of the standard that we use. And.just so we're clear, he has -- has never had any affiliation or anything to do with the foundation or the O'Boyle Law Firm. But he's the -- has been my attorney for many years and I hold him in very high regard. He's the standard by which all attorneys are measured in my book. And, you know, my view of this is that bad facts make bad law and I don't want adverse decisions because that doesn't support what I'm after, which is more access, not less access. And I -- so I was very fruatrated that he had these cases that were being filed that shouldn't have been filed. In addition to that, I'm being told that I have to produce 25 cases a week. I'm being told that I'm not allowed to refer cases to other law firms. And this is really at this point -- by early June it's really beginning to feel like this is not something I can continue to be a part of. Q. And -- and no one's doing what they're telling you they're doing, they're not -- A. Right, I'm repeatedly -- yeah, and it's -- Sclafanl WiMmas Court Reporters, Inc 1$00-272.0404 136 j DEF000152 1 2 3 4 5 6 7 e 9 10 11 12 13 14 1s 16 17 is 19 20 21 22 23 24 2s it -- and, you know, sort of the grand scheme of this is the thing starts in January. We're very -- I'm very busy in February trying to get things lined up, get the (website up and business cards and, you know, get things I�going, I mean meeting with the legislature and in iFebruary I'm meeting with Barbara Peterson in Tallahassee. In February I'm all over the state meeting with civil rights groups. And more or less I'm left alone until towards the end of -- of April, Denise becomes very involved and that's when things take a very, very radical shift and there's the -- there's just one problem after the other. It seems about every week or two there's some major issue that comes up. Q. And did you conclude that what Denise was doing was at the behest of Martin O'Boyle? A. There's no question in my mind about that. Q. And at the behest of Jonathan O -Boyle? A. There's no question in my mind about that. Q. okay. A. so on June 11th, at this point I -- I've just come to the -- I'm concerned that I'm not going to be able to continue to be a part of this. I recognize that I'm sort of predisposed to -- as Greg described -- Greg Thomas describes it getting up on a ledge. You know, I'm concerned that maybe am I -- am I exaggerating the Sclafani Willimes Court Reporters, Inc. 1.800-272-0404 137 1 DEF000153 14 is 16 17 is 19 20 21 22 23 24 25 significance of these things, is it -- is it my ego, is it -- am I just pissed off because I'm not getting my way. So I really wanted to talk to somebody to kind of, you know, get -- get a gauge on what's going on. So between June 2nd and June 11th, I spoke with 11 different attorneys that I've worked with over the Years. Some of them currently represent me. Some of them represented me in the past. some of them I knew socially. And I presented to each of them the basic facts of what were going on -- Q. What you described to me but -- A. Yes. Q. -- in a synopsis? A. And of those 11 attorneys, all 11 of them had the same reaction, and that is what's happening is -- certainly there are a series of very serious Bar violations, what may -- was going on may very well rise to a criminal act and you need to get out. So the -- the litmus test I had was Greg Thomas. so I -- I scheduled an appointment with crag and I met with Greg and two of his associates and I expressed to him what was going on. I remember right after I took the job at the foundation, I met with Greg and laid out the arrangement and these safeguards that I put into place and be cautioned me, you know, as long as Sclafani Willimas Court Reporters, Inc I-800-272-0404 138 DEF000154 1 2 3 s c 7 a 9 30 11 12 13 14 is lE 17 is 19 20 2L 22 23 26 2s everything is independent, then this could he a wonderful thing for -- for the public. And now four or five months later it's vely clear to me that things aren't what we thought they were going to be, so I want to get his take on it. So I met with Greg on June 11th in his office In Tampa and he echoed this -- the reaction of the previous 11 attorneys that I spoke with. I think his exact words are, you know, why are you stili there. Novi, he did also say, you know, this -- because this has the potential to be such a wonderful benefit to the public, you know, can you try to fix it, is there -- is there any possibility of trying to fix it, you know, try one more time to fix it, but if you can't, you need to get out. Then the next day I met with Barbara Peterson, who is the president of the First Amendment Foundation. She's also an attorney. she and I are very good friends and you'll recall earlier in our -- in my narrative I met with Barbara right after the creation of the foundation. She's the person that actually introduced me to Marty O'Boyle. And I was very concerned about how this might impact her because the -- the Citizens Awareness Foundation I had with the approval of the board and Marty O'Boyle's direct approval, I had agreed Sdafani WIIlimas Court Reporters, Inc. 1-800-272-0404 139 DEF000155 21 22 23 24 2s to sponsor the First Amendment Foundation's Sunshine seminars, which they do each fall and they do ten of these around the state and they're very well attended, in fact they're approved by the Florida Bar for CLE. It's a big deal. And we were going to pay for everything. We were going to -- we were going to provide box lunches for all of the attendees and give away Sunshine manuals. We were going to pick up the tab for everything. And as part of that, we were going to get, you know, acknowledgment that we were paying for it. And thin was very important to me bocause the First Amendment Foundation is so highly regarded by the legislature, i mean if a -- if there's new legislation that affects public records, the first thing the legislators do, they call Barbara and find out is this good or bad_ it's a big deal. She is taken very, very seriously. In fact she was a chairwoman of the governor's commission, open government reform. I mean she's a big deal. And the idea that we would be able to be aligned with her -- and during this time by the way, I actually participated in a press conference with equal billing with Barbara. I mean I had really worked very hard to affiliate the Citizens Awareness Foundation as much as I could with Barbara Peterson -- Q. And with legitimate officials and legitimate Sclafani Willlmas Court Reporters, Inc. 1-800-272.0404 140 DEF000156 1 2 3 a s 6 7 e 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 public interests? A. Yeah. Yeah, absolutely. Yeah. Yeah, and not in a manipulative way -- 0. No. A. -- in a -- in a we're -- you know, we're on the same side. And I was concerned that as -- you know, I had worked so hard to do that and Barbara had been in -- I think allowed me to do that because of me, not because of the foundation, because of my relationship with her. I was concerned that I may have put her in a position might cause her some embarrassment. Soshe was meeting with her board in Tampa on June 12th and she was kind enough to -- to meet with. me at the hotel in Tampa. And I started describing to her what was going on and she had almost the -- verbatim, why are you still there, you need to go. But again, with the same sort of, you know, this has the potential to be such a wonderful thing, is there any chance of fixing it, maybe you ought to take one more crack at fixing it, but if you can't, you need to go. And I think her exact words were if they won't do what you want them to do, you need to tell Marty O'Boyle to go fuck himself. She cusses like a sailor, delightful lady and a very dear friend. Ironically, I when I was meeting with her, I Sclafani Willimas Court Reporters, Inc. 1-800-272-0404 141 1 DEF000157 1 2 3 4 5 6 7 a 9 10 11 12 13 14 1s 16 17 1s 19 20 21 22 23 24 2s got a phone call which I did not take and when I got up to the parking garage of the hotel, I returned the phone call and the phone call was to Bill Ring. And Bill put Denise DeMartini on the phone and Jonathan O'Boyle, so it vras a conference call with the four of us. And this is at the Intercontinental Hotel in Tampa. That's when the conversation began. And the conversation did not end until I had almost gotten all the way home in Lakeland, so we were on the phone for about an hour. And the conversation resurrected an issue that had come up once we started getting involved, we the foundation started getting involved, with litigation against state contractors. while we were litigating against publically operated agencies, municipalities and State agencies, the firm had been pretty good I think about just asking for their actual hourly billable's and expenses -- Q. clow, this is not a conversation with -- at the law firm regarding any legal advice -- A. There wasn't a single lawyer on the -- the only people that were on this phone was Sonathan O'Boyle, who is not a lawyer in the state of Florida, and Denise Demartini -- Q. And your board? A. And Bill Ring as president of the board. so Sclafanl Wil(imas Court Reporters, Inc. 1-800-272-0404 142 I DEF000158 13 18 is 16 19 is 19 20 21 22 23 24 25 there's nothing privileged here. And what had started happening was once they started litigating against contractors, who are notoriously had actors when it comes to public records access, what they were doing was demanding flat monetary settlements. When I say flat, I mean just pick a number. The problem that i saw with this, and I raised this issue repeatedly with the board, and this was the -- the purpose for this conference tali, it the O'Boyle Law Firm's actual fees and expenses are at $250 an hour, let's may are $1,500, and they demand $5,000 from the defendant and the defendant agrees to pay that, what happens to the windfall, the difference between.their hourly billable's and expenses and the total number. My reading of the Florida Bar rules is that that would constitute a contingency fee arrangement and that a percentage, not less than 60 percent, has to go to the client. The problem is I had told State Legislators and reporters that the foundation was not profiting from the litigation. We don't get any of the money. well, Jonathan's solution to that is fine, we'll keep it. Well -- Q- That's what he said to you? A. Yeah. Oh, yeah, we got -- we got into it over this. In fact, this issue had come up before. There were several instances where Giovanni Mesa, one of the Sdafani Willlmas Court Reporters, Inc. 1-800-272-0404 143 DEF000159 1 a 3 a s 6 7 a 9 to 11 12 13 14 Is 16 17 10 19 ao 21 22 23 24 25 attorneys at the O'Boyle Law Firm, was engaged in settlement negotf'ations and would call me. He was a good attorney, straight arrow, trying to do the right thing. And he would call me and say look -- Q. Don't get into any -- is this lawyer/client or is this with the foundation where in your -- A. Yeah, it might be. Yeah. Q. Then don't -- A. Let me just -- suffice if to say, this wasn't the first time this issue had come up -and I had made my views on this very, very clear, that the -- if you're going to claim attorney Lee and expenses, it really has to be your attorney's fees and expenses. You can't be getting more than that. And what I have told attorneys is if you've got $1,200 in fees and expenses at this point, I think it'a perfectly fine to tell opposing counsel, you know, today I'm at $1,200, it's going to take us probably another hour to draft this up, so I'm, going to add, you know, another two hours to this and I will -- you know, I'm estimating we're going to close this out at $1,700. I think that's perfectly fine as long as you -re communicating to them what you're doing. What I'm not okay with is suggesting in some way that your fees and expenses are $5,000 when they're really only $1,200 -- Sclafanl U111mas Court Reporters, Inc. 1-800-272-0404 144 DEF000160 1 2 3 t s 6 7 s 9 10 11 12 13 24 1s 16 17 1s 19 20 21 22 23 24 25 Q. And that's what you believe was occur -- A. I believe that they -- I believe they were either -- either suggesting that, if not outright saying it, or they were not saying that and just saying this is a monetary settlement for $5,000 and keeping all the money. Either -- either one would be a serious Har violation. Q. Did they provide the foundation -- when you were there, did the law firm provide you with any closing statements? A. I have never seen a closing statement. Q. Had they A. Ever. Q. Had they ever provided you with any documentation showing how much they collected in fees on cases that were settled? A. Never. Q. Have they ever sent you, while you were at the foundation, a schedule of any expenses that they incurred? A. Never. Q. So you've had no financial reporting from the law firm at all? A. No. No, and I made it very clear to them that -- that my understanding, and I feel very strongly Sclafani Willlmas Court Reporters, Inc. 1-900-272-0404 145 DEF000161 1 2 3 a 5 6 7 e 9 10 11 12 13 14 is 16 17 is 19 as 21 33 23 24 2s about this, is that they have a very clear obligation to have a written fee agreement and at the close of every single cane, I would have to see a closing statement -- Q. And sign it, right? A. That's correct, that I would have to approve the closing statement and then it was -- it was a serious, a very serious Bar violation, to disperse any funds without the client agreeing to the closing statement. They can't pay themselves. They can't pay anybody until they presented a closing statement and I've agreed to it. Q. And did you tell Jonathan O'Boyle -- A- I did. I told Jonathan that. I told Ryan that. I told Giovanni Mesa that. I told marrett Hanna that. Harrett Hanna and Giovanni mesa I think were very much in agreement with me. I think that Ryan, to a very large extent, was in agreement with me. There was a -- it would be privileged. I can't say that. Q. Let -- I appreciate that. let me ask you this, %,he -- who was the bookkeeper that ran the accounts at the firm? A. It would have been Carla Bucletchen (phonetic). Q. okay. And when the firm advanced costs, were those monies put in trust from the -- from the foundation? Sdatani Willimas Court Reporters, Inc 2-600-272-0404 146 1 DEF000162 1 z 3 4 s fi 7 8 9 1s u 12 13 14 15 16 17 is 19 zs 21 22 23 24 25 A. No. Q. Did the foundation give money for the -- A. No. Q. They came from the firm itself? A. Yes. Q. Or from Mr. O'Boyle, you don't know? A. I -- not from the foundation that I'm aware of. Q. Okay. so they were -- A. 2 mean I'd actually -- I had actually suggested at one time because -- you know, think of Marty as the bank. You have one guy. He's either loaning money to the £oun -- to the firm or he's giving contributions to the foundation, but the money is coming from the same place either way. My suggestion at one time was that instead of Marty loaning money to the firm to be used at -- for filing fees, that he simply give that money to the foundation and then the foundation would make litigation grants. I proposed that because I thought it would be -- it would add some validity to what we were doing and that I would be in a position to be able to make those grants on behalf of citizens who wanted to -- to litigate, which i thought was useful for a number of reasons. One is there are lots of people out there who simply don't have the means to litigate. I thought it would make the whole thing that we were doing seem much Sclafani WIIIImas Court Reporters, Inc. I -B00-272.0404 147 DEF000163 i 2 3 14 is 16 17 16 19 20 21 22 23 24 25 more legitimate if you have more than just one primary plaintiff. I mean if you have -- if the O'Boyle Law Firm has six clients and the Citizens Awareness Foundation represents 95 percent of their caseload, that might look, if not -- if not inappropriate, it might look fishy. we'd be far better off if -- if we were willing to help individuals and other organizations, other civil rights groups, to be able to do litigation by giving them the grants. And I didn't get any traction with that suggestion. O. Okay. So -- no after you had this one-hour conversation where you were, I take it, arguing as to how the firm was attempting to pay itself, or paying itself, or Mr. -- how Jonathan O'Boyle thought the firm should be paid, what occurred? A. Well, I was pretty near apoplectic. I mean I was really animated about this because this was a really, really big issue for me. Partly because if the foundation was going to get any of the money, you know, it's going to damage my credibility with -- with reporters and with legislators who I have assured this is not what we're doing_ If on the other hand the foundation -- the firm is just keeping this windfall, I think that's a very serious Bar violation. You just can't do it. And they kept telling me that they had Sclafani Wllilmas Court Reporters, Inc. 1-800.272-0404 148 1 DEF000164 1 2 3 a s 6 e 9 10 it 12 23 la is 16 17 10 19 20 21 22 23 24 2s a -- an ethics opinion -- Q. Okay, don't -- don't -- there was a -- A. Well, this isn't privileged because -- what I'm going to say is not privileged because -- Q. Okay. A. -- Jonathan O'Boyle, whole not as attorney in Florida, said this to me and to the board of the foundation, so I don't think this is in any way privileged. In fact, they sent me a copy of it, so I know it's not privileged, that there was an opinion letter from an attorney, Kevin Tynan (phonetic), who they kept talking about as being this amazing, wonderful, highly regarded ethics attorney, who said all this is okay. And my response was I've talked to 13 attorneys who say that it's not. Well, our guy knows what he's talking about and he knows what ha's doing, to which I responded well, I could paint any hypothetical to any attorney I want and get the answer that I want. I mean, you know, it depends on how you ask the question_ I suspect that if I were to -- if I were to describe to this guy what I believe is going on, I think I'd get a very different answer than what you're getting. Q. Right. A. And they were really adamant that's not the Sclafani Wlllimas Court Reporters, Inc 1-800-272.0404 149 DEF000165 1 2 3 a s 6 7 e 9 10 it 12 13 19 is 16 17 is 19 20 21 22 23 2t 25 case, that this is okay, we want you to agree to do this, and I was like there's no way I'm going to agree to do this. And I -- the way I left it with them is I'm willing to be -- the way -- I think my exact words were I'm willing to be disabused of my opinion, but until I am, we're not doing it. Q. And were any cases on behalf of the foundation settled by the O'Boyle Law Firm? A. Oh, yeah. Q. Hew many? A. Well, I have no idea because they were engaging in settlement negotiations without my authority. Q. Okay. And -- A. So -- so -- I mean Q. And you've never seen any closing statements, you've never signed any closing statements while you were there, and while you were there they were settling cases on behalf of the foundation and not accounting to the foundation? A. Right. And what I told them -- and just no I'm clear I -- you know, I've worked with many, many, many attorneys aver the yearn on public records litigation and as I said, Greg Thomas, who is not in any way involved with any of this nonsense, is the -- you know, the standard by which I measure all other attorneys. I Sclafani Willimas Court Reporters, Inc. 1.800-272-0404 DEF000166 i6 17 1e 19 20 21 22 23 24 25 would trust Greg with a million dollars cash. I'd trust him with my life. I think he's just -- in as honorable of a man has ever been a member of the Bar -- Q. It's nice to know there are attorneys like that. A. There are -- there are a few of them out there. But even with Greg, as high as my regard is for Greg and for his firm, I insist that I see every communication. If you're going to communicate with opposing counsel, I want to see it without exception. I want to know what's going on. I -- and part of it is intellectual curiosity. I -- I mean I -- one of the reasons why I think I have some expertise in this -- on this field is because I've taken that approach. I want to see what's going on. If there's a hearing, I want to go. I want to be involved with every step of the process. And I communicated that same expectation to the O'Boyle Law Firm yet they did not do it and that becomes very clear when they were engaging in -- I mean not only have they -- they -- settling cases without me knowing about it, but they're not even telling me that they're engaged in it. I haven't even authorized a settlement. Q. And they're asking for mnie in fees than they're entitled to and not even agreeing with you in a written closing statement what's happening with the Sclafani Will'unas Court Reporters, Inc - 1 -800-272-0404 151 1 DEF000167 1 z 3 4 5 6 7 e 9 10 11 12 13 14 is 16 17 is 19 20 21 22 23 24 25 money? A. Right. Bill Ring told me on more than one occasion, and this is a quote, it's none of your fucking business how much money they're getting. Q. So that's what he told you when he was president of the foundation? A. Yee, it's -- it's none of our business what they're getting. They -- if they can get $10,000 for a case where they only have $500 worth of work in it, so what, good for them, why -- why should you care. And my response was I care because number one, if it's a public agency, there's -- there's tax dallars that are being spent and, you know -- Q. Maybe defrauded? A. Potentially. And even if it's contractor who's a for-profit corporation who's getting rich on the backs of taxpayers by screwing them and not delivering on the contract like they're supposed to, who I'm not very sympathetic towards, I -- I don't want to cheat. I win fair and square. When I go into court and I kick the shit out of some attorney over a public records issue, I do it fair and square. I don't have to cheat. 1 have really good facts. I don't file unless I have great. facts. And -- and that is a very important part of how I operate. If -- if opposing counsels figured out that Sdafani W111=5 Court Reporters, Inc. 1-800-272-0404 152 DEF000168 11 12 13 74 1s 16 17 16 19 30 21 22 23 23 25 I had crappy facts and I was, you know, playing on the margins, they'd figure it out very quickly and nobody would -- would take me seriously. Q. Okay. So -- so by this point, after this one-hour conversation, and all of the lawyers you met with, did it occur to you that Martin O'Boyle and the O'Boyle Law Firm were engaging in illegal conduct? A. I was concerned about that, yes. I -- I am -- I am very confident that if I were to draft a legal ,instrument for someone who was not an attorney, that that would be a felony. That would be unlicensed practice of law- And I have no doubt -- Q. what about if you as a law firm ask a government entity for $10,000 in legal fees when you've Hone $500 worth of work? A. Again, I think, it would depend on how it was presented. I think if you said these were -- our fees are $10,000 when you really only did $500 worth of work, I think that would -- Q. Any time you get money for work you didn't do -- you're only entitled -- the law firm is only entitled to attorney's fees. There's no money damages in these cases. A. flight, I think that -- I think the -- and not to put too fine a point on it, I think the issue is Sclafani Wliilmas Court Reporters, Inc. 1-800-272-0404 153 DEF000169 9 10 11 12 13 24 is 16 17 is 19 20 21 22 23 24 25 whether you're presenting it as entitlement. I agree with you. If you say I'm entitled to $10,000, you have to really be entitled to it. 0. Whit if you say I want 10,000 to settle the case? You're only allowed to collect, as an attorney, your attorney's Pees per the statute. How could you possibly collect more than your fees under any circumstances? A. I -- I think that -- that the -- I think -- here's the distinction, Q. Okay. A. If we're engaged -- if you and I are on the opposite sides of this and you represent -- Q. The government entity, I represent Gulf Stream -- A. Okay. Q. -- and you've sued A. Yeah. Q. Okay. And you've -- you've got -- you're the attorney and you have $500 worth of time. You just filed a template. You call me up. I call you. We admit we did wrong. How can you even say I'll take $10,000 to settle the case? A_ I would -- I would agree with you. i think that would be unethical to do that. Sclafanl Willimas Court Reporters, Inc. 1-600-272.0404 154 1 DEF000170 1 2 a 5 6 7 9 9 io 11 12 13 14 1s is 17 is 19 20 2L 22 23 24 25 Q. Why wouldn't it be criminal? Why wouldn't it be defrauding the government of money? A. I -- again, I think if you were to -- if the attorney were to claim entitlement, I think it would be. Q. Well, if -- the only thing the attorney is entitled to ask for -- on monetary relief is his fees and costs. So whatever he asks for is -- A. Yeah, you're -- you're asking me to draw a legal -- Q. That's a legal conclusion, yeah, I understand you're not -- but I just -- I'm sure you didn't really analyze that because they're telling you the whole time this is a contingency agreement, this can be done, but I'm curious -- A. Well, here -- here's the thing, my -- my issue -- Q. But that's not -- this isn't for you to figure out or understand -- A. Yeah, my -- my issue with what we were doing here -- what they were doing here is that I -- I don't think it's legal. I am confident that -- that it constitutes a very serious Bar violation. But even if you were able to satisfy -- and this is what I told them in this conversation, even if you were able to satisfy my concerns with respect to -- I mean if you got -- if Sdafant W 111mas Court Reporters, Inc. 1-800-272-0404 155 1 DEF000171 3 2 3 c 6 7 a 9 to 11 12 13 14 is le 17 1s 19 20 21 22 23 24 25 you showed me an opinion letter from the Florida Bar saying that what you guys are doing is completely legitimate, I would still object to it. And the reason I would object to it is because it creates the wrong perception. We're not doing this to create a -- an economic enterprise. We're -- the foundation cannot function in that role. The foundation is here to defend the publics right to access -- Q. Right. A. This is -- you know Q. You're against it -- you were against it on principle separate and apart from any ethical or illegal consideration -- A. But did I -- yes, but did I -- did S believe as a lay person that there was a very strong likelihood that this was illegal, yes, I did. Q. Okay. And so did you, after that conversation, decide to ultimately disassociate yourself? A. Well, the next day I got a phone call from two of the attorneys at the O'Boyle Law Firm and they told me that Bill Ring, Denise DeMartini, and Jonathan O'Boyle called a meeting of the firm and told the attorneys that I had in fact agreed to this windfall scheme. And those are two -- Q. They called you and said this, that -- repeated SclaMnl Willimas Court Reporters, Inc. 1-800-272-0404 156 DEF000172 1 2 3 4 5 6 7 s 9 10 11 12 13 19 15 16 17 1e 19 20 21 22 23 24 25 that you had agreed to it? A. Yeah. Yeah, what happened was the next day after -- after being really vociferous in my objection to it, I mean unequivocal -- Q- Apoplectic -- apoplectic you called it? A. Apoplect -- yeah, I mean just -- just really almost unglued in my objection to it. Bill, Denise, and Jonathan convened a meeting of the firm and told the other firm -- told the other members of the firm, the other lawyers -- Q. Was Bill a member of the firm? A. No. Q. And was renise? A. No. Q. And Jonathan's not a lawyer? A. Right. Q. okay - A. They -- they tell the other attorneys, Giovanni Mesa, Nick Taylor, and Ryan Whitmer, that I had agreed to this scheme. And two of the attorneys, who I won't mention their names at this point, but two attorneys called me separate from each other. One attorney didn't know the other one was calling me. They called me within ten minutes to each other to tell he that -- that they had -- had said that I had agreed to this and I was Sdafani Willimas Court Reporters, Inc. 1-800-272-0404 157 DEF000173 e 9 10 11 12 13 14 is 16 17 is 19 20 21 22 23 24 25 livid. And the reason they called me was because they were like this doesn't sound like you. You've been -- you've been objecting to this all along. I -- you know, this doesn't sound like something you would have agreed to. And I was like, hall no, I didn't agree to it, absolutely not I didn-t agree to it. So yeah, at that point, you know, I -- I have this input from Greg Thomas, Barbara Peterson, and all these other attorneys that I talked to. Things are just getting worse and worse and worse and now the board and Jonathan have -- I can't imagine there was any misunderstanding about what I said and where I stood on this issue. They lied to the other members of the firm ,and told them that I'm okay with this. So yeah, at that moment I think I probably knew that I was going to have to leave. Q. What did you dol A. Well, I kind of check ed out a little bit. I -- I decided that I wanted to kind of think about my departure. Barbara's counsel, which I took to heart, and Greg's too, was that if I resigned that I needed to do it pubically so I could di.sannociate myself from the foundation. You know, I feel like one of the greatest assets I have as a civil rights advocate is my credibility. I know a lot of people don't like me. I Sclafani willimas Court Reporters, Inc 1-900-272-0404 ISO DEF000174 1 2 3 5 6 7 s 9 10 11 12 13 19 15 16 17 1s 19 20 21 22 23 24 25 mean I was described in one newspaper article as the most hated man in Florida, which I don't mind, but I think that I have a reputation for being a straight -shooter and playing fair and Q. Being respected? A. Yeah. I mean that's the reason I get to sit at the table with the legislature. Q. And that's why lawyers often say I don't care if I'm loved, as long as I'm respected. A. Yeah, I -- I -- you know, once you loose your credibility doing what I do, it's over. &o I -- I didn't want to make a rash decision. I -- I wanted to give some thought about how I was going to depart and I very much had the sense that there were other members of the -- there were members of the firm who would probably be leaving as well. And so I -- Q. You had heard from other members of the firm that they were leaving? A. They were very concerned, yeah. Q. Because of what was going on? A. Yeah, over the -- over these same exact issues - 3: mean everything we talked about today, yeah, name -- same exact issues, and chief among those would have been Denise's involvement with the firm. You know -- Q. And I take it from your descriptions that Ryan 5ciafani wllimas Court Reporters, Inc. 1-800-272-0404 159 DEF000175 1 2 3 4 zo 21 22 23 24 2s Whitmer was one of the people that told you he was leaving, that he was not -- A. He had actually announced his -- yeah, he publically announced his resignation. Giovanni Mesa has announced his resignation as well -- Q. And Marrett -- A. They hadn't at this point. Q. But -- but you knew that they were not tolerating this conduct? A. They were -- they were objecting to it, yeah, absolutely. 0. And Mr. Ring, did he ultimately become a member of the law firm? A. He did. Q. When did that occur? A. I'll come to that in just a moment. Q. Okay. A. So back to your question, what did I do, I said I checked out. What I mean by that is I decided that I was going to, you know, occupy my time doing advocacy stuff and, you know, just try to kind of -- you know, I guess the way some people play tennis or go boating or whatever to -- or dance to find some distraction from their work, I -- I went on the road and -- and was working with some civil rights activists and just kind Sclaf ini Wlliinnas Court Reporters, Inc. 1-806-272-0404 160 DEF000176 1 2 3 4 s 6 7 e 9 10 11 12 13 14 is 16 17 28 is 20 21 22 23 24 25 of, you know, not really -- trying to minimize my -- i was trying to minimize my communications with the with the foundation and with the board. I was stili working for the board and still doing what I was being paid to do. And I was, you know, just trying to kind of collect my thoughts about how this is going to -- how I was going to leave. And then they actually ended up making it real easy for me. I -- on -- just to kind of give you some more things that happened after that, during this -- after the -- this telephone call on this June 16th and on the 19th, I get -- I was in Jacksonville on this day working with some civil rights activists. I got an !e-mail from -- from Bill and Denise saying that they were resigning from the board of the foundation and that I was going to be appointed as a board member and I would become president of the foundation. Nobody had talked to me about this. Nobody had asked me if I wanted to be on the board. Nobody asked me if I was willing to serve as president. I just got an e-mail saying that's the way it was going to be. And so I called Bill and for a moment I -- I had a little hope. I thought maybe, maybe they -- after me just kind of going silent for a few days and -- I mean I was working the whole time, but not really communicating with them, Sclatani Wlllimas Court Reporters, Inc. 1-800-272-0404 161 1 DEF000177 1 2 3 4 s 6 7 B 9 10 11 12 13 19 is 19 17 10 19 20 21 22 23 24 2s maybe they kind of got the message I was.not happy. And I thought, okay, well maybe they're going to finally let me do things the way they needed to be done. and so I called Hill and that's when Hill told me that -- I asked him, you know, do I have a say in this as far as becoming president of the foundation, and he just kind of like no, not really, and then he explained to me why they had resigned. And why they resigned was because Denise was going to go to work full. time for the firm. Q. The law firm? A. Yeah. And Bill was going to become a partner in the law firm. And that was just one more nail in the coffin, just like you guys just don't get it. I mean remember, r had objected to us using this preexisting not-for-profit that Marty had created because Jonathan was on the board of it and because I thought that looked terrible. And now they have the guy who's -- the president of the foundation resigns to become a partner in the law firm, a law firm that he told me I had to use ,exclusively, and Denise DeMartini is resigning from the board to go to work for the firm, the same woman that I reported to and kept demanding that I produce more and more lawsuits for the firm and that I could not refer cases to other firms. Then on the -- the same day, I got an e-mail Sclafad Willimas Court Reporters, Inc 1-800-272-0404 162 DEF000178 P 17 16 19 20 21 22 23 24 26 from Jill Mohler, the receptionist to the Commerce Group, with more public records requests that she was making on behalf of the foundation without my knowledge Or consent -- Q. So you learned that when? A. Same day, on June 19th. Q. That Mohler was again making -- the receptionist is again making public records requests? A. Yes, and I -- Q. On behalf of the foundation A. Yeah. 0. -- without your knowledge? A. Yeah, I got -- I got two e-mails from her that day acknowledging that. Then on the 23rd of June, they actually file an amendment with the Florida Secretary of State naming me as -- as a hoard member and as president of the foundation, again without my knowledge or without my consent. Then on June 25th, Jill Mohler lets me know that again she's making -- and she's telling me about these public records requests after the fact. It's not like hey, I'm going to make this, is it okay. It's we made the request, ah, yeah, here it is. 0. And you tell her you have no authority to do -- A. Yeah. Yeah, you can't he doing this. And I Sclafani Wfilimas Court Reporters, Inc. 1-000-272-0404 163 DEF000179 1 3 s 5 G 7 e 9 10 11 12 13 14 is 16 17 is 19 20 21 22 23 24 2S don't blame her. she's just doing what she's told. She -- I want to be clear, Jill, she's a receptionist. She's just doing what she's told -- Q. By -Marty? A. I assume by Marty. I mean I don't know who else would be telling her -- Q. Or Denise? A. Then -- then I get a phone call and I get a phone call on June 26th and it's just really unusual. I get a phone call from a guy named George Ellis who is the executive director of a State contractor called Miami's River of Life and they were being sued by the foundation in a lawsuit that I had signed off on. And the facts of the public records violation were very clear and I, to this day, will stand by the facts of the case. And it stands out in my mind because there's only been a handful of times in my career of doing this that -- that a defendant's actually contacted me directly, not their attorney, just the defendant. And George, it turns out, he and I are connected about 20 different ways. We -- he's an African American fellow and I'm very active in several African American communities, worked with black churches and the black civil rights groups, and it turns out we know a bunch of the same people. There's some African American Sclafanl Willinnas Court Reporters, Inc. 1-800-272-0404 1G4 DEF000180 1 2 3 4 s 6 7 e 9 le 11 12 13 14 is 16 17 is 19 20 21 22 23 24 2s ministers that I'm good friends with that he's also good friends with. And this just kind of came up in the course of our conversation. And he said, look, I -- I blew it. You made a public records request, I ignored it, and you sued me and I realize that I shouldn't have ignored your public records request, I should have handled this differently and I'm sorry. And then he went on to say I -- you know, we don't have very much money, you know, as fast as we get a grant from the State, it gets spent, but, you know, I'm willing to try Into resolve this with you. And on top of that, would you be willing to work with me to help me better understand what my responsibilities are and how I can do a better job of responding to public records requests in the future. Well, because I care about public records access and I couldn't care loss'about the money, there's nothing I'd rather hear from a defendant. I mean I don't know what else I can ask a defendant to do than to say I -- I blew it, I'm sorry, will you help me not do it again, and let's resolve this. What more can you ask? And he said I -- so i asked him, I said what are -- what are you -- you know, what's going on. Now, bear in mind I did not even know that they were -- that we were in settlement talks to these folks. I didn't Sdafani Wlllimas Court Reporters, Inc. 1.800.272-0404 165 1 DEF000181 1 2 3 4 s 6 7 s 9 10 11 12 13 14 is 16 17 is i9 20 21 22 21 24 25 authorize any settlement discussions, didn't authorize any monetary demands, or any other settlement demands for that matter. And George told me that the O'Boyle Law Firm had demanded $4,300 and I expressed to George my shock at that number because I asked him, I said has there been any hearings, no. I said did you guys file an answer to your -- to the complaint, no. Be said the only thing that's happened up to this point is they filed a verified complaint, is that right, yeah, that`s it, that's all that's done -- Q. You had signed the verified complaint? A. I believe it was a verified complaint. And he said that they -- that he had authorized his attorney to offer to the O'Boyle Law firm a settlement of $500, which the O'Boyle Law Firm rejected. And I didn't tell him -- I said look -- I told George, I said look, you know, I -- I can understand them -- number one, their -- they're not authorized to accept or reject anything because I -- I haven't agreed to it, but I understand that $Sn0 a probably not reasonable because that would just cover their filing fees and service and summons and, you know, they -- I'm sure they do have, you know, actual hourly's in it. He said, well, after they rejected our $500 offer, I -- I offered $1,500. I'm going to have to borrow the money. I'm going to have to Sclafanl Wflllmas Court Reporters, Inc 1-800-272-0909 166 DEF000182 1 2 3 4 5 6 .7 e 9 10 31 12 13 14 15 26 17 10 19 20 21 22 23 24 25 scrape it up. I mean somebody is not going to get paid this week, but we offered $1,500 and they rejected that and countered with a demand for 3,800. This was on a Thursday. So I told George, I said well, look, let me -- let me call the firm, let me find out, and Nick Taylor was the attorney of record, = said let me call sand talk to Nick and find out what's going on and if I can help you, I will. So the next day, on Friday, I called Nick and I asked Nick about this and he said yeah, we're engaged in settlement negotiations. we demanded $4,300. They countered with 500. We rejected that. They countered with 1,500 and We've now demanded $3,800. So then my question was well, what are your actual fees and expenses? And Nick told me that the fees and expenses were $1,200, at $250 an hour plus the filing fees, process service, and summons, $1,200. So my question was why in the hell are you demanding 3,800, well, because that's what Jonathan told me to do, well, I don't agree with this. And I was very adamant with him about this and told him, I said, in a few minutes I'm going to send you an e-mail memorializing our telephone conversation and I want you to acknowledge receipt of my e-mail and I want you to confirm the contents of my e-mail. Sclafani wliimas Court Reporters, Inc 1-800-272-0404 167 1 DEF000183 1 2 3 4 s 6 7 s 9 30 11 12 13 14 15 16 17 19 19 2a 21 22 23 24 25 So this is what I wrote to Rick, this is Friday, June 27th, 2014 at 11.05 a.m., "Nick, I'm writing this e-mail to memorialize our telephone conversation this morning. As we discussed, I was contacted by the defendant in the case referenced above. He expressed his regret in his failure to properly respond co CAFZ's public records request and asked for .our help in better understanding his obligations under the Public Records Act. He also explained the dire financial condition of his organization and said that he had instructed his attorney to offer to settle this matter for $1,500. In our conversation this morning, I understood from you that the O'Boyle iaw Firm has about $1,200 in costs and fees in the case up to this point. I also understood that you have been instructed by Jonathan O'Boyle to demand $3,800 to settle the case. If such a demand is accepted by the defendant, that would create a windfall of about $2,600 beyond actual fees and expenses. During our telephone conversation, I expressed in unequivocal terms my objection to such an arrangement. Until I received a telephone call from the defendant yesterday, I was unaware that any settlement discussions were taking place with the defendant. I did not authorize any discussions, nor did I approve in any way the demand for payments of any kind, much less the Sclafani Wlllimas Court Reporters, Inc. 1.800.272-0404 168 DEF000184 1 3 5 6 7 e 9 1a 11 12 13 14 15 16 17 18 19 20 21 22 33 24 25 demand for payments far beyond the actual fees and expenses billed by the O'Boyle Law Firm. In sum, I understand that you were directed to make the aforementioned settlement demands by Jonathan O'Boyle and I have not and do not approve of such demands. Please confirm your receipt and understanding of this e-mail." And at 11:19, Nick Taylor responded by saying 'This e-mail is to confirm our conversation today and to reiterate that all offers for settlement are made pursuant to the policies of the O'Boyle Law Firm.- That was on Friday and at 11:19 and about ll:au on Monday I resigned. Q. And then how did you resign? A_ I -- the foundation -- originally they were I'going to buy a new car, but that never happened. We -- I decided it was cheaper, because of the miles I was driving, to rent cars. So I turned in my rental car on Sunday in Lakeland and I packed up what few things I had that belonged to the foundation, a couple of harddrives and a scanner and a couple of thumb drives and a few Sunshine manuals and drove my 14 -year-old Volvo down to Deerfield Beach and walked in and walked into Bill Ring's office and I said here are all the things that I have that belong to the foundation and here's my letter Sdafanl Willimas Court Reporters, Inc. 1-800-272-0404 169 1 DEF000185 3 4 5 6 7 s 9 10 11 12 13 14 1s 16 17 10 19 20 21 22 23 24 25 of resignation and inside is the foundation credit card, thank you, and I left. It took about 30 seconds. And Bill didn't act surprised. And frank -- frankly I kind of figured that he knew it was coming after everything that had happened. And in fact, I -- I kind of half expected that I was going to get fired before I got there. I had hoped to meet with Marty because I wanted to thank him for, you know, the opportunity and I'm sorry things didn't work out, no hard feelings, and I just can't be a part of this, but he wasn't there. So after I exited Bill's office, I stepped across the hall to Brenda Russell's, Marty's secretary and also a member of the board, and asked her to have Marty call me. And then I walked over to the law firm and announced to the lawyers that I had resigned and then I left. Q. What happened next? A. Before I gat out of the parking lot, Marty tried calling me. I didn't take his call. I was -- I wasn't angry. I just frankly didn't feel like talking to him at the moment. So I waited until, I don't know, I was driving back and called Marty and then Marty got Denise and Bill on the phone, so it was the four of us, and they expressed their surprise and shock and didn't Sclafani Willimas Court Reporters, Inc 1-800-272-0404 170 DEF000186 1 2 3 4 s 6 7 e 9 10 11 12 13 14 1s 15 17 is 19 20 21 22 23 24 25 know it was coming and, you know, I tried to disabuse them of that notion and said I, you know, warned you in writing that I was going to quit and I -- I warned you guys on May 19th that I was going to quit. I actually had a telephone call -- call with Jonathan back in June, earlier in the month, I think it was June, and the reason I remember this is because I was on my way to meet with one of my attorneys in Sarasota to talk to him about this whole ethical dilemmas and what he thought I should do, and just before I -- I ended up being late to that meeting because I had this phone call with Jonathan. And I, you know, sort of in sum, all of the things we talked about today, the -- all this nonsense going on and I told Jonathan at least six times I'm going to fucking quit if you don't stop this, I'm going to fucking quit if you don't stop this, you know, Denise being involved. And Jonathan was like, you know, yeah, yeah, we'll fix this, we'll take taxa of it, am again I was really annoyed that they were now claiming that they didn't know that I was going to quit. But it -- the tone of the conversation wasn't particularly adversarial. It was just sort of, you know, we -- we were surprised and we can't believe you are really upset about all of this stuff. And Bill kept going back to this whole, you know, we have this ethics letter that Sdafani Willimas Court Reporters, Inc. 1-800-272-0404 171 I DEF000187 1 a 3 a 5 6 e 9 10 it 1z 13 14 15 16 17 19 19 20 21 22 23 24 25 says that you -- it's okay for us to do this and I don't see why you care and, you know -- and I was like, you know, I'm -- I'm not -- well, I'm not debating this with you. I mean I -- I think they kind of thought maybe that I was bluffing about quitting or that somehow I was going to get talked off the ledge or 1 was just, you know, throwing a fit or whatever. And I was like, it's over. I mean there -s i -- Lhere is no going back. I mean there's no amount of money, no -- nothing you could tell me now would make me come back. And I said to Marty -- I told him, I said the reason I asked you to call me the reason I asked Brenda to have you call me is I just wanted to thank you for the opportunity and, you know, no hard feelings and you guys go your way, I'll go mine, and, you know, I'm willing to just now move on with my life. I'm ,going to go back and do what I was doing before. And then !darty demanded that -- he said what were you thinking when you wrote that e-mail to -- to Nick. I said well, I think you know exactly what I was thinking. He said well, you need to retract that e-mail. And I was like, no, well why not, because it's the truth. And then Marty proceeded at least five times, maybe six times, but at least five times -- and I remember this very distinctly because I had pulled over Sciafani Willimas Court Reporters, Inc- 1-800-272-0404 nc1-800-272-0404 172 DEF000188 1 2 3 a s 6 7 B 4 10 11 12 13 14 is 16 17 12 19 20 21 22 23 24 25 at the Locks cn Highway 60, Lake Kissimmee, and I pulled over there to look at the water while I was having this unpleasant conversation. And Marty proceeded at least five times to say that he was going to make my life very unpleasant, that your refusal to withdrawal this e-mail is going to farce us to respond and our response will be unpleasant and it will bring great unpleasantness in your life. He used that word, unpleasant or unpleasantness, at least five times. And of course as soon as I heard him say it the first time, I'perceived that very much as a threat and I said well, you know, what do you mean by that, what do you intend to do, oh, well, you'll see. And I told him I felt that he was being threatening and my response was, you know, bring it on, do what you want to do. And he said I don't think you understand how -- how unpleasant this is going to be and I remember saying to him, N.arty, I'm the guy that shows up at offices unannounced and uninvited to demand to look at public records knowing there's a good chance that somebody is going to call the police and threaten to have me arrested. I live in a world of unpleasant. I don't -- you know, I don't care -- threatening unpleasantness, okay, all right, great, I -- Ideal with that every single day. I was really puzzled. It surprised me that he decided to -- to take Sdafani W1111mas Court Reporters, Inc. 1-800-272-0404 173 1 DEF000189 13 14 Ls 16 17 is 19 20 21 22 23 24 2s that approach. I was surprised that he didn't know me better than that. Q. And so what happened after those conversations? A. That's the last time I've -- I think that's the last time I talked to Marty. I believe it was the last time we spoke on the phone, we have traded e-mails since then, a few. I have gotten a bunch of e-mails and phone calls, which I have not taken, from Bill Ring and Denise DeMartini, from their IT guy at Commerce Group. I gave them all the data that belonged to the foundation. I put them on harddrives. They were encrypted harddrives. I gave them a password and they were having trouble accessing them because they were formatted for Mac and they used PC's. They have been pretty animated in their demands that I come down there and meet with them and they want me to help them identify all these un -filed lawsuits that they're convinced are on these hard -drives, and there probably are. There probably would be, I'm guessing -- you ]mow, if somebody were to go through those hard -drives, I could probably identify 200 lawsuits that are -- that are worthy of being filed, but I am not about to help them do that. Q. So that's what they want -- they want you to do Is -- Sdafani Wllllmas Court Reporters, Inc. 1-600-272.0404 174 DEF000190 1 2 3 4 s 6 7 e 9 10 11 12 13 14 1s 16 17 is is 20 21 22 23 24 2s A. Yeah, they want -- yeah, I found this really remarkable and -- and, you know, I -- Z am convinced that I made the right choice to leave and I believe that I did it the right way. The next -- in fact that night when I got home, I actually sent out a press release to more or less the same people that I had sent the first release out to in January announcing that I went to Work for the foundation, to make it clear that I had left and -- Q. Okay. Now, on that topic, I did not know who you were and I received a copy of that press release. A- Yep. Q. How many people got that prese release? A. About 100. Q. Okay. And was that done to make it clear you were disassociating yourself from anything to do with the foundation or the O-soyle•s? A. Yes. Q. Okay. Because it was clear from that press re Lease that: that was the case? A. Yes. Q. Which is -- I guess that was your intent? A. Yes, and the next day I gave a -- you know, one of the reporters, a guy that called me, and I actually gave a very blunt interview -- Sclafant W1111mas Court Reporters, Inc. 1-B00-272-0404 175 1 DEF000191 1 2 3 a 5 e 7 a 9 10 11 12 13 Id 15 16 17 is 19 20 21 22 23 24 2s Q. What did you say? A. A lot of what I've said here today. He didn't publish a lot Of that -- Q. Who was the interview with? A. It was with the Lakeland Ledger. Rick Russo is the attorney -- I mean, not the attorney, the reporter, somebody that I -- he's their investigative reporter I know very well. Q. And in these contacts from either Marty or his associates -- A. Yeah. Q. -- after you left, the sole desire was to gat you to help them identify more lawsuits -- A. Absolutely. There -- you know, it's -- it's very telling from my perspective. There has not been a single query about anything other than ac -- getting access, which by the way, they have access to the data and what I delivered to them I explained in great detail in an e-mail. The -- I probably looked obaessive/ccmpuleive to an IT guy when you look at the file structure. I mean it's -- it is neat and tidy and the file structure and the nomenclature of the -- the file name and -- I mean all that is just, you know, very, very simple, very straight -forward and anybody with half a brain could get in there and find it. So Sclafani Wlllimas Court Reporters, Inc. 1-800-272-0404 176 DEF000192 2 3 4 5 6 e 9 to 71 12 13 14 is 16 17 10 19 20 21 22 23 24 25 it's not that I in any way gave them back -- I didn't do anything deliberately to try and make it difficult to access the data. In fact the exact opposite, I made it as easy as possible. IIaving said that, the only thing they have expressed an interest in is help us get the data so we can file more lawsuits, which I find puzzling because I thought it was really clear from my letter of resignation. I thought it was very clear from my telephone conversation with Bill, Denise, and Marty. And I thought it was very clear from my interview with the Lakeland Ledger that I wanted no part of helping them file more lawsuits. In fact I think that what they're doing is terrible. I think it hurts the cause that I have fought for for a long time and sac -- sacrificed a lot for personally. It`s terrible and it's very telling to me that I made the right choice by virtue of the fact that all they had asked about are the lawsuits. They haven't asked a single time about are there any civil rights events that are coming up that we need to be prepared for, are there any seminars that we need to be prepared for, is there anybody that's expecting to get copies of the Sunshine manual, are there any meetings we need to plan to go to, are there any civil rights activists that we're supposed to be Sdafani Willimas Court Reporters, Inc, 1-800-272-0404 177 DEF000193 1 2 3 O 4 6 a 9 10 11 12 U 14 15 16 17 1e 19 2a 21 22 21 24 25 helping. There's not a -- are there any, you know, ,citizens that -- that need our help, nothing to do with the stated purpose of the foundation, nothing to do with what I believed my job to be. It's only and all about we vrant more lawsuits to file. Q. Generating lawsuits? A. That's it. THE VIDEOGRAPHER: Counsel, I need to change the tape. You have about one.minute left. Q. All right, let me just wrap up before he changes the tape. When you contacted me, how did you know who I was? When you cent me the -- the letter of resignation -- A. Your name had -- your name had came up many times at the O'Boyle naw Firm as being a hired gun for Gulf Stream. Q. And what did they say about me? A. I don't remember anything in particular, but Q. But my name was mentioned? A. oh, yeah. Q. So you located me through the Bar A. Yeah. Q. -- Journal? A. Yeah. MR. SWEETAPPLE: Okay. Well, let me go ahead Sdafad Willimas Court Reporters, Inc. 1-800-272-0404 178 DEF000194 1 2 3 4 s c 7 e 9 la 11 12 13 I'd is is 17 is 19 20 21 22 23 24 25 and change the type. THE VIDEOGRAPHER: We're off the video record at 3:25 p.m. (A short recess was taken.) THE VIDEOGRAPHER: We're on the video record at 3:28 p.m. Q. Have -- have you gotten any contacts from anyone relating anything Mr. O'Boyle has said since -- A. Yeah, I've been told repeatedly by various people that -- that we've kissed and made up and S'm coming back and that I was just -- you know, I needed to take a few weeks off to kind of collect my thoughts and, you know, that I'm just -- was throwing a fit. And I understand that Jonathan's cold people it was just a power struggle. Q. That you'll be back? A. That I'll be back, I'm -- I'm coming back, there's no way I'm walking away from that much money. Q. What's your reaction to those statements? A. You know, when I started doing this, I don't know, about 2008 is the first public records lawsuit I filed -- before I started doing this, I -- I think the last high-water mark economically for me was, I don't know, about $240,000 gross in a year, and that would have been I guess about 2007. In 2012, my total income Sclafanl Willimas Court Reporters, Inc. 1-600-272-0404 179 1 DEF000195 I 2 3 a s 17 18 19 24 21 22 23 24 25 from all sources was $4,963. That's for a family of four. I lost count of the number of yard sales that I've had. I mean, you know, the first yard sale you get rid of the stuff you haven't used in five years and the second one you -- you know, stuff you haven't used in the last couple years. By the time you get to the tenth one, you're deciding what furniture you really need to sit on. I have lost count of the number of times my electricity has been turned off. I -- you know, the first thing I did when I started running out of money was I used up the cash that I had. Then I cashed in my (children's college funds. That will show where my priorities are. Then I sold my boats, including my power boat and my sailboat. And then I sold my van Steal fishing gear. And then I sold my collection of Taylor guitars. My point is, I don't care about the money. I -- I went broke doing this. Q. So there's no way you're going back to this enterprise? A. Yeah, the -- look, the -- the -- here's the thing, it was nice getting $120,000 a year. That was really nice. I liked that_ That -- that was -- it was great because my wife and my kids -- you know, my wife wasn't worried about buying groceries for the first time in, you know, seven or eight years. You know, I was Sclafanl Willimes Court Reporters, Inc 1-000•272.04Q4 180 DEF000196 10 11 12 13 15 is IG 17 19 19 20 21 22 23 2a 25 able to send my -- my kids, you know, got to go to camp this summer. They haven't been able to do that in a while. But I don't care about the money. I cared about the resources to do more advocacy, but I was doing advocacy before I got hooked up with Marty and I've -- I mean I quit on June 30th .and on July let I was right back to doing advocacy so -- now, there's no chance, there's no possibility that I'm ever going to go back. In fact, in response to one of Marty's numerous e-mails asking me for help, you know, getting access to these records, I close -- I won't read you the whole e-mail, but I close the e-mail -- this is addressed to Marty and this is on July 7th, "I bent over backwards to make this as easy as possible for the foundation to access data. I have delivered in good repair in a well -organized fashion what belongs to the foundation. As I stated in my letter of resignation, I have severed italicized, bold, underlined, "all" connections with the foundation. Because my time and attention must be directed preparing for the unpleasantnesc you promised, I am unable to lend further assistance.- And his response -- and if the deal wasn't already sealed, then it was, this really did it, "Joel, the unpleasantness 1 promised, I don't understand." I -- I found that enormously insulting. I mean if you're going to be Sdafani Willimas Court Reporters, Inc. 1-800-272-0404 181 DEF000197 v s 9 10 it 12 13 14 is 16 17 19 19 20' 21 22 23 24 25 stupid enough to threaten me and maybe you've realized that was a dumb thing to do, how about just apologize. But, you know, whatever. Look, it's clear that they're going to keep doing what they're doing. The fact that they want all these un -filed lawsuits makes it clear to me they don't -- they're going to keep doing this. And I really believe that what they are doing is going to hurt the public'a right of access because this is going to become the poster child of what the Florida League of Cities talks about when they discuss abuse of litigation. And I think what they're doing to Gulf Stream -- and I dont -- junt no we're clear, I don't have an adversarial attitude towards Gulf Stream. I would love to help them. I would lova to help them sort out their public records issues. I think -- Q. Did you ever offer to Mr. O'Boyle to help -- A. I did, I actually -- I actually proposed to Marty -- I said, you know, instead of filing another lawsuit against Gulf stream, how about if I just call Bill Thrasher and, you know, offer to go over there and have a meeting, just to two of us, and, you know, maybe talk to him about working with him to, you know, come up with some way to fix this. And he was very dismissive, it will be a wasto of your time, don't -- don -t even Sclafanl Willinnas Court Reporters, Inc. 1-800-272.0404 IS2 DEF000198 1 2 3 a 5 6 7 a 9 10 11 12 13 14 is 16 17 is 19 20 21 22 23 24 2s bother and I'm -- you know, I've only -- I've met Bill Thrasher a couple of times. He seems like a nice guy. He seems, you know, reasonable. Q. He just wanted to continue this pattern of conduct? A. Yeah, I think so, you know. Q. Were -you familiar with -- did you become familiar with NT. O'Boyle's background while you were working at the foundation in terms of his activities in New Jersey, Tennessee, with the State Attorney in -- in Palm Beach County? A. I knew a little bit about -- I knew sort of the high points of the -- of his disagreements with Dave Amber, the State Attorney. I knew that he had staged some protest where he -- I understood he had hired actors to basically stage a phony protest and that he was either flying a blimp or banner planes or something around downtown West Palm Beach. I understood it was a 'blimp and I don't know if that was the case. I know he has a blimp. They actually offered to donate it to the foundation. Yeah, I've seen videos of these banner planes that he's flown in New Jersey and -- Q. He -s shown you videos of -- A. oh, I've seen,the videos, yeah. He described it as -- he said -- the way he put it was it looked like Sclafad Willlmas Court Reporters, Inc. 1-600-272-0404 183 DEF000199 1 2 3 4 5 fi 7 8 9 10 11 12 13 14 is 16 1'7 1e 19 20 21 22 23 24 25 Pearl Harbor. There was so many planes coming in. He hired a whole bunch of planes. It wasn't just one. It was -- it was -- the number that sticks in my head was like 40 planes or something. It was a lot of planes. I mean I -- I remember when he described it, wondering bow they didn't all run into each other. You know, when I hear stuff like that -- I knew about him painting his house, which frankly I thought was, you know, actually funny, Because at the time -- T - don't even remember all the facts now. At the time I thought, well, you know, I think maybe -- maybe the ,guy's got EL 'legitimate beef with Gulf stream. You know, I -- as far as the -- the nonsense like in Tennessee, T_ did not know about that until very recently. In fact, I didn-t -- I think the first time I read about it was after I left the foundation. I didn't know -- Q. where did you read about that? A. I went online and found an article about it that had been -- I think it was 1.6 million dollars in legal fees and 1.2 million it sanctions. Q. Did you ever see any of the motions I filed in any cases involving the O'Boyle Law Firm or for sanctions? A. No. Q. okay -- Sclafani Willimas Court Reporters, Inc. 1-800-272-0404 184 1 DEF000200 x 2 3 a 5 6 7 s 9 xo 11 x2 13 14 is 16 17 is 19 20 21 22 23 24 25 A. Well, no -- Q. So you never seen these - A. No, your name came -- you asked me earlier about your name coming up. The -- the time where your name was mentioned where I was most involved in the conversation about you was in connection with a public records request where there bad been some redactions on billing statements and on a check. And there was -- Q. That's what the -- that was with the law firm or with Mr. O'Boyle? A. Well, it was actually -- again, I can remember where I was when I had the conversation. There was a very nice little park that you should enjoy on your !drive back on the south side of I -- of 60 after you get past Lake Wales. I pulled over there so I could -- because I had good reception. It was Jonathan, Marty, and me. I think it was just the three of us. Q- This was a case I'm involved in now probably? A. Well, they wanted to file -- the issue was do we file a petition for writ of Mandamus and -- Q. Yeah, let's -- that's getting into -- let's not get into legal -- A. Okay. Q. -- discussions about that case. So you heard my name through Marty? Sdafani <Mllimas Court Reporters, Inc 1-800-272-0404 1Bs DEF000201 1 z 3 a s 6 7 a 9 1a 11 12 13 is is 16 19 is 19 20 21 22 23 24 25 A. Yes. Q. And that's why you sent me the -- the press release? A. Yes. 0• Okay A. And partly because, you know, a -- because of Marty Is apparent obsession with Gulf Stream, a lot of the issues that we-ve talked about today, all these public records requests that dill Mohler was making, cases getting filed without my knowledge, had to do with Gulf Stream and i knew that you represented Gulf Stream, at least in some matters, so I wanted to reach out to you and let you know that I was no longer associated with the foundation. Q. Let me just look through my notes and see if I have anything else. Why don't we take a five-minute break -- A. sure -- Q. -- so you don't have to sit while I look through my notes. A. Sure. Q. Thanks. THE VIDEOGRAPHER: We're off the video record at 3:38 p.m. (A short recess was taken.) Sdafani Willimas Court Reporters, Inc 1-800-272-0404 186 DEP000202 1 2 3 4 5 6 7 e 9 10 11 12 13 14 1s 16 17 16 19 20 21 22 23 24 25 THE VIDEOGRAPHER; We're on the video record at 3:46 p.m. Q. Okay. Mr. Chandler, I asked you to look online to see if you -re -- if you're listed as being affiliated with the Citizens Awareness Voundation. A. Yes_ Q. And are you listed? A. Yeah, hold an a second, let me pull it up again. Yeah, on Sunbiz.org, I'm still listed as being a board member, which I did not agree to do, to serve as a board member. I'm also listed as president of the foundation, which I've never agreed to. Q. How long have you been listed in that capacity? IIs that what they listed you -- A. Yeah -- Q. -- as executive director? A. Yeah, this was filed on Tune 23rd, so seven days before I resigned. Q. okay. And they did not take it off after you resigned? A. No, it -'s still there. Q. And then when did Hill Ring show that he retired from the board? A. It was the same filing. Q. And what about Denise, when did she resign? 5clafani Willimas Court Reporters, Inc, 1-800-272-0404 197 DEF000203 1 2 3 4 5 6 7 e 9 10 11 12 13 14 is 16 17 19 19 20 21 22 23 24 25 A. Same, it was the same filing date. Q. And then the new members of the board allegedly are Peter DeLeo? A. Yeah, Peter DeLeo and Cathleen Laca. Q. L -a -c -a? A. Yeah. Novi this -- now this says -- yeah, it was filed by the -- by the Citizens Awareness Foundation on Sime 23rd, 2014. Q. By whom? Who signed it? A. By Brenda Russell. Q. okay. And is she affiliated with the foundation? on that date was she affiliated? A_ She was the secretary, but she's not listed on the -- the -- she's still listed -on Sun Biz as -- as a' member of the board, but on the amendment she's not. She's just -- she's -- it says that she's secretary, but her name is no longer on the -- on the add, change, or move. Q. Okay. So -- A. She's the only -- I think she's still there -- my point, I think she's still the secretary of the foundation. Q. Okay. And Cath -- Cathleen Lac&, is she a Marty O'Boyle -- A. Yeah, she's -- Sclafanl Willlmas Court Reporters, Inc. 1-800-272-0404 ISS DEF000204 1 2 3 n s 6 7 s 9 10 11 12 13 14 is 16 17 is 19 20 21 22 23 24 25 Q. -- employee? A. -- an employee of Marty O'Boyle and Peter DeLeo is not an employee, but has been a long-time business associate. Q. Okay. And I have your permission to use this statement for any -- any purpose, any proceedings -- A. It's the truth. Knock yourself out. Q. All right. And is there anything that you want to correct in your statement? Do you want -- is there anything that you want to clarify? I know we've been here for some time. Anything you want to add? A. No, I think that pretty much covers it. I guess if -- you know, at some point I think my motivation for being willing to reach out to what I affectionately refer to as the dark side, the other side of the public records community -- you know, I -- I will stand by the facts of every case that I signed off on. Having said that, you know, my ambition is not to milk defendants out of money. And my ambition is not to beat defendants. I -- I hope that I -- I'm sure I'm not consistent in this, but I would -- my ambition is to approach this civil rights issue, and for me this is very much a civil rights issue, with the same graciousness that Martin Luther King did. And what I mean by that is, you know, he repeatedly made the Sdafanl Wlllimas Court Reporters, Inc. 1-800.272-0404 189 DE F000205 1 2 3 a s 6 7 9 9 10 11 12 13 14 is 16 17 is 1s 20 21 22 23 24 25 observation that this is -- when he was talking about the civil rights movement in the 29501a and 6o's, this is not -- this a not about beating our adversaries. This is about reconciliation. This is about getting on the same aide. I think I'm on the right side. My goal is not to beat up people. My goal is not to win- My goal is to make sure that the public has virtually unfettered access to public records without needing -- and if litigation is a part of that, that's fine. if having conversations is a part of that, that's Eine- If stopping the Citizens Awareness Foundation and the 'O'Boyle Law Firm is part of that, fine. And I feel very much like that's the case. I think that what they're doing is counter-productive. I think that it's -- it persmirches those of us who are involved in legitimate, sincere advocacy and I think that what they're going to do -- if they -- if they continue to do what- they're doing unchecked, I think it will severely injure the public's right to access, so that's the reason I'm doing this. 6?EAKERI: All right. All right, thank you very much. THE WITNESS: Yes, air. THE VIDEOGRAPHER: We're off the video record at 3:51 p.m. Sdafanl Willimas Court Reporters, Inc. 1-800-27Z-0404 190 1 DEF000206 1 2 3 6 5 6 7 e 4 10 u 12 13 14 is 2.6 17 is is 20 21 22 23 2a 2s (Statement concluded at 3:56 p.m.) STIPULATIONS IT WAS STIPULATED by counsel for the respective party, with the consent of the witness, that reading and signing of the foregoing statement by the witnesa be waived. THEREUPON, the Statement of JOEL CHANDLER, taken at the inotance of the Town of Gulf Stream, was concluded at 3:56 p.m. NOTE: The original and one copy of the foregoing statement will be held by Mr. sweetapple. Sclafani Willimas Court Reporters, Inc. 1-800-272-0404 191 DEF000207 1 2 3 4 5 6 7 a 9 30 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 CERTIFICATE OF REPORTER OATH ISTATE OF FLORIDA COUNTY OF OSCEOLA I, the undersigned authority, hereby certify that the witness named herein personally appeared before me and wan duly sworn on the 23rd day of July, 2010. WITNESS my hand and official seal this 4th day of August, 2014. 11 Jam" f. is JULIE KELLEY, FPR NOTARY PUBLIC - STATE OF FLORIDA MY COMMISSION NO. EES74232 EXPIRES: MARCH 23, 2017 SCLAFANI WILLIAMS COURT REPORTERS, INC. Sdaianl Wlllimas Court Reporters, Inc. 1-800-272-0404 192 DEF000208 1 2 3 4 5 6 7 8 9 10 11 12 11 14 14 16 17 16 19 20 21 22 23 24 25 REPORTER'S CERTIFICATE 1 STATE OF FLORIDA COUNTS OF OSCEOLA I, Julie Kelley, Florida Professional Reporter and Notary Public in and for the State of Florida at large, hereby certify that the witness appeared before me for the taking of the foregoing deposition, and that I was authorized to and did stenographically and electronically report the deposition, and that the transcript is a true and complete record of my stenographic notes and recordings thereof. I FURTHER CERTIFY that I am neither an attorney, nor counsel for the parties to this cause, nor a relative or employee of any attorney or party connected with this litigation, nor am I financially interested in the outcome of this action. DATED TRIS 4th day of August, 2014, at Kissimmee, Osceola county, Florida. T'`t�fCxJ� JULIE KELLEY, FLORIDA PROFESSIONAL REPORTER SCLAFANI WILLIAMS COURT REPORTERS, INC. Sclafant Willimas Court Reporters, Inc. 1-800-272-0404 193 DEF000209 AO BEA (Rev. 07/14) Subpoena to Testify at a Deposition in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of Florida Martin E. O'Boyle ) Plaintiff ) V. ) Civil Action No. 9:14-CV-61250-KAM Robert A. Sweetapple, at al. ) Defendant SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION To: Joel Chandler 1355 Forest Park Street, Lakeland, Horde 33803 (Name ofperson to whom this subpoena is directed) ® Testimony: YOU ARE COAEWANDED to appear at the time, date, and place set forth below to testify at a deposition to be taken in this civil action. If you are an organization, you must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or those set forth in an attachment: Place: Lsquire Ueposition Solutions, LLC Date and Time: 4927 Southfork Ddve, Lakeland, Florida 33813 06/29/2015 10:00 am The deposition will be recorded by this method: Production: You, or your representatives, must also bring with you to the deposition the following documents, electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the material: Please see Exhibit W. The following provisions of Fed. R. Civ. P. 45 are attached — Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so. Date: CLERK OF COURT Signature of Clerk or Deputy Clerk WR Attorney's signature The name, address, e-mail address, and telephone number of the attorney representing (name ofparty) Robert A. Sweetapple , who issues or requests this subpoena, are: Barry Postman, Esq./Joshua Goldstein, Esq., 1645 Palm Beach Lakes Blvd., 2nd Floor, West Palm Beach, FL 33401 k^�"^ s^'a^•^ n(dssYdagal sam, (561) 303 02200 Notice to the person who issues or requests this subpoena If this subpoena commands the production of documents, electronically stored information, or tangible things before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the nersnn to whom it is directed. Fed. R. Civ. P. 45(a)(4). Exhibit '2,,2+1t4 tq ��, ( S QL•SQGIRE 1t� AD BSA (Rev. 02114) Subpoena to Testify at a Deposition in a Civil Action (Page 2) Civil Action No. 9:14-CV-61250-KAM on (date) PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R Civ. P. 45.) I received this subpoena for (name of individual and title, J(any) 0 I served the subpoena by delivering a copy to the named individual as follows: O I returned the subpoena unexecuted because: on (date) ; or Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness the fees for one day's attendance, and the mileage allowed by law, in the amount of My fees are $ for travel and $ for services, for a total of $ 0.00 I declare under penalty of perjury that this information is true. Date: server's signature Printedname and tide address Additional information regarding attempted service, etc.: AO 88A (Rev. 02114) Subpoena to Testify at a Deposition in a Civil Action (Page 3) Federal Rule of Civil Procedure 45 (c), (d), (c), and (g) (Effective 12/1/13) (e) Place of Compliance. (1) Fora Tr&4 [rearing, br Depostilon. A subpoena may command a person to attend a trial, bearing, or deposition only as follows: (A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or (B) within the state where the person resides, is employed, or regularly transacts business in person, if the person 0) is a party or a party's officer, or (a) is commanded to attend a trial and would not incur substantial expense. (2) For Other Discovery. A subpoena may command: (A) productian of documents, electronically stared information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and (B) inspection of premises at the premises to be inspected. (d) Protecting a Person Subject to a Subpoena; Enforcement (1) Avoiding Undue Burden or Expense,Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense an a person subject to the subpoena The court for the district where compliance is required must enforce this duty and impose an appropriate smetion—which may include lost earnings and reasonable attorney's fees—on a party or attorney who fails to comply. (2) Command to Produce Materials or PermitlnspecRan. (A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection ofpremism, need not appear in person at the place of production or inspection unless also commanded in appear for a deposition, bearing, or trial. (B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises—or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rales apply: (0 At my time, on notice to the commanded person, the serving parry may move the court for the district where compliance is required for an order compelling production or inspection. (11) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's officer from significant expense resulting from compliance. (3) Quashing orbfodtfying a Subpoena (A) R%en Required. On timely motion, the court for the district where compliance is required must quash or modify a subpoma that: (i) fails to allow a reasonable time to comply, (0) requires a person to comply beyond the geographical limits specified in Rule 45(c); (Hi) requires disclosure of privileged orodmr protected matter, if m exception or waiver applies; or (Iv) subjects a person to undue burden. (B) When Permitted. To protect a person subject to or affected by a subpoena, the court for the district where compliance is required may, on motion, quash or modify the subpoena if it requires: (I) disclosing a trade secret or other confidential research, development, or commercial information; or (it) disclosing an umetained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party. (C) Specifying Conditions as an Aflermufm In the circumstances described in Rule 45(d)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party: (1) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and (B) comics that the subpoenaed person will he reasonably compensated. (e) Duties In Responding to a Subpoena (1) Producing Documents or Electronically Stored Information. These Procedures apply to producing documents or electronlcally stored infuriation: (A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand. (B) Form for Producing Electronically Stored lnfarmadon Not Specified If a subpoena does not specify a form for producing electronically stored informadon, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. (C) Electronically Storedinformetion Produced in Only One Form. The person =pending need not produce the same electronically stored information in more than one farm. (D) Inaccem1ble Electronically Stored rnform ition. The person responding need not provide discovery of electronically stared information from sources that the person identifies as not reasonably accessible because of undue burden or cost On motion to compel discovery or for a protective order, the person responding most show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such spumes if the requesting party shows good cause, considering the limitations of Rule 20(b)(2)(C). The coot may specify conditions for the discovery. (2) Claiming Privilege or Protection. (A) Information Trithheld A pawn withholding subpoenaed information under a claim that it is privileged or subject to protection as trial -preparation material must: (i) expressly make the claim; and (ii) describe the nature of the withheld documents, communications, or tangible things in a crooner that, without revealing information itself privileged or protected, will enable the parties to assess the claim. (B) Info inadon Produced If information produced in sponse to a subpoena is subject to a claim of privilege or of protection as trial -preparation material, the person making the claim may notify my parry that received the information of the claim and the basis for it After being notified, a party most promptly return, sequester, or destroy the specified information and my copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly p=ent the information under seal to the court for the district where compliance is required for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved. (g) Contempt. The court for the district where compliance is required—and also, after a motion is transferred, the issuing corm—may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or an order related to it For access to subpoena materials, see Fed. R Civ. P. 45(a) Committee Note (1013). EXHIBIT "A" DEFINITIONS 1. "Communication" means any oral or written utterance, notation or statement of any nature whatsoever, by and to whomsoever made, including correspondence, conversations, dialogues, discussions, e-mails, interviews, meetings, consultants, agreements, and other understandings between or among two or more people. 2. "Concerning" or "Regarding" means relating to, referring to, describing, evidencing, mentioning, affecting, showing, reflecting, touching on, bearing on or constituting. 3. "Document" is used in the broadest sense permitted under the Federal Rules of Civil Procedure and includes, but is not limited to, all originals, non -identical copies and copies with marginal notations or interlineations of any writing, sworn statement, deposition transcript, affidavit, recording, photograph, computer data, electronic mail, text message, or other item containing information of any kind or nature, however produced or reproduced, whatever its origin or location, and regardless of the form maintained. The term "Document" also includes all Communications and all Electronically Stored Information. The term "Document" further means any document in the possession, custody, or control of the entities and individuals to whom this document request is directed (together with any employees, agents and attorneys). Without limitation to the term "control" as used in the preceding sentence, an entity or individual is deemed to be in control of a document if that entity or individual has the right to secure the document or a copy thereof from another entity or individual having actual possession thereof. 4. "All Documents" means every document or group of documents or communication as above defined that are known to you or that can be located or discovered by reasonably diligent efforts. 5. `Electronically Stored Information" refers to all computer or electronically stored or generated data and information, and shall include all attachments to and enclosures with any requested item, and all drafts thereof. Electronically Stored Information includes information stored in any format and on any storage media, Including: hard disks; floppy disks; optical disks; flash memory devices; and magnetic tape, whether fixed, portable, or removable. Electronically Stored Information includes: word-processing documents; electronic spreadsheets; electronic presentation documents; e-mail messages; image files; sound files; and material or information stored in a database, or accessible from a database. Electronically Stored Information also includes all associated metadata that is maintained or saved, which includes: document title or name; file name; date and time of creation; date and time of last edit; identity of author, identity of owner, identities of editors; identities of recipients; changes; history of changes; e-mail header information; history of who viewed an e-mail and when; and e-mail routing information. Electronically Stored Information further includes: correspondence, text messages, telegrams, memoranda, communications, minutes or records of meetings and conferences, lists of persons attending meetings or conferences, summaries, records of conversations, drafts, notes, notebooks, logs, invention records and disclosures, translations, drawings, graphs, charts, photographs, sound recordings, images, data compilations, computer records or printouts, specifications, reports, opinions, summaries, agreements, forecasts, plan drawings, mask works, engineering drawings, expressions or statements of policy, consultations, brochures, pamphlets, advertisements, publications, circulars, trade letters, press releases, and drafts of any of the foregoing. 6. "Including" shall mean including but not by way of limitation. 7. "Person" means any natural person, individual, proprietorship, partnership, corporation, association, organization, joint venture, firm, or other business enterprise, governmental body, group of natural persons or other entity. S. "Gulf Stream" refers to the Town of Gulf Stream, Florida. 9. "Morgan' refers to defendant Scott Morgan, both in his individual capacity and in his capacity as mayor of the Town of Gulf Stream, and includes any agents, servants and other persons acting or purporting to act on Morgan's behalf. 10. "O'Boyle Law Firm" refers to the O'Boyle Law Finn, P.C., Inc., and includes any agents, servants and other persons acting or purporting to act on the O'Boyle Law Firm's behalf. 11. "You" and "your" shall mean the person or persons that this subpoena is directed to. 12. All capitalized terms not otherwise defined herein shall have the same meaning ascribed to them in the Complaint. 13. All words in the present tense include the past, and all words in the past tense include the present tense. 14. As used herein, the singular shall include the plural, the plural shall include the singular, and masculine, feminine, and neuter shall include each of the other genders. DOCUMENTS REQUESTED 1. Copies of any and all communications between you and Martin E. O'Boyle 2. Copies of any and all communications between you and Christopher O'Hare. 3. Copies of any and all communications between you and Pineapple Grove Design, Inc. 4. Copies of any and all communications between you and Denise DeMartini. 5. Copies of any and all communications between you and William Ring. 6. Copies of any and all communications between you and Lou Roeder. 7. Copies of any and all communications between you and Mitch Berger. 8. Copies of any and all communications between you and Danielle DeSouza. 9. Copies of any and all communications between you and Jonathan O'Boyle. 10. Copies of any and all communications between you and Citizens Awareness Foundation, Inc. 11. Copies of any and all communications between you and Mark Hanna. 12. Copies of any and all communications between you and The O'Boyle Law Firm. 13. Copies of any and all documents you delivered to Mitch Berger, Esq. 14. Copies of any and all notes concerning any meetings between you and any of the individuals identified in numbers 1-12 above. 15. Copies of any and all records of evidence of payment between you and any of the individuals or entities identified in numbers 1-12 above. 16. Copies of any and all bills or invoices you have submitted to any of the individuals or entities listed numbers 1-12 above. MARTIN E. O'BOYLE, Plaintiff, VA UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 9:14-cv-81250-KAM ROBERT A. SWEETAPPLE AND MAYOR SCOTT MORGAN, Defendants. SECOND RE -NOTICE OF TAKING DEPOSITION DUCES TECUM PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition of Name: JOEL CHANDLER Date: Wednesday, February 24, 2016 Time: 10:00 A.M. Place of Taking: Esquire Deposition Solutions, LLC 4927 Southfork Drive Lakeland, Florida 33813 upon oral examination for purpose of discovery or use as evidence or at trial in this action, or for such other purposes as authorized under applicable statutes and/or the Florida Rules of Civil Procedure, before a Notary Public, or before some other officer authorized by law to administer oaths, who is not a relative, employee, attorney, or counsel of any of the parties, or a relative, or employee of such attorney or counsel, or financially interested in the action, and pursuant to adjournments, if any, by said office until said testimony shall be completed. You are hereby notified to be present at the time and place stated. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the Clerk of the Court using the CM/ECF system, this 141' day of January, 2016 which will, in mm, send a notice of electronic filing to: DANIEL DESOUZA, ESQ., DeSouza Law, P.A., -I- COLE, SCOTT & EISSANE, P.A. M6AKhVQWAV@ -6 LO RFSi PALM BFACii, nOMA33401(661)36}9200-(661) 6334977 FAC 1515 N. University Drive, Suite 209, Coral Springs, Florida 33071 and JEFFREY L. HOCHMAN, ESQ., HUDSON C. GILL, Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A., 2455 E. Sunrise Blvd., Suite 1000, Fort Lauderdale, Florida 33304. COLE, SCOTT & KISSANE, P.A. Attorneys for Defendant Sweetapple 222 Lakeview Avenue, Suite 120 West Palm Beach, Florida 33401 Telephone: (561) 383-9200 Facsimile: (561) 683-8977 By: IS/JOSHUA A. GOLDSTEIN BARRY A. POSTMAN FBN:991856 JOSHUA GOLDSTEIN FBN: 064834 1:11601.0062.001disooverylnotice of depolno6ce - 2nd re -notice -deposition ofloel chandler.dou -2- COLE, SCOTT & KISSANE, P.A. 1645 PALM BEACH LAKES BOULEVARD -2ND FLOOR -WEST PALM BEACH, FLORIDA 33401 (581) 3639200 - (561) 8839977 FAX JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: $1,000..2016 $5,000 41:17 47:7 2013 $ 128:10,21 68:13,15 193 25:22 153:6,11 72:15,24 26:16,17 174.22 $1,000 $50 74:22 29:25 135:5 1960 30:4 128:22 22:24 136:5 37:3 31:25 140:6 $50,000 32:20 101 lot $1,200 16:4 140:22 41:16 38:17 87:20 20:22 42:13 179:15,20 121:20 59:16 43:1 $1,500 60:12 11 2 47:23 131:21 $500 21:19 48:16 128:19 101:9,17, 2 71:7 $12,000 131:5 20 21:19 179:24 23:14 119.12 53:12 180:1 $120,000 $500,000 59:23 62:3 181:12,15 118:20 124:16 82:16,17, 182:2 $60,000 1154 19 83:7 183:8 $2,000 :18 54: 41:3 69.2 101:23 2014 128:11,22 128:25 12 191:11,12 7:5 131:20 $75,000 138:18 2,000 48:12,17, $2,500 66:4 120 68:19 19 49:24 69:16 182:12 50:18 9:1 129:6 56:5 153:7 1 12:53 2.75 61:21 $20,000 54:18 170:2 63:21 41:4,12 1 13 20 83:11 $25 49:5,6,8 135:17,20 21:18 101:14, 50:16 138:19,20 73:3 16,18 31:13 62:4 158:20,24 131:13 102:22 129:1 108:23 103:17 $25,000 109:4 1355 2004 109:6 60:13 191:11 6:5 7:3 49:6 110:22 14 132:23 111:6 $250 1,200 159:6 129:2,7 68:18 32:22 175:12, 138:15 131:22 100:13 18,24 175:3,8 1.2 135:17,20 179:25 $3,000 184:21 138:20 2007 128:20 12:16 2015 10 15 41:16 $4,000 11:16 32:22 15:10 164:18 23:13,15 54:17 42:3 20:25 175:24 128:20 61:25 131:13 21:16 183:20 131:10,25 86:5,19 2008 18 2016 $400 128:18 111:24 15:12 164:19 68:8 100 21:1,3 18 -year-old 23:10,24 ESQUIRE 800.211.DEPO (3376) 3 0 L U* 1 0 N EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 22nd 2:13 136:14 48:25 100:23 143:18 49:2,3 412 62:25 3 30:6 63:18,19 181:2,3 69:10 77:10 3 4:40 79:10 100:15,16 191:9 84:2 101:1,24 4:50 23rd 3,000 191:9 63:18 68:19 4th 175:3,8 74:23 48:17 25 30 109:5 21:25 20:10 135:4 53:3 158:1 72:18 5 73:1 250 77:16,24 5 128:18 78:12 54:16 26 62:1 300 110:22,23 108:23 21:10,12 109:4 27 30th 174:11, 101:14,17 129:25 12,15 27th 133:21 50 77:3 138:16 45:20 78:21 155:1 53:1,12 79:9 33803 60:14 80:12 6:5 74:2 83:11,23 84:3 350 50- 90:23 21:15 something 94:5 3.09 160:13 136:9 138:13 500 28 68:9 3:21 103:17 138:13 136:15 110:22 143:19 287.058 501C3 4 53:8 96:7 2:00 4 503 91:21 96:24 50:18 92:4 166:11,12 5:00 2:05 400 45:10 100:23 21:11 ESQUIRoE 5:30 95:17 5th 109:19 6 February 24, 2016 Index: 22nd..absence 164:18 80 19:22 2 0: 24 88 106:18 89 6 106:18 183:24,25 60 52:23 138:6 600 31:14 64,000 167:24 6:00 45:10 95:17 6:15 45:16 6th 108:24 109:5 7 7 159:1 165:13 75 60:15 75,000 68:22 8 8 21:20 129:4 9 9 11:16 21:20 101:24 102:1,22 103:13 90 19:22 20:24 96 100:13 99.6 19:25 99.9 135:25 185:2 M a.m. 54:18 ability 86:25 111:14 133:6 Abrahams 25:1 absence 99:7 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: absolute..advocacy absolute 189:16,19 acquaintanc 140:18 admitted 103:1 accesses as activity 65:1 absolutely 76:1 130:13 178.4 131:3 38:14 accommodati acquire acts adoption 104:10 191:1 106:3,4, on 176:23 113:15 150:25 acquitted 8,22 131:1 actual accomplishe 46:22 34:23 advantage absurd d 47:4 43:10 125:6 96:4 act 44:21 185:1 55:23 abuse 15:1 advantages account ad 76:12 22.8 18:16 33:1 56:22 124:12 124:18 52:20 57:20 abused 53:8 adamant adversarial accountabil 71:20 113:4 22:13 ity 86:16 28:18 44:12 addicts 72;8 76:12 94:14 131:24 79:21 abuses accounting 126:24 99.2 22:12 24:19 172:25 addition 112:16 5:19 189:23,25 76:16 acting 11:14 190:11, access accounts 115:5 12:1 12,17 9.4 22:2,4 action 20:13 advice 10:19,21, 24 12:13 accrued 20:4 112:3 45:24 13:7 152:24 99:25 116:5,19 46:11 14:12 115:25 158:7 97:3,21 accurate 123:15 177:14 125:25 16:6 19:4 50:23 161:5 162:4 20:2,16 103:9,14 additional 22:17 178:7 43:22 180:15,17 175:4,9 23:11,20, actions address advise 22 24:1, accurately 127:11 6:4 41:1 97:13 3,7 28:12 83:7 176:19 90:2,10, advised 34:8,12, accustomed 178:8 11,12,13 172:22 18 36:4 152:18 activism 37:20 addressed advising 42:11 acknowledge 37:12 5:8 105:2 46:19 123:18 116:24 153:12 addresses advocacy 47:9 57:4 activist 41:15 26:6 58:3 acknowledgm 8:7 9:25 27.22 75:22 ent 10:2,7,8 adjudicated 76:1 95:4 137:13 86:2 20:1 28:13 56:23 111:15 ACLU 111:10 admit 66:7,13, 115:24 9:16 136:24 126:4 15 67:5 116:2 34:15 activists 162:6 68:4 70:3 125:1 12:3 163:1 88:9 176:13 37:7,8,9 171:13 107:5 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 110:5 agencies 123:21 11:15,16, 134:7 19 12:5 advocate 13:12,17 105:10 20:14 11:22 107:10,14 17:13 23:19 allowing 28:16 111:11 153:15 alternative 36:2 53:5 119:12 107:10 177:14 60:1 148:21 Angel 187:13 72:17 40:18 111:17,19 advocates 147:9,11 34:16 animated amendment agency advocating 20:3 30:9 38:23 70:1,7 affairs 118:1 46:25 125:23 111:23 162:23 affidavit 181:8,9 100:19 132:4 101:4,5, agenda 13,15,16, 26:24 20 102:1, 45:18 4,8,10, aggravated 16,20,21 122:12 103:8,9, 51:15,23 87:17 agonized 13 ape amorphous 135:14 affiliation 123:8 amount agonizingly 118:2 23:3,7,20 41:22 151:17 affirm 18:24 4:5 127:5 agree amounted 34:20 affirmed 35:1 36:6 4:12 64:14 African- 75:17 american 102:19 9:19 11:9 127:10,21 45:6,22 135:18 130:5 148:22 152:20 African- 172:16 americans 176:17 45:9 178:21 afternoon 186:21 69:14 agreeable 70:14 ESQUIRE agreed 2 0: 3 69:17 74:14 85:4 93:21 115:18 124:21 174:1 186:25 agreement 74:10 75:21 93:4,18 136:20 146:19 agreements 75:18 125:15 151:12 ahead 61:3 84:7 92:22 Airport 26:10 albatross 169:2 aligned 88:9,11, 25 alledgedly 123:11 allegations 92:14 160:12,13 alleged 92:8 159:2 allegedly 106:14 164:4 February 24, 2016 Index: advocate..appealed alleging 150:18 114:8 152:14,22 allowed 178:18 7:24 186:18 105:10 Ana 112:24 107:10,14 151:25 138:24 allowing ancillary 36:14 153:15 alternative Anderson 161:15 107:10 177:14 138:24 amazing Angel 32:7 84:12,19 40:18 animals ambivalent 34:17 82:5 animated amendment 118:4 12:10 animosity 13:2 172:2 25:25 111:23 answers 139:15 5:16 140:1 132:4 141:5,16, anticipated 21 170:2 133:25 American anymore 8:21 14:19 amicably 51:15,23 87:17 ape amorphous 118:6 77:10 123:8 amount API 36:20 23:3,7,20 41:22 apparently 60:6,13 18:24 172:2 27:19 amounted 184:6 179:20 appeal amounts 176:5,9 114:23 appealed 800.211.DEPO (3376) Esquire Solutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: appearance..attorney-client 176:6,9 71:17 164:1 5:10 46:13 appearance 92:15 asserting 78:11 51:20 80:2,3 133:3 99.10 90:1 57:10 96:15 Aronberg 188:2 assumed 58:3,11 103:4 43:3,18, 82:2 59:24assertion 60:9,10 146:4 24 44:15 132:16,18 assuming 88:2,20, appears Aronburg assertions 185:16 23 89:10 49:5 34:1 148:20 assumptions 96:5 101:4,12 arrangement 149:1 148:19 97:13,21 174:24 93:25 98:5,6 appellate assessment assurance 102:24 arrangement 33:11,12 113:18 128:8,24 108:3 s 36:7 assurances 129:19 applauded 62:24 asshole 70:18 130:6 149:7 141:7 115:11 132:10 approach arrested assured 137:11,22 39:21 33:23 assign 15:8 138:1 126:1 86:25 Atheists 146:8,9 139:25 arrow assigned 34:14 148:6,18, 148:25 164:14,15 146:24 23 149:14 Atlanta 173:4,10 arrows assigning 176:12 152:11 118:24 153:16,25 approached 119:16 86:19 attached 154:3 63:7 assist 83:6 159:8 articles approximate 12:24 139:8 attack 166:9 ly 13:9,16 assistance 37:17 170:25 21:12 44:1,4,14 8:11 171:5 attend 172:25 April 83:14 158:11 121:14 173:5 31:18,20 90:10 assistant 140:11 177:20 32:20 articulate 68:25 attendance 179:4,10 38:17 88:23 105:25 14:21 180:12,14 42:13 43:1 ase assisting attended attorney's 47:23 152:5 42:14 140:3,18, 14:3,5 48:15 189:7 associate 21 142:10 33:4,16 136:9 190:7 107:10 38:19 attention 47:20,22 archaic assert association 69:11 785 150:4 15:5 9:14,18 120:11,17 185::14 archives 64:21 92:2 10:15 attorney attorney - 22:19,22 132:4,25 12:23 11:9 14:3 client 17:21 area 188:5 4 16:3,8 96:25 10:13,16 asserted 22 122::17 18:3 31:3 99:10 33:5 34:2 135:10 argue 92:1 assume 39:1 150:8 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: attorneys.. Barnes 187:23 168:12 37:16 23:11 115:15 188:2,8 authenticat 43:2 25:6 32:3 171:24 64:25 38:16 173:6 attorneys a 8:15 9:3 49:14 90:2 41:2 43:6 baffled 14:20 62:8,14, 103:15 48:3 173:21 115:17 59:23 17:20,22, 17 83:9 bag 18:1, 101:6 125:11 64:2 132:6 65:17,21, 46:15 6, 10 6, 174:20 24:12 143:7 23 69:3 bags authenticit 144:25 78:1,13, 31:2 46:4 92:25 51:16,18, y 145:3 24 80:5 101:8 152:12 84:10 balance 25 57:24 59:24 authority 166:24 85:8,17 70:24 60:5 117:15 175:19,25 86:5 bandwidth 73:15,18, 182:9 90:19,20 73:6 authorizati 91:11 75:6,8 20,23 on awareness 92:19 74:17 111:2 715 8:24 : 93:18,24 bankruptcy 87:19 112:25 39:8,24 98:14 158:24 89:5 123:5,13 45:4 108:5 159:6 91:11 50:21 164:1,3, 94:24 authorize 74:11 118:18 6,7,8,17 99:3 116:10 75:2,3 125:10 165:11,13 115:4,7, authorized 76:19 127:11 13,16 118:3 8c9 131:18 bar 129:22 153:9 822'21 133:17,23 18:24 130:10 83:4 138:25 31:4,5 131:7,16, authorizing 85:23 155:16,25 43:10 21 113:9 90:5,7,8, 158:23 52:10 135:17,18 Avenue 13 111:18 161:11 55:24162:25 137:16,25 53:24 116:8 65:4 138:2 157:2 1 63:6 87:25 140:10, average 158:10,12 164:25 115:14 19,25 73:3 177:5,10 126:9 146:9,10 avoid awhile 183:19 150:3 148:14 11:24,25 76:3 background 171:7 152:8,24 103:4 ax 44:25 178:14 153:6,7 award 121:17 backing Barbara 158:8 60:5 165:7 125:6 25:23 162:20 85:19 132:18 27:16 170:10 29:3 179:13 awards B Backtrack 30:19 180:22 60:19 74:16 31:24 audience 140:2 back bad 52:23 95:8 aware 7:5 12:16 15:8 138:24 15:15 authentic 29:25 17:5 61:12 Barnes 33:14 110:13 105:15 ESQUIRE 800.211.DEPO (3376) 5 0 L V= 1 0 n 5 EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 106:2,4, 13,18,24 107:13,21 110:15,17 111:3 Barrel 32:9 Bartow 13:11 36:1 based 7:12 42:11 60:24 61:16 62:14 92:14 99:16 113:23 173:16 184:13 basically 9:1 14:7 22:4 24:8 55:15 106:5 112:7 130:17 132:8 149:21 163:20 168:25 179:19 basis 33:15 45:5 59:22 93:25 96:25 97:4 160:12 161:9 battery 122:12 batting 65:21 Bay 107:18 Beach 26:8,9 30:25 85:25 90:10 133:20 141:14 beat 155:3 beauty 36:14 beef 100:5 152:19 been 58:19 beg 124:5 began 24:4 78:22 begging 164:14 begin 123:17 151:2 beginning 96:18 100:13 124:15 behalf 23:20 59:21 105:15 116:7 117:12,22 123:12 130:18 144:22 152:14 153:23 154:9 166:19 177:17 178:12 behave 11:23 behest 104:24 behold 17:16 120:15 beholder 39:19 42:12 belief 176:8 believes 175:25 belonged 155:4,5 benefactor 28:1 29:16 117:17 benefit 87:5 104:24 benefitted 136:25 benign 34:24 Berger 166:25 167:3,5 168:6 169:5 187:6,16 big 90:19 91:8 119:1,4 12 0: 8 biggest 119:9 bill 31:2,15, 16 38:16 42:21 79:16 80:6,25 81:22 82:1 87:11 88:2 89:8 104:22 105:12 108:4,18 118:7 119:4,5 145:12 153:4 155:8 156:2 18 0:2 0 182:20 Bill 'n 87:10 89:13 billable 58:11 billables 128:10 129:13,14 142:16 billing 128:18 129:1,7 bills 73:8 birthday February 24, 2016 Index: Barrel -blood 12:20 bit 6:11 9:7 17:6 39:4 47:25 48:8 65:19 95:9 98:1 157:19 179:19 181:19 black 37:2 67:12 107:20 119:12 121:8,13 131:23 172:14 blackjack 17:6 blanche 70:11 blanked 96:19 blessing 50:7 blew 110:15 130:17 blind 40:7 block 42:11 blocking 39:14 blog 112:11 130:22 blood 120:1 O ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: blow..button 122:2 163:12,14 bow 135:5 123:22 blow 172:9,16 158:5 156:18,22 132:24 137:3 173:4 boxed 184:8 bullying 185:3 188:20 blown 186:9,11, 155:6 189:1,2 188:18 16:12 13 188:15 boxes bunch broadcast blue 190:4 111:24 45:14 31:19 98.8 Bob's boy 33:3 40:3 Broadly 41:13 blunt 173:14 47:7 10:10 59:2,14 118:8 bonnets breach 69:24 broke 154:15 58:19 158:13 94:19 186:7 66:16,18 106:16 book Bread 133:22 blurring 105:15, 63 2 : 162:6 116:25122:4 116:21 17,19 break brother 129:5,20 board 106:7 5:25 6:1 45:14,15, 130:13 13:19,20 117:7 16:17 17 107:3, 136:17 14:7 119:15 18:21,25 11 139:1 17:1,4, 185:24 54:17 130:15,24 178:7,20 20,22,24 booked 100:22 18:9 21:2 143:3,5,8 138:11 brothers rs05:20 burdensome 70:21 174:7 185:12 books 79:19,23 105:18 breakfast brought burn 80:1,16, 106:6 26:4 92'24 190:6 19,22 150:14 29:12 burnish 81:18 bother 185:6 82:11 92:19 breaking 107:24 brutally 83:8 94:3 39:13 bus bothered 118:8 104:7,14, 41:7 42:2 37:1 15,16,18, 21:13 182:25 Brenda bucks business 20 108:10 81:1,21 31:14 15:9 111:2 bottleneck 82.4 68:9 22:5,6,7 133:25 113:13 83:14,19 111:24 23.6,23 147:8 Boucher 93:23 buddies 68:3 89:4 171:6 86:1 104:15,20 70:9 90:11 Board's 112:4 155:17 budget 141:24 18:14 bought briefly 67:11,16 179:8 boards 17:2 25:4 68:22 businesses 83:12 29:12 156:7 76:11 95:14 Bob 111:21, bright build busy 24,25118:13 7:4 96:3 65:5 116:23 64:4 97:14 141:19 88:23 bullshit button 102:24 174:4 bring 100:2 158:5,6 131:18 29:7 75:8 121:15 161:19,20 ESQUIRoE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE Index: buy..cases buy 135:8 183:1 carbon- carte 124:18 137:1 call-in copied 70:11 168:14,15 138:15 103:25 45:12 cartoon 181:19 143:19,25 card 171:25 184:23 144:3,4,9 called 185:14 145:11 9:13 16:24 case 76:2,3,4 146:21 45:15 31:7 byproduct 143:12 147:22 48:5 61:6,16, 68:5 155:9,10 150:15 54:15 17,24 152:14 55:5,6 cards 68:10 C 154:20 63:2 85:9 90:12 71:18 159:2,3 129:21 185:24 73:11 cabal 160:10,24 130:4 care 74:14 173:18 161:5,13, 176:7 33:18 82:3 88:3 24 164:6, 190:17,18 34:3 5 , 98:6 CAF= 11 165:21 calling 35:25 105:14 50:22 166:1,15, 45:12 37:15 106:11, 76:20,22 19 167:14 19,22 190:4 44:24 77:2 170:11 47:15,19 107:15, 78:16,19 176:20,21 Calle 19,22,25 79:3 177:6,11 77'5 61:6,7,9 110:16,17 80:19,23 179:25 camel's111:2,4 66:16 69:20,21, 83: CAFI S 133:22 22,23 114:15,21 90:88,, 21, 115:2,23 22 91:4 108:3 campaign 70:8 116:3 93:4 94:2 169:2 17:3 119:10 126:10,25 97:2,5,6, calculation 44:17 122:4 128:19 10,12,16, 19:25 125:1 , 2 129:6 campus 164:16 19 98:6 calendar 105:17 172 :16 150:21 102:5,12 83:25 106:2 154:1,3,6 103:1,3 career 161:10 104:4,5, call candid 34:5 166:20 11 111:2, 12:18 33:11 89:13 175:25 9 113:2 14:7 capacity 136:24 116:9,12, 25:2359:20 147:7 cases 13,15 39:16 73:6 19:12 Carney 20:11 117:12, 43:3 104:21 25;3 21:12 16,21,22 54:13,20 118:1,2 55:4 car Carolina 24:22,23' 120:5,20 76:20 65:16,17 37:3 25 25:2, 123:5 126:2 66:5 3,4,8,11, 118:12, carrier 16 33:10 126:18 131:15 13,15,16 152:15 52:6 128:15 136:9 154:12 130:18 154:2 155:2,3 53:20 132:7,8, 155:19,20 158:17 carriers 54:22 10,16,17 156:1 185:20 152:22 59:20 134:4,17 163:25 61:13 Q ESQUIRE 800.211.DEPO (3376) S a l V. 1 O N S Esquire Solutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 68:11 71:13,19 72:2,4 74:2,8, 12,22 86:24 87:3 91:11 108:6,8, 13 109:11,25 113:12, 20,23 114:16,17 115:19, 20,21,22 126:13 129:2,8 135:8,9 136:12, 15,17 142:17 143:19 146:15, 22,25 147:17, 20,21 148:3,22 151:8 161:25 162:1 169:1,16 187:24 cash 76:2 151:20 catalog 22:16 catch 175:21 182:8 Cathy 85:18 90:24 112:5,23 113:21 cattle 154:2 caused 110:3 176:21 CD 22:24 CDs 22:24 cent 115:21 center 23:21 certainty 57:21,22 61:23 73:9 168:4 certified 72:23 86:14 100:14 certify 100:12 certitude 64:22 cetera 14:16 57:15 58:12 chain 190:25 challenge 148:19 challenging 149:1 chance 74:7 155:22 Chandler 4:11,16 5:7 27:5 50:18,19 91:21 92:19 97:1,23 98:11,16 100:20 101:5 109:10,11 111:1 160:16 166:16 167:11 174:16 change 134:1 165:7 175:7 changed 25:5 85:9 166:3,6 changing 93:20 Chantler 45:14,15, 17 Chapter 158:20,24 159:1 165:13 character 46:17 172:1 characteriz e 96:1 charge 22:23 57:13 130:23 February 24, 2016 Index: cash..circumspect charged 23:8 44:6 47:7 charges 143:12 charity 170:1 charming 67:7 159:22 chartered 141:12 chatted 48:7 65:18 168:14 183:2 cheap 39:9 cheaper 118:14 check 59:16 73:10 115:23 143:13,14 checkbook 70:24 checked 84:11 118:16 checks 16:5 76:1 144:10 chicken 63:11 chief 111:9 child 46:1,14 children 39:10 choice 170:1 174:22 choices 57:14 173:22 choose 98:4 chooses 98:18 Chris 173:15, 17,19,20 179:6,8, 14,17 180:7,9, 24 181:12,23 182:17 183:1,8, 11,14 188:5,9 Chris's 179:7 Christmas 66:6 church 45:16,19 churches 11:9 67:13 121:13 churn 128:25 circles 13 0: 14 Circuit 176:12 circumspect ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: circumstance -collective 180:12 city claims clerk clogged circumstanc 29:23 92:1 19:20 128:6 40:15,25 160:13 143:13 e close 74:4 41:1,3, 161:4 clicked 85:7 14,15 164:2 circumstanc 84:21 165:19 26:11 105:22 88:B 149:13 ea 86:7 Clara 147:3 44:22 closed civil 107:10,14 181:22 47:18 45:13 8:7,10,19 138:24 client citation 9:4,11, closer classes 54:3 107:21 15,25 6:11 106:1 58:15,21 citations 10:1,6,7 59:4,18 53:1,12 15:21,23 11:10 Clayton 87:16 closing 19:13 27:23 45:7 88:4 125:13 cities 34:4 clean 92:1,18 129:16 37:12,18 164:17 115:7,13 152:16 72:17 43:13,14 135:9 178:15 111:19 45:13 clear 123:2348:3 26:19 137:22 clouds 124:24 55:25 29:11 138: 1 57:18 125:656:3 44:21 149:1 Club 162:9 66:19 61:15 150: 9 151:7 140:2 181:4 67:14 66:14 citizens 73:16 71:12 153:9 clue 86:2 76:17 154: 17 23:11 7:15 8:23 159:10 28:11 88:10,25 81:25 167:20 cocaine 39:24 91:15 87:22 171:15 46:15 45:4 99:14 50:20 111:10,13 111:100 102:21 172;5 code 117: 108:1 178:17 22:15 57:3 116:3 185:17 95:4 74:11 121:77,, 10 191:8 75:2 125:1 120:3 coffee 76:19 136:24 124:12 clients 26:4 80:9 140:18 125:8 21:24 29:13 82:21 claim 126:9,25 59:2 95:17,19 83:4 133:24 135:9 159:25 91:25 134:2,16 85:23 92:14 135:11 cliff COINT8LPR0 90:5,7,12 161:17 168:20 121:14 136:7 91:15 164:2,4, 137:13 clinical Cole 111:13,18 5,6 116:8 156:23 126:1 4:17 136:25 claimed 162:13 148:24 colleague 157:2 143:11 169:18 Clinton 26:1 158:10, 161:16 178:10 153:5 180:10, collective 12,21 claiming 154:4 13,18 73:20 163:5 159:3,4 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE college 105:15 106:7 commenting 64:3 Commerce 30:21 89:9,11, 21 90:1, 14 116:6, 17 120:7 Commercial 22:15 commerciall y 142:12 commissions rs 40:16 41:1,4, 14,16 commitment 67:3 committed 161:13 committing 117:25 common 23:18 46:5 71:20 130:13 communicate d 27:17 29:3 47:25 87:2 communicati one 17:19 62:9 132:7,10 15 1: 25 153:2,22 154:21,24 180:10 187:2,15, 20,21 188:7,8 companies 16:24,25 company 23:3,4 30:22 comparing 101:6 comparison 27:11 49:19 73:23 compel 186:23 compensable 60:11 162:18 compensated 8:17 9:8, 16 28:9 compensatio n 9:21 29:14 51:21 52:6 competence 89:18 competitor 106:1,3 competitors 22:4 competitors , 22:2 complaint 131:14 160:14 166:15,16 173:17 complaints 113:12,14 114:2 139:11 144:16,22 173:11 completely 74:13 89:21 96:8 109:17 119:24 173:15 complex 25:13 compliance 53:11 58:25 124:2 compliment 79:11 comply 130:24 complying 163:6,8 composite 82:16,19 83:6 184:3 compound 139:12 compromise 93:16 computer 186:18 February 24, 2016 Index: college -confirmed 189:15,19 concentrate 146:20 concentrati ng 53:6 94:11,21 concept 14:11 conception 58:10 concern 71:6 147:9 concerned 12:5 70:15 71:1 75:6 81:16 89:1 114:11 116:21 126:12 147:5,6 158:22 concerns 71:24 87:16 88:18 145:10, 11 15,19 146:1,3, 11 147:15 conclusion 150:14 conclusions 123:3 concrete 68:22 77:12 169:4 condescendi ng 36:22 118:19 condition 35:11 72:14 73:25 74:3,15 conditions 39:25 69:19 72:12 115:17 153:10 conduct 11:13 conference 31:22 154:1,7 156:1 confidence 62:18 148:16 confident 15:14 26:23 38:10 53:13 61:6,11 62:22 113:22 124:24 161:9 172:10 confidentia 1 41:11,23 42:6 confirm 133:16 confirmed 133:19 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: confirming -convinced confirming constitutio contacts 40:22 163:18 91:17 nally 51:19 53:11 conversatio confiscator 39:16 contemplati 93:12,14 n y consult ng 126:23 26:11,22 23:21 20:15 33:6 130:3 36:19 106:14 28:20 187:24 158:13 51:8,14 156:11 31:1 contracted 53:23,25 contemporan conformity consultativ eously 8:9,13,24 54:5,11 126:17 a 7:19,23 contractor 55:3,22 53:16 77:6 22:14 56:1,4 conforms 61:19 83:13 consulted contending126:23 66:1 69:3 connection 80:7 117:24 contractors 79:15 81:19 consulting contention 53:6 93:10 184:23 8:15 9:3 104:9,10 contracts 96:1,2,6 2 53.7 97:23 connections 233::66,, 23 context 102:9,23 184:22 36:4 contributio 103:21 24:8 connotation60:25 37:13 n 107:9 157:13 61:4 64:19 44:17 130:11 115:4 94:15 170:1 133:15 consent 118:11 control 163:16 148:2 contact 151:3 57:12 168:19 178:17 28:23 contingency 91:22 conversatio conaiderati 29'6'7 59:9,21 98:16 35:8 89:2 n® on 60:21 113:18 40:16 36:15 99c5 73:8,11 117:15, 51:11,25 consistent 149:14 161:20 126:10 16,21 52:3 34:4 180:3 153:17,16 161:13 61:21 continue 177:5 72:7 77:6 conspiracy contacted 66:17 controlled 88:24 18:1 8:15 69:6,7 58:22 93:8 94:6 constantly 20:14 104:9 104:5,11, 95:19,22, 71:17 23:7 26:1 108:12 13 23 96:13 consternati 28:5,11, 15,19 109:15 controlling 103:18 on 114:15 142:15 30:20,23 132.2 114:22 159:13 110:3 35:10 135:23 controls 163:17 constituent 57:2 96:3 177:11 188:1,3 a 125:22 continued 18:20 130:1 65:14 conundrum conversely 162:10 161:19,20 continues 163:10 70:7 constitutio 171:17 191:12 convenient conviction nal 179:4 94:21 18:14 contract 10:10,11 contacting 26:14 95:3 convinced 130:8 105:22 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: convincing -credence 47:10 corporation costs 28:18 cover 54:8 23:7 83:5 58:11 40:12 31:9 66:5 convincing 96:16 59:22 45:20 68:23 142:6 corporation 68:9 84:22 70:25 115:21 87:7 cool s 128:19 121:12 covered 81:12 179:18 29:5 131:7,21 122:9 82:21 183:13 108:2 153:7 160:16 135:2 correct 162:17,25 Cowhart couple 160:5,6 20:4 45:7 couch 9:12,23 cooperative 21:6,8 153:4 11:17 coworker 44:23 186:4 14:19 84:14 56:19 Council 188:14, 21;21 120:12 59:7 8:21 15,16,17 74:16 75:19 34:10 coy coordinate81:21 80:20 67:7 12:19 82:24 counsel 134:25 18:15 140:16 crack coordinatin 86'21 19:4,1746:15 159:6 89:7 g 98:11 20:15 166:6 crap 163:15 21:7 110:24 court 122:5 coordinatio 139:23 24:11,16 4:1,5,9 185:15 n 143:20 25:9 5:12,20 189:2 13:1 89:9,12 Corrections 99:20,22 16:6 20:1crazy copies 112:17 147:17,24 47:16 80:8 18:6 130:4 152:1 58:16 81:17 185:6 153:3 60:19 correctly 68:2 create copy 144:20 154:15 78:15 7:12 18:5 165:24 corroborate 100:2 created 21:18,23 d count 106:20 7:6,17,22 22:7 157:20 19:24 107:21 49:17,20 49:10 185:1 119:13 56:14 93:24 corrupt counties 127:18 79:18 166:15 119:24 128:4 80:13 184:21 72:18 coat 162:15 87:13 cordial 18:5 county 164:1,6 104:5 26:11 22:23 9:20 176:1,14 127:14 27:15 31:9 11:5,17 186:8 81:24 41:2,4 13:11,19 creates 14:18 courthouse 153:15 172:10 42:4,11 53:17 177:13 16:21 73:12 corner 87:18 17:17 courts creation 46:16 147:9 18:14 19:20 63:8 corporate 149:7 19:20,21 36:5 83:4 20:25 128:5 credence 169:19 51:10 130:7,8 21:2 160:8 ESQUIRE 800.211.DEPO (3376) 5 a L U., o«! EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: credit..Deeriield credit 13:10 Daniel 94:4 decide 16:24 35:24 165:24 118:15 57:25 18:9 curious 187:11 129:4 decided 76:2,3 14:9,13 Danielle 137:25 13:10 109:22 142:9 171:19 187:8,9, 17:7 143:12 143:16 155:9,10 current 10 181:21 18:25 169:18 6:4 dark 21:22 day-to-day 105:23 95:19 creditors curse 89:20 132:23 158:23 50:7 data 165:15 deciding 159:3 custodian 166:2 days 148:6 164:10,12 36:5 164:22 19:19 165:13 database 41:17 decision custody cried 190:25 22:3 65:22 61:16 47:12 date 69:12 68:4 Crime cut 83:11 72: 8 108:3 12:11 108:1,14 90:24 129: 25 135:15 101:16,17 142:7 137:21 criminal D 108:24 169: 21 176:18 18:1,13, 168:21 169:3 15 46:8 decisions 172:25 Daddy dates DCA 40:19 177:19 119:1,2,5 186:1 106:18 57:13 178:4,24 daily daughter deal 72:1 critical 57:2 33:22 28:4,22 114:20 106:9 damn 43:21 70:10 115:14 44:6,8, 124:16,19 149:2 criticism 39:8 11,20 165:22 150:10 88:17 Dan 47:19 169:15 deed critique 78:3,25 dealers 87:2 87:3 82:20 Dave 21:23 133:3 34:1 deem cruelty 134:11 43:3,24 dealing 103:12 34:17 166:4,8 day 29:9 deep crystal 171:3 15:9 32:3 57:23 148:10 162:13 174:19 41:14 103:5 184:16,18 42:15,18, 183:8 deeply cultivating 185:4,18, 21 47:16 dealings 125:17 51:24 20 187:2,147:5 57:12 179:1,3 culture 8 188:16 58:16 Deerfield 94:25debate 64:2 30:25 Daae 137:18 cup 185:19 80:12,13 142:11 85:25 76:4 187:9 83:22,23 150:17 90:10 159:25 84:4,8 133:20 dangers g 85:8,15, December 141:14 curiosity 38:3 25 86:4,5 164:18 142:8 ESQUIRE 800.211.DEPO (3376) 5 0, u r i o n s EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: defend..destroy defend definitivel 131:25 depending Desouza 20:17 y 136:5 39:11 4:19 122:7 26:18 178:17 40:9 5:13,19 defendant 121:5 186:11 depends 6:9,15,19 106:19 defrauding demands 153:5 10:4,9 128:21 153:20 14:14 27:2 35:5 deposed 39:3 130:7,8 degree g 167:15 5:10 54:16 131:3 47:8 demonstrate 61:2 deposition defendant's 138:3 d 64:16 4:1 6:22 49:8 deleterious 100:1 159:7 77:15,19, 82:17 70:5 demurred 183:3,20 23 78:4, 100:16 93:13,14 184:5 11 79:2 166:12 deliberate 81:6 174:12 15:1 denied 186:5 82:23,25 183:25 18:21 92:13 191:12 91:17,20 defendants deliberatel Denise depraved 92:12 127:21 y 80:25 76:10 96:17,25 158:9 16:17 81:20 depravity 97:11,17 170:16 delicious 82:3 76:10 98:1,12 83:15 100:18 defended 42:22 104:22 depths 102:7,14 47:15 delighted 105:3 67:2 109:1,7 defenders 9:6 77:13 108:18 deputies 132:2 46:5,7 176:10 113:11 11:8 133:2,5 defending delightful 118:7,19 121:13 139:17,21 46:14 32:16 135:2,11 describe 152:25 162:3 159:25 136: 3 11:23 159:9 145:12 12: 12:10 165:24 defense Delray 146:7 166:18, 16:7,9,10 32:18 156:2 25:25 22,25 47:13 42:20 157:21,23 describing 167:3,8 71:15 63:1,16 178:13 40:8 170:21,24 92:10 179:7 45:25 171:4,8, 161:23 denominator 132:11 11 175:21 demand 46:5 defer 13:20 description 177'7 99:7 126:5,7 Department a 184:16 20:18 171:20 187:2,8, definite demanded 112:17 9,10,11 40:14 13:21 122:10 deserve 188:16 definition 118:7 130:3,4 48:20,21 Desouza's 156:11 162:5 50:6 51:5 28:14 99:16 153:5 demanding depend desk 160:11 115:17153:3 14:9 91:6 desperately 117:6 120:9,10 24:7 definitive dependants 129:11 143:13 destroy 25:7 15:17 ESQUIRE 800.211.DEPO (3376) .. I � ' I o � � EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 121:8 157:4 detail differently 152:17,18 172:11 157:10 difficult detailed 95:14 49:19 difficulty details 63:2 33:24,25 138:10 43:17 150:12 44:7,19 dignity 157:4,7 139:20 114:19 11:3 determining 187:24 dischargahl dilemma 112:19 discussion e 177:11 113:5 26:25 114:23 Dimartini 81:1 develop 29:21 164:19,20 83:15 111:20 104:22 developed 105:3 112:6 108:18 developing 135:2 136:3 142:4 77:12 132:8 145:12 devil's 146:8 148:21 156:2 dichotomy 178:13 161:15 Dimartini's dick 83:16 119:9 dinner 127:23 32:17 159:17 42:17,20 dicking 43:6 48:8 164:22 63:14 189:4 64:7 72:3 65:11,14, dictates 15 84:18 37:14 130:16 difference 168:15 33:18 dipshit 142:3 46:13 190:20,22 direct differences 4:14 148:11 14:18 ESQUIRE 112:4,5 117:22 137:10,16 145:23 directed 104:6 116:14 directing 71:2 105:4 113:5 116:6 135:12 137:6,8 146:8,10 direction 104:24 directly 75:4 92:7,10 130:9 169:19 director 97:6,15 104:7 126:18 130:2 134:4 directors 70:21 80:19,22 82:11 83:8,12, 15 disagree 92:13 173:13,15 disagreemen t 34:1 113:10 February 24, 2016 Index: detail -discussions disappoints 27:14 d 44:19 71:12 96:23 168:16 102:25 173:3 103:23 disaster discusses 27:24 102:1 disastrous discussing 66:8 54:21 70:6,16 135:8 discerning 139:20 114:19 151:6,9 187:24 dischargahl discussion e 26:25 164:3 27:10 discharged 29:21 164:19,20 40:23 165:11 43:22 disclose 50:2,25 13:22 55:17 14:15 64:8,19 69:5,18 disclosed 77:12 132:8 96:6 disclosure 107:13 15:18 140:24 174:5 147:23 148:2 discovering 179:14 122:8 discussions discovery 26:20,23 46:7 52:17 discretion 55:14 70:20 56:17 72:3 74:10 76.22 discuss 78:16 31:1 79:14 50:20 81:25 51:1 94:1,2 148:7,22 102:2,5, 182:16 11 137:5 188:22 138:18 discussed 147:16 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: disheveled..e-mail 154:21 101:19 dogs 95:19 DUI 165:23 distant 37:18 drinks 44:6 168:17 59:16 dollars 168:8,13, duke 178:22 187:22 distinction 16:5 15 58:9 35:6,8 23:1,9 drive duly disheveled 124:17 64:1 district 151:20 84:12 4:12 16:22 159:4,5 94:24 dump dishonestly 142:12,13 17:8,14 170:3 185:5 124:9 155:5 122:10 189:2 disinterest Donuts 185:6,14 Division 53:25 189:10, Dunkin, ed 82:20 14,21 53:25 45:3 door divorce 86:11 driving duplicative dismiss 188:10 118:18 184:15 37.8 double document 17`7 189:6 185:12 dismissal 49:13 dropped duet 153:14 doubt 83:10 46:15 183:13 176:11 76:11 101:3,21 148:15 drove duty dismissed 167:15 26:8 158:14 150:21 190:8 downstairs 158:24 95:17 42:22 Dylan documented 118:11,16 46:23 downtown 133:20 175:20 11214,23 176:1 documenting 168:9 142:9 113:21 125:21 dozen 155:3 disparity 36:16 documents 19:5 drug E 7:21,22 24:25 131:24 diepaseiona 11:12 draft drum to 31:22 52:13 134:18,19 e _ 126:1 133:14 47:9 93:17 147:23 75:15,17 135:13 DU e-mail 148:24 83:2,3,5 139:10 33:23 15:20 disposed 131:18 157:21 dually 18:13 56:2 157:20 132:21 25:23 drafted disposing 161:18 166:8 133:10 27:17 167:1,4, 41:1,15 169:24 8,11,16, dragging gg B duces 48:13,16, dispute 19,24 100:2 187:17 18,23 126:8 184:7,8, dramatic dude 49:24 127:1 20 185:2 53:4 190:12 50:3,4,8, 132:14 186:12,17 due 9,18,25 die uted P dog draw 127:20 51:3 143:12 140:21 123:2 132:19 61:22 drink 152:22 77:5 disputing 103:25 ESQUIRE 800.211.DEPO (3376) 3 0 L U_ $ 0 M= Esquire Solutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: e-mails..enormously 108:4 early 169:17 86:15 60:18 109:19 26:17 Edgar 94:14 111:21 114:1 29:25 126:25 136:10,16 121:15 117:11 31:25 elephant 137:19,25 123:1 43:8,16 editorials 191:11 131:19 48:12 12:24 40:8,10 ended 133:17 49:24 Editors elevated 14:1 17:5 156:10, 58:14 12:23 120:2 23:14 13,14,16 59:14,18 Eleventh 41:6,11 157:25 95:12 education 158:8 104:19 53:14,17 176:12 46:21 163:25 116:21 educational Elliston 47:3 171:18 137:884:10 15:5 48:24 75:9 184:12, 140:15,23 19:15 else's 87:19 14,16 179:24,25 Edward 141:2 142:25 188:10,13 earned 5:7 employed 190:3,4 endo 151:3,4 100:19 7:15,19, 59:9 e-mails earnest 160:16 20 B:1 165:2 7:2,8,14, 27:2060:1 effect 16,16 56:3 139:20 enemies 11:12 48:19 40:1 40:25 earth 50:5,7,12 employees 69:19 41:5,13 165:3 54:4 15:17 131:20 81:11 enforcement 48:15 ease 165:14 91:3 11:19 62:16 147:14 112:22 12:2 109:10 effective 44:13 135:3 easier 155:12,13 116:6,12 119:11 157:21 7:25 employment 158:2 effectively 39:25 engage 161:21 easy 57:11 66:24 93:3,8,25 71:4 187:6 119:25 87:18 139:18 engaged 163:22 efficient 18:1 eager empty p y 87:5 169:25 40:19 14:1 39:13 earlier eaten effort 91:6,8,9 engagement 25:22 9:23 32:8 10:24 encounters 125:16 28:16 economic 94:17 126:7,10 55:18 10:12 127:22 127:2 150:6 57:1 143:10 encourage 178:15 20:18 128:5 114:11 27:24 efforts engaging 131:19 66:12,14 94:11 end 178:16 144:20 162:5,11, 27:4 146:12 22 ego 38:14 enormous 164:13 167:6 44:12 66:22 181:2 economicall egregious 45:11 186:17 y 71:21 57:12 enormously 16:2 66:8 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 67:8 136:22,25 185:12 enrollment 15:16 entailed 154:25 enter 7:9 40:21 93:3 entire 92:13 entities 23:18 53:2 112:20 116:10 entitled 18:12 41:21 122:5 127:19,20 150:20, 21,22,24 153:12,13 154:12, 16,17 162:20 188:19 entitlement s 154:18 178:18,19 entity 15:3 39:1 56:18 76:25 78:17 97:19 102:6,13 entity's 152:15 envelope 155:9 epiplectic 115:6 equality 11:1 equipment 21:23 22:5 equivalent 36:25 er 163:23 Eric 25:1 essentially 21:25 33:8 111:11 112:5 establish 97:7 established 60:3 162:18 establishme nt 11:4 36:17 119:20,23 164:13 173:4,5,6 establishme nt's 173:10 estimate 21:9 136:12 ethical 128:2 146:3 ESQUIRE 149:3 150:9 151:1 177:13 ethics 134:7 147:5 ethnic 94:25 euphemistic ally 35:9 evening 42:19 43:8 84:15 event 29:12 events 7:23 eventually 19:14 74:13 176:21 181:11 everybody's 133:10 185:21 evidence 178:10 exact 16:9 17:2,8 81:12 90:24 92:14 106:17 149:24 168:21 176:4 examination 4:14 7:3 February 24, 2016 Index: enrol Iment..expected 49:7 132:24 175:12, 18,24 examination e 159:6 examined 4:12 examples 28:16 60:4 94:13,18 excellent 141:22 exception 11:3 exceptional 59:17 149:14 excess 126:20 exchange 136:1 156:16 exchanged 48:15 62:16 exchanges 77:5 excited 52:8,16 excluded 148:12 exclusive 55:16 excused 43:8 execute 101:16 executed 93:21 101:15 103:7 125:15 151:11 executing 101:13 executive 111:9 126:17 130:2 134:4 exempt 41:10,23 42:7 86:10 exemption 15:25 exercise 11:11 121:11,22 exhibit 49:5,6,8 50:16 62:4,15 82:16,17, 19 83:7 100:15, 16,25 101:24 108:23 166:11,12 174:11, 12,15 183:24,25 184:3,4 exist 18:4 expectation 60:21 expected 65:8 800.211.DEPO (3376) Esquire Solutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: expecting -fee expecting expertise 42:12 183:13 60:4 171:20 10:16 eyes y183:13 facts 101:7,22 expedition 12:15 33:10,14, 174:16 132:24 explained 21 44:22 family 119:17 45:4 95:5 expense g 66:8 explicit 61:6,9, 172:13 124:17 112:25 12,14 farm fable 71:22 186:17 explicitly 40:7 107:20,22 39:5,10 expenses 53:7 face 113:19,24 farther 66:6 126:23 48:7 98:9 114:8,18 78:24 68:23 expose 172:8 126:24 119:23 70:25 11:13 127:1 fast 179:18 112:13 faced 136:14 6:6 expensive 60:14 162:2,3 118:22 169:15 exposure faces faculty 141:24 father 137:3 106:6 experience 12:21 10:19 express fact fair 145:11,22 favor 14:22 9:7 16:25 36:20 16:15 expressed 19:9 47:16 20:1,2 18:17 26:5 22:11 60:16 58:3 44:12 107:14 48:22 64:15 favorably 52:8,25 146:1 53:23 121:2 56:2 59:8 extension 57:6 172:2 fax 67:23 91:7 64:12 fairly 116:17 72:16 fi9:8 123:1 87:6,8,9, extent 70:22 11:3,5 10,14 147:2,13 74;4 77:2 28:18 February 88:14,22 160:3 78:20 43:21 15:10 151:23extra 86:6 44:9,11 102:22 160:6,7 128:22 9210,11 : 45:5 103:17 173:19 93:9 95:5 47: 20 108:24 extraordina 101:19 156:3 109:5,19 experienced rily 107:17 fairness 136:9 22.12 22:6 111:17 64:17 federal 119:22123:19 115:2,3 131:6 10:10 experiences 141:18 123:8,20 fall 176:1,12 11:21 188:14 126:20 17:13extricated 129:10 42:3 fee 24:2 169:14 133:19 fallacy 20:19,20 27:10,12 137:25 173:9 59:6,24 179:16 eye 143:22 60:24 16:15 146:7,11 false false 106:14 exp expert 17:12 152:21,24 125:15 162:17 18:17 154:15 familiar 126:5,6 39:19 175:7 49:15 153:18 ESQUIRE 800.211.DEPO (3376) S 0 L U T 1 0 h 5 Esquire Solutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: feed..firm 162:7,16 84:9 124:7 182:1 129:19 182:21 felt 126:22 filings 182:5 feed 43:20 152:1 82:21 188:25 31:11 66:6 69:8 165:18 finding 168:4 filled 39:10 87:20 190:7 176:14 121:25 134:18 88:13 89:6 filed final fine feel 5:9,17 113:13 19:4,17, 149:2 5:3 39:18 6:9,16 44:10 175:20 21 20:24 finalised 28:10 57:4 88:4 178:23 21:4 69:16 58:5 149:18 Ferguson 24:10,14 finally 70.22 162:8 12:4 52.12 16:6942:5 79:4 80:7 165:5 53:20 168:12 feud 87i12 finance 100:6 100:6 6:00 122:2 113:17,20 73:24 102:16 feeling fiction 114:10 financed 118:14 44:8 166:17 123:6 74:5,18, 134:13 feelings g fiduciary 126:14 19 104:14 141:18 155:24 143:22,24 189:20 158:14 144:1,4, finances feels fight 16,22,23, 70:23 190:2 99'1 119:20 25 145:3, 116:24 finger fees 5 146:15, 144:14 17:9 16:4 17:5 figure 17 72:1947:12 20:21 158:13, financial 163:5 23:15,21 67:5 80:1 20,25 16:24 fingers 59:24 figured 160:24 75:23 97:20 124:7 60:5,6, 20:7 161:1,3, 10,12,13 21:14 24 164:18 financially finish 68:3,8 118:14 166:1 158:15 5:15,16 73:12 142:14 175:19 financing 99:20 75:4 152:4 176:5 68:4 174:18 87:19 157:6 180:25 74:21 186:14, 126:8,20 181:16 files 75:12,19, 15,25 131:7,22 figureheads 123:13 20 76:18 190:14 134:9,19 82:8 167:23 fire 144:6,11find 185:1 152:10 151:3 figuring 12:14 152:24 77:8 filing 19:15 firm 153:6,733:6 fila 68:8 60:1 91:8 4:17 19:6 156:11 73:12 94:13,16 24:21,23 19:15,23 75:3 107:1 54:22,23, 162:20 33:13 83:11 114:5 24 55:1, feet 52:11 113:7,8, 119:21 16 56:11, 46:16 60'22 12 123:4 121:11 14 57:7 fellow 113:6,23 144:6,11 122:14 58:18 123:23,25 59:6,22 ESQUIRE 800.211.DEPO (3376) S 0 L a. i a n� EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE Index: firms -foundation 72:3,11 24:12,16 floated 189:7 61:2 74:1,13 57:6,8 77:9 64:16 flourishing 75:5,13, 59:5 72:4 Florida 115:9 81:6 19,21,24 73:5,6 106:5 76:19 75:7 89:2 4:3 6:5 flow 152:25 12:17,23 86:18,20, 103:3 109:14 177:8 13.2 22 87:9, 105:8,11 132:3 17:21 formal 23,24 firsthand 18:24 fly 139:11 88:7,14 119:22 19:9,12 142:12 89:3 formed 90:15,20 fishing 22:15,16 flying 56:11 105:8 132:24 25'2'24 44:15 76:23 26:3 28:8 107:19,2577:2 £it 30:6,9,12 focused 108:6,8, 73:21 31:5 182:20 78:16,20 13 110:1434:14 79:3 94:5 109:12,25 149:4 48:1forming Fog 110:2 130:21 114:6 five-minute 55:11 folks 51:1,4 116:4,25 100:22 63:15 46:3 forms 123:4,9 five-year 64:13,1 129:21 106:8,22 21 65:2,, 125:11 93:125,10 142:5 fortunate 128:17 fix 67:13 187:13 19:6 129:15 127:12 73:18,22 follow 61:13 131:5,16 132:1 130:20 82:2,6,20 18:19 forward 133:13 131:4 84:11,21 98:18,19 110:21 134:19 163:7 86:7 87:6 food 183:6 135:7 182:23,25 90:9 9:22 found 94:12,21, 136:14, fixed 66:10 15:2 25 105:16 16,23 121:19 106:11 95:1 30:10 137:5 fixing 111:23 foolishly 33:20 138:10 116:1 119:9 14:2 34:6 139:8,14 123:22 46:22 140:9,11, flake for-profit 112:10 125:5 25 115:12 126:9 23:4 114:14 141:10,23 flesh 128:4 forceful 115:16 143:18 58:8 134:8 88:18 116:5 144:8 136:25 118:5 146:7,21 flew forego 129:10 149:4,22 140:11 137:11 127:17 152:13 141:11,12 140:4,7 foundation 158:3 143:2 142:2 Forest 7:16 8:24 171:12 168:8 162:9 6:5 13:2 177:12 185:20 163:5 forklift 25:25 171:1,7 183:14 35:2 firms flip 181:3,9 39:24 8:16 110:21 182:6 form 45:5 39:3 51:1 ESQUIRE 800.211.DEPO (3376) o , . , a .. EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 50:21 fraction 51:2,4 53:20 63:8,9 frankly 65:25 17:6 66:2 25:13 70:6,16, 33:17 17 74:11 38:21 75:2,3, 44:24 12,23,25 56:25 76:3,19 82:7 77:9 80:9 108:1 82:22 142:16 83:4 170:17 84:14,17 173:3 85:3,5,6, 22,23 fraud 87:13,22 117:25 90:5,13, 123:1 25 94:5 161:13 105:12 164:4 107:24 177:15 108:9,14 fraudulent 111:23 153:8 116:8 117:8 fraudulentl 122:16, y 23,24,25 124:9 123:12,13 freak 124:10,13 113:18 128:23 140:1,5, free 17 141:5, 5:3 9:12 7,17,21 66:7,22 144:13,23 81:4 146:6,7, 112:2 16 155:6, 162:8 9 157:3 frequently 158:10,12 10:20 169:12,23 35:8,12, 170:2 16 179:12 177:17 fresh 179:6 80:4 foundation' Friday s 133:20 76:15 friend 26:1 86:2 friendly 26:11 friends 137:24 183:6 frightening 13:15 front 14:9 39:6 159:8,9 188:12 189:7 fruitful 136:24 frustrate 23:20,22 frustrated 24:3 28:12 frustration 127:23 fuck 100:1 119:14,21 124:25 125:4 137:20 145:23 149:25 164:13 168:23 188:11,19 189:15 190:11 fucked 121:18 123:3 186:7,11 fucker 119:14 February 24, 2016 Index: foundation's..gee fucking 177:25 118:5,6, 9,21 137:22 172:14 184:19 185:5,21 190:12 full 24:18 42:18 58:4 69:11 79:5,6 174:5 185:6 189:2 fully 118:17 127:8 fun 105:22 181:24 function 56:23 fund 66:21 67:5 110:5 fundamental 37:12 115:24 124:22 funding 84:16 funds 74:25 75:1 108:13 109:16 funny 130:12 159:22 G gaining 96:7 Gale 14:17 game 3 8: 14 gall 158:18,19 gate 108:2 gather 41:22 gathered 158:3 gave 7:4 13:17 17:9 51:10 52:1 54:10,25 79:3 86:24 93:22,23 98:14 112:1 127:8 143:14 161:19 163:12 167:5,13 175:2 179:19 185:4 gee 18:22 81:17 156:3 ESQUIRE 800.211.DEPO (3376) 0 L O T 1 0 X 9 Esquire Solutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: gender.. governor gender 134:9 12,20 24 157:6 11:1 Giovanni 180:15,16 102:10,18 160:18 general 140:19 183:1 109:3,9 172:13 18:14 145:13, 190:16 134:11,15 176:13,18 26:19,23 20,25 giving 138:12,14 181:25139:19,23 34:25 146:1 41:20 187:14 44:5 52:3 147:2 87:21 141:4 190:2 149:15,18 88:21 166:10,14 gotcha generally g Y 167:10,18 10:3,11 gist 110:2 171:3,14 124:4 11:4 51:6 117:17 174:10,14 government 26:13 168:19 163:5 175:23 11:15,22 27:23 180:22 183:23 12:21,25 37:13 give 185:8 184:2 14:12 4:6 14:8 188:11,15 43:12 16:11 189:9,24 15:3 19:9 56:1,3 17.25 gleaned 190:21 20:6 141:1 18:12 13:16 191:6,10 26:5,13, generated 24:18 gobsg g olfin 20,24 136:12 33:10 31:21 70;9 27:1,20, 40:6 39:21,22 21,23 generates golly 28:6,15 68.2 44:25 Goldstein 18:22 30:9 31:1 110:6 45:24 4:15,17, 36:20 46:10 good 21,22 37:13 generous 4 47:13 4:16 66:4 66:5 6:13,17, 16:18 52:18 20 7:10 55:25 gentleman 70'24 10:6 32:10,14 56:5,9,23 19:11 4/ 72:2,10,19 27:7,8 63:11 58:7 130:1,6, 49:4,12 70:2 67:22 12 140:20 74:25 54:19 :15,21 74 73:16,21 genuinely 77:25 61:18 74:7 78:4 76:8 159:2164:24 89:4 96:14 79:22 8: 82:2,6 181:23 99:24 78;10,25 855:7,12, 7 88:11 79:7 95:20 get all 107:19 80:14 13 87:15, 107:4,16 138:2 109:25 81:7 21 88:4, 111:11,22 110:1 19'20 giant 82:15,19, 134:8 112:11 89:6 95:9 167:6 24 83:1 140:4,15, 122:2,5 110:13 91:19 17 141:1 gig 124:5,6, 114:7 92.7 142:1,15 24:8 17,25 93.1,2 115:13 179:11 127.2 123:20 GILL 96:21 180:21 137:20 130:25 138:11 97:9,15, 181:17,24 141:16 142:5 22 98:10, gin 155:19 21 99:14, 149:4,11 governor 134:6 157:10 150:5 70:9,10 21 100:6, 169:11, 151:16 119:10 ginning 11,15,19, ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE Index: February 24, 2016 Governor's..happen Governor's Greg 92:18 65:5 153:9 140:2 19:10 95:15 73:10 155:7 138:23 132:19 74:25 174:17,18 Governors 171:7 151:18 169:11 84:9 hand -in - gregarious 180:1,5 85:25 hand gracious 95:10 guessing gg;yg 14:11 95:4 96:3 152:7 grid 32:21,22 97:13 handed graciously 121:17 181:14 116:23 14:1 85:16 Grier guest 130:25 49:20 170:16, 45:9 131:23 155:8 graduate g 23,24 guilty 159:16, handing 52.9 171:4,8 47:6,10, 22'25 149:21 105:25 14 167:6 graduates grind 169:5 handle 52:15 165:7 Gulf 171:21,25 54:23 ground 30:1,5 173:6 88:12 grand 53:2 139:9 69:16 190:7 87:12,15 uys 18:23 handling g rant group 88:3 60:7 74:4 150:13 8:25 30:21 gg:15 77:15 166:19 157:8 89:9,11, 92:2 21 90:1, 117:12 92:24 hands Gray 14 116:6, 120:23, 100:21 11:5 171:2,3,8 17 120:7 24,25 182:16 146:19 great 149:15 121:1,3, 184:18 190:19 25:14 17:15,23 122 5 185:19 handwriting 98424 1766:20 122::1818 186:20 135:13 114:17 groups 123:7,10, 187:7 115:767:15 14 189:5 hang 136:7 91:15,16 124:10,20 guys, 58:1 138:10 111:13,14 126:15 184:24 172:7 147:13 145:6,8 hang-up 149:23 guess 157:17 69:5 150:12 10:16 161:25 H 156:18,22 15:11 178:6 hanging 176:10 20:6 27:1 181:1 hair 138:4 28:1 182:2,10 124:4 159:24 greatest 32:23 169:2 148:15 33:6 34:1 guy half 173:21 38:23 22:22 96:19 greedy 24'22 Hanna 129:4 39:19 hallwa y 140:24 43:2 25:1 26:2 155:17 145:14, Greensboro44:22 27:19 37:3 56:16 31:17 hand 20,25 greeted 63:1 73:2 46:24 58:6 187:21 85:11 47:3 64:1 86:10 happen 120:7 106:12 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE Index: happened.. hostile 36:3,11 harassed heard 190:5,18 Holiday 137:14 39:18 16:13 hiccups 26'9 156:8,17 harassing 17:21 164:17 home 188:20 30:1,2 42:1 77:16,23 hid 42:22,25 happened 164:22 48:9 84:8 78:2 92:5 186:3 97.24 harassment 110:12 hide 118: 118 : 18 102:9 39:17,19 133'9 185:25 158:20 105:21 42:9,10, 143:11 186:4 12 172:17, honest 107:13 hard 18,19,20 high 122:20,21 115:2 52:25 137:15 18:4 20:7 hearing 123:19 Honor 156:4 71:21 20:19,20 131:11 16:8,10 160:23 94:13 126:5,6 hook 180:19 97:17 153:25 highlight 155:4,24 162:7,16 32:5 59:13 happening 183:22 hoops 122:14 held Hillaboroug 185:6,14 h 106:16 124:8 106:20 126:12 189:10, 53:24 Hoover 13,20 hell 122:9 121:15 happy hassle 16:15 6:1 29:8 115:6 hire hope 31:11 114:3 124:18 68:25 48:19 34:13 hate 131:23 84:14 50:5 51:5 47:22 27:2 185:10 162:17 92:24 48:18 Haven helped hired 110:5 49:25 45:612:12 16:3 19:7 121:18,19 50:5 51:4 84:13 95:22 23:3 hoping 58:2 85:9 46:20 85:18 156:7 66:17 86:1 99:7,12 head helpful 134:24 hopped 100:10 5:20 8:18 45:2 179:10 82:7 119:13 24:19 78:14 180:20 horns 159:23 88:15 162:2 171:21 163:13 120:16 helping history 177:10 186:4,23 129:24 66:15 188:25 138:23 20'19 hobbyhorse hospitable 189:7 152:9 34:9 57:3 42:23 122:7 72:9 190:5 health hold 191:5 15:16 helps host 62:4 61:2 161:6 harass hear 96:17 38:25 6:9,15 hey 174:17 172:23 39:1,12 10:4 29:7 51:3 190:1 hostile 41:18 27:3,4 77'12 82:6 124:1077:18,19 169:11 hole 85:16 170:18 168:10 78:8,11 O ESQUIRE 800.211.DEPO (3376) 9 0 1 X 1 1 0 X 5 EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE Index: February 24, 2016 hosts.. independent hosts 148:5 82:18 99:24 imprudently 79:12,13 hundreds 100:17 impermissib 175:20 hot 19:18 166:13 le 176:2,5 32:6 111:22 174:11,13 36:3 in-house 86:5,19 141:19 184:1 89:8,12 implying hotel 167:22,23 identify 128:9 in-person 42:24 168:1 22:2 55:21 importance 84:12,16, hung ignorance 12:25 inaccesaibl 17,19 33:20 15:2 ee:10 e 118:16 hungry ill 18:8 142:9,21, important 23 143:3, 32:15 172:22 22:18 incidental 5,6,8,9 37:4 74:5 illegal 37:9,10 18:22 hour hunt 18:11 66:11 inclined 165:2 177:22 125:18 31:13 99:8 128:18 hurry 178:7,8 148:23 100:3 129:1,2,7 48:9 Image 153:3 include 131:22 husband 23:3,7,20 impossible 127.2 hours 47:6 imagination 135:19 included 43:16 67:4 impressed 103:2 45:23 I imagine 147:22 58:12 107:20 impression incognito 91:24 118:4 50:13 13:3 128:19 i.e. 130:7 54:7 income 129:4 53:8 14B:B 64:21 158:24 house IA imagining 76:18 189:4 9:24 32:4 46:24 67:12 82:4 incorporate 42:24 idea 89:12,13, d 43:7 45:17 immediately 14,17,19 90:6 63:4,10 56:13 53:9 96:9 1 65:17 61:25 83:22 134:21,23 incorporati 69:15 77:8,25 Immokalse 148:11 on 77:14 79:22 39:5 149:12 83:14 79:10,13 80:4 168:8 90:11 84:3,5,11im 112:9 act 172.4 incredibly 95:3,5, 184:21 66:25 improve 40:18 11,12,16 ideal impeach 20:16 incurred 140:6 46:17 159:24 58:15 improvement 126:20 identical eccabla im 123.18 53:4,14 independent Hudson 162:9 107:22 imprudent e imperative 39:23 70:15 huge identificat 5:14116:22 176:9,14 66:10 ion 49:9 imperil independent 116:19 Q ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE Index: February 24, 2016 indications.. invite 70:19 17:3 186:1 12:2 interrupt 71:1 34:23,25 institution interacted 10:4 80:19 35:4 92:22 15:5 88:4 117:23 112:12 132:3 180'2 instruct 104:15, 170:21 indications 16,17,21 97:4 99:6 62:16 initial interviews 50:25 instructed interaction 157:8,9 indicator s 66:3 120:20 147:21 104:18 intimately 80:22 instructing 172:9 162:2 indignant 83:8,12 97:8 138:6 interest intimidated initially 98:3,5 indispensab150:14 8:10 119:11 instruction 10:13 Is intrigued injunction 98:9,15, 11:2 161:8 13:8 163:2 18,19 18:20 individual 99:17 23:24 introduced 59:11 Inn 26:9 instruction 26:5 86:3 individual, s 34:11,23 introductio innocuous 37:16 s 151:18 n 70:18 157:1 107:14,17 110:9 instrument individuall input 190:12 interested intuition y 87:5 14:6 51:9,10, instruments 29'16 63:6 inquire lity 11 89:24 38:13,17 34:9,15 97:19 70:18 51:22,23, invasive ins 104:6,11,15:13 24 52:2 individuals 178:2 12 117:23 70:3 investigati 54:2 inside 121:22 116:1 on 59:21 91:13 122:18 121:21 122:11 81:3 155:9 insurance 122:13 145:18 15:16 170:20 investigati inevitably insisted 16:25 181:24 one 70.19 46:25 38:5 85:14 152:15,22 interesting infiltrate 154:12 25:11 investigati 121:13,14 insistent insuring 29:2 17 ve 31:9 116:2 121:24 85:19 influenced inPeet 112:8 174:9 integrity interfere 86: 82:10,13 invitation influences 124:10 31:8 81:4 instance 128:13 intern 43:10 33:12 intending 86:2 48:4 information 123:16 112:4 13:22 112:9 111:19 14:15 instances 113:23internal 161:22 15:16 46:24 118:17 46:25 invite 16:20,24 instant interact 127:21 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: invited..Josh invited 47:18 43:13,14, 77:3,6,10 166:15 48:8 134:5 17,19 78:21 170:21 179:6 Islamic 45:13,25 79:9 174:15 invites 8:21 35:2 56:1,3 83:11,23 177:7 67:14 94:6 50:19 Islamic- 73:17,18, 102:22 Joel's inviting americaa 22 82:6 136:8 116:24 100:8 34:10 89:1 139:21 John involve issue 111:2124:22 jeopardy 91:12 29:1 126:21 38:9 138:24 170:6 33:22 132:5,20 jointly 34:19 139:15 Jerry 97:12,17 involved 141:1 170:14,22 10:17 36:1,4 142:1 15 jokes 12:14 44:15 153:15,19 Jersey 121:9 61:5,10, 45:16 169:1 29:23 57:17 65:7 Jonathan 14 BB:S 58:7 172:11 51:12,14 91:13 67:18 177:13 jerseys 52:1 94:22 73:12 178:14, 20 105:19 54:14,20 113:11,24 80:3 179:12 Jill 55:11,22 135:3 102:15 180:22 120:6 61:20 137:4 106:17,25 181:17,24 63:12,23 170:10 107:13,17 187:3 Joann 65:1,15 176:21 161:21 109:13 Italian 176:7 67:20 involvement 113:18 63:10 77:7 113:3 115:24 job 79:19,23 Irish 125:16,25 46:13 80:15 168:9,10 128:13 J 87:15 87:4 129:18 95:20 88:22 Irishman 132:15,23 jacked 111:21 95:6 168:11 143:6 42:8 112:2 113:10 ironic 153:17 jail 118:20 136:22 148:13 177:24 149:7 137:4,9, 46:2 161:24 180:13 Joel 12,15,19, 181:18 James 4:11 5:7, 20 145:12 Ironically 184:17 12:20 g 6:9,15 146:9 22:10 188:12148:3 January 61:2 79:3 ironies issues 41:16 82:9 178:13 136:7 9:5 48:12,16, 92:16 180:5 165:12 10:13,14 17,25 96:17 Josh irreconcila 26:13 49:2,3 97:4 98:3 4:19 6:9 ble 27:20,21 50:18 100:19 27:2 157:3 28:6,20 55:20 101:5 54:16 30:24 56:5 117:4 78:7 irrelevant 31:1 61:21 132:2,6 96:18 36:6 37:24 63:17,19 160:15 98:2,8 ESQUIRE 800.211.DEPO (3376) 3 0 L u r 1 0 n 5 Esquire Solutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: Joshua..Latinos 100:18 155:1 kids knew 25:9,12 102:7 183:20 160:4 13:14,15, 107:11,25 109:1 juriadictio kind 25 70:20 111:3 139:17 73:25 115:10 n 15:24 167:9 60:6 19:14 84:9 148:9 175:22 87:13 151:14,23 jurisdictio 23.1 95:13 Joshua 27:18 Lacicero's 4:16 ns 29:5 40:6 135:13 107:15 12:6 157:8 journalist justice 44:25 180:3 lack 85:20 48:4 52:3 89:18 9:13,18 54:7 knocks journalisti 10:12,15 63:14 20:7 ladies C 11:1 45:1 64:1 172:14 knowing 112:8 130:4 65:19,21, 106:24 lady judge justified 23 67:24 119:24 81:21 16:7,13 129:12 68:21 152:10 95:7 60:4 justify69:3,12, 157:14,15 119:12 69:24 15 77:9 120:6 92:12 162:17 82:2,14 knowledge 99:6,7, Juvenile 93:3 14:10 laid 11,13 130:4 111:15 15:6 20:6 69:18 100:8,9, 114:3 44:21 156:6 11 185:10 116:20 56:10 183:13 186:16,22 K 118:11 73:20 Lakeland 188:12, 120:9 103:12 6:5 13:4 21,22 K9 130:11 104:3 90:9 189:8 11:11 139:12 123:13 155:3,25 121:11 140:21 125:12 judge's 147:3 126:14 landmark 176:16 keeping 148:13 137:4 19:11 judges 127:13 155:10 143:23 language 61:15 136:18 156:3,4,6 148:2 153:21 165:1 161:11 149:9 judgment Keith 165:9 151:8,10 large 57:18 138:25 168:19,25 knowledgeab 147.210:7 July kerfuffle 169:4 le 175:3,8 12:4 173:2 73:22 largely jump 167:14 176:25 82:1 45:8 106:16 keys kingdom 147:23 late 163:13 43:15 June 163:12 129:25 168:24 Kissane L 143:2 133:21 kid 4:17 136:10 46:11,14 kitchen Lacicero 181:15 138:15,16 47:2 47:11 19:7 Latinos 139:22 121:9 24:20 45:22 ESQUIRE 800.211.DEPO (3376) 9 0 1 V T 1 0 M 5 EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE Index: law -legally law 105:8,11 lawsuit 144:7 157:11,15 4:17 8:16 107:19 19:16 150:13 160:20 11:19 108:6,8, 21:1 33:7 157:22 172:13 12:2 13 40:11 158:1,2 176:21 13:14 109:12,25 52:12 170:11 leaving 15:4 110:2 58:15 lawyer 14:1 16:17 114:6 87:12,17 123:1 155:15 18:19,21, 116:4,23, 89:15 23,25 25 119:11 94:16 lawyers ledge 19:6 123:4,9 114:9 132:14 168:20 20:23 125:11 123:6,14, 138:18, left 24:12,16, 128:17 17 125:24 21,22 15:10 21,23 129:15 126:22 lay 27:16 31:6 131:5,16 131:12 180:13 48:4 39:13 132:1 158:13 54:20 42:10 133:13 160:9,18, layperson 56:1 63:9 43:12 134:19 24 161:1, 138:7 85:12 44:12 135:6,7, 4,6,23 177:20,21 132:13 52:10,11, 12 162:4 layperson's 136:10,19 14 54:22, 136:14, 165:18 65:7 149:13 23,24 15,23 166:9 157:2,14 55:1,16 137:5,9, 172:22 lead 165:8 56:11,13 12,22 18:13 57:6,7,8 138:3,9 lawsuits legal 58:18 139:8,14 19:5,103:8 8, leading 16:4 17:5 59:5,6 140:9,10, 22,23 2223 54:9 19:4,7,17 61:12,16 25 20:17 79:15 20:12,15 64:3,10, 141:10,23 24:10,14 93:8 23:14 13,20 143:18 33:7 25:14 65:2 144:8 68:2,5 leads 45:24 67:20,21, 146:7,21 73:7,14 38:6 46:11 25 72:3, 149:4,22 86:6,17, League 56:20 4,11 152:13 20 812 123:23 57:21 73:5,6 154:4 107:12 124:24 58:20,23 74:1,13 157:23 110:6 125:5 60:12 75:4,7, 158:3 113:5,6, 162:9 68:3 80:2 13,19,21, 162:6 8,9 181:4 97:3,13 24 76:19 163:6,8 114:10 99:19,22 82:2 165:1 117:1,5 learn 123:2 86:18,20, 171:12 123:11 154:8 132:11 22 87:9, 176:20 125:11 learned 134:9 23,24 177:1,4, 129:1 43:25 149:3 88:6,14 12,15 134:7,18 150:9,25 89:2,3,19 178:12 135:4,5, leave 177:13,21 90:15,20 6,13 135:23 180:15,17 lawless 136:6 139:4 96:11 84:24 139:9 149:11 legally 103:3 ESQUIRE 800.211.DEPO (3376) 5 0 L U T 1 0 4 5 Esquire Solutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: legislation.. log 36:25 liar 185:13 25:16 169:24 117:2 47:1 limits 59:21 183:21 legislation liars 70:8 68:6 74:8 185:9 125:6 46:23 87:4 litigator linea 106:18 142:4 license 55:9 64:6 114:13,16 89:14 legislative 31:6 116:22 142:18 litigators 182:19 89:19 lion's litigating 19.9 legislators 137:9 72:2,11 71:18,19 litigious 128:14 165:1 list 73:2 100:1 legitimate licensed 17:22 114:15 live 100:4 65:4,6 25:7 litigation 160:16 102:6,12 88:1, 2 69:20 11:25 137:11,12 lives 103:1 106:3 20:7,9,13 67:1 128:10 lieutenant listed 24:4 169:8 length 86:8 34:21 33:12 43:12 life 36:20 livid 37:14 listen 51:17,19 118:5 lengthy 95:20169:5 52:18 living 140:24 OD:19 100:2 182:24 53 186:19 letter 125:5 listened 55:25 126:7,11 130:5 147:19 56:5 to 150:6 151:20,22 lists 57:14,19 17:16 120:15 155:8,11 156:12, 58:1 59:9 1922 40:1 60:2 loans letters , 158:15 83:14 61:11 138:4 125:16 106:4 67:18,22 178:15 165:3,11, loathe 15 literally 69:7 letting 151:19,21 70:20 98:25 152:7 lifted 160:15 71:5,10 lobby 164:8 189:3 88:12 14:10 level 10:18 ligation litigant 94:23 127:14 88:8 165:21 19:17 107:4,16 local 114:22 152:17 light litigants 121:6 11:16 91:9 12:5 58:7 Levy 141:25 123:20 11:17 112:16 124:2,3 87:6,7 litigate 181:9 Lexienaxis likelihood 73:4 127:19 21:14 64:12 91:12 128:16 locally y 132:6 24:24 liability limited 105:14 137:17 60:3 56:9 110:7 location 87:14 114:17,19 147:13 90:3 126:4,5,8 152:5 131:3 103:2 154:19 160:10,12 log 162:6,18 165:22 litigated 162:12,23 86:9 163:1 184:18 19:11 163:7 ESQUIRE 800.211.DEPO (3376) 3 U l O l 1 0 N 9 Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: logically.. make logically lookout 135:16 lunchroom 122:19 36:24 51:16 142:11 91:5 123:12 long loosely 146:2 130:18 8:22 12:9,19 155:16 M 132:16 20:18 165:2 134:3 Lord 183:21 136:2 42:13 154:23 Machiavelli 141:7 58:2 64:2 lots 66:17 lose 56:25 an 152:4 78:6 91:17 57:15,16 157:12 156:23 81:14 150:1 58:18 machination 157:19 85:18 loafing 157:20 a 162:1 151:12 164:24,25 162:22 Lou 167:13,15 115:9 115:9 lova 179:4,6, machine 168:14 117:3,5 99:4 10,16 21:18 177:16 132:25 180:9,10, 22:8 181:4,6,7 149:2 lost 11 181:23 49:10 182:6,10 150:9 19:24 183:4 116:17 151:15 23:24 186:8 Madison 154:458:11 machines 12:20 157:11 106:19 188:1,7 21:24 17:17 159:25 love mad mail 160:4 lot 94:25 110:8 168:22 12:4 18:5 181:16 72:23 25:12 115:6 86:14 169:5 28:6 loved 121:18,19 131:13 181:21 31:12 46:2 made 133:15 182:18 183:5 33:19 lovely 7:8,14 maintain 184:21 37:24 31:17 12:16 146:4 52:20 - 32:19 13:12 long-time 53:18 95:7 15:15 maintained 155:18 54:2 130:11 16:21 127:15 longer 56:24 17:7,11, majority lumping g 108:14 59:22 14 30:5,7 25:8,10, 175:8 65:18 17in 33:4,9 16 46:1 66:25 lunch 35:20,25 59:8 Longport 67:1 9:12 32:8 40:12 121:2 29:23 73:7,13, 105:21 41:13 longtime 17 89:2 174:3,7 65:20 make 81:11 94:11 181:19 71:8,12 13:5,23 95:2,11, 72:13 14:6,15 looked luncheon 33:18 23:12 14 139:25 88:4 35:3,6, 112:13, 92:11 64:1,9 140:2,12 15,17 69:13 14,15 141:5,10, 106:15,16 36:8,9 115:21 107:2,5 , 142:8, 38:1 125:18 io 6,7 18381:16 128:12 111:16 40:2,21 129:6,7 114:1,20 47:21 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: makes..marty's 53:7 27:10,12 141:20 147:4 22,24 57:13,14 34:22 March Martin 117:9,14, 61:12,15 35:23 16,20 15:10,12 25:18 71:3,4 37:22 119:6 110:18, 65:12 72:1,15, 38:4 122:3,4, 22,23 B1:9 16,22,24 40:19 14 124:23 111:6 102:23,25 74:25 42:2 136:9 104:10,24 125:7 86:12 69:24 132:22 164:18,20 154:21,24 92:8 84:6,22 145:12 93:19,20 113:2,3, marginalize 156:2 146:6,13, 96:10 21 115:14 d Marty 19 155:19 98:1 116:9,17 148:12 26:3 156:1,9 104:8 117:10,11 mark 29:12 157:15,18 105:23 121:9 49:5 30:20,22 158:6,12, 112:20, 122:24 82:16 31:2,17, 16 159:2, 21,24 124:12,13 93:19 24 32:17, 4,7,15,21 116:6,14 127:23 100:15 25 37'21' 160:7 119:25 128:16 166:10 24 38:11 163:22 123:11 129:5,11 174:10 42:20,23 164:21 124:3 142:23 183:23 43:8,20 165:1,8 142:3 172:23 187:21 44:8,10, 168:7 147:24 177:17 18 47:21 169:7,25 149:2 178:4,5 marked 48:4,13 171:23 150:19 49:6,8 50:17 172:2 162:13 man 50:16 54:5,7,9, 173:12, 165:3 72:9 62:4 12 55:20 18,21 169:25 119:19 82:17 65:16 177:5,11 172:12 183:12 83:6 67:7 179:23 173:6,22 man's 100:16,25 71:11 180:5,8, 180:13 183:12 101:24 72:9 24 184:19 183:7 108:22 74:22 185:4,18, 186:19,21 manage 166:12 77:4,11 20 190:6 22:16 191:8 174:12 78:5 23:3 183:25 79:11,16 warty e makes management market 81:13,14 32:4 31:20 21:20 84:1,17 43:7,9,17 36:22 154:1,6 22:1 85:5 44:16 56:24 marking 93:7,10, 47:19 61:8 managing 100:18 55:24 86:11 88:6 22 94:2 65:16 117:16 135:6,7 Marra 95:6,8 66:20 126:23 137:11 92:12 96:3,9 76:2 150:10 148:3 Marrett 97:3 79:10 109:21, making manual 140:24 23,24 84:11 14:14 127:13 145:14, 110:10, 95'2'7 19:220,25 manuals 13,:5,14, 14 110:4 21:16 111:23 146:11,24 116 117:23 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: Mary -mill 121:22 meaningful 43:1 103:16,21 14:20 125:3 46:7 46:10 104:1,2 26:8 155:18 187:19 47:23 memorializi 31:15,16, Mary means 48:3,11 n 8103:18,22 24 38:16 171:20 27:19 50:2,14, 52:24 29:10 19 54:9 133:15 62:25 mask 55:20 63:4,12, 160:2 59:18 63:23 memories 13 81:19, 124:2 match 65:12,13, 159:23 21,22 119:6 meant 14 67:12, memory 84:1,16 122:1 66:24 14 91:14, 59:16 105:24,25 69:20 15 118:6, 62:19 163:14,17 Mathematica mechanics 7,18 168:8,13 lly 65:20 158:3 men 169:6 121:4 180:24 37:2 40:8 173:23 Matt mechanisms 76:9 179:8,23 23:18 meetings 25:4 40:18 mention 181:12 matter media 111:18 64:5 183:9,10 4.23 112:9 135:7 mentioned meter 25:18 meekly 137:5 29:19 162:19 33:19,20 16:8 148:12 34:10 Miami 34:6,17 meet 166:25 55:18 13:5 36:13 25:21 Megan 57:1 32:11 37:23 26.47 , 4:1 114:11 Miami's 47:16 146:12 61:8 30:13,25 member 181:2 130:5 128'7 45:17 13:3 17:4 184:16 156:12 134:2,3,8 48:25 104:8,15, Miami -dads 160:17,18 50:10 16,18 MEo 84:22 165:7,24 51:150:18 141:17 87.7 77:10 109:10, 166:19 84:13 members 12,13 190:13,25 9:22 mic 85:24 6:12 Mckenzie 12:22 merge 14:17 10:2 5 105:21 17:1 131:13 mid 123:17 81:18 Merit 179:25 Mcknight 179:7 94:3 138:25 181:15 24:22 104:14,21 ddle middle meal meeting 128:15 32:19 14:16,20 140:4 140:19 17:9 23:2141:9 145:13, 31:19 meals 26:2,15, 181:3 20,25 72:19 95:6 20 27:15 124: meaning 29:18,23 memo mesa 149:25 163:55 20:2 30:13,16, 119:17 177:12 mill 30:3,11 19 32:5,6 memorandum 25:12 168:9 33:1,3 93:17 met ESQUIRE 800.211.DEPO (3376) 5 0 l V T 1 0 h 5 EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE million 124:17 151:20 159:4,5 170:3 millionaire s 122:1 mind 25:14 28:24 54:8,16 85:9 100:21 104:23,25 136:2 147:14 mine 86:2 155:24 160:22 165:10 189:16 Mine's 3 8: 7 ministry 45:7 minor 72:20 109:13 122:12 141:20 minority 9:13,17, 18 10:13, 15 11:8 24:6 28:14 45:1 121:12 minute 54:16,17 133:11 minutes 40:22 42:3 131:14 155:13 191:7 miserable 165:3 mistake 104:8 mistaken 54:15 80:25 83:24 84:15 86:5 113:22 150:17 151:12 171:7 174:4 misundersta nding 124:22 Mitch 169:4 187:6,16 Mitchell 166:25 167:3 modest 87:20 127:22 moments 133:16 Monday 83:25 84:1,19 133:21 monetary 127:22 129:11 153:11 money 18:5 23:2 28:13 29:5,15 41:12 59:14,15 60:9 66:16,19 75:4 76:15 82:9,12 85:11 109:14 116:2 117:17 119:3 124:25 128:16,17 129:6,20 150:22 158:17,21 159:3 165:2 169:19 170:5 181:19 185:13 monolithic 173:8 month 31:23 68:16 74:2,23 94:6 135:5 136:6 181:13 months 7:3 30:18 46:9 134:25 136:11 Monty February 24, 2016 Index: million.. mystified 58:4 morally 36:24 Morgan 122:3 morning 4:16 43:16 95:18 118:17 141:13 143:1 mother 119:14 motivated 66:16 motivation 33:19 34:5 35:7 37:6,23 40:15 162:11 motivation' s 36:3 motivations 35:12 36:15 37:8 47:17 61:7 69:21,23 mountain 138:4 mouths 31:11 move 79:4 121:20 130:13 165:11,16 Mulberry 30:12 Muller 120:6 multi- billion - dollar 53:10 multi- million - dollar 40:22 multi -state 137:12 multination ale 21:21 multiple 30:8 mumble 5:2 municipalit ies 30:6 72:25 147:11 181:3 municipalit y 84:22 182:6 murder 47:8 Muslim 34:11 Muslim - americans 9:5 mystified 178:9 O ESQUIRE 800.211.DEPO (3376) 3 0 L U t 1 0 X 9 Esquire Solutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: mystifies.. November mystifies 173:14 85:20 107:13,21 160:9 128:24 necessity 140:3 110:16,17 161:6 102:5,12 141:24 111:3 165:19 N 103:1 newspapers 137:23 North neck 12:23 nodding 37:3 naive 169:2 nice 5:20 171:1 67:19 needed 14:5 non- not-£or- Nakomis 68:5 32:16,17 attorney profit 30:12 42:25 135:13 56:18 needing 48:13,18 79:18 named 74:865:15 non- 102:6,13 26:2 Needless 71:11 attorneys180:23 103:2 84:10 161:11 81:21,23 notable 96:3 130:1 non- 97:13 nefarious 158:4 negotiables 28:24 120:6 29:4 159:16 127:16 29:9 161:7 negative 168:9 notarized names 151:23 169:5 non- normative 72:22 138:21 157:13 172:16 14:23 86:13 173:20 181:22 notary Nathan nonevent 25:2 negotiate Nick 13:18 4:2 114:5 60:10 131:15,22 26:10 notated national 133:12 12:18 negotiated 136:1 nonexempt 51:13 nationally 126:16,19 137:18 15:18 notation 28:8 152:13 145:13 nonissue 50:17 negotiation 156:10 75:7 note nature 128:9 night 177:8 25:5 33:2 nonprofit 67:21 150:23 32:2,3,4 27:22 noted 72:6 95:1 negotiation 42:16 54:2 132:21 100:1 s 43:9 56:22 133:10 132:11 133:14 46:6,9 57:20 146:5 178:16 63:5 58:22 notes 150:23 nemesia 69:10 77:9 6:25 7:1, 142:9,20 80:15 8,11,14, navigate 171:25 182:15 16,18 10:23 neophyte 96:6,7,15 27:7,11 111:15 58:14 nights g 130:2 91:19 187:12 131:24 Neapolitan notice 95:1 news 112:12 no-win nonsense 153:13 149:20 143:15 183:17 necessarily newspaper 157:25 55:18 12:17,23 noble 158:14 notorious 56:9 70:2 13:16 105:15 47:1 90:23 106:2,4, nonsensical 44:1,3,14 13,19,24 159:8 November ESQUIRE 800.211.DEPO (3376) 5 0 l V T 1 0 N! EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: nuance -offering 175:17 30:14,17 129:15 181:13 69:22,23 37:21,25 131:5,16 182:10,14 nuance observation 35:7 43:4,24 132:1 183:8 12:18 47:24 133:13 188:9 nuclear 49:25 134:19 obstruction O'hare's 168:22 50:18,19 136:13 s 188:5 number 51:12 137:4,5 10:23 7:8 11:18 54:14,21 138:9 oatmeal occasions 12:12 55:1,11 139:8,14 29:13 57:5 24:20 56:11,13 140:9,10, obeyed 33:7 57:7 59:6 25 141:9, 20:23 occur 46:21 61:20 23 143:18 53:3 57:5 62:21 145:13 object 170:7 62:5,12 63:23 146:21 64:16 occurred 68:25 65:1 66:2 149:4 96:25 26:20 74:12 72:3,11 152:13 134:13 81:22 74:13 154:22,25 159:10 occurring 116:18 75:11 156:2 objected 134:21, 123:25 76:18,19 159:14, 79 '21 22'23 131:10 80:16 19,21 164:10, 177:1 136:12 81:4,9 161:1,3,7 11,12 October 141:17 83:17 164:11 184:11 101:13,17 167:16 86:18,20, 166:22 175:24 182:9,11, 22 87:9, 167:14 objection 23,24 172:20 35:5 39:3 offended 21 88:6,14 173:12 61:2 81:6 49:11 numbered 89;3 175:13 92'3'9 offending 108:25 90:15,20 176:20 99:9 20:3 numbers 93:4 177:12 100:12 offense 67:7 94:7,9 178:13,23 132:5 129:11 97:10,12, 180:24 152:25 52:8 18,22 177:8 offensive numerically 98:5 O'boyle's 184:13 15:12 25:14 99:24 84:5 objections ffer offer numerous 102:23,25 165:23 133:10 65:20 170:10 103:17,21 190:7 134:3,12, 66:3 104:4,10, 14 88:16 0 25 105:8 O'boyles objective 131:9 108:6,8, 142:11 35:4,6, 153:10 O'bolye 13 109:11, O'connor 13,18 offered 65:12 15,25 161:21 38:13,17, 42:23 110:2 176:7 24 40:14 66:4 O' 116:4,14, O'hare 58:24 131:4 24:21 24:21 25 123:4, 173:15 110:4 offering 25:19,21 9 125:8, 179:1,3 objectives 29:15 26:3 11 128:17 180:25 37:8 61:7 ESQUIRE 800.211.DEPO (3376) 5 0 1 � _ . a � , EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: office -package 158:10 one-on-one opening opposed 34:20 169:18 53:16 16:15 17:1 35:10 182:23 140:23,24 17:13 34:24 112:12 office one-time 18:17 79:6 original 14:3,5 9:9 operate opposing 7:22 21:23 one-year 23:19 147:17,24 originally 22.5 105:15,19 151:25 93:13 136:21 28:17 operated op 153:2 183:20 33:4,16 ongoing 154:15 38:19 20:11 53:2,5 other's 72:17 opposite 42:18 33:25 169:8 47:21,22 102:15 125:23 176:4 outlined 48:6,7 152:19 operates opted 93:17 64:5 71:9 22:14 42:24 89:25 open 27:22 outs 11:22 option 90:6,15, 12:21,24, operating 168:22 178:2 18,19,21 25 19:8 104:23 overcharged 91:5,8,13 20:6 183:14 options 23:13 94:11 26:5,13, 14:25 95:8,13 operation order overnight 120:13 27:1, 271 :,20, 165:15 50:9 92.24 142:22 21,22 operative 96:14 114:6 155:25 28;6 31:1 147:11 167:24 overtures officer 36:20 186:23 168:14 opinion 46:16 37:13 19:8 ordered overwhelmin 81:1,2 48:4 56:20 32:8 g 97:15 52:16 60:23 120:9 122:9,11 55:25 71:22 orders 56:5,9,23 134:3 106:8 owe officers 67.22 159:3,4,5 46:18,23 165:6 organizatio 112:17 73:16,21 176:2,16 n owner 76:8 177:21 8:19 104:8 offices 82:1,6 162:18 9:13,15, 14:2 87:3 20 17:20 owns 28:17 88:11 opinions 34:7 9:22 71:7 95:20 161:18 56:23 30:22 85:24 107:4,16 opportunity 112:9 141:14 117:7 11:11 117:18 P official 134:8 20:19 organizatio 38.2 140:15,1754:11 141:1 119:21 ns P• m officials 142:1,15 121:11 9:11 54:16 18:18 179:1110:17,18, 141:23 100:23 91:14 180:21 149:23 20 25 138:13 94:18 181:16,24 155:21 11:1,2,12 191:9 185:24 162:5 12:9,11 package ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: pages -people 158:4 88:1 parties 9:1 39:9 20:10 142:23 94:22 41:12 146:15 pages 101:20 180:21 partner 66:4 160:9 108:25 Park 19:10 68:22 Pennsylvani 167:22 6:5 88:6 69:2 a 168:1,2 137:11 73:8,11 65:7 Parkin g 75:3 174:18,22 65:18 partnership 79;11 penny paid Parks 149:22 85:14 20:22 8:19 9:1 36:25 party 106:14 39:9 18:19 75:24 120:10 115:20 20:22 parmesan 124:16 170:6 23:9 63:11,12 161:9 138:5 185:9 people 28:20 part a 144:9 11:2,4 59:6 8:25 Pase 169:19 16:16 60:17,18 26:17 52:10 179:17 18:18 85:14 27:13 passed 181:19 21:23 128:1 39:7 40:9 18:24 paycheck 24:6 140:6 45:18,20 31:4 65:4 8:8 70:25 28:4,14, 144:6 56:6,7 87:25 22,23 152:15 67:2,21 passionate P payers 29:6,19 179:17,18 68:3 77:5 147:10 3 3:19 27:21 pain 79:17 28:25 paying 34:15 68:7 85:10 29:10 23:14 35:8,9, 74:24 89:5 43:14 31:10 10,17,22 152:5 97:17 57:17 60:9,10 36:7,15, Palace 102:11 73:16 74:6 17,18 110:3 87:19 37:15 174:3 112:19 past 117:4 42:9 Palm 116:2 77:16 128:24 44:12 26:8,9 118:23,25 pastor 138:5 45:12,21, pancakes 122:19 130:15 143:10 23 46:10, 29:13 124:15,19 180:18 20 47:3,5 128:8 pastrami 52:5 Panera 135:23 32:6,7,14 payment 53:21 63:2 150:4 pat 153:11 57:6 paper 154:8 152:9 Pays 58:19 36:12 178:21 128:21 59:19 patience Paragraph Parted 152:8 peaceful 66:25 101:24 85:12 11:10 67:14 patient 37:18 71:17 102:1 participate 19:14 91:14 103:13 d 121:10 110:12 paralegal 102:22 pause pedophiles 116:11 33:6 particulars 77:20 34:7 117:6,22 87:11 26:21 pay pending 122:5,6 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: people's.. platter 125:2,19 periods perspective 163:15,25 30:9 130:22,24 13:9 12:1 photograph 32:11,18 142:2,3 perpetually 39:11 86:8 38:6 164:16 40:9 74:15 173:7,11 51:15,16 44:25 Photography 86:7 180:13 persnickety 57:10 12:11 94:23 people's 71:13 58:13 Physical 127:25 69:21,22 115:11 65:8 90:15 148:4 114:14 person 88:12 pick 165:10 31:16 102:14 Placing perceive 51:25 180:22 161:14 127:13 57:19 55:23 perversion picking perceived 63:13 184:24 70:7 plaintiff 156:23 106:15 185:15 Pickle 21:5 109'23 25:18 Percent Peterson 32:9 57:12 113:8 19:25 114:1,8, 25:2458:6 picky 52:23 9,20 52:23 71:23 59:11 53:1,3, 138:24 60:8 12,13 157:12 picture 130:9 72.18 162:1 philosophic 52:15 162:14,21 163:18 al 135:25 179:17 116:19 piggybank plaintiff's 185:2 82:9 personal 148:10 58:13 percentage 157:3 pilot 7.7 13.22 plaintiffs 123:25 14:15 philosophic 64:18 57:1,11, perception 26:1 ally Pinkett 16 161:8 121:4 56:24 56:2 24:24 plane 173:16 88:8,24 88:9,25 piss 44:16 perfect P 130:21 117:2 28:23 141:12 147:1 Phone 185:21 136:14 136: 16077,24 : 5:13,19 pissed 172:12 38:1,2 planes perfectly 6:13,17 109:21,22 64:18 58:5 personaliti 14:7 66:17 ea 25:23 110:14 planned 70:22 88:5 27:17 pinning 157:8 Personally 48:14 119:6 Planning performance 62:23 122:1 148:1 21:4 63:3 77:5 16:25 27:24 pitchfork 157:9,10 period 60:4 81:20 171:22 109:5121:6,7, 92:15 plans 110:22 15,16 99:12 pizza 29:4 148:1 100:8 174:3,4,9 plate periodicall 116:18 y 149:18 place 59:13 8:16 161:1,3 147:19 17:18 platter 156:1 20:23 149:22 ESQUIRE 800.211.DEPO (3376) 5 0 L U r s O N 9 EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE Index: plausible..prerogative plausible 84:9 16:21 123:2 142:2 97:12,18 point 18:14 132:9 practice play 25:15 19:20,21 134:16 :5 125:3 28:1 20:24 144:21 52:11 131:13 30:5,6 21:2 149:20 56:6 164:15 33:21 28:17 positive 64:3,10, 40:12 played37:4 45:20 66:22 14,20 136:20 5:12 121:12 positively 65:1 566:10 67:20,21 playing 64:25 160:16 67:1 114:7 17:6 72:13 pony possibility 115:16 plead 82:14 140:22 169:11 116:24 124:6 90:22 pool possibly 135:12 92:6,16 43:11 86:10 137:13 pleasant 97:1 157:23 26:15 104:3 69:15 131:2 177:4,15 72:9 105:7 poor postage 178:12 81:23 129:5 9:13,17, 73:21 88:7 132:19 18 10:13, practices 95:21 142:13 15 24:6 posture 150:11 99:2 156:3 170:15 28:14 practicing 159:15 176:8 39:9 pot 154:4 172:9 180:6 45:1,8,20 28:23 prebankrupt pleased pointe 49.22 potential Cy 146:25122:6 93:6,7 33:10 165:19 147:25 146:13 131:23 51:24 148:4,7 173:22 147:6 predatory police 22:5 pleasure 37:17 POP potentially 70:2146:18,22 111:24 127:5 preeminent 19:8 108:10 86:7 popping 153:8,18 plentiful 122:10 32:25 165:18 prefer 71:19policies 33:1 177:22 5:8 8:3 plenty 111:20 portal pound preliminary 159:13 19:20 39:9,21 74:9 policy 58:8 163:16 plethora 128:3 portion 124:19 52:18 132:1 110:7 157:17 preparation 133:13,19 portions 7:6 plug power 131:13 political 129:11 14:10 prepare plumb 17:3 position 15:6 ? 56:21 7;17 16:16 2020 67:2 Polk 41:19,25 19:3 prepared PMJA 9:20 11:5 71:17 117:20 156:25 9:1B 13:18,19 97:6,9 powerful prerogative 10:15 14:18 104:4 ESQUIRE 800.211.DEPO (3376) 5 0 l U T 10 N 5 Esquire Solutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: present-proposals 98:4 160:5 146:16 19 119:8 17,20 present prevail 174:6 121:19,20 profanity 21:3 6D:22,23 180:24 124:11,14 16:14 97:24 61:1,12 prison 125:14 127:12 profession p resented preventing 46:3 130:20 137:23 178:19 34:17 private 131:4 prof essiona presently previously 23:3 46:4 148:5 lly 8:1 25:3 34:21 141:12 160:6 149:18 49:6 179:20 172:15 president 86:21 privilege 182:23,25 Profit 25:24 108:22 97:1,5,25 189:20 23:21 80:25 143:17 98:25 190:9,20 129:6,8 105:12 108:9 173:25 99:2,11 problematic program 140:7 174:24 102:15 125:17 7:24 175:12 132:7,13, 128:12 22:14 press Primarily 17,18,25 151:5,6 53:17 128:15 9:19 134:13 152:21 prohibitive 156:25 11:18,22 135:10 problems 73:13 157:1,5 150:8 158:7 140:3 187:23 56:25 project primary 188:2,6,8 57:9 73:5 8:20 pressure 6:7 7:21 88:20 71:25 privileged projects 120:1 principal 98:15 proceed 112:6 135:11 19:7 132:12 164:8 prolific pretend 24:21 p ri proceeded 75:10 160:23 37:12 75:17,20 14:22 58:21 159:7 promise pretty 141:25 pro 29:15 15:13 19:16,17 process 149:15 30:22 principals 25:6,17 58:20,23 34:4 89:3 60:15 prompted 43:7,14 print 69:7 146:14 111:16 54:13 52:15 114:4,5 150:14,18 127:21 proper 59:10 152:5 190:25 176:23 printout 66:14 82:20 153:16 produce properly 67:3 problem 126:4 53:9 73:22 prior 127.3'4 78:6 9:8 21:16 4:21 20:5 136:5 proposal 87:15,20 27:1,10, 36:14 162:6 150:19 88:13 11 43:2, 39:5 58:5 184:7,19 169:10, 89:6 5,23 73:5 60:8 186:16 21'22 113:22 86:19 68:14,17, 170:5 123:3 87:22 19,20 produced proposals 135:1,20 138:17 79:24 20:3 42:5 169:4 157:1 144:23 116:1,20 127:5 117:1,2, 167:15, ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE Index: February 24, 2016 proposed.. putting proposed prudent 47:21 142:4 purchased 93:12,13 39:21 51:2,17, 144:3 141:6 proposition pub 18,20 147:9,11 purely 162:22 52:19,23 161:23 29.12 188:9,10, 53:1,8,9, 162:3,11, propriety 19 54:22 23 163:7 38:24 146:5 public 55:16 172:24 51:9 prosecute 0: 9:2,4 57:5 176:13 89:12 104:18 47:2 1 10:19,21, 58:14 177:16,17 24 11:24 59:8 178:4,6, 163:18 prosecuted 12:13,15, 60:1,2 21 187:18 46:3,12, 16 13:5, 61:10 179:15,20 purportedly 14 12,14,23 69:25 180:25 117:12 prosecution 14:12 71:8,20 181:5,6,8 purpose 18:13 15:1,15, 72:15,16, 182:1,6,9 77:16 122:8 24 16:20 24 73:7, public's 134:17 17:11,14, 18 79:24 prosecutors 15 18:15, 84:6,22 70'4 u purposes 46:8 18 19:3, 86:9,16 public- 7:6 protected 11,18,22, 91:14 operated 174:11 158:22 23 20:9, 94:14,18 23:19 pursue protesting 11,13,16, 105:23 publically 111:2 17 21:1, 106:8,22 53:5 39:5 12,17 107:12 push protestors 22:10,21 111:17, publicly 158:5 37:18 23:11,18, 19,20 72:17 pushed provide 25 24:1, 112:7,20, 125:22 158:6 22:16 7,9,11,15 21,24 published put 59:6 26:13 113:21 94:17 7:24 27:10,12 114:5 167:3 28:20 116:2,6, publishers P 10:23 174:1 29:22 9,14 140:3 12:8 provided 30:5,7,23 117:10, 141:25 25:11 131:18 33:3,6,7, 11,25 publishing 42:23 133:18 15 34:8,48:6 118:1 111:25 167:1,11 22 35:3, 120:4,17, 75:18 174:23 20,24 19,21 publix 94:15 178:11 36:2,4,22 121:6,16 39:6,8, 118:11 189:10 37:20,22 122:24 12,17 147:13 providing 38:1,2, 124:20 pull 151:2 178:15 18,24 125:23 82:23 185:23 39:8,14,187:7 126:24 province 22 40:3, 128:16,25 pulled P 190:19 144:13 12,18 130:18 185:18 putting provision 41:8,13 134:6,18 pulling 41:19 59:24 42:2 139:9,14 148:9 66:10 46:4,6,19 140:22 78:5 ESQUIRE 800.211.DEP0 (3376) 1 0 N , EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: qualified-recall 180:14 121:10 101:21 7,8 4 quick ramificatio 175:1 155:20 37:7 ns ready 164:20,21 qualified 147:7 79:9,11 184:10 quiet ietrange 185:25 158:25 158:5 quality 143:18 real reasonable it 59 :24 49:21 11:2 21:22 rapport 68:23 61:9 23:5 24:8 142:4 25:13 128:10 71:13 26:5 41:7 110:2 113:18 118:9,20, rare 54:10 reasons question 22 119:18 22:6 56:22 38:7 54:2 59:10,12 69:4 56:24 5:4,22 134:10 153:24 71:24 71:6 10:5 135:15 27:6,9 149:11 rate 73:4 94:12 38:22 156:4 53:11 100:3 125:18 78:4,7,8, 140:20 128:12 quota rationale 147:8 129:17 9,13,15, 135:4 59:4 149:15 135:16 19 79:2, 136:4 132:22 169:3 161:6 3,4 92:6 96:19,22 quote re-notice reality 172:23 98:7,17, 16:9 184:4,5 37:10 181:7 22,24 36:23 re-readrecall realize 99:5,8, 145:24 7:49:10 16:16 15,16 26:10,17, 100:10,13 reach 18:18 25 29:21, 104:23,25 R22:13 _ __ 66:25 24 31:4 131:22 reached realized 32:23 133:4,6,9 races 55:4 19:3 24:6 38:20 139:12 69:17 170:10,13 135:6 42:15 154:10 racist 171:15 reared 43:16,19, 163:9 137:24 reaching 129:24 20,22 169:16 44:3 175:22,23 racked 63:3 reason 48:12 186:14 16:4 read 10:16 50:3,4 questioning radio 6:25 7:2 16:18,22 55:2 45:8,10, 13:9 35:19,23 63:25 149:6 11,12,14 15:22 36:9 65:5 questions 44:1,3,15 37:17,21 75:14 4:24 5:2, raise 174:20,22 39:7 84:7 90:4 15 6:10, 39'8 40:13 95:23 18 91:25 132:23 readily 53:13 96:13,22 92:17,20 raised 123:18 61:5 70:5 101:13 102:17 125:16 reading 76:8 103:16,20 132:3 12:17 94:20 108:19,20 139:17 rally 13:16 115:9 138:21 11:10 150:5,6, ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: receipts.. reflected 139:16 100:23 11,21 71:8,20 179:15,20 141:2 138:13 17:2,10, 72:15,17, 180:25 144:20 191:9 12,14,15, 21,25 181:5,6,8 145:21 recognize 18,24 73:7,18 182:1,7,9 163:16 49:13,23 18:3,4, 79:25 rectified 168:2 12,15 84:6,23 101:3 126:13 170:13 19:3,12, 86:16 175:15, 150:3 18,22,23 94:14 red 173.9 18,23 20:2,9, 105:24 115:20 176:3 recollectio 11,13,17 106:17,21 redacted 179:22 n 21:1,12, 107:12 42:7 180:6 32:24 17 22:10, 111:15, 181:12 43:6 20 23:8, 16,20 redaction 182:1 44:5,18 11,25 112:7,20, 42:6 183:10,15 50:24 24:1,2,3, 24 113:21 reduced 186:1 55:17 7,9,11,15 115:25 20:21 187:2 62:5,11 26:13 116:7,10, 63:20 27:11,12 14 redundancy receipts 83.7,12,64:22 28:12,20 117:10, 104:19 13,24 29:22 11,25 reevaluate receive 123:6 30:5,7,24 120:4,18, 24:5 51:19 150:16 33:3,7,15 19,21 129:14 record 34:8,13, 121:6,16 refer received 5:6 16:14 16,18,22 122:24 7:21 51:16 103:20 86:9 35:3,18, 123:9 110:12 104:2 91:20 19,20,24, 124:5,20 127:15 99:4 25 36:4, 125:2,23 referal 100:7 8,23 126:4,24 51:20 receiving 106:8,23 37:20,22 127:4,6, referrals 9:10 132:15,22 38:1,18, 7,8,14 109:11 103:16 159:11 24 39:1, 128:16,25 183:15 162:12 22 40:3, 129:15 referred recent 174:2,3 12 41:8, 130:18 57:6,7 52:14 177:8 13,20,21 134:6,18 135:9 42:2,4,11 139:9,14 136:13,15 recently records 46:19 140:22 180:4,7 11:14 9:2,4 47:9,21 142:4 referring 19:18 10:19,22, 51:2,17, 144:3 36:19 24 11:24 19 52:20, 161:23 17:15 40:11 12:13,15, 24 53:8, 162:3,6, 52:5 175:11 16 13:6, 9,19 11,23 109:4 receptionis 8,12,14, 55:16 163:7 111:4 166:16 t 17,23,24 57:5 172:24 120:7 14:8,12 58:15,24 176:13 reflect 15:1,15, 59:9 60:2 177:16,18 83:7 recess 19,24 61:10 178:5,6, reflected 54:18 16:1,6, 69:25 21 111115, 0 ESQUIRE 800.211.DEPO (3376) 5 a t � T, c, EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE Index: reflects -request 102:19 reflects 101:17 refrain 134:12,14 refresh 62:4 refreshes 62:11,19 refunded 23:15 refuse 98:23 refused 85:15 113:15 refusing 99:15,18 100:7 regard 149:17 regarded 12:20 registratio n 83:4 regular 45:5 129:21 regularly 19:12 28:7 57:2 rejected 71:9 relate 9:5 92:17 related 24:11 112:6 relating 83:3 Relations 8:21 34:10 relationshi p 28:19 43:2,3,23 81:8,13 83:17 85:7 97:20 110:12 115:10 116:13 151:22 186:10 relationshi ps 51:24 146:6 157:6 release 157:1 158:7 releases 157:5 relevance 92:3,9 relevant 92:6,21 relief 66:11 relieved 76:6,13 religious 10:25 reluctant 142:7 rely 62:13 remains 165:17 remedial 20:4 115:25 127:10 remember 8:18 26:21 27:14,15 29:13 31:17,21 32:5,19 48:1,2, 10,20 50:8 52:17 53:23 55:19,22 64:7,8 90:23 93:9 109:21,24 120:15 123:15,16 138:20 141:13 142:19,22 143:1 163:22 167:5 168:21 171:24 178:25 181:11 182:20 184:14 186:3 reminder 5:12 remove 79:23 162:11 removed 148:3 164:7 remuneratio n 9:11 render 177:21 rent 118:14 158:17 rental 118:12,15 155:2 renting 118:12 repeat 5:3 96:18 repeatedly 125:17 137:8 repeating 79:6 report 122:15 reporter 4:2,5,9 5:12,21 13:4 78:15 186:8 reporters 13:3 28:5,8 157:5 represent 4:18,23 57:24 98:10 103:4 146:22 representat ion 19:8 20:12 representat ive 97:2 98:13 130:8,9 represented 24:11,16, 21,23,24 25:2,4 87:11 89:15,23, 24 107:11,25 151:24 166:5 168:6,7 representin 9 25:3 52:6,16 148:1 153:22 154:3 158:8 166:4,22 170:15 represents 166:1 reputation 107:15,24 request 12:16 13:23 14:15 15:15 17:8,12, 14,16 24:1,15 30:5 33:15 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: requested -retention 34:22 40:3 42:3 reservation 29:1 responsibil 35:3,15, 47:21 s 53:21 ity 24 36:10, 52:24 142:23 66:12,20 76:7 23 38:1, 53:9 122:17 112:3,19 4,18 69:25 reserve 165:22 114:24 60:6 40:12 71:3,8 184:18 169:23 41:8,14 72:15,17, residence 185:13 responsible 61:8 22,25 6:7 respect 82:12 86:13 84:6,23 105:24 112:20, resign 24:14 responsive 134:1 59:17 106:15 21,24 155:1 75:21 87:16 107:3,5, 113:1,2,393,4 127:5,8 6,8 116:7,10, resignation 113:22,25 15 93:11 146:5 rest 123:11 117:10,11 139:6 respond 129:23163:17 124:12 118:1 154:20 53:8 130:18 120:4,18, 155:8,11 130:19 169:8 139:9 19,21 resigned 186:24 restate 162:1 122:24103:19 7:17 responded 172:24 123:9 129:25 109:13 restaurant 178:5 124:21 133:22 161:22 9:23 180:25 177:16,18 138:15 171:18 32:18 181:5 178:6 156:25 63:10 182:7 181:6,8 158:23 response 65:18 requested 182:1,10 resigning 16:14 36:24 69.9 106:22 required 138:17 37:22 restroom 184:7 19:19 52:24 6:1 96:14 resolve requester 58:1 53:5 54:3 result 127:6 requirement 87:17 67:9,17 16:20 requests 103:3 115:24 68:13 51:11 12:15 144:17 147:12 86:12 113:20 13:6,13 requirement 173:11 109:12 116:25 16:21 s resolved 118:21 127:1 119:4 19:2 96:23 58:3 68:1 131:25 resulted 21:17 requires 132:20 135:21 149:8 24:9,12 148:25 164:9 137:20 retained 27:11,12 29:22 rescind resort 139:2 146:21 30:7 156:13,15 124:3 180:14 180:11 33:3,9 research resource responses retainer 35:17,21, 9:2 19:19 112:17 5:21 33:9 150:7 23 36:8 22:1 122:9,11 responsibil retaliation 37:22 38:24 reservation resources ities 92:1 39:1,22 143:9,10 16:2 146:20 retention 28:3,15 ESQUIRE 800.211.DEPO (3376) 9 0 L V• 1 0 M= Esquire Solutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 93:5 14 45:13 risotto retract 48:3 32:19 156:13 55:25 River 145:13, 56:3 20,22 rules 147:3 130:5 revenue 66:19 149:19 141:21 67:14 156:12 review 73:16 road 33:9 86:2 52:14 113:14 88:10 Robert 129:14 89:1 4:18,23 144:15,21 91:15 95:24 111:10,13 97:23 reviewed 117:18 sake 7:1,2,5, 121:7,10 102:2,11, 7,11 71:7 125:1 24 158:3 21:19,20 103:17,22 rich 136:24 sandwich 116:22 140:18 Robinson 122:5Ring 93:23 171:2,3,9 123:24 31:2,15, rocket Richmond 16 38:16 79:25 170:14,22 42:14,21 98:19 85:20,22 79:16 rode RICO 80:6,25 65:16,17 92:13 83:14 172:22,25 88:2 rodeo 173:16 89:8,23 129:18 175:19,25 104:22 Roeder 178:1,2 105:3,12 7:9 179:4 rid 108:18 180:2 169:1 145:12 183:9 ridiculous 155:8 186:8 147:18 156:2 188:1,7 125:6 163:13,19 25 54:13, 180:20 179:14 riding role satisfy Ring's 111:8,10 57:4 185:14 87:4,10, 81:8 sausage rights Rolls rise 124:18 8:7,10,19 114:15 9:5,11, room 15,25 riser 55:8 10:1,7, 95:13 84:17 10,11,14 risk 90:19 11:10 58:10 118:17 27:23 153:4 137:7,15 34:4 186:7 37:11,12, risks 18 43:13, 59:22 rooms ESQUIRE February 24, 2016 Index: retract..sausage 143:14 7,13,17, Rosa 19 109:22 36:25 110:8 137:10 Royce 145:13, 124:18 20,22 rules 147:3 125:3 148:4 150:3 149:19 164:15 180:21 run Ryan's 25:12 148:5 57:9 58:5 60:11 S 67:24 108:14 sad 129:18 159:15 running sake 64:20 95:15 80:2,3 131:24 salesman 158:3 21:19,20 162:19 49:10 Russel sandwich 81:1 32:6,7 83:15,19 42:22 93:23 Sarasota 104:15,20 13:5 155:17 85:20,22 Ryan 154:2 30:20,23 eat 31:3,16 43:9,11 32:17 47:11,12 33:5 54:9 38:16 65:18 42:20 140:7 43:7,9 147:18 51:12,14, 163:13,19 25 54:13, 179:14 21 55:22 61:20 satisfy 62.9,17 184:23 77:7 185:14 87:4,10, sausage 25 88:5, 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: scale -shared 152:3 122:18 semi 67:10 20:1 scale screwed 117:17 89:17,22 115:19, 40:4 23:12 seminar 114:2 20,21 11:15 157:18 142:24 scanner screwing 151:8,9 155:5 165:14 140:12, sentence 14,15,17, 27:4 settlement scenes scrupulous 21 141:3 57:14 71:2 151:17 179:20 separate 114:23 41:13 schedule scrutinizin seminar- 98:6 115:17 48:23 g type 156:7 127:2,22 91:23 38:4128:8 53:15 separately 133:14 scheduled seal seminars 107:12 137:17 12:19 14:10 139:10,14 September 150:17, 14:16 seat19,23 Senate 182:2 scheduling 13:11 140:7 151:11 163:18 aeries 152:14,23 187:3,5, seconds send 4:24 178:16,18 77:17,24 13:3,4 16:20 18 78:12 86:14 112:6 settlements school 107:6 106:5 115:4 13:19,20 108:7,13 serve 126:16,19 14:7,18 secretary 120:20 17:22 127:2 16:21 155:18 151:25 70:21 128:5 17:1,4,8, secure 156 :9 108:10 129:12 14,20,21, 37:11 190:15 served 146:4 23 18:9, seeking 183:19 152:13,20 sending g 14,23 34:24 11:7 service settling g 20:7 21:2 97:3,13, 117:25 68:9 125:11 52:10,14 20129:20 121:12 112:17 services 122:8,10, self- 135:3 59:7 sexual 11 138:3 unemployed 136:17 122:12 8:3,4 157:25 set science 158:7 55:15 shape 98:20 sell 56:17 187:14 21:23 senile 103:12 share scientist 22:3 117:17 79'25 setting 72:211 105:17,18 i senor 53:15,16 145:15 Scott 106:9,12 19:10 103:22 162:9 4:17 selling182:24 cease 163:2 122:3 16:23 8:2 settle shared Scratch sells 27:15,19, 115:22,23 43:16 139:19 22:7 25 31:20 131:5 88:19 screw semester 48:22 153:10 95:5 70:11 51:7 52:1 145:19 106:7 54:6 56:4 settled 147:15 ESQUIRE 800.211.DEPO (3376) 5 0. �... M 9 EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: shed..Sopranos 176:8 shop 86:11 single 9:19,22 shed 55:15 113:14 30:8 92:5 42:2 106:25 short 169:22 101:21 smart 50:9 64:1 181:20 168:4 65:8 sheer 13:10 show sign -in sister 159:22 35:23 45:8,10, 86:9 130:15 smoking Sheila 11,12 signature 187:10 86:5,19 79:11 49:4 101:11,12 sit so-and-so 95:6 75:15 113:16 95:18 130:15, 82:15 144:18 103:6,11 sheriff 133:8 145:1 128:25 16,24 11:6,7 140:22 174:20 social ignificant s 121:12 143:16 10:12 35:7 sitting sheriff's 166:10 41:22 69:14 11:1 28:16,17 174:10 167:16 96:2 29:12 183:23 107:12 sheriffs 185:5 signing 142:1,22 11:17 191:1 114:9 situated socially 14:21 shit showed silent 35:14 118:5,6,8143:13 77:15 180:16 software 119:18 159:5 situations 7.24 silliness 122:2 12:6 sole 123:8 shown 150:2 70:20 124:19 62:14 silver skirting 42:10 solely 125:4 sick 149:22 104:11 157:17 184:24 similar sland 146:20 168:10 163:23 184:24 aide 17: solution 51:21 1007:5,7 slander 185:11,18 59:1 57:21 129:18 91:25 186:11 89:18 92:6 somebody's 188:18 similarly 96:10 161:5,17 34:5 35:14 shitty 110:10 163:11,24 47:17 180:16 123:17 111:13 165:19 73:4 shocked 157:15 le im simple slice son 21:10 162:25 41:8 174:4,9 67:19 22:20 173:8 simpler 110:6 alightly 182:5 sidekick 98:2 116:23 119:11 shocking 187:17 simply 120:1 165:1 16:12 aides 52:19 sophisticat slippery 46:21 19:13 59:19 ed 135:21 124:23 155:20 38:5 116:16 shoes 159:19 sin slope Sopranos 105:16 sign 47:6 38:5 173:1 106:21 13:21 small 178:1 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: Soria-state Soria 171:12 35:18 spoke 106:20 4:1 sounded 188:24 47:24 107:7 sort 55:14 specificall 62:20 132:4,16 10:22soundin Y 94:9 137:16 138:22 13:18 101:24 star 153:48 145:18 14:11 105:13 133:8 16:8 19:1 sounds 145:21 182:14 20:4,7 39:16 182:3,19 spoken start 24:5 97:5 62:6,12 38:4 specifics 78:25 26:10,12 source 66:1 sponsored 80:4 85:2 33:25 28:7 140:5 113:1 37:5 40:7 189:4 speculate 130:144 48:3 64:17 spot 50:10 sources 175:17 78:5 91:9 163:7 51:15,16 141:21 172:13 spell spouse 190:10 52:2 54:6 South 86:1 46:2 60:14 25:1 26:3 started 65:14 48:1 spend spread 19:1,2 67:9 72:6 84:10 32:3 31:22 21:16,22 77:10 87:6 90:9 60:9,12, spurs 23:10,25 82:7 94:12,21, 15 122:6 58:1 24:4,8 85:11 25 105:16 185:13 27:9 93:16 106:11 189:6 SPY 52:22 95:2011:8 189:7 spending 53:6 99:4 159:24 squeaky 68:10 104:20 space 164:17 79:8 105:19 90:16,18, spent 80:11 112:18 21 16:3 stack 83:23 113:13 speak 21:18 120:8 84:4,6,20 118:3 4:19 27:3 32:2,4 stacks 135:2,3 128:24 172:5 45:23 120:9,18 145:10 142:6 46:8 47:8 156:3,9 speaker 76:15 staff 149:20 140:6 112:14 9:2 91:4 starting 161:24 147:18 142:9atom 67:20 173:17 p 78:8 94:4 sorts speaking spigot 73:21 136:8 105:18 10:3,10, 119:3 stand 12 99:3 state 179:13 134:12,14 spite 119:12 4:2 5:6 soul 179:16 123:22 standards 10:11 9:22 147:25 114:12,15 11:9 special 165:5 123:18 12:24 sound 30:3,11 40:15 129:22 splitting standing 14:3 5 ' 91:18 153:19 53:24 17:8 124:3 specific92:3 Spoiled 19:9,23 137:23 34:23 151:14 105:16 20:14 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE Index: February 24, 2016 stated -subsequent 22:13,14, statue 55:24 53:2 25:13 15,19,22 96:7 stockholder 87:12,15 31:19 23:2 28:8 88:3 32:25 statute 39:17 33:4,16 89:15 33:2 34:2 39:16 stolen 92:2 70:24 60:24 38:19,25 23:15 117:12 82:23 47:20,22 statutory stop 120:23, 116:21 53:6 15:21,23 48:4 24,25 120:10 67:13,16 stay 109:14 121:1,3, 121:6,7, 71:8 42:24,25 119:19 17,23,25 16 122:13 102:4 84:11 125:7 122:18 155:4,5, 106:21 142:21 157:19 123:7,10, 15 158:4 121:8,9 164:7 162:24 14 161:18 122:8 124:11,20 169:16 126:23 stayed stopped 126:15 172:12 128:3 77:13 48:6 145:6,8 173:2 130:3 79:10,13 stops 157:17 182:19 142:2 84:2,19 118:9 161:25 185:8 181:8 85:22 162:19 178:7 186:2 stated 95:2,11, 181:1 187:1,5, 12 store 182:2,10 18 189:5 137:8 105:17,20 statement staying 106:7 Street stunt 7'4'7 64:4 6:5 148:9 142:24,25 Stores 64:15 105:15 strengtheni stupid 103:9,12 steal ng 125:4 163:20 82:9 stories 70:3 174:1,6, stealing 13:6 subject 28'7'9 strike 15:18 15 175:3, 129:22,23 82:4 53:7 8 step story 139:7 126:24 statements143:11,15 59:12 163:20 strongly submitted 92:8,11 170: 3 69:8 104:19 125:13 straight 129:16 stepped 14:1,2 struck subpoena 152:17 148:4 118:24 82:5 183:15, 178:16 155:17 119:16 131:10 17,19 states Stevens 164:14,15 student 184:3,4 12:21 32:11,12 strategise 67:15 190:11,15 21:24,25 sticking 20:16 91:16 191:3 65:6,9 93:6,7 57:15 105:24 subsequent stating 146:12 137:17 138:4 23:2 44:2 128:9 stipulated straw students 50:9 132:15 164:6 133:22 106:10 61:21 94:6 stature stocked Stream stuff 107:9 107:16 43:10 30:1,5 23:1 ESQUIRE 800.211.DEPO (3376) 0 L U T 1 0 M 9 Esquire Solutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: subsequently -talk subsequentl suggestion support surprising y 79:20 141:16 37:7 T 143:6 140:5 158:15 surrounding 171:17 169:10 supported 33:15 T-shirts substance suggestions 141:19 44:22 105:18 50:14 69:1 suppose suspect table 51:7,8,11 93:20 34:6 185:2 29:7 substantive suit 39:7,11 31:22 swallow 26:12 33:13 58:14 47:11 5.2 successful 124:7 supposed 66:10 20:21163:11,23 13:8,25 swear 76:13 36:21 166:1 18:24 4:5 133:18 136:23 175:19 40:17 101:15 140:5,6,8 suits 41:9 sweet 141:6 sudden 143:22, 80:18 79:13 185:24 110:8 158:21 24,25 113:7,8,9 120:6 tactics 144:4,25 134:6 Sweetapple 59:25 suddenly 145:3,5 137:14 4:18,23 tail 66:9 summary 138:9 7:5 32:15 171:21 sue142:19 46:25 131:19 17:17 150:11 161:19 takes 119:9,10 summons 151:1 163:12 67:9,17 127:11 68:9 168:11 167:12 68:11 163:24 Sunbiz 183:18 171:2,15, 131:13 sued 82:23 supposedly 23 172:3 184:20,21 16:3 83:3,10 46:15 173:23 taking 17:10 Sunday Supreme p 178:22 22:8 25:6 23:13 42:19 128:4 189:22 26:7 87:15 84:15 190:13 36:21 121:18 supremely Swestapple, 55:23 125:23 sunshine 61:11 58:11 147:10 12:18 surprise a 132:14 59:22 158:9 111:22 21:15 60:20 127:13 115:25 suggested 141:20 27:13swinging 119:9 173:10 11:10 38'21 38:21 19:15 super 44:9,10 sworn talents 68:24 79:13 182:4 4:12 7:4, 121:21 82:1 7 163:19 69:1 surprised talk 142:13 Superintend 30:4 174:1,6, 12:7 165:9 ent 38:21 15 175:3, 37:23 37:2 suggesting 14:18 170:19 8 188:15 48:22 128:9 supplied 182:4,12, system 51:4 141:15 122:9 13 119:25 61:24 63:6 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 121:9 131:16 133:7 142:17 147:18 154:14,18 155:14 179:11 180:20 181:16,20 191:7 talked 40:20 43:11 4 8: 14 52:4 55:24 62:23 63:14 65:19 67:20 68:25 69:9 79:22 81:20 84:18 90:3 95:10 96:3 130:24 133:12 135:16 142:20 149:12 161:20 163:15 165:9 170:14,16 172:6 176:7 179:9 182:17 45:23 48:16 56:8 59:10 67:13 72:19 77:21 78:5,22 91:11 98:19 109:17 142:22 153:16 167:7,9, 10,21,22 168:1 Tallahassee 140:1,11 142:10 Tampa 13:5 53:24 105:21 107:18 122:10 tangled 158:15 tax 31:19,21 32:24 33:2 96:5 97:20 102:24 147:10 Taylor 131:15 133:12 136:1 145:13 156:10 talking tea 17:23 76:5 28:25 technical 41:9,10 72:20 126:3 technically 81:12 137:10 146:17 tecum 187:17 teeth 157:19 telephone 52:2 55:2 102:23 117:11 telling 53:18 105:3 109:24 128:14,15 129:21 135:3 137:2 157:21,22 186:2 190:15 tells 67:4 109:10 template 131:11,12 ten 17:10 127:9 tend 5:2 6:10 tens 16:5 22:25 terabit 168:2 terabytes 184:21 February 24, 2016 Index: talked -things terminate 53:10 terminated 149:8,10 terms 9:25 10:6 38:18 52:4 75:18 85:12,13 96:23 139:9 149:11 Terrell 84:10,12, 20,25 85:6 terrible 160:19 176:24 terribly 52:7 territory 96:8,9 testified 4:13 49:23 56:16 72:10 80:16 143:17 144:20 159:18 173:25 175:11 testify 132:17 testifying 175:18,24 testimony 4:6 174:8 175:2,7 188:15 textbooks 106:10,12 thankfully 61:15 87:17 110:11 thing 9:9 13:20 15:13 31:13 3 7:2 0 46:17 52:2 69:6 70:25 74:7 78:2 84:4 104:20 105:19 107:1 112:18 115:9 117:20 121:24 125:2 127:20,24 135:1,20 136:8,17 139:24 140:13 142:5 147:1,2 150:18 151:2 152:6 156:5 159:20 160:19 162:4 165:12 176:13 182:21 185:23 things 13:1 19:3 ESQUIRE 800.211.DEPO (3376) 9 0 1 V T 1 0 N 5 Esquire Solutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: thinking -times 22:21 25:9,12 threat 26:7,14 141:15 34:3 107:11, 156:24 28:5 143:19,25 57:22 15,25 164:24 31:3,15, 145:9 63:14 111:3 165:18 16,24 151:15 65:24 115:10 threaten 33:1,14 154:4 69:4,9,16 138:24 34:2 159:24 156:19,20 70:4 148:8 40:17 163:14 160:22 74:16 151:14, 41:22 165:9 96:11,14 19,23 threatened 43:1,15 172:7 103:22 thoroughfar 109:15 47:8,24 179:19,24 105:4,18 158:6 48:5,14, 181:25 109:18 es 163:23 15,24 182:14, 112:15 39:14 170:9 51:23 17,18 117:22 thought threatening 53:4 163:5,13 120:19 26:6 109:14 54:25 186:18 125:24 54:10 159:10 56:10 189:6 126:6 70:6,16 168:23 58:13 timeframe 127:3 71:5 72:4 59:15 134:1 98:15 threats 62:20 139:22 137:6 107:18,23 108:7 63:7 timeline 140:14 108:1 159:8 64:25 7:5,11, 146:2 125:17 throat 66:17 12,13,25 147:7,12, 141:22 58:16 67:8,17, 31:19 14 147:20,22 23 77:11, 49:5,16 148:17,25 156:11 throats 22 81:15 77:3 149:6 170:17,18 169:8 89:23 78:22 150:24 171:21 throw 91:10 108:23 152:9 172:21,22 119:13,23 94:9 109:2,3,4 155:23 176:5,17 95:16 110:21 157:14 183:3 throwing 97.7 times 158:18 185:5 110:14 103:7 9:12,23 163:15 190:3,4 thunderbolt 104:3,17 12:12 165:6,8 thoughtful 184:23 105:7 30:8,15 176:16,22 157:12 Thursday 107:6,10 35:20 177:14, 45:11 109:5 36:9 19,22 thousands 110:21 16:5 46'9 55:19 191:1 111:17 57:2 : time 112:14 thinking 22:25 5:25 118:13 61:25 14:3 23:8,9 8:14,17 120:2,7 62:1,5,12 48:20 124:20 11:20 122:6 81:21,22 67:15 167:22,23 12:3 127:22 93:19 110:4 168:1 14:17 129:15 149:13 123:16 178:6 15:18 132:19 156:21 159:6 Thomas threads 16:2,13 133:7,8 163:1 19:7,10 18:13 20:14 136:11 166:6 24:20 23:17 139:13 ESQUIRoE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: tiny..turned 172:5,6 134:24 touchy 14:12 true 181:7 136:3 184:17 111:11 35:16,21 tiny 141:11 town 117:6 36:16 40:24 149:6 29:25 transparent 37:20 53:19 156:12, 30:1,12 117:5,7 75:9 121:25 17,19,20 38:2,25 125:19,20 86:22 123:25 160:21 39:21 151:13 92:11 162:5 40:3,12, 103:9,13 today 163:20 transpired 143:15 4:24 5:13 169:20 24 41.2, 72:7 150:10 6:22 183:6 18 47:1 53:2 travel 160:14,17 52:20 tolerance 87:18 62:24 163:3 53:1,12 68:7 95:12 66:5 172:18 92:19 74:23 121:25 67:11 175:3,8 98:11 99:23 115:13 145:6,7 travelled trust 103:6,11 toll 173:14 95:9 119:22 114:17 109:11 178:6 151:19, 132:17 162:19 181:1 treat 20,21 135:19 182:2,10 11:4 152:3 163:21 tone toy treated trustee 166:22 118:19 117:9 11:3 13:7 164:2 175:6 top 24:6 183:16 8:18 toyed 37:15 trustworthy 184:5,8 24:19 69:12 43:21 157:16 88:15 track 44:9,11 truth toe -to -toe 120:16 183:22 47:20 4:6,7 119:8 138:23 traditional trick 92:8 told topica 8:2 4:25 163:21 14:7 26.22 186:2,3,6 15:19 trail trigger 21:15 Toracco 6:10 124:4 truthful 22:23 138:25 training trip 115:15 41:2 75:5 total 111:20 118:16 Tuesday 80:8 85:5 21:3 127:13 187:11 98:15 trouble 31:13 130:22 65:9 turn 105:10 76:10 89:5 106:13 transcript 96:12 108:5,10, 136:12 7:2 79:5 164:15 119:2 12,17 totality 98:14 186:1 turned 109:12, 177:25 174:16,23 troubling 43:8 23,24 totally transmittin 15:3 46:16 110:1,870:17 76'9 g 124:15 119:24 122:25 truck 107:2 130:25 155:7 155:2 131:6,10, touching transparenc 185:5 168:23 17 133:12 40:10 y 189:2 ESQUIRE 800.211.DEPO (3376) 5 0 t U T 1 0 M% Esquire Sotutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: turns..verified turns 55:1 97:18 unilateral upset 16:19 58:24 111:14 115:14 58:7 51:9 60:20 132:22 unilaterall urging 120:17 63:3 138:2 y 140:9 130:11,12 69:14 178:2,3 53:10 76:2 85:2 190:22,24 USB3 93'20 184:22 95Twee124 understandi 148:6 96:4,23 94:17 ng utter 110:4,6 United 97:3,14, 45:3 65:3 143:15 129:24 12:21 23 102:2, 136:13 74.24 21:24 utterly 5,11,24, 75:11,14, 76:9 25 150:9 16 76:17, Universal 103:17,22 151:11 21 83:16, 22:15 119:24 161:22 tying 176:6 22 89:8,university 186:18 10 93:17 105:16 V 189:4 unanimous 97:25 106:10,11 135:21 105:2 vague type unbeknownst 111:8 unlawful 21 10:1,7 116:9 114:21 14:14 167:1 167:14 12:10 115:1 52:24 35:3 unbelievabl 134:17,20vaguely unlicensed 112:8 a 138:10 135:12 49:14 types 84'24 141:11 157:22 variety 54:22 uncharted 143:5,8 177:4,15 103:3 typically 96:8,9 166:18,21 178:12 vast 180:4 34:21 uncomfortab unlimited 25:15 Is understands 76:11 46:1 59:6 99:10 58:23 121:2 V 174'8 unnamed 154:11,13 161:9 veal undercover understood 63:11 VCC 60:20 unpleasantn 22:14 11 61:19 ess vehemently 1221:12 : 67:19 156:18,22 173:13 ugly 71:11 underlying 88:6 unsavory vendetta 129:24 162:3 120:3 11:13 121:22 155:15 178:3 166:23 unusual verbal 187:10 understand unemployed 130:10 5:22 ultimate 5:1,24 118:18 upcoming verbally 88:18 10:21 14:24 unethical 106:7 61:22 ultimately 15:21 115:15 upheld 133:25 20:3 58:12,20 unfairly 176:11 verified 39:23 72:14 47:20 113:12 46:21 74:20 UPL 114:2 54:12 96:4 unfortunate 180:12 144:17 148:13 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE verify 144:22 version 159:7 versus 73:11 153:16 vexatious 160:10,11 vibe 95:1 videos 94:18 view 24:5 36:22 37:14 82:8 134:4,5 views 36:17 vindicated 58:17 127:18 vindictive 59:1 violate 99:1 violating 39:15 135:10 violation 15:1 18:15 115:14 126:2,3, 25 146:18 177:1 violations 52:19 53:3 67:25 71:19 72:20 86:16 94:14 124:1 violence 39:14 Virginia 96:5 102:24 virtually 46:7 162:24 181:8 visit 11:21 48:23 55:21 71:7 181:22 visited 13:11 90:2 visitor 86:9 visualize 7:25 vivid 67:3 vividly 32:5 142:19 vociferous 165:6 Volume 191:11,12 voluntary 153:13 163:14 volunteers 116:12 Volvo 155:3 vouch 101:7,20 vulnerable 22:2 W wait 5:14,16 waited 15:11 158:25 waiting 31:5 45:21 waive 132:13 waived 133:1 walk 40:21 160:20,21 walked 37:2 walks 86:11 wall 135:14 138:4 walls 36:13 wanted 12:1 13:23,24 15:6 22:19 36:2 40:13,14, 15,25 48:9,22, 23 63:5 69:6,7,11 71:3,4,25 72:3 84:13 85:14 87:1 93:12 105:14 108:4 112:1,7, 25 113:11,19 114:19 122:6 129:17 136:21 141:16 144:17,21 146:19,20 147:15,19 152:6,18 155:20 156:13 160:20 169:25 wanting 100:1 147:10 184:24 Wantman 170:15,23 warm 149:17 159:23 warned 119:18 133:24 wash 146:19 watch February 24, 2016 Index: verify -weeks 82:8 118:21,22 119:7 130:21 173:1 watching 178:1 wavelength 147:4 waving 73:9 115:23 ways 141:19 156:8 wealthy 67:4 weapon 160:8 web 19:20 website 130:21 Wednesday 84:1 week 12:19 54:9 57:3 130:1 135:4 154:2 158:1 166:3 weekend 84:7,8 weeks 11:16 14:19 30:18 31:23 90:25 ESQUIRE 800.211.DEPO (3376) 9 0 L O T 1 0 M= Esquire Solutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE Index: February 24, 2016 Weidner -working 134:25 wife 161:13 174:21 158:16,20 135:14 48:1,5 177:15 166:17 words 140:16 77:14 wishes 5:3 169:9 157:14 84:12 87:3 149:24 179:5,25 Weidner 95'6'7 126:17 178:25 188:4 25:4 142:8,24 189:22 159:9 wishing work 191:4,5 welcomed 164:23 48:18 8:8,16,23 70:22 49:25 9:716 worked Wild 8:20 Wella 84:23 Witmer 10:, 9:14,21 170:16, 94:13 30:21 11:11,, 15 10:14,17, 23,24 38:16 12:9 23:6 25 21 willfully 28:13 1 171:4,8 42:14 34:99,,13,3, 16:17 39:24 West 51:12 45:4 52:4 14,15 26:8,9 William 54:13,21 35:17 81:8 61:20 60:7 63:8 42:18 84:23 65:24,25 94:13 83:14 62:17 66:21,23 81:10,12, 96:5 105:3 109:13 67:24 14 83:18 102:24 willingness 145:13,20 68:24 85:15 35:11 180:21 71:14 87:10,25 Western 155:22 witnesses 72:11 89:1 90:8 142:24 46:18 74:5,10 106:1 whatsoever win 80:9,13 113:2 116:13 61:5 woman 83:21 115:8 187:5 123:19 14:17 120:13 windfall 47:6 84:3,18 138:2 whey 85:18 85:4,6,21 148:14 150:6 128:14 106:1,13 86:21 158:19 winning 87:1 whiff 85:19 won 89:20 182:22 71:15 17:11 90:24 workers 188:18 winnow 19:5 91:12,13 39:5,10 white 71:14 wonderful 94:1,4 working 107:20 wins 79:12 112:8 23:5 Whitehouse 119:7 114:18 118:2 30:21,24 120:11 154:5 winsomewood 122:15,23 63:24 Whites 67:8 106:25 124:6 64:2,9 159:22 77:7 45:22 Woolworth's 130:25 Whitener Winter 37:2 137:1 80:11 81:13 145:22 45:6 word 138:9 85:2,17 84:13 141:18 whore 85:9 8:2 14:23 146:14, B8:1 97:2 134:5 28:2 47:2 16,25 122:6 wire 87:2 129:4 widely Y 117:10,25 101:6,7, 148:5 140:16 12:20 123:1 21 129:22 151:1 183:12 155:23 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE works 133:25 22:9 189:18 89:11 written 93:15 year 119:17 119:25 144:11 130:12 138:1,8 wrong 174:19 84:1 33:11 89:7,21 world 49:25 wrangling 117:3 24:5 66:4 60:13 128:1 32:14 68:18,23 'Wrapped 130:20 37:14 74:23 wrinkle 160:20 130:12 124:16,17 173:10 172:11 140:2 12:24 wrote worry 16:5 66:10 years 112:10 102:8,10 70:23 13:10 writing 131:12 76:14,16 20 23:10 worse 122:19 Y worth 26:7 year 12:17,22 71:18 15:11 73:2 25:23 worthy 46:9 33:11 48:18 71:10 49:25 wrangling 50:5 51:5 66:4 60:13 68:18,23 'Wrapped 69:2,16 121:20 74:23 wrinkle 118:20 186:10 124:16,17 128:25 write 140:2 12:24 164:21 13:6 59:16 years 112:10 12:22 13:10 writing 21:18,19, 13:23 20 23:10 14:16 35:22 86:13 114:14,16 ESQUIRE 138:6 141:18 151:24 York 31:4 you -all 18:10 young 65:5 73:15 74:17 106:13 121:8 Youtube 12:8 Z Z -o-1-1-0 85:19 zigzagging 67:15 zip 133:10 Zollo 85:19 90:24 112:5 February 24, 2016 Index: works..Zollo 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE $50,000 217:25 1 10 246:2,15, 23 254:2 100 236:19 10:00 226:19 11 205:7 119.07(4) 205:10 119.0701 222:1 119.7(4) 217:1 12th 249:13 14 218:13 15 218:16 246:2 16 218:16 17 205:7 2 2 255:7 2,000 216:19 20 231:6 200 201:16 214:15 2013 200:9 2014 210:19,24 211:1 228:5 229:4 239:11,12 243:3 249:17 2015 249:14,17 23rd 243:3 25 236:19 246:9 2nd 210:19,24 211:1 3 3 225:13 238:10 30 226:6 30th 228:5,10, 12,15,18 229:4 230:1 234:10 February 24, 2016 Index: $50,000..adversarial 242:24 --- 8 4 4 225:13 238:10 45 226:19 5 5:30 225:13 5:31 227:1 5:36 227:1 Ci 6 246:10 60 231:5 6:00 227:22,24 245:25 6:18 255:6 7 7 225:15 246:10 70 231:5 7:00 226:24 8 227:14 80 231:5 9 9:00 226:19 A Ala 201:5 ability 217:25 220:4 absolute 204:18 absolutely 223:20 224:1 abused 214:8 Academy 214:10 access 217:24 220:20 235:3 241:16,19 accommodati ng 215:16,17 accused 223:21 achieve 220:11,12 acknowledge 249:1 acquaintanc as 206:18 act 204:14 212:17 223:14 224:2 action 224:20 activist 210:7 activists 203:19 activity 217:8 actual 213:19 217:2 231:24 adamantly 220:1 address 214:15,16 adjourn 227:2 246:5 adjourned 255:6 admire 207:1 210:14 admit 232:1 adversarial 239:21 !� ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: adversary..ball adversary 255:3 application association avoid 204:23 agreeable s 220:3 203:9,18 adverse 227:3 219:7 222:15 avoiding 232:21 agreed appreciated assume 203:7 advice 254:6,7 211:15 230:5 Avon 245:16 234:5 202:25 214:10 agreement 248:9 203:3,4 approach 235:9 254:5 aware 231:21 205:24,25 207:25 232:5 agrees approximate assure 209:7,14 254:16 214:12 advised ly 210:18 249:11 ahead 200:7 252:7 213:19 250:16 246:17 211:7 assured 232:12 advocacy amazingly argue 230:19 247:5 232:6 221:11 246:14 attempts Awareness advocate Amendment argument 237:15 202:15 203:6 212:9 203:13 attend 212:21 220:5 215:10 199:18 220:1,4 217:17 arms 221:9 advocates 204:6 attended 229:10,15 221:17,22 203:14 211:3 American Aronberg ax afford 213:21 attention 215:13 215:15 218:16 213:16,18 235:13 arrangement African- 235:13,17 214:18 amount B americans 216:11,23 254:5 attorney 199:23 203:2,3 200:20 analogy arrested 207:17 back 214:22 200:3 219:15 200:18 Afternoon 201:4,12, 199:2 angle arrows 231:21 19,20 212:24 200:9,11 239:19 agencies 214:24 200:23 anteroom art attorney- 215:19 203:1 245:22 218:7 client 227:3,8, 204:9 artfully 241:23 13,21 213:10,14 anticipatin 236:20 242:16, 232:19 219:4 g 17,22 250:20 237:1 articulate 245:5 254:4 agency appealed pp 200:12 212:16 attorneys backup 219:11 assessment 218:1 23524 216:9 appellate 242:11 229:13 224:10,11 bad 219:12 asset 231:25 aggravation 221:10 232:21 200:14 224:21 application 249:12 210:9 assistance aura ball agree g 218:22 229:16 252:4 227:2 220:7 219:10,12 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE banners 209:16 210:11 Bar 253:20 based 224:2 basically 227:7 238:5 basis 213:25 battle 215:5 Beach 199:25 200:15 239:14 beater 207:2 beautiful 226:5 beef 215:8 216:5 belabored 244:2 245:6 belated 224:18 beliefs 217:18 believed 229:13 believer 217:21 belong 235:16 belongs 235:16,25 beneficial 217:8 Bill 202:1,12, 19 203:21,23 237:8 billing 227:16 bit 205:22 222:3 231:8 Black 201:13 blame 253:23 blimp 210:1 blind 214:23 blocks 201:5 bludgeon 220:21 board 217:23 220:7 boats 218:3 Bob 206:14 228:7,23 229:25 230:5,11 233:3 234:19, 22,25 237:19,23 239:2,6, 10,22 240:6,23 241:5 243:9 245:3,16 247:11,16 24 8: 14 249:7,25 250:7,13 252:1,3,5 253:15,22 254:1 boom 232:10 bother 203:13 brand 218:12 break 226:25 246:6 breaking 216:24 225:3 breathe 240:24 briefly 202:4,8 230:20 bring 222:25 broke 218:11 224:24 231:10 brought 205:2 206:23 buddies 239:3 bunch 212:18,22 216:13 219:3 229:13, 18,19 234:17 butchering 236:4 button 208:19 buy 218:12 L cabinets 236:25 CAFI 228:4 230:20, 22,24 231:14 232:20,21 233:22 234:1,11, 13 235:3, 6,10,20 236:5 237:15 239:7,14 240:21 241:6,20 242:5,6, 14 243:8 CAFI's 242:17 call 204:20 217:21 234:5,18 238:18 240:10 called 2 01:2 0 February 24, 2016 Index: banners..cell 213:9 230:16 239:23 camera 205:24 campaign 2 08: 14 209:3 212:5,8 213:25 campaigns 214:3 car 201:9,15 218:12, 15,16 227:12 carbon 229:18,20 care 214:18 227:25 250:8,12 carrying 213:23 214:5 cartoons 215:9 case 231:9 246:9 248:2 cases 236:19 239:6 cashed 218:5 Cathy 241:25 cell 219:19 eo ESQUIRE 800.211.DEPO (3376) 1 11Esquire Solutions. cam JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE certainty 240:13 245:6 certify 224:18 Chandler 199:2 222:17 225:10 change 220:17 226:1 237:10 changed 217:16,20 channel 205:17 characteriz ation 232:16 236:13 charge 205:9,12 216:10,25 chase 200:10 chatted 245:23 check 217:25 chicken 214:17 chief 222:2 children's 214:13 choice 216:12,16 choices 218:11 Chris 211:13 216:4,18 222:1 248:1 249:9 250:10,11 253:22 254:22, 23,24,25 Cities 213:13 citizen 212:14 citizens 202:14 212:21 220:1,3 221:9,10 229:9,15 city 201:24 202:1,5, 11 207:3 216:10 223:6 civil 204:3 217:8 249:5 25 0: 23 251:6,10, 17,18 Clark 222:2 class 218:2 clean 252:15 clear 205:21 220:19 223:21 233:9 237:14 241:24 249:9 252:16 Cleo 241:17 clerk 2 02 :5 2 04: 25 205:4 clever 211:25 215:10 client 231:9 238:3 241:17,19 253:23 closely 248:3 Cloud 219:3 Cloud's 219:15 Coalition 221:23 coast 199:24 200:16 colleague 232:11 college 200:4 218:5 comment 211:14,19 commiserate d 240:19 February 24, 2016 Index: certainty.. conscious Commission 208:15 commissione rs 207:24 committing 248:15 common 206:18 214:3 communicati on 250:3 communities 220:16 community 221:18 comparison 250:2 compensated 233:16 compile 234:19 compiling 234:9 complaint 248:11 complaints 242:3 243:8,16, 19 244:5 completely 215:4 219:14 comply 223:12 complying 225:4 computer 235:10, 12,20 concern 242:13 244:7 249:8 concerned 212:9 concerns 243:21 244:18 conduct 221:16 242:4 245:10, 13,18 confident 210:13 243:25 249:6 confidentia 1 244:18 confirmatio n 224:5,6 confiscator y 216:11 conform 213:2 confrontati anal 226:8 connected 235:21 connection 207:12 221:3 conscious 242:23 �� ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE considered 205:14,20 248:5 206:4,11, consulting 13,14,24 208:5 213:24 217:9 contact 232:4,19 199:7,10, 238:19 13 201:25 240:4,14, 202:11 15 243:24 206:19 245:19,21 240:12 247:20 253:17 249:3,15, contacted 20 250:20 204:8,9, 251:3,23 10,14 253:6 224:9 conversatio contacts ns 199:15 207:13, 14,16 contemplate 231:7,16 d 240:16 205:10 241:4,9 216:25 243:15 content 244:9,15 211:16,19 245:2 247:3 context 249:22,24 216:21 253:18 continued convict 220:2 219:21 contract coop 214:9 214:17 223:10,11 224:2,12 cooperate 252:6,10 contractors 204:11 copied 223:7,9, 229:18 25 238:6 contraption copies 210:2 233:2 conversatio copy n 225:6 202:8,12 229:21 203:23 cordial 199:16 202:18 204:1 206:20,21 207:19 239:1,4 corollary 228:18 correct 225:17 230:6 247:8 254:8 cost 227:12 229:16 233:17 costs 231:24 Council 215:15 counsel 224:10 230:18 235:13 count 218:4 221:2 counterprod uctive 210:17 212:18 County 203:17 217:23 226:5 couple 201:2,5 218:3 240:15 254:24 February 24, 2016 Index: considered -date court cruise 218:22 201:12 219:12 crystal 224:24 220:7 227:17 curiosity cover 213:14 227:24 covered 233:18 crap 216:9 220:9 221:4 252:19 create 236:23 created 233:21,25 238:4 creates 216:15 credence 239:17 credibility 220:6 criminal 200:4 250:23 251:6,8, 16 criminally 218:20 219:5 crisis 212:7 cross 239:2 CROSS - 228:2 cuss 200:10 205:23 custody 215:18 cut 250:25 D damage 220:16 damaged 221:16 222:4,14 damning 241:13 Dan 227:4,20 228:1 240:7 246:17 250:25 Daniel 225:11 245:25 254:16,20 data 233:13 235:23 database 241:17 date 211:6 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE Index: February 24, 2016 dated.. documents 228:25 223:9,13 describing 219:13,14 245:5 234:11 define 245:18 220:17 250:13 247:15 222:23 description 236:16 discussing dated 214:25 differences 209:5 definitivel 210:23 y description 229:11 210:21 Dave 244:22 s differently 239:24 213:21 239:16 200:20 242:2 degree 243:8 David 242:6 descriptive difficult discussion 201:19 240:23 249:5 delay 205:2 day 230:7 desire difficultie 244:3 201:21 deliberate 219:4 s 251:16 202:4 237:11 desk 240:19 discussions 204:23 227:14 delivery 200:24 dig 210:10 238:11 224:7 DESOUZA 214:6 24400:6 254:25 209:12,17 direct 243:18 delve 251:7 225:12,22 212:11 days 222:18 226:9,11, 253:17 distinction 200:18 demand 16,25 250:23 201:2 directly 231:25 227:5,17, 251:5 229:5,25 232:1 22 228:3 222:7 deal 234:2 240:1 directories distinguish 214:2,7 demanding 246:2,8, 238:8 ad 14,24 250:22 dealing 236:18,20 disappointm 204:6 247:2 ent distressing 240:22 demands 248:13,19 249:8 241:22 233:5 251:2 deals Denise 253:12 disclose DJJ 250:16 236:18 254:2,18, 245:17 215:16 dealt 237:3,8 21,24 discuss document 250:17 241:14,16 255:2 208:9,14, 205:8 debate department p detail 17,21 234:16 236:17 201:10 242:15 209:7 documented 214:9 determine 211:22 237:3 deeply 243:21 222:18 departure 222:25 247:10 documents 230:20232:12, dialect Deerfield discussed 17,23 239:14 deposition 200:14 207:14 233:5,8, defendant 206:16 dialogue 208:3 12,19,21, 251:24 221:2 204:20 209:22 25 234:3, 254:6 210:13 5,7,9,15, defendants 255:6 dictated 240:11 17,24,25 247:7 depositions 222:1 242:7 235:4,8, defense 221:3 difference 244:4 19,22,24 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE Index: dollar -expected 236:9,12, 201:3 199:17,18 203:19 establishme 14,23,24 dump254:25 220:9 nt 237:12, 238:11 222:11 23:13 east 14,16,17 253:5 241:5,13, duplicative 199:24 255.7 estimate 200:16 226:14 24 242:8 233:4 endeavored easy ethical dollar 238:10 226.7 212:14 218:24 E ended 229:11 economic Don 202:7 222;2 e-mail 231:13 exact 202:23 education enemies 228:25 dont' 213:6,20 229:7 203:21 218:6 250:10 231:4 251:7 207:13 effect enemy's 245:20 224:3,4 212:12 206:18 double 228:23 examination 230:4 engage 200:18 229:6,12, 233:9 13,17,18, effort 2241:15 dozens exchange 22,24 224:21 engaging 205:16 202:21 230:5,13, 225:5 223:22 draft203:25 24 231:2, ego enjoyed 205:21 236:20 16 236:16 221:15 211:15 206:16 237:3 237:23, 24,25 elaborate enjoying 240:5 drafted 238:3,13, 212:19 207:4 exchanged 237:7 17 239:23 252:17 enormously 237:23,24 dragon 240:5,8, elephant 221:8 238:1 238:24 10 214:22,24 exchanges enthusiasm dramaticall e-mailed eliminate 230:21 236:16,21 y 239:22 231:12,22 239:1 217:19 entities 245:2 231:12 e-mails employed 213:14 228:20 200:5 239;7 excited drink 229:18,19 217:6 200:10 231:5,15 employees entitled 199:8,10, 224:21 existence drive 232:20,22 238:6 225:14 233:1 13 201:25 entity 227:14 237:22 202:11 204:13 ex it 233:20 245:2 207:15, 212:16 234:10 234:5,6earlier 20,21 223:6 236:5 235:1,22 199:21 employment 229:14 exodus 237:19,20216:10 222:21,23 equipment 242:14 238:7,10 236:2 235:9 235:11,20 expect driver's 244:8,15 empty 221:24 201:18,20 248:25 214:16 error 233:16 218:21 drop early end 219:3,10 expected ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE 240:24 233:10 224:5,6 expecting extreme February 204:2 216:20 249:13 238:21 231:8 files extremely federal expense 253:18 247:5 225:3,4 233:15 experience 199:21 203:5 252:3 experiences 203:5 experiment 199:24 200:19,25 explained 219:15 222:17 expletive - latent 211:14 explicitly 223:10 express 244:6 expressed 219:4 248:24 249:7 expressing 242:12 extent 221:19 222:5 252:22 external 238:6 extraordina rily eye 207:9 237:10 F face 232:5 245:4 facility 245:22 facing 201:11 fact 220:4 223:10 241:16 242:17 facts 223:20 231:8 failure 223:12 fair 232:15 236:13 242:2,7, 11 243:1 fairly 211:21 fancy 211:12 fashion 240:9 fax fee 231:25 232:2 feed 222:24 feel 204:4,20 218:17 226:23 250:4 feeling 241:1 feelings 230:8 250:4 flea 231:25 felt 211:20 216:2 217:12 field 214:16 figure 210:4 234:20 243:14 file 217:23 223:8,20 238:5 247:25 248:6,20 filed 218:22 224:8,9, February 24, 2016 Index: expecting -form 13 234:13 five-minute 247:6,15 226:25 249:13 flavor 250:21 231:8 files flirting 237:22 206:5 filing flirts 236:25 206:5 247:11,17 Florida filled 199:24 219:7,11 213:10,13 financial 218:19 222:18 221:10 find 254:5 203:22 flower 210:8 236:21 214:14fly 237:19,20 209:15 fine 210:5 215:18 244:11 226:3 flying 246:17 209:8 254:10 focus finish 207:20 225:1 222:6 fire Focussing 199:6 231:15 226:6 228:1 folder 235:21 237:24,25 240:24 238:1 firm follow 207:17 248:2 221:8 forgotten 231:13 250:4 239:15 241:14, form 17,22 244:10,19 248:8,17 firmly 251:13 218:2 253:10, fishing 11,13 218:7 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: formula..guess formula friend 236:12 give 222:5 218:25 205:22 201:17 gave gotcha forthcoming friends 208:18 203:3 223.22 210:4 248:22 199:22 211:13 217:14 government 249:15 234:21,22 front 219:5,21 203:15 forward 200:24 237:19,20 230:25 204:11 242:25 222:6 207:3 231:20 217:11 245:17 222:10 gear 232;5 219:25 Foster 237:8 235:19 234:18 220:5 207:16 fuck gee 244:21 222:7 232:6 found 219:18 223:13 giving 201:23 252:13 general 229:25 graciously 241:22 fucked 224:10 glasses 246:22 245:18 213:11 240:5 243:3 graduates foundation 223:18 generally goals 200:4 200:8 fucking 210:14 220:11 grant 201:3 222:12 237:21 235:17 Goldstein 202:15 fuel generating 226:10,23 Gray 210:4 227:12 241:16 227;2 241:20 212:22 213:3 full gentleman 232:11,20 great 220:2,4 216:21 199:16 239:25 212:13 221:9,22 236:21 248:8,17 217:14 gentlemen 250:25 229:10,15 funds 222:11 251:14 240:2 frankly 218:6 genuinely 253:11,13 242:15 246:14 204:1 funny 242:21 254:17, 230:8 208:24 20,23 greed 242:19 215:9 Gill 255:4 221:15 251:17 199:1,2 253:1,15 209:14,21 Golf grind G 225:9 199:8 215:13 fraud 245:25 Golly Group 223:18 G4s 246:4,12 223:13 247:6 Frazier 251:13 214:10 good g row 241:21 253:10 gainfully 254:16 199:22 244:11 free 200:5 216:7 grudge 229:16 gist 219:25 212:23 frequently Gates' 211:20 221:11,20 222:2 229:8,9 244:25 guard 223:8 gather 230:12 250:7 242:19 250:1 236:9,23 231:6 252:8 guess fresh 238:13 253:5 207:16 227;6 gathering 245:19 234:14 248:11 goods 213:6 ESQUIRE 800.211.DEP0 (3376) Esquire Solutions. corn JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: guessing -ill 220:9,22 - happy 214:6 hours 222:5,23 H 203:2 225:23 225:15 228:18 204:7,24 hell 226:17 244:13 212:20 227:14 half 207.7 248:1 226:5 229:5,25 253:23 225:14 229:16 helping 238:11 226:11, 246:20 230:21,23 246:10 guessing 13,17 213:17 238:10 254:13,19 hesitation 254:24 246:10 harass 242:13 house Gulf 199:3,11, Hall 213:12,16 hesitations 212:2 15,17 207:3 hard 243:22 215:6,8 218:24 201:8 handed 218:11 Hey 202:23 201:18,20 226:14 237:3 housewives 204:4 233:20 207:6 207:4,6, hands 234:5,6 hierarchy 15 211:3 202:20 235:1,21 238:4 Hudson 199:2 212:13 252:14 237:19,20 hired 245:25 213:21 hang 238:6 209:15,17 254:3 214:18,20 226:5 hat 213:24 215:2,5, 239:3 222:13 215:14 human 13,25 238:20 216:4,6, hanging hate hiring 19 217:4 199:19 226:4 215:14 hundred 219:8 240:20 208:19 Hawaiian history 242:1200:4 Hanna 252:24 hundreds 247:6,16 239:18 216:8 252:19,21249:3 head hold 235:7 207:7 222:12 238:2 guy happen 231:4 244:16 200:21hurt 211:9 252:2,11 home 215:23 222:4 220:4,5 249:12 244:12 hear 225:14 230:8 250:7 247:14 208:13 homestead 250:4 253:21,25 253:24 209:12 218:23 215:1 guys happened 244:25 hood I 200:2,9 204:8 200:13 201:13heard 221:6 horns idea 220:8 231:22 209:10,18 240:25 203:12 222:11 234:20 216:6 216:7 225:12,13252:1 236:15 hostile 239:9 226:3,18 249:15 hearing 205:23 249:16 227:9,16 216:3 hour 233:5 happening ideas 232:1,2 225:13,14 246:11, 207:7 251:7 226:12, 203:8 21,23 216:2 13,15,16 ill 253:12 243:15 heels 249:11 ESQUIRE 800.211.DEPO (3376) 11 EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE 250:15 illegal 213:1 245:13 illegally 220:22 imagine 2 00: 11 206:2 227:15 immaterial 218:21 2 19: 10 immediately 223:11 immunity 204:18 impacted 221:12 impassioned 211:14 important 214:7 impose 205:8 impression 239:19 improper 242:4 245:10,13 improve 203:10 impulse 213:8 inadvertent 218:20 219:9 inappropria to 212:25 incentive 231:13 inclined 210:16 include 227:12 including 241:20 income 222:19 223:24 indigent 218:21 219:7,10, 12 indisputabl e 223:21 individuals 248:7 inducement 252:10,18 information 201:19 226:1 241:19 initial 215:5 239:23 240:4,11 241:4 injunction 232:9 instance 204:12 instances 210:12 instruments lity 241:25 intention 223:16 interact 203:18 206:1 interchange 199:16 interest 223:7 231:21 250:9 interested 213:23 215:13,24 interests 215:17 intervene 224:12 intimately 232:12 inundate 213:15 inverse 252:9 invited 221:24 involved 239:6 involving 249:8 ironically 208:19 219:11 irreconcila ble 229:10 irrelevant 218:21 219:10,14 February 24, 2016 Index: illegal..justice Islamic 215:15 235:13 issue 232:12,16 244:2 245:7 249:10 250:13,14 253:21 254:1 issues 212:3,4,9 214:8 215:12 217:11 222:18 241:23 244:8 245:5 250:16,17 items 243:13,23 �l Jeff 241:20,21 Joann 207:18 228:15 230:10, 13,15 232:4 249:7 job 223:16 Joel 225:17 227:9 228:4 244:16 254:4,7 join 251:14 254:23 joked 207:8 Jonathan 212:10 221:7 Jonathan's 221:15 Jones 207:16 Josh 254:3 255:2 Joshua 205:22 232:11 judge 224:24 232:10 judgment 216:18 July 243:3 June 210:19, 24,25 211:1 228:5,10, 12,15,18 229:4 230:1 234:10 239:10,12 242:24 jury 206:2 justice 214:9 215:21 <� ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE Juvenile 214:9 L F, kids 214:8,12, 15 218:2 kids' 218:5 kind 199:18 200:12, 13,24 201:11 202:20 205:5 207:6,8 208:7,8 210:2 211:12 212:1,7 214:2,11, 17 215:18 216:22 224:19 227:5 230:8,20 233:13 238:23 239:21 240:18 250:4 251:16 252:4,5, 17 knew 215:12 245:17 knife 217:4 labor 205:12 lady 202:6 laid 237:4 248:12 Lakeland 227:8 240:18 241:8 245:4 254:4 language 229:7 large 222:5 235:21 law 207:17 221:8 222:3 224:25 225:3,4 231:10, 13,20 237:6 239:14 241:14, 15,17,22 lawful 205:13 lawfully 236:1 lawsuit 234:13 247:6,10, 11,17,25 248:2,5, 6,21,23 249:13,15 250:21 251:3,10, 25 lawsuits 23 0: 25 236:20 237:3 241:16 lawyer 231:20 League 213:13 leave 236:15,16 253:4,24 leaving 228:7 237:2,15 left 220:1,15 226:20 228:4 229:9 232:20 234:1 235:6 236:17 238:13 242:24 legal 202:25 203:3,4 212:14 legally 201:14 legislators 221:25 legitimate 200:25 214:2 February 24, 2016 Index: Juvenile..lower 215:3,8 231:14 216:5 lives letter 215:20 210:18,22 221:13 Levy living 203:16 225:1,2 liability lodging 231:11 227:12 232:1 logically license 233:10 201:18,20 long life 226:10 214:6 229:1 219:9,17, 230:7 22 231:23 longer 240:6 226:18 light lookout 239:11 200:24 limit lose 246:22 224:16 limited 231:9 240:13 loss 253:18 221:5 lingerie lost 225:20 218:4 list 221:2 212:12 lot 213:5,6, 202:17 7,8,9,11, 214:7 13,19,20 216:15 214:12 221:13 217:2 222:7 literally 227:23 222:1 233:14 litigating 239:15 202:6 Lou litigation 237:25 203:6,8, love 9,18 210:7,8 220:13,21 lower 223:3,22 ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE 232:10 M Macbook 235:14,15 machine 235:25 machines 225:6 made 202:7 205:1 216:19 217:22 219:13 223:25 233:4 234:2 236:20 237:13 241:24 243:12 252:23 magnificent 218:6 mail 224:7 229:21 maintained 233:25 make 200:2,17, 18,25 201:4,10 203:22 205:18 206:3 212:15,22 213:8 216:13 219:20 224:25 225:2 226:4 237:15 246:19 250:23 251:5 254:7 making 201:22 212:14 218:11 244:20 250:15 manager 202:1 224:12 mark 220:12,13 Marrett 239:18 249:3 Martin 203:24 205:1 206:4,23 207:10 214:21 222:15 247:7 Marty 203:11 206:5,25 207:12 211:10 212:10 213:19 215:1 217:3 220:3,18 229:1 235:10 239:7 240:22,24 241:25 248:1,21 252:21 254:21 Marty's 208:24 211:16 2 14 :4 221:15 matter 218:25 236:14 matters 210:23 maximum 219:5 mayor 207:24 210:18,22 228:12 meals 227:14 meaning 236:22 means 217:10 223:15 meant 209:2 210:5 213:21 237:1 meet 221:25 233:7 245:7 meeting 199:18 202:5,19 2 06: 23 211:6,9 237:9 245:3 February 24, 2016 Index: Macbook..money meetings 211:3 member 253:20 memo 220:6 237:7,8 men 214:23 mention 203:24 207:10 232:22 mentioned 199:9 204:25 208:1 212:11 merged 229:21 mess 240:20 messages 209:9 met 207:23 217:5 240:22 methodicall y 233:11 Miami 200:1 Miami's 231:23 middle 218:2 250:25 midst 212:8 million 218:24 mind 223:15 227:6 23 1: 11 mine 199:22 minor 223:23 238:7 minority 221:13 222:8 minute 205:10 243:18 254:2 minutes 226:6,20 245:23 246:3,9, 15, 16,23 mistaken 203:21 230:10,17 233:24 234:2 mitigate 231:11 modified 222:2 moment 206:2 money 216:11,23 218:18 222:21,25 223:16,19 224:20 231:24 rI ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE month 214:14 236:19 242:25 243:5 months 229:3 250:3 Morgan 202:9 206:11, 15,16 210:18,22 228:13 morning 199:17 202:15 motivation 208:9,21 209:2 mouth 218:18 mouths 222:24 move 244:23 moved 212:5 240:17 moving 222:6 multiple 229:17 municipalit ies 216:19 Muslims 215:17 mutually 22 7: 3 M naively 242:20 named 248:2 nature 241:12 navigating 233:8 neatly 233:10,14 necessarily 213:1 negative 239:11, 18,21 network 233:2 nice 199:20 201:21 206:21 235:21 254:13 night 225:18,21 246:20 255:2 non- objection 255:5 nonevent 199:20 nonexistent 215:4 nonsensical 234:13 note 211:9 noteworthy 204:12 notice 254:12 notificatio n 224:8 number 206:9 213:10 218:4,19 231:3 on O'boyle 203:24 205:2 206:4,23 207:10 208:3,14 209:8,15, 22 210:11 211:22 217:5,7, 16 220:3 221:7 222:15 229:2 231:13 239:14 241:17,22 247:7,18 O'boyle's 208:1 211:17 214:21 215:1 221:16 O'Connor 207:18 228:16 February 24, 2016 Index: month -operation 230:10,13 249:7 O'connor's 230:15 O'hare 211:13 216:4,18 248:1 249:9 253:22 O'hare Is 211:19 object 244:10,19 248:8 251:13 253:10, 11,13 objecting 246:12 objection 255:3 objections 212:14 objectives 213:3 observed 253:7 occasion 250:14 occurred 200:7 Ocean 200:15 October 235:18 offer 202:25 204:17 230:24 238:14 offered 210:3 233:7 252:24,25 offering 202:23 230:25 office 208:20 239:14,15 officer 199:14 201:17 202:16,18 207:8 officers 199:15 officials 203:17 204:19 206:1 older 202:6 one-off 214:2 one-time 214:1 open 203:15 217:10 220:5 222:6 232:6 opening 244:2 operated 223:6 operation 230:3 CeESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE opinion 217:16 221:18 23 9: 17 245:12 250:18 253:7 opportunity 217:6 222:10 opposed 231:15 opposition 213:25 ordinance 211:23,25 organizatio n 237:18,21 238:5 organize 237:16 238:3 organized 233:10,14 original 205:7 outhouse 214:17 outrageous 216:23 overconfide nt 248:25 overwhelmed 233:13 owned 235:19 217:11 P 250:8 p.m. 227:1 255:6 packed 227:18,20 pages 235:7 paid 224:20 235:17,20 painted 215:8 Palm 199:25 200:15 pariah 221:19 Park 214:10 parked 207:2 208:6 parking 202:16 part 218:24 221:22 235:9 238:9 253:9 particulars 212:6 passed 253:16 passionate 217:10 patronizing pay 225:4 231:24 payer 225:3 peeked 213:14 pejorative 212:1 pen 210:21 pending 210:23 people 203:15 217:13 220:21,22 221:13,21 222:8 225:2 229:19 230:21, 23,24 231:1,6 232:7 239:16 241:21 248:2 perceive 214:20 253:2 perceived 215:2 perception 216:3 220:18 perfectly 214:2 215:3 224:22 February 24, 2016 Index: opinion..poison period 229:3 249:25 periods 250:2 person 217:10 224:14 245:7 252:20 perspective 249:4 persuasion 208:25 philosophic al 229:11 phone 206:9 227:9 230:16 238:18,19 240:10 247:22 photograph 200:23 pick 201:6 pickup 207:2 208:1,6 pictures 209:20 pike 252:3,11 pissed 213:22 221:14 pitchfork 240:25 place 201:7 202:13,14 214:11 Plaintiff 246:8 plan 223:19 230:3 24 7: 25 planes 209:8,15, 17 planning 246:24 248:6 play 205:24 player 254:14 pleasant 202:20 238:25 239:2,5 point 202:22 210:16 215:20 225:13 226:20 228:6,19 230:6 232:14 234:17 23 6: 4 238:18 239:22,24 241:7 243:25 247:5 251:18 poison 210:21 C) ESQUIRE Esqui 1.DEP0 (33om Esquire Solutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: police..question police practical privilege 246:4 14,25 199:14,15 210:7,9 241:23 224:1 prosecute 201:9,10, practice 242:16, 213:12 250:15 17 214:3 17'22 252:25 public's 202:16,18 243:13,22 206:19 237:6 244:8 prosecuted 217:24 241:15 245:6 218:20 publicly polite practicing 219:5 223:6 204:3 Privileged 231:20 244:17 prosecution pull political pre 249:2 201:14 208:8,25 Pro 212:24 251:3 235:14,15 prosecutor pulled 213:25 prepare 249:4 201:16 problem 214:3 237:16 214:1 prospective pulling politics prepared 241:20 247:11 223:23 209:1 221:2 Proclivitie protect purely 236:5 Polk s 236:10 235:24 216:9 present 210:14 protected purposes 217:23 203:1 Produce 215:10 224:23 223:6 presume 214:15 provide 234:18 226:5 248:11 224:13,17 235:10 poo-pooed pretty 232:1 pursue 231:14 203:12 236:19 provided 203:20 205:9 pushing poor 225:16 produced 246:6 221:13 239:18 214:16 Public 222;8 240:17 232:14 199:9,18 put 253:20 233:20 200:2,17, 214:11 portions 234:24,25 18,23 218:17 248:10 prevailing 236:21 201:4,22 219:8,16 248:25 positively 202:7,24 220:6 221:12 prior Production 203:9,17, 234:17 237:15 224:18 22 204:6, possession 243.9 234:15 9,13,16, putting 232:13 208.9 236:1 244:6 professions 19 205:1, 234:4 245:3 1 18 206:1 possibly 250:21 239:4 212:15, 251:24 Priority projects 16,22 Q potential 224:7 213:9 213:15216:8,11, 210:15 qualified prison promise 14,19 230:17 Pounding 214:13 254:2 217:17,22 215:19 219:9,16, 219:4,19, question 19,22 promises 20 220:20 209:12 powers 252:23 219:1 240:24 private 221:17 216:2 proposed 223:3,12, 243:17 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE Index: questioning.. remember 244:14 read 242:2,12, 245:7,24 reflective 251:1 248:10 15 243:7, 254:11,18 237:21 253:5,10 readily 24 244:14 records regard questioning 249:1 245:1,4, 199:9 204:4 226:1 11,15 200:2,17, 250:24 read 21, 246:5,12 227:21 247: 18 201:4, regularly questions 248:9,14, 23 202:7, 239:13 real 24 203:9, 199:4 215:3 18,21 22 204:6, related 215:16 221:5 249:2,14, 13,16 215:4 225:9,15 223:6 21 250:22 205:1,18 222:7 226:7 227:6 realize recalling 212:15, Relations 244:24 215:1 250:21 17,22 215:15 246:16,18 216:2,14 received 213:15 235:14 216:8,12, quickly reason 229:1 13,14,19, relationshi 240:17 220:1 233:22,25 24 ps quit 232:4 252:4 217:17, 221:21 237:10 236:10 recent 22,25 relied reasonable 223:24 219:19,20 240:23 quota 241:15 231:25 recess 220:20 religious 254:12,227:1 221:17 quota 13,19 223:3,12, 215:17 244:21 recipient 14,25 relish reasons 229:12,22 224:2,13, 222:9 212:19 reckless 15,17 R remarkably recall 221:1 232:1 241:3 202:10 250:15 racketeerin 205:4 recognize remedial g 207:14, 214:22 recurrences 224:20 215:6 231:22 247:17 21,22 remember 248:6,16 208:11, recognized gn reduce 205:6 249:23 12,13,23 253:17 231:13 206:8 radically 209:5,6 reconvene reels 210:12 214:24 210:20,21 246:3 218:7 211:6,11, 211:2,13 reference 18 212:3, raise 228:23,25 reconvening 4,6 205:24 229:6,8, 255:3 243:25 251:24 229:7,17 ran 23 record 230:7 201:19 230:11,15 204:8 referred 231:18 231:1,2 205:6 241:21 232:3 rationale 232:24,25 220:13 referring 238:17,20 248:12 233:6 222:10239:13,15 213:4 rattle 238:15,19 227:3 215:25 244:20 218:17 239:24 242:18 234:14,16 245:16, 241:10,11 243:11 20,21 D ESQUIRE 800.211.DEPO (3376) 0. U= 1 0 N S EsquireSolutions.com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: rental -sense 249:24 19 219:19 230:15 rodeo scheme 250:5 223:25 234:15 216:9 212:1 251:7,15, 250:15 responsibil Roeder school 17 reschedule ities 237:25 217:23 rental 254:6 219:17 218:3 227:12 room research rest 236:17 acorea repeatedly 213:25 219:9,16, 205:16 root 233:6 22 reserve 238:8 Scott reporter 216:17 result 202:9 roughly 227:17 residents 229.10 249:14 206:11, reports 207:4 235:11,17 15,16 routine 241:18 210:19,23 return 207.1 scouring represent resignation 235:18 236:24 199:3 230:1 returned rumors screw 252.1 representat resolve 235:22 213:23 213:23 ion 202:24 review run screwed 221:17 231:11 221:6 216:4 214:10 represented resource RICO 232:9 230:18 204:23 247:5,10, running 250:11 208:22 repreaentia respect 11, 25 209:3 screwing g 202:12 248:20,23 241:14,18 211:20 229:14 203:23 249:2,13, 214:18 206:19 15,21,22 Ryan 215:21 reputation 250:9,18, 212:10 253:22 210:10 220:16 21,23 222:14 217:17 251:3,4, secretary 249:21 S 224:11 request 251:10 200:17,19 12,17,19, seeking 202:7 respects 22 sadness 218:19 241:2 221:5 203:22 RICOS selling 205:1,18 respond 249:5 sale 212:3 216:12 203:8 218:8 rid seminar 217:22 230:9 223:1 218:9 203:16 223:12 231:6 sales 234:16 238:15 Ridge 218:4 seminars 253:3 200:15 219:21 requests sate 222:21 200:2 responded rights 224:10 201:4,23 230:5,10 217:8 send 203:9 231:2 saving 216:7 204:6 238:16 River 215:20 sending 212:15,22 240:9 231:23 231 scheduling 228:23 213:15 road 206:15 216:8,14, response 226:19 240:17 sense ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: sensed -stopped 215:6 shortly snippy speak 201:13 216:1 230:2 205:5 211:11 225:3 217:3 show social special started 220:19,23 242:9 199:24 205:9 199:25 221:5 240:11 showed 200:19 213:9 200:15 242:9 software 216:25 227:5 sensed 230:3 241:18 specific 253:19 side 236:9 210:2 sold 205:19 sentence 210:12 starts 215:7 218:6 219:6 213:5 223:17 216:3,6 solely 231:17,19 served state sign 240:23 243:24 224:23 223:7 207:3 somebody's 249`24 224:11 server 208:8 212;23 specificall 233:2 211:23,25 stated 236:25 y service signs sophisticated 209:2 255:4 205:9 210:3 213:21 statement 216:25 212:2,5 229:20 245:5,22 234:22 serving similar 248:10 240:18 Sopranos 242:18,25 215:21 24:3 speech 251:21 243:3,9, set 2444:7 211:16 218:6 simple sore12,14 215:11 244:1,3, 207:9 settin g 216:11 spite 20 245:23 232:8 sincere sort 223:9 statements 202:9 settle 217:12 212:6 spoke 243:12 224:16 single 221:23 202:15 states 204:12 222:20 204:25 223:10 sexy 218:12 237:17 228:19 225:20 staying shaking sitting sorts spoken 226:24 206:2 241:23 207:23 207:7 219:18 228:7,12, stays share sound 15 216:24 slights 216:20 203:4 215:2 squirrel stent 220:19 sounded 237:12 224:4 slip 238:20 sharpen St sticks 217:4 225:19 sounding 219:3,15 231:4 slow 238:24 sheer Staal stipulation 207:5 233:11 sounds 218:7 254:3 small 214:11 shoes staff stop 216:14 211:12 source 222:2 201:6,11 shook smoke 222:19 start stopped 200:10 202:20 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: straight -telling 199:19 struggles 246:22 247:3,12, 209:1 straight 202'24 suing 16,24 222:20 200:9,11 stuff 203:15 248:4,14, 230:20 218:13 214:17 248:15 22 249:22 231:1 250:22 240:21 253:20 215:9,18 251:10 226'17 251:4,23 249:10,25 strategies suit 253:6,8, 250:1,5 233:6 231:10 217:23 15 254:17 253:8 251:19 strategy 223:8,20 Sweetapple' 254:25 subfolders 224:9,14 203:7 a talking 238:2 Stream sums 240:23 203:2 199:3,8, subject 231:24 switch 233:19 11,15,17 204:13 Sunshine 244:14 234:6 201:8 212:16 221:23 235:1 202:23 223:14 sworn 238:12 204:4 224:1 support 234:22 242:13 207:5,6, 241:5 217:15 240:18 246:20 15 211:4 subjects supposed 242:18,25 247:21 212:13 227:23 203:13 243:3,9, 249:20 213:21 242:14 210:5 11,14 251:19 214:18,21 subsequent 237:1 244:1 245:23 Tallahassee 215:2,5, 204:15 surprised 220:10 13,25 204:1 system 221:25 216:5,20 substance 241:18 217:4 202:10 suspect taped 240:20 242:8 210:16 200:23 242:1 243:8,15, swap T target 247:6,17 19 244:5 210:3 214:21 252:20,21 substantive Sweetapple tail tax Stream's 242:3 206:14 240:25 225:3 216:6taking succeed 227:20 team street 219:16 228:8,19, 223:16 254:14 201:14,15 24 229:25 236:25 successful technical 253:16 232:14 talk 221:6 233:3 199:7 219:3 strictest suck 234:19,22 203:17 223:23 220:23 231:9 237:23 204:21 telephone strike sued 238:12,15 209:24 202:9 247:4 204:15 239:6 230:19 231:16 struck 205:13 240:9,12 238:18 245:2 212:24 223:5 242:3,12 246:9 telling 215:6 229:14 243:12, talked 211:12 20,21 struggled 230:22,23 244:5,6, 202:1,4, 244:16 204:5 suggest 15 245:11 6,16 245:16 203:11 248:14 ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. corn JOEL CHANDLER Volume 2 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE Index: tells..0-turn tells 214:6 25 217:9, 231:23 transparenc 216:18 218:8 13 218:2, 232:4 y tenth 236:25 10,18 251:4 203:10 237:2,9 221:1,23 252:13 219:25 218:10 241:24 224:21 tonight trap tenure 242:1 225:5 226:1246:19 9 218:17 202:14 244:17 227:3 241:6 245:9 232:22 treated terminated thought 233:22 top 200:20 223:11 213:3 234:25 210:16 treating 215:9,10 238:14 total 211:21 terms 239:7 224:2 230:9 243:22 200:9 trigger 242:24 231:3 244:7 touch 223:24 243:7 236:15 245:3 214:23 triggers 252:8 237:16 238:23 246:7,19 touching 203:6 Terrell 241:24 253:15 214:25 trip 201:1,13 242:4,18, timeframe town 226:4 testified 20 244:2 228:5 199:3,8, 217:5 245:10,12 234:23 11,15,17 troubled 236:2,9 248:24 timeline 200:16 249:6 testify thousands 234:10,11 201:9 troubling 221:25 216:8 242:24 207:8,15 199:22 235:7 243:7 208:15 201:23 testimony 209:8,16 245:19 212:11 Thrasher times 210:19, 228:20 202:1,13, 208:17 22,23 truck 19 209:1 207:2 texture 210:13 211:3,20 208:1,6, 212:7 threat 214:20 10 253:2 218:14 215:2,25 theater 232:9 216:4,19 true 210:7,8 threatened 250:1,5 219:3 217:21 252:21,23tiny theatrical 247:16 Truth 207:1 threatening 219:2 254:16 225:22 210:14 252:4 today town's type thing threats 236:3 207:16 230:25 200:24 229:1 249:1 211:23 212:7 230:3 253:14 typing 214:3 253:3 towns 227:19 told 200:21 216:22 Tilex 201:20 224:17 201:1,13 204:18 toys U 250:9 220:25 — - time 205:12 251:18 208:4,18 transcript P U-turn 199:5 things 203:12 216:22 244:1 201:10 204:21 209:9,15, 225:22 ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE Index: ugly..work ugly unlike violations wanted 252:7 205:15 205:21 248:16 201:22 whispering ultimately unseemly 251:11 216:10 253:12 201:2 220:24 visit 217:3 219:8 white 253:23 240:17 upset 227:5 200:20,21 unaware 205:23 vividly wanting wife 204:12 232:3 237:2 238:1 unbelievabl V voice waatman willingness y 205:24 247:6 245:17 221:10 238:24 vacation underlying 252:24 volume warm win 204:3 230:24 250:13,14 233:11 valid 249:5 undermine 248:5 255:7 warn 243:20 wings 232:6 volunteer valuable 244:11 231:17 warned underneath 221:10 237.9 wire 216:25 Volvo Van 235:21 understand 218:7 218:17 warning 227:10,11 242:16 witnessed 205:19 varied 253:7 210:5 wasting 231.7 213:8 w 203:12 woman 233:12 Velcro 200:10 watch 210:2 unequivocal wait 246:19 women ly vendetta 244:24 251:20 206:6,10 224:1 212:23 waiting watching word unethical vendor 201:8,12 207:4 223:17 213:2 224:12 214:12 239:2 water 220:24 vengeance 223:22 213:23 words 242:4 242:1 waive 214:5 220:12 245:10,12 242'22 236:3 253:9 versus wealthy 245:20 246:10 waiver 218:1 unfair 248:18 249:11 videos 244:8 wearing 252:5 unfortunate 205:16 waivers 211:12 work 220:25 viewed 243:22 225:23,24 200:8 204:22 walk week 201:2 unilaterall vindicate 201:5 204:23 202:23 y 223:11 217:24 walking 236:19 204:21 unlicensed violation 201: 14 weeks 210:6k 216:15 237:6 204:16 wall 206:12 217:7 241:15 223:23 208:20 229:3 218:7 236:5,8 whiff 221:11 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE 223:19 223:5 worked 235:18 199:25 years working 218:13 233:22 Youth 235:3 214:10 worried Youtube 220:15 203:19 worth 205:17 226:17 wrap 204:5 wrapped 250:11 write 217:25 writing 236:4,8 written 210:22 213:5 237:7 wrong 225:17 252:14 wrote 237:10 Y yard 218:4,8 223:1 yards 201:16 218:3 year 218:10, 13,17 219:6 ESQUIRoE February 24, 2016 Index: worked..Youtube 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 9:14-cv-81250-KAM MARTIN E. O'BOYLE, Plaintiff, -vs- ROBERT A. SWEETAPPLE AND MAYOR SCOTT MORGAN, Defendants. February 24, 2016 1 DEPOSITION OF JOEL CHANDLER Taken By Counsel for Defendant, Sweetapple Volume 1 of 2 (Pages 1-195) Wednesday, February 24, 2016 10:30 a.m. - 4:50 p.m. Esquire Deposition Solutions 4927 Southfork Drive Lakeland, Florida Reported By: Megan M. Soria Notary Public State of Florida at Large Esquire Deposition Solutions - Tampa Office Phone - 813.221.2535, 600.838.2814 Esquire Job No. 118775 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 2 2 DANIEL DESOUZA, ESQUIRE DeSouza Law, PA 3 1515 North University Drive, Suite 209 Coral Springs, Florida 33071 4 954.780.8262 5 On Behalf of Plaintiff (Appeared via telephone conference call) 6 7 JOSHUA A. GOLDSTEIN, ESQUIRE Cole, Scott & Kissane, PA 8 222 Lakeview Avenue, Suite 120 West Palm Beach, Florida 33401 9 561.383.9200 10 On Behalf of Defendant, Sweetapple 11 12 HUDSON C. GILL, ESQUIRE Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, PA 13 2455 East Sunrise Boulevard, Suite 1000 Fort Lauderdale, Florida 33304 14 954.463.0100 15 I On Behalf of Defendant, The Town of Gulf Stream 16 LOUIS ROEDER, III Law Office of Louis Roeder 17 7414 Sparkling Lake Road Orlando, Florida 32819 18 407.352.4194 19 1 On Behalf of Chris O'Hare 20 21 22 23 24 25 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 3 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 4 1 Deposition was taken before Megan M. Soria, Court 2 Reporter and Notary Public in and for the State of 3 Florida at Large, in the above cause. 4 - - - - - - - - - - 5 THE COURT REPORTER: Do you swear or affirm that 6 the testimony you're about to give will be the truth, 7 the whole truth, and nothing but the truth? 8 THE WITNESS: I do. 9 THE COURT REPORTER: Thank you. 10 THEREUPON, 11 JOEL CHANDLER, 12 having been duly sworn or affirmed, was examined and 13 testified as follows: 14 DIRECT EXAMINATION 15 1 BY MR. GOLDSTEIN: 16 Q. Good morning, Mr. Chandler. My name is Joshua 17 Goldstein from the law firm of Cole, Scott, Kissane. I 18 represent Robert Sweetapple. 19 MR. DESOUZA: Josh, you're going do have to speak 20 up. 21 MR. GOLDSTEIN: No problem. 22 BY MR. GOLDSTEIN: 23 Q. I represent Robert Sweetapple in this matter. 24 I'm going to ask you a series of questions today, not 25 trying to trick you, not trying to get you to answer ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 5 1 something you don't know. If you don't understand my 2 questions, or if I tend to mumble, or if I swallow my 3 words, please feel free to ask me to repeat the 4 question. 5 A. Okay. 6 Q. Can you state your name for the record. 7 A. Joel Edward Chandler. 8 Q. How do you prefer to be addressed? 9 A. Joel is fine. 10 Q. I assume you have been deposed before. 11 A. I have. 12 Q. Just as a reminder, we have a court reporter here 13 today. We also have Mr. DeSouza over the phone. 14 Therefore, it's imperative for you to wait for me to 15 finish asking my questions, and I will do my best to 16 wait for you to finish your answers, so we don't talk 17 over each other; that's fine? 18 A. Sure. 19 Q. In addition, with Mr. DeSouza over the phone, he 20 can't see you nodding your head yes or no, and the court 21 reporter can't take that down, so your responses need to 22 be verbal. So if it's a yes or no question, your answer 23 should be yes or no. 24 A. I understand. 25 Q. If at any time you need to take a break or use ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 6 1 the restroom, let us know. I'm happy to take a break 2 for that. 3 A. I appreciate that. 4 Q. What is your current address? 5 A. 1355 Forest Park Street, Lakeland, Florida 33803. 6 If I go too fast, let me know. 7 Q. Is that your primary residence? 8 A. It is. 9 MR. DESOUZA: Josh, I can hear Joel just fine, 10 but you tend to trail off on the questions a little 11 bit. I don't know if you can get a little closer to 12 the mic. 13 MR. GOLDSTEIN: I will look at the phone when I 14 ask. 15 MR. DESOUZA: Like I said, I can hear Joel just 16 fine. 17 MR. GOLDSTEIN: I will look towards the phone 18 when I ask my questions. 19 MR. DESOUZA: Thanks. 20 BY MR. GOLDSTEIN: 21 Q. Did you do anything to prepare for your 22 deposition here today? 23 A. I did. 24 Q. What did you do? 25 A. I read some notes. ESQUIRoriE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 7 1 Q. What are the notes that you reviewed? 2 A. I reviewed some e-mails, I read the transcript of 3 the 2004 examination that I did a few months ago. I 4 re -read most of the sworn statement that I gave to Bob 5 Sweetapple back in 2014, and reviewed a timeline that I 6 created for my own purposes in preparation for that 7 sworn statement. And then I also reviewed some personal 8 notes that I made, as well as a number of e-mails. 9 (Enter Mr. Roeder.) 10 BY MR. GOLDSTEIN: 11 Q. And the notes that you reviewed or the timeline, 12 what was the timeline based upon? How did you create 13 the timeline? 14 A. From e-mails and notes that I made for myself 15 when I was employed for the Citizens Awareness 16 Foundation, and then also from e-mails and notes that I 17 created after I resigned my position there. 18 Q. And these were e-mails and notes that were done 19 contemporaneously when you were employed and not 20 employed? 21 A. Yes. I would refer to them as primary documents. 22 They were original documents that I created 23 contemporaneously with the events. And I used a 24 software program that allowed me to put it into a 25 timeline so it was easier to visualize. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 8 1 Q. Are you presently employed? 2 A. Not in any traditional sense of the word. I 3 prefer to describe it as being self -unemployed. 4 Q. Self -unemployed? 5 A. Yes. 6 Q. What do you mean by that? 7 A. I'm a civil rights activist. I don't get a 8 paycheck. I don't work for anybody in particular. 9 Q. And so you have never been contracted by someone 10 to help with whatever civil rights interest they need 11 assistance with? 12 A. No. I don't think that would be -- I wouldn't 13 say I have ever been contracted with anybody, not that I 14 can think of. I mean, from time to time, I will be 15 contacted by attorneys. I have done some consulting 16 work with law firms periodically. Very often I'm not 17 compensated for that. Sometimes I am. Only one time 18 that I can remember, off the top of my head, have I ever 19 been paid by a civil rights organization, and that was 20 for just a project that I worked on. It was with the 21 Council on American Islamic Relations. 22 Q. How long ago was that? 23 A. That was before I went to work for the Citizens 24 Awareness Foundation. They contracted with me to do -- 25 they got a grant, and part of that grant was to be used ESQUIRE 800.211.DEPO (3376) o EsquireSolutions.com 2 3 4 0 6 7 8 a 13 14 15 16 17 18 19 20 21 22 23 24 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 9 to pay me. I think I was paid $2,500. And I basically did some public records research. They have staff attorneys and I was consulting with them on how to better access public records. There were several civil rights issues that relate to Muslim -Americans that they asked my help with, which I was delighted to do. In fact, I had actually done quite a bit of work with them prior to that without being compensated. That was just a one-time thing. I can't recall ever actually receiving any remuneration from any other civil rights organizations except a couple times I think I got a free lunch from an organization called the Poor Minority Justice Association. I have worked with them more than any other civil rights organization. I have also done some work for the ACLU but it was not compensated. Q. You said Poor and Minority... A. Poor and Minority Justice Association, PMJA, they are a very small, primarily African-American organization here in Polk County. And as I say, I have worked with them, have not gotten any compensation other than one of their members owns a small soul food restaurant, and I have eaten there a couple times on the house. 25 1 Q. In terms of being a civil rights activist, what O ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 10 1 type of civil rights would you believe you're an 2 activist for? 3 A. Well, generally speaking -- 4 MR. DESOUZA: Sorry to interrupt. I didn't hear 5 the question. 6 MR. GOLDSTEIN: I asked in terms of being a civil 7 rights activist, what type of civil rights would he 8 say he's an activist for? 9 MR. DESOUZA: Thank you. 10 A. Broadly speaking, constitutional rights, federal 11 and state constitutional rights, also generally 12 speaking, I would say social and economic justice 13 issues. My particular area of interest is poor minority 14 rights issues, which is why I have worked so much with 15 the PMJA, Poor and Minority Justice Association. 16 My area of expertise, or I guess the reason I get 17 involved with organizations -- and I have worked with 18 many other organizations as well, is I have some level 19 of experience with access to public records. And so I 20 very frequently will work with organizations to try to 21 help them better understand how to access public 22 records, what sort of records they can get to try to 23 help them navigate obstructions that are very often put 24 up in their effort to get access to public records. 25 I have worked with religious organizations. I ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 11 work with social justice organizations, gender equality organizations. So my real interest is people being treated fairly with dignity, and so I take exception to generally the establishment that doesn't treat people fairly, particularly here in Polk County at the hands of our Sheriff. For example, when the Sheriff was sending undercover minority deputies in to spy on African-American churches, or when the State Attorney suggested they use a peaceful civil rights rally as an opportunity for a K9 exercise. So what I do is, I get the e-mails and the documents from those organizations that expose their unsavory conduct. In addition to that, just recently, for example, I also work with government agencies. I did a seminar just a few weeks ago for 9 or 10 local agencies up in Levy County. There were a couple of sheriffs that were there. There were a number of -- they were primarily law enforcement agencies. So I was asked -- this is the second time I have done this. I was asked to go up there and visit with them about my experiences as an advocate for open government, primarily trying to describe to them about how I think they should behave in a way that would help them avoid public records litigation. So I try to help them avoid litigation. WESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 12 1 In addition to that, they wanted my perspective 2 on the best way for law enforcement to interact with 3 activists. The first time I went up there was during 4 the kerfuffle that was going on in Ferguson when a lot 5 of local agencies were concerned they might have similar 6 situations going on in their jurisdictions. They asked 7 me to come and talk to them about -- I think the way 8 they put it was, "Tell us how not to be on YouTube." 9 I also work loosely with organizations that are 10 -- what I would describe as first amendment type 11 organizations, Photography is Not a Crime, for example. 12 I have helped them a number of times to try to get 13 access to public records. 14 Q. How did you become involved in or find yourself 15 having an expertise in public records requests? 16 A. Back in 2007, I made a public records request. I 17 had been reading in the newspaper every year in Florida, 18 now it's a national observation, what they call Sunshine 19 Week. It's scheduled to coordinate loosely with the 20 birthday of James Madison, who was widely regarded as 21 the father of open government in the United States. 22 And every year, or most years, various members of the 23 Florida Newspaper Editors Association, newspapers around 24 the state, would write editorials or articles about open 25 government, the importance of open government. And one ESQUIRE 800.211. DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 13 1 of the things they very often would do in coordination 2 with the Florida First Amendment Foundation, which I'm a 3 member of, they would send out reporters incognito. So 4 for example, they might send a reporter from Lakeland 5 down to Sarasota, or from Miami to Tampa, to make public 6 records requests. Then they would write stories about 7 how they were treated, did they get access to the 8 records the way they were supposed to. I was intrigued 9 by that. I'd read those articles over a periods of 10 years. And just out of sheer curiosity, I decided to go 11 down to Bartow, which is our county seat, and I visited 12 four or five different agencies and made public records 13 requests. 14 I knew nothing about public records law. It was 15 frightening how little I knew. All I knew is what 16 little I'd gleaned from reading newspaper articles. The 17 agencies I went to, they all gave me the records, and it 18 seemed to be sort of a nonevent until I went to the Polk 19 County School Board. When I went to the Polk County 20 School Board, the first thing they did was demand that I 21 had to sign in. And they demanded that I had to 22 disclose other personal information. They said I had to 23 make my public records request in writing. They wanted 24 to know why I wanted the records. And I didn't know 25 very much, but I knew they weren't supposed to do that ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 14 1 So I ended up leaving empty handed, and I went straight 2 from -- foolishly, straight from their offices to the 3 State Attorney's Office, thinking the State Attorney 4 would do something about it. 5 The State Attorney's Office, they were very nice, 6 but didn't seem very interested. But they did make a 7 phone call to the school board and basically told them 8 they had to give me the records, which they did. And so 9 I was curious, because behind the front desk in the 10 lobby is a seal that says "Knowledge is Power," which 11 sort of seems to go hand-in-hand with the concept of 12 transparency in government and access to public records. 13 So I was curious as to why they had done what 14 they did as far as making these unlawful demands that I 15 disclose personal information and make the request in 16 writing, et cetera. So I scheduled a meeting with the 17 -- at the time, a woman by the name of Gale McKenzie, 18 who was the Superintendent of Polk County School Direct. 19 She's not here anymore. And a couple of weeks later, I 20 met with her. In that meeting, she had two attorneys in 21 attendance, both of whom I know socially. And she 22 proceeded to tell me that my experience was -- and I'm 23 using her word, "non -normative." 24 And I was trying to understand, and I couldn't 25 come up with any other options here. Either it was ESQUIRE 800.211.DEPO (3376) EsquireSolutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 15 1 deliberate, their violation of the Public Records Act, 2 or it was done out of ignorance, which I found both of 3 those to be troubling. They are a government entity and 4 they know the law. Or if they don't know the law, 5 they're an educational institution and they assert that 6 knowledge is power. I just wanted to know why it went 7 that way. 8 So she just assured me that I got them on a bad 9 day, it's not the way they normally do business. So we 10 left it at that. That was February or March of 2007. 11 So I waited a year. And in -- I guess it was about 12 March of 2008. I tried to think of the most offensive, 13 invasive thing that I could ask for that I was pretty 14 confident they wouldn't want to let me have. So I went 15 back down there and made a public records request for 16 the health insurance enrollment information for all of 17 their employees and all of their dependants, which at 18 the time, was nonexempt and subject to disclosure. And 19 they told me they wouldn't let me have the records, and 20 they sent me an e-mail, this e-mail had all of these 21 statutory citations and I didn't really understand what 22 those were, but I took it upon myself to read those 23 statutory citations, and not one of them had anything to 24 do with public records, much less any kind of an 25 exemption. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 16 1 So they wouldn't let me have the records. So at 2 the time, I had the resources economically to do it. So 3 I hired an attorney and sued them. And spent -- I 4 probably racked up about $50,000 in legal fees, and 5 wrote tens of thousands of dollars of checks to get 6 access to those records. When we finally went to court, 7 the judge asked them for their defense, and their 8 attorney, sort of meekly, said, "Your Honor, we don't 9 have a defense." And I think this is an exact quote. 10 "Your Honor, we don't have a defense. We just didn't 11 want to give him the records." 12 I was blown away by that. It was shocking to me. 13 It was the only time I've ever heard a judge use 14 profanity on the record. His response was, "Why the 15 hell are we here?" That was an eye opening experience 16 for me to realize there are people in power who will 17 willfully, deliberately break the law just because they 18 want to. They don't have any good reason for doing it. 19 They just don't want to. As it turns out, I got this 20 information as a result of the whole series of public 21 records requests I made at the Polk County School 22 District. The reason they didn't want me to have it was 23 because they were selling it. They were selling the 24 same information to credit card companies, to financial 25 planning companies, to insurance companies. In fact, ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 17 1 one of the school board members who had opposed me 2 getting the records had bought the same exact 3 information and used it in his political campaign to 4 become a school board member. 5 I ended up getting my legal fees back, and 6 frankly, it was a little bit like playing blackjack. I 7 decided double down, let's go again. So I made the same 8 exact request to every school district in the state, and 9 most of them gave me the middle finger. They just 10 wouldn't let me have the records. So I sued ten more, 11 and I won all of those. And then I made a public 12 records request -- this is probably one of the most eye 13 opening experiences I've ever had as an advocate. I 14 made a public records request to every school district 15 for any records they had referring to my public records 16 request. And to and behold, what I got was -- I think 17 it was Madison County, who I did not sue, and who had 18 given me the records in the first place. What I got 19 from them were thousands of communications between 20 school board attorneys. There was an organization I had 21 never even heard of, the Florida Association of School 22 Board Attorneys. And they had this list serve where 23 they kept talking to each other. And there were school 24 board attorneys saying, yes, we have the records, but 25 we're not going to give them to him. And they were ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 18 1 engaged in a criminal conspiracy. You had attorneys 2 saying, well, we're going to tell him that we don't have 3 the records. Another attorney would say, well, we are 4 going to tell him that the records only exist in a hard 5 copy, so it will cost him a lot of money to get those 6 copies. Then there were other attorneys saying, well, 7 we're going to tell them that they are just 8 inaccessible. 9 1 To their credit, there were some school board 10 attorneys who came right and said, what you -all are 11 doing is illegal, that you may not like it, but he's 12 entitled to the records and you've got to give them up. 13 Those e-mail threads lead to the criminal prosecution 14 and conviction of the Polk County School Board's General 15 Counsel for criminal violation of the Public Records 16 1 Act. 17 That was a really eye opening experience for me 18 to realize that there were public officials, people 19 being paid to follow the law and do what is in the best 20 interest of their constituents, who were very willing to 21 break the law. It was deliberate. It wasn't 22 incidental. It wasn't, golly gee, we don't know what 23 we're doing. These are guys who went to law school, who 24 passed the Florida Bar, who apparently are supposed to 25 know the law, but just decided they where going to break ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 19 1 it. So that is sort of where I got started. 2 From there, I started making other requests for 3 other things, and realized the power of public records 4 access. I filed with legal counsel, I don't know how 5 many, a few dozen lawsuits, and won all of them. And I 6 was very, very fortunate. The law firm that I first 7 hired, Thomas & LaCicero, who's still my principal legal 8 representation, are, in my opinion. The preeminent open 9 government litigators in the state of Florida. In fact, 10 Greg Thomas, who is their senior partner, is the 11 gentleman who has litigated many of the landmark public 12 records cases in Florida. They are regularly used as 13 citations by both sides. 14 He was very patient, very kind, and eventually 15 suggested that I might find it educational to file a 16 lawsuit pro se, which I did. And I have since then, 17 both with legal counsel and as a pro se litigant, filed 18 hundreds of public records lawsuits. Recently, just a 19 few days ago, I was doing some research that required me 20 to go to the Polk County Clerk of Courts web portal. 21 And I think I saw that I had filed just in Polk County, 22 I think 80 or 90 public records lawsuits. And of course 23 I file public records lawsuits all over the state. I 24 lost count of exactly how many there have been. My last 25 calculation, 99.6 percent of them had either been ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 20 1 adjudicated in my favor by the court or had been settled 2 in favor of access, meaning that the records were 3 ultimately produced and the offending agency agreed to 4 take some sort of remedial action to correct the 5 problem. 6 So I guess my knowledge about open government 7 litigation is sort of the school of hard knocks, figured 8 it out. By the way, I do not only do -- I do my own 9 public records litigation, although right now I don't 10 think -- I think I have 30, a little over 30 pending 11 public records cases that are still ongoing. Only three 12 of those were with legal representation. But I also, in 13 addition to doing public records litigation, I also get 14 contacted from time to time by state agencies asking me 15 to consult with them, with their legal counsel, on 16 either how to improve public access, or strategies on 17 how to defend against public records lawsuits. I did 18 one not long ago with the Department of Economic 19 Opportunity. They had a fee hearing and I was helping 20 them prepare for a fee hearing. And I think they were 21 successful in getting their fees reduced by about 22 $50,000, although they wouldn't have paid a penny if 23 they obeyed the law in the first place. 24 Q. So you said you filed about 80 or 90 in Polk 25 County since 2007, would you say? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 21 1 A. My first public records lawsuit was in 2008 2 against Polk County School Board. 3 Q. So from 2008 to present, how many, in total, 4 would you say you personally have filed? 5 A. As a plaintiff, you mean? 6 Q. Correct. 7 A. Both with and without counsel? 8 Q. Correct. 9 A. I could only estimate. I would say -- I would be 10 shocked if it's not well over 300. I don't think it's 11 400 yet, yet. 12 Q. So approximately 300 public records cases? 13 A. If somebody -- I have never bothered to do this. 14 If somebody got on LexisNexis and figured it out and 15 told me there were 350, that would not surprise me. 16 Q. Now, prior to 2007 when you started making these 17 public records requests, what were you doing? 18 A. I had spent about 20 years as a copy machine 19 salesman. About 11 years of that -- about 2 years as a 20 salesman, then about 8 or 9 years in management. I 21 worked for a couple of different multinationals. And 22 then I decided to quit, and I started consulting with 23 office equipment dealers, people that sell copy 24 machines, all over the United States. I had clients in 25 probably 25 different states. Essentially what I would ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 22 1 do is, I would do research in their particular market, 2 identify their competitors' most vulnerable accounts, 3 and sell to them a database that they could use to 4 basically take accounts away from their competitors. 5 The office equipment business is a very predatory 6 business, extraordinarily so. It's very rare that 7 somebody goes out and sells a business their first copy 8 machine. You are taking an account away from somebody 9 else. That's how it works. 10 Ironically, I was using public records to do 11 that. I didn't think of them that way. In fact, that 12 was one of the first abuses that I experienced, but 13 didn't realize I was being abused. It was a state 14 contractor who operates the UCC program for the State of 15 Florida, Universal Commercial Code for the State of 16 Florida. They catalog them, manage them, and provide 17 access to them. I went to -- this is just one example 18 of why what I do, I think, is important. 19 I went to the state archives and wanted to get 20 these records. I was shocked they let me have them. I 21 didn't know that the public could even get those things. 22 And the guy at the state archives, when I asked him how 23 much it would cost, he told me he was going to charge me 24 $50 a CD, and there were I don't know how many CDs, but 25 there were going to be thousands and tens of thousands ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 23 1 of dollars to get this stuff, and didn't have that kind 2 of money. And subsequent to that meeting, the State 3 hired this private company, Image API, to manage this 4 for them. So this is a for-profit company that is doing 5 it. When I quit working for somebody else and went to 6 work with my own consulting business, which was just me. 7 It wasn't even a corporation. I contacted Image API to 8 get these records and they charged me thousands and 9 thousands and thousands of dollars, of which I paid. 10 And years later, sometime after 2008 when I started to 11 have a clue about public records access, I went back and 12 looked at it, and sure enough, they had screwed me. 13 They had overcharged me by about $4,000. So I sued 14 them. I think they ended up paying $12,000 of my legal 15 fees and they refunded the $4,000 they had stolen from 16 me. 17 And this happens all the time. That is one of 18 the most common mechanisms used by public entities, both 19 public -operated agencies and those that operate on their 20 behalf, like Image API, to frustrate access. They use 21 it as a profit center, or they use confiscatory fees in 22 an effort to try to frustrate access. 23 So anyway, I had a consulting business, which I 24 lost interest in sometime after 2008. I was still doing 25 that when I started the public records -- my first ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 24 1 public records request. And the more access I got to 2 records and the more experiences I had where I was being 3 frustrated in my access to records, that's when I 4 started doing more and more litigation, and then I began 5 to sort of reevaluate my view of the world as far as how 6 poor minority people are being treated, and realized 7 that they desperately need access to public records. So 8 I basically quit my consulting gig and started on this. 9 Q. Now, of the public records requests that you have 10 or the lawsuits that you have filed where you have been 11 represented by counsel, related to public records 12 requests, what law firms have you used or attorneys? 13 A. I'm sorry. Say that again. 14 Q. For the lawsuits that you've filed with respect 15 to the public records request where you have been 16 represented by counsel, which law firms would you say 17 you've used? 18 A. I don't know that I could give you a full 19 accounting of that off the top of my head because there 20 have been quite a number. Thomas and LaCicero would be 21 my principal law firm. The O'Boyle Law Firm represented 22 me in a few cases. A guy by the name of John McKnight 23 represented me in a few cases. There was a law firm 24 here locally, Pinkett &Pinkett, that represented me in a 25 few -- I say a few, probably a dozen or so cases. Who ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 25 1 else? A guy by the name of Eric Abrahams down in South 2 Florida represented me in one or two cases. Nathan 3 Carney is representing me in three cases presently. 4 Matt Weidner represented me briefly in a few cases. He 5 has since changed the nature of his practice, so I'm 6 taking three of those back to do pro se. There may have 7 been others. That is not a definitive list. 8 Q. But you say the majority of the cases that you 9 did have counsel was with Thomas and LaCicero? 10 A. I don't know if a majority would be the right way 11 to put it. The most interesting cases have been with 12 Thomas & LaCicero. A lot of the more run of the mill 13 stuff, you know, it's not real complex, and frankly 14 doesn't take a great legal mind to do, numerically, I 15 couldn't tell you. I'm sure by this point, the vast 16 majority of the cases that I have litigated I have done 17 pro se. 18 Q. Do you know the Plaintiff in this matter, Martin 19 O'Boyle? 20 A. I do. 21 Q. How did you come to meet Mr. O'Boyle? 22 A. Sometime in 2013, I want to say it was earlier in 23 the year, I got a phone call or e-mail from Barbara 24 Peterson, who is the President of the Florida First 25 Amendment Foundation, who I would describe as a ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 26 1 colleague and a personal friend. She contacted me 2 saying she was going to have a meeting with a guy named 3 Marty O'Boyle down in South Florida. She was going to 4 meet for breakfast or coffee or something, and that he 5 had expressed a real interest in open government 6 advocacy, and she thought if I was available, it might 7 be worth taking time to meet with her and him. 8 So I drove down to West Palm Beach, and we met at 9 -- I think it was a Holiday Inn near the West Palm Beach 10 Airport, as I recall. It was sort of a nonevent. We 11 clicked. It was very friendly, cordial conversation. 12 It wasn't really substantive. It was just sort of 13 public records, open government issues generally. That 14 was the first time I had ever had any contract with him. 15 It was a very pleasant meeting. 16 Q. 2013? 17 A. Early part of 2013, as I recall. I can't say 18 that definitively. 19 Q. Was there -- just so I'm clear, just general open 20 government discussions that occurred at that meeting? 21 A. Yes. I don't remember any of the particulars 22 about the topics of conversation other than I'm 23 confident that it was just general discussions about 24 open government. There was no particular agenda. 25 Q. Do you recall if there was any discussion about, ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 1 I guess, prior open government February 24, 2016 27 2 MR. DESOUZA: Josh, I hate to do this, but I have 3 to have you speak up. I can hear you, then towards to 4 end of the sentence I can't hear you. It's probably 5 because you're looking at Mr. Chandler when you're 6 asking the question. 7 MR. GOLDSTEIN: Or looking at my notes. 8 BY MR. GOLDSTEIN: 9 Q. The question I started asking, was there any 10 discussion about prior experiences in making public 11 records requests or comparison of notes of prior 12 experiences in making public records requests? 13 A. It wouldn't surprise me if that was part of what 14 was discussed. I don't really remember. I just 15 remember it being a very cordial meeting, and my sense 16 when I left -- and I think Barbara and I may have 17 communicated afterwards either by e-mail or phone, we do 18 both, was that -- I came away from it with kind of a 19 sense that here's a guy who apparently has some means, 20 and seems very earnest about open government issues, 21 seems really passionate about open government issues. 22 She operates a nonprofit. And my advocacy for open 23 government and for civil rights generally has been an 24 economic disaster for me personally. So it was -- the 25 sense I came away with was here's somebody who might ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 28 actually be, at some point, a benefactor, I guess, might be the right word, somebody who seems they are serious about it who actually has some resources. So many people that I deal with -- and I get contacted all the time. I get contacted by reporters a lot asking for help on open government issues, and also looking for stories. I very regularly source for reporters around the state of Florida and nationally for various stories, and I don't get compensated for that, and that's fine. I get contacted by citizens, very often, who are getting frustrated by access to records. They don't have any money. Most of my advocacy work is done with poor minority people, who by definition, don't have any resources. I get contacted sometimes by government agencies, examples I've given you earlier, sheriff's offices -- even the Sheriff's Office here in Polk County, which I have had a fairly adversarial relationship with, I have been contacted by them to consult on public records issues. I don't get paid for any that. So most of the people that I deal with, most of the people that contact me, don't have a pot to piss in. So it certainly, you know, was notable in my mind that I was actually talking to somebody who seemed passionate ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 29 1 about the issue, who actually had resources. That was 2 interesting to me. Neither one of us -- at least 3 nothing was communicated between us, me and Barbara, 4 that we didn't have any nefarious plans to try to get 5 his money. But it was like okay, that's kind of cool. 6 Most people that contact her and most of the people that 7 contact me bring nothing to the table other than hey, 8 can you help me? Which I'm happy to do. But it was 9 very notable that we were dealing with somebody who 10 seemed passionate and had means. 11 But just to be clear, there was never any -- it 12 was a purely social event. Marty bought breakfast. I 13 remember I had coffee and pancakes and he had oatmeal. 14 But that was the -- there was no compensation. There 15 was no promise of money. It wasn't like he was offering 16 to be a benefactor. He just seemed interested and 17 interesting. 18 Q. Was there anyone else at that meeting besides the 19 people you have mentioned? 20 A. No; just the three of us. 21 Q. Do you recall if there is any discussion 22 regarding public records requests that were sent to the 23 City of Longport in New Jersey during that meeting? 24 A. Don't recall. 25 Q. At this early 2013, were you aware of the Town of ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 30 Gulf Stream? Had you heard of the Town of Gulf Stream? A. I can't say I never heard of it. I don't -- it had no special meaning to me. I mean, it's very possible by 2013, I would be surprised if I had not, at some point, made a public records request to Gulf Stream by that point. There are 412 municipalities in Florida, and I have probably made public records requests to every single one of them multiple times. I'm sure there is a government agency some place in Florida that I haven't found yet, yet. But, you know, so I don't know. Like I said, it had no more special meaning to me than Nakomis or Mulberry or any other town in Florida. Q. Following that meeting, did you ever meet with Mr. O'Boyle again? A. Yes, many times. Q. When would you say your next meeting with Mr. O'Boyle was? A. I don't know if it was weeks or months, but sometime following that meeting with Barbara and with Marty, I was contacted -- I believe it was by Ryan Witmer, who was working for the Commerce Group, which is the company that Marty owns. I'm pretty sure it was Ryan that contacted me and said they had some public records issues they were working on, and would I be willing to come down to Deerfield Beach and meet with ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 31 1 them to discuss open government issues, to consult with 2 their attorneys -- not with Marty, but with Bill Ring, 3 who was the attorney. And Ryan, at the time, as I 4 recall, had passed the Bar in New York and had passed 5 the Bar in Florida. I think he was still waiting to get 6 his law license. I'm not sure of that, but I think that 7 1 was the case. 8 So anyway, at their invitation, and they were 9 very insistent that they would cover my cost of going 10 down there and paying me to go down there. I have 11 mouths to feed, so I was happy to do it. It wasn't a 12 lot. I think it was -- I don't know. I want to say it 13 was $25 an hour or something. My total thing going down 14 there was like 600 bucks or something. So I went down 15 there, and met with Bill Ring. It was the first time I 16 met Bill Ring, first time I met Ryan in person, was a 17 lovely guy. And Marty was there. And I remember it 18 would have been in April because they were right in the 19 middle of doing a bunch of tax stuff. So that timeline 20 makes sense to me. It would have been in April because 21 I remember there were gobs and gobs and gobs of tax 22 documents spread out all over their conference table. 23 So that would have been a few weeks -- a month or so 24 after I met with Barbara and Marty for the first time. 25 So it would have been early 2013. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 32 I think I just went down there -- I don't think I spent the night. I think I just went down there for the day. No. I take that back. I did spend the night. I spent the night at Marty's house, because after that meeting, which I remember vividly, because the highlight of the meeting was a hot pastrami sandwich that I got. It was amazing, the best pastrami sandwich I had ever eaten. They ordered in for lunch. Q. Pickle Barrel? A. That may have been it. It was very good, the second best. The best place is down in Miami, Stevens. Have you ever been to Stevens? Q. No. A. Pastrami, out of this world how good it is. MR. SWEETAPPLE: I'm getting hungry now. A. But we had a delightful -- we had a really nice dinner. Marty took Ryan and me to a very nice restaurant in -- I don't know, Delray or some place, had a lovely meal. I remember I had risotto. Q. This was April of 2013? A. Yes. It would have been -- I'm guessing, I'm guessing it would have been 14, 15. Q. Don't want to guess. So if you recall... A. My recollection is -- I'm certain about the tax stuff going on. Marty kept popping in. He was not in ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 33 1 the meeting the whole time. He kept popping in ad out 2 because he had tax stuff to do. The nature of the 3 meeting was they had a bunch of public records requests 4 that had been made to the State Attorney's Office. And 5 they were -- "they," being the attorney and Ryan, his 6 paralegal, I guess -- were contemplating filing a public 7 records lawsuit or a number of public records lawsuits. 8 So essentially, what they were asking me to do was to 9 review the requests that were made and the responses, 10 the facts of these potential cases, and give them my 11 candid assessment of whether or not they were worthy of 12 litigation. And my assessment was in every instance was 13 they were not. They shouldn't file suit. 14 Q. At the time, were you aware of the facts 15 surrounding the basis for the public records request 16 sent to the State Attorney's Office? 17 A. I don't think that I was, and frankly, I didn't 18 really care. It wouldn't make any difference to me. 19 Motivation doesn't matter. I know that a lot of people 20 get hung up on that. It just doesn't matter. I found 21 out at some point, some of the vague facts. I know 22 there had been some issue -- I think his daughter had 23 been arrested on a DU I or something. I don't know all 24 of the details. Even now I don't know all of the 25 details. I know he had some sort of ongoing ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 34 1 disagreement with Dave Aronburg who, I guess, was the 2 state attorney at the time. I don't know if he still 3 is. But I didn't really care. One of the things that I 4 think I've been pretty consistent in my civil rights 5 career, I don't care what somebody's motivation is. It 6 doesn't matter to me. I suppose if I found out there 7 was an organization of pedophiles that might want my 8 help with public records access, I probably wouldn't be 9 too interested in helping them. But I worked with, like 10 I mentioned, the Council on Islamic -American Relations. 11 I'm not a Muslim. I have no interest in whatever it is 12 they're doing. But if they need help getting access to 13 records, I'm happy to help them do that. I have worked 14 with the Atheists of Florida. I've worked with the 15 ACLU. I've worked with people who are interested in 16 getting records because they are advocates for 17 preventing cruelty to animals. It doesn't matter why 18 somebody wants access to records. I don't think it was 19 really an issue. 20 Q. But you would agree of those organizations you 21 previously listed and just listed, typically when they 22 are making a public records request, they have a 23 specific interest in the actual information they are 24 seeking, as opposed to just seeking benign or just 25 general information? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 35 1 A. No. I wouldn't agree with that. 2 Q. So you're saying that the Islamic foundation 3 would just make a public records request for any type of 4 information regardless of whatever their objective is? 5 MR. DESOUZA: Objection. 6 A. I would make the distinction between objective 7 and motivation. And it's a nuance, but very significant 8 distinction. I very frequently, when people contact me 9 asking for help, and I say people euphemistically, 10 organizations, people, whoever, when I'm contacted for 11 help, I don't condition my willingness to help on their 12 motivations. But I very frequently ask them what the 13 objective is, because that very often has something to 14 do with how, if I were similarly situated, how I would 15 make the request. 16 I very frequently, and I'm sure this is true of 17 many of the people I have worked with, make requests for 18 records because I have a very specific objective for 19 getting the records. There is a reason why I want them. 20 But there are also times when I have made public records 21 requests, and I think this is probably true of some of 22 the people who I have helped over the years, who are 23 making the requests for no other reason than sheer 24 curiosity. The first public records request I ever 25 made, I couldn't care less about the records. That ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 36 1 wasn't the issue. I went down to Bartow and went to 2 those four or five public agencies. I wanted to see 3 what would happen. Again, motivation's an impermissible 4 issue in the context of public records access. It's 5 something that the custodian can't consider. The courts 6 can't consider it. It's irrelevant. I wouldn't agree 7 with your assessment at all. I think sometimes people 8 make requests because they really need the records for a 9 particular reason. I think other times they make the 10 request because they want to see what is going to 11 happen. 12 I don't know. Maybe they want to use it to paper 13 their walls with. I don't know. It doesn't matter. 14 That's the beauty of it. The problem with allowing 15 people to take into consideration motivations -- and 16 this is true, by the way, not just in a disparity of 17 views between people like me and the establishment, but 18 it's also between people like me and other people like 19 me. I have recently had a conversation with somebody 20 who's done a fair amount of open government litigation, 21 and has been successful at it, and they were taking a 22 very condescending view of anybody who makes a public 23 records request, quote, "just because they can." And my 24 response to that is that's morally, logically, and 25 legally the equivalent of saying that Rosa Parks didn't ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 37 1 really want to go anywhere on a bus. Or that's like 2 saying that four black men walked into a Woolworth's in 3 Greensboro, North Carolina in 1960 and weren't really 4 hungry. That is not the point. See what I mean? 5 Q. Sort of. 6 A. Motivation -- what I'm getting at is even among 7 activists, it's surprising to me how quick some 8 activists are to dismiss the motivations and objectives 9 of other activists. Because they aren't important to 10 me, then they are not important. But the reality is my 11 rights are no more secure than your rights are. And 12 that's a fundamental principal of civil rights activism 13 generally. Whether in the context of open government or 14 otherwise, besides my world life view, which dictates 15 that I care about how other people are being treated, I 16 ought to be aware enough of my own self interest. 17 The reason I don't want the police to use attack 18 dogs on peaceful civil rights protestors is I don't want 19 them using them on me. See what I mean? And the same 20 thing is true with access to public records. If 21 somebody doesn't like the reason that Marty O'Boyle is 22 making public records requests, again, my response is it 23 doesn't matter, his motivation. Now, we can talk about 24 a whole lot of other issues that I've got with Marty 25 O'Boyle, but that ain't one of them. If somebody wants ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 38 1 to make a public records request because they are pissed 2 off at some town, or pissed off at some public official, 3 they have the right to do that. The dangers is once you 4 start scrutinizing why someone is making the request, 5 then I think you get to a slippery slope that inevitably 6 leads to a place where you're going to say, well, I 7 don't like your reasons for doing it. Mine's okay, but 8 yours isn't. As soon as you do that, my right to do it 9 is in jeopardy. 10 So again, I am confident that I, in no way, with 11 Marty or anybody, said, "I want to know why you're doing 12 it before I come help you." 13 Q. But you would inquire as to their objective? 14 A. Yes, absolutely, what is the end game? What are 15 we trying to do here? What are we trying to get at? 16 Q. So when you met with Ryan Witmer, Bill Ring, back 17 in April of 2013, did you inquire what their objective 18 was in terms of their public records request on the 19 state attorney's office? 20 A. I may have. I don't recall. It wouldn't 21 surprise me -- well, frankly I would be surprised if I 22 didn't ask that question. 23 Q. So would you be okay in, I guess, advocating 24 public records requests where the objective is purely 25 just to harass the town, or to harass the state ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 39 1 attorney, or harass whatever entity the records requests 2 are being sent to? 3 MR. DESOUZA: Objection, form. 4 A. That would be a little bit like asking me if I 5 had a problem with the Immokalee farm workers protesting 6 out in front of Publix; why are they doing it? Well, I 7 suppose part of the reason they're doing it is probably 8 to raise public awareness about Publix being too damn 9 cheap to be willing to pay a penny a pound more so poor 10 farm workers can actually try to feed their children. 11 I suppose, depending on your perspective, you 12 might say they're trying do it to try to harass Publix. 13 If they are not breaking the law, they're not engaged in 14 violence, they are not blocking public thoroughfares, 15 they're not in some other way violating some 16 constitutionally sounds statute, I wouldn't call it 17 harassment. Now, if I was a stockholder in Publix, I 18 might feel like I was being very much harassed. But I 19 guess harassment is in the eye of the beholder. 20 And again, if you were to ask me if that's a 21 prudent approach, to pound some little town with gobs 22 and gobs and gobs of public records requests, no. I 23 think that is really imprudent. And when I ultimately 24 went to work for the Citizens Awareness Foundation, one 25 of the conditions of my employment was there can't be ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 40 1 any enemies lists. But that has nothing to do with 2 whether or not I think somebody has the right to make a 3 bunch of public records requests to a little town. I 4 wouldn't do it, not on the scale that I think it has 5 been done. 6 But having said that, just to kind of give you a 7 different -- this is sort of the fable of three blind 8 men describing an elephant. Everybody comes away with a 9 very different perspective depending on what part of the 10 elephant you're touching. 11 So I recently had a lawsuit against this little 12 town in Polk County. I made a public records request 13 because I wanted their -- for a very particular reason, 14 I wanted -- I had a very definite objective and a very 15 sound motivation. I wanted to know if the City 16 Commissioners were having conversations they weren't 17 supposed to be having. Because every time I went to one 18 of these public meetings, it was amazing how incredibly 19 efficient they were at making decisions. It was as 20 though they had already talked about it. They would 21 walk in, and make a decision to enter into a 22 multi -million -dollar contract, have two minutes of 23 discussion, and they would do it. This was a little, 24 tiny town. 25 I I just wanted all of the e-mails of the city ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 41 commissioners from their city e-mail address. And the town came back and told me it was going to cost, I don't know, like $2,000 or something for each of the city It was going to cost me like $20,000 to get these e-mails. Well, okay. So what I ended up doing was breaking it down. If you want to take -- this is a real simple public records request. They shouldn't be talking about anything they're not supposed to be talking about. There shouldn't be anything exempt or confidential in there. So what I ended up doing, because I didn't have the money to pay $20,000 to get a bunch of e-mails. I made a separate public records request for each of the city commissioners per day. I want all of the e-mail addresses for this city commissioners on January 1st, 2015, and same for each one of them. And I did that for I think about 100 days. And it wasn't that I was trying to harass the town. It was they were putting me in a position where they weren't giving me the records. They were records I was entitled to. They weren't records that would have taken any significant amount of time to gather. There shouldn't have been anything exempt or confidential in there. Now, they, I'm sure, would take the position that O ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 42 I was harassing them. I wasn't harassing them. I was breaking it down and making small public records requests that would fall under 15 minutes so I could get the records at little or no cost. And by the way, when they finally produced all of them, not one of them had a redaction in it, nothing was redacted because there wasn't anything exempt or confidential. But they jacked me around. So some people would say that's harassment. That's not harassment. They're skirting the law. They are trying to block my access to records based on cost. So again, harassment is in the eye of the beholder. Q. So in April 2013, how long would you say you were down there assisting Witmer and Ring? A. I think I was down there for a day, as I recall. And I think maybe what I did was went down the night before, and we went to dinner. Maybe that's the way it worked. Then the next day was a full day in the office. I think that was it. I went down on a Sunday evening, and then we had dinner in Delray, Marty, Ryan, and myself. And then the next day was with Bill Ring, had that delicious sandwich, and drove home. Marty was very hospitable. He offered to put me up in a hotel or let me stay at his house, and I opted to stay in his very nice home. ESQUIRE 800.211. DEPO (3376) Esquire Solutions. corn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 43 Q. At the time of this meeting in April 2013, were you aware of any prior relationship or, I guess I'll call it relationship between Dave Aronberg and Mr. O'Boyle? A. Prior to going down there, I'm sure I didn't. My recollection is that after dinner, we went back to Marty's house, the three of us, Ryan, too. And pretty early in the evening, Marty excused himself and turned in for the night. And Ryan and I sat up and, at Marty's invitation, took advantage of his very well stocked bar. And we sat out by the pool, and he and I talked at length about the law, and about just law generally, and about civil rights issues in particular. He seemed pretty passionate about civil rights issues. And I think at that time -- we were out there until very late, early morning hours. And I think as I recall, he shared with me some of the details about Marty's issues with Aronberg. Q. Do you recall what those issues were? A. Just that he felt -- as I recall, that Marty felt his daughter had not been treated fairly. Q. You don't recall any additional discussion regarding whether or not there was a prior relationship between Mr. O'Boyle and Dave Aronberg? A. No. I think anything I learned about that ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 44 1 probably came from newspaper articles that I read 2 subsequent to that. 3 Q. Do you recall what you had read in the newspaper 4 articles? 5 A. The general recollection I have is that his 6 daughter had been charged with DUI, and that -- I don't 7 know any of the details of that at all, but just that 8 Marty came away from that feeling his daughter had not 9 been treated fairly, which wouldn't surprise me that 10 Marty would feel that way, and it wouldn't surprise me 11 that his daughter wasn't treated fairly, given my 12 experience with people on the abused end of law 13 enforcement. 14 There was some -- one of our newspaper articles I 15 read, there was some issue about Aronberg flying in 16 Marty's plane or something, and whether or not that was 17 a campaign contribution or something. And to the best 18 of my recollection, I don't think Marty and I have ever 19 discussed it, certainly none of the details about his 20 daughter. 21 Q. Just so I'm clear, you have no actual knowledge 22 as to the, I guess, facts surrounding the circumstances; 23 1 correct? 24 A. Don't know and, frankly, don't care. And just to 25 kind of give this a background from my perspective on ESQUIRE 800.211.DEPO (3376) T 1 0 N 5 EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 45 1 this, the Poor Minority Justice Association, for 2 example -- this, I think, may be helpful to you in 3 understanding why I would be so disinterested in the 4 facts. Before I went to work for Citizens Awareness 5 1 Foundation, I was, on a fairly regular basis, I would go 6 over to Winter Haven and to an African-American 7 ministry. His name is Clayton Cowhart. And he has a 8 radio show that his audience is largely poor 9 African-Americans. He asked me to be a guest on the 10 1 radio show. And the radio show went from 5:00 to 6:00 11 on a Thursday. At the end of the radio show, he said -- 12 it was a call-in radio show and people were calling in 13 with civil rights issues. He said just before he closed 14 out the radio broadcast, he said, Brother Chantler, is 15 what he called me, Brother Chantler is going to be at 16 the church at 6:15. If you've got an issue, you can 17 meet Brother Chantler over there. I had no idea that 18 1 was part of the agenda. 19 So I went over to his church, which is in a very 20 poor part of Polk County. And there were probably 50 21 people waiting for me. And they were all 22 African-American, maybe one or two Latinos; no Whites. 23 And I spent the next several hours talking to people. 24 Obviously I can't give legal advice, but they are 25 describing to me various issues they've got. And most ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 46 1 of them, the vast majority of them, they had a child, or 2 a spouse, or a loved one who was either in jail, in 3 prison, or being prosecuted. And for those folks, none 4 of them have private attorneys. All have public 5 defenders. And the common denominator that I got in 6 that first night over there was that the public 7 defenders were doing virtually no meaningful discovery 8 in these criminal prosecutors. So I spent every 9 Thursday night for the next nine months to a year going 10 over there, meeting with these people. And I can't give 11 them legal advice, but I can tell them if my kid was 12 being prosecuted, here is what I would be asking for. 13 If I had some dipshit attorney who wasn't doing his job 14 defending my child, and my kid was being prosecuted 15 because supposedly he dropped a bag of crack cocaine at 16 his feet as the officer turned the corner, the first 17 thing I would want to do is impeach the character of 18 those police officers. They are the only witnesses. So 19 I would help them get access to public records. 20 Some of those people that I helped -- and there 21 were a shocking number of them that ultimately ended up 22 being acquitted, because what we found out is the police 23 officers are very well documented liars in many 24 instances. You have a guy who, if you look at his IA 25 summary, and his internal affairs investigations, ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 47 everybody in town knows that he's a notorious liar, yet we are going to prosecute some kid on the word of this guy. And there were people who ended up being acquitted. There are some of the people that I'm sure were guilty as sin. There was one woman and her husband, they had an 18 -year-old boy who had been charged with first degree murder. And the more time I spent getting access to records and the more documents I saw, the more convinced I was that he was probably guilty. But I still sat with them around their kitchen table, and we still sat there and cried together trying to figure out a way to give him the best possible defense he could get. Him being guilty had nothing to do with it. I don't care. What I want is for him to be defended and to get his fair day in court. It doesn't matter to me what somebody's motivations are what or somebody's circumstances are. It's irrelevant. So I don't care whether Marty's daughter was fairly or unfairly treated by the State Attorney's Office. If Marty wants to make public records requests to the State Attorney's Office, I'm happy to do that. Q. After this meeting in April 2013, when was the next time you spoke with Mr. O'Boyle? A. I don't know. We communicated a little bit. I ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 48 1 do remember my wife and I went down to South Florida. I 2 don't even remember why we were down there, probably 3 some sort of civil rights meeting. And on the way back 4 up, Marty kind of left me an open invitation to stop by 5 and see him any time, so I called him, and my wife and I 6 stopped by at his office, and mainly so she could put a 7 face with the name. And we chatted at his office for a 8 little bit. He actually invited to take us to dinner, 9 but we wanted to hurry and get home. 10 There may have been -- I don't remember. There 11 may have been another meeting or two in there. I just 12 don't recall. But it was in very early January of 2014. 13 I got a very nice e-mail from Marty. And I don't know 14 if we -- we may have talked on the phone a time or two, 15 or probably exchanged e-mails a time or two from April 16 2013 until the January e-mail I'm talking about. 17 I think it was January 4th, 2014, I got this very 18 nice e-mail wishing me a Happy New Year. The e-mail 19 said something to the effect of, I hope 2014, you get 20 everything you deserve. And I remember thinking, I'm 21 not sure I want everything I deserve, but I very much 22 got the sense he wanted to talk. In fact, he said in 23 his e-mail that he wanted to schedule a visit. And then 24 it was some time after that, I ended up -- I think it 25 was January 22nd that I actually went down to meet with ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 49 1 I him. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. You believe it was the 22nd of January? A. I believe it was 22nd of January. MR. GOLDSTEIN: I will show you what we are going to mark as Exhibit 1, which appears to be a timeline, which was previously marked as Exhibit 1 to your 2004 examination. (Defendant's Exhibit No. 1 was marked for identification.) THE WITNESS: As a former copy machine salesman, I have to tell you, I'm very offended. BY MR. GOLDSTEIN: Q. Do you recognize this document? A. I can't authenticate it. It looks vaguely familiar. Q. Does it look like the timeline you may have created? A. It looks like it might be, but again, I can't -- without going through and doing a detailed comparison of what you've handed me with what I created, I couldn't tell you for sure whether it is or isn't. The quality, as you say, is very poor. Q. I recognize that. I believe you testified that you first -- that you got an e-mail early 2014 from Mr. O'Boyle wishing you a Happy New Year? E. ESQUIRE 800.211.DEPO (33 76) EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE A. Yes. February 24, 2016 50 Q. Was there any discussion regarding meeting with him, if you recall, during the course of that e-mail? A. Yes. As I recall, the e-mail was something to the effect of Happy New Year, I hope you get everything you deserve. And I couldn't tell whether it was a blessing or a curse. And something to the effect that -- I don't remember if it was that e-mail or a subsequent e-mail, but in very short order it was, "I would like to meet with you." It was sort of a, "Let me know if you're going to be down here," or something to that effect. I very much got the -- at that point, I very much had the impression that there was going to be some substance to whatever our meeting was going to be about. Q. So looking at what has been marked as Exhibit 1 in the first page, there is a notation that says, "Marty O'Boyle e-mail to Chandler, January 4, 2014, MEO, which you indicate is Mr. O'Boyle, invites Chandler to meeting to discuss what would later become known as Citizens Awareness Foundation." A. Yes, CAFI. Q. Is that accurate? A. That is my recollection, yes. Q. So this initial e-mail, there was some discussion ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 51 1 about trying to form -- to meet to discuss forming a 2 public records foundation? 3 A. Yes. The e-mail was not, hey, let's get together 4 to talk about forming a foundation. It was just Happy 5 New Year, hope you get everything you deserve. Let's 6 get together, was the gist of it. There was no 7 substance to it beyond that. My sense that there was 8 going to be some substance to the conversation was 9 purely my intuition. Now, it turns out that that 10 intuition was right. And it gave further credence or 11 substance to that intuition as a result of conversations 12 that I had with Jonathan O'Boyle, with Ryan Witmer, 13 which are notated on the second page of this. 14 I had a conversation with Ryan and Jonathan. I'm 15 sort of perpetually on the -- not anymore, but I used to 16 be sort of perpetually on the lookout for attorneys that 17 might be able to help me with public records litigation 18 or be attorneys I can refer to somebody for public 19 records litigation. Many of the contacts that I receive 20 from the public are asking for a referal to an attorney, 21 for which I get no compensation from either side. 22 So I've also been interested -- I'm not so 23 interested anymore, but at the time I was very 24 interested in cultivating relationships with potential 25 attorneys. Conversations I'd had in person with Ryan ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 52 and with Jonathan gave me the sense they were probably interested in that sort of thing. Then we had telephone conversations, and we had kind of, in very general terms, talked about maybe doing some work together, either me referring people to them, again, for no compensation, maybe them representing me in some cases, although I don't think I would have been terribly excited about that, because my experience, no offense to them, but with anybody -- you know, you graduate from law school, you pass the bar, you still don't know how to practice law. You don't even know how to file a You don't know where the lawsuit gets filed, much less how to draft one. I have already gone down that road more than once with recent law school graduates and it's not a pretty picture. I don't think I was that excited about them representing me, but -- in the course of our discussions, I remember saying to them that there's this plethora of open government litigation simply because there's so many violations of the Public Records Act. There are a lot less now today than there used to be, by the way. When I first started doing what I do, according to Barbara Peterson, about 60 percent of all public records requests were met with an unlawful response. I don't think it was quite that high. My experience was ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 53 it was closer to 50 percent. Today, with public operated entities like the Town of Gulf Stream, for example, violations only occur about 30 percent of the time. So there's been a very dramatic improvement in the response of publically operated agencies. When I started concentrating on state contractors whose contracts explicitly make them subject to the Public Records Act, i.e., 287.058, if you don't respond properly to public records requests, we can immediately and unilaterally terminate your multi -billion -dollar contract, where it just says it. The compliance rate was about 2 percent. Today it's probably closer to 50 percent. And I am confident that the reason we have had that improvement is education, which happens sometimes in a seminar -type setting, sometimes it happens one-on-one or consultative setting. But very often it's an education program that happens at the courthouse. But I was telling them that there is a lot of public records litigation out there. Only a tiny fraction of the cases that could be filed, get filed because most people don't have the resources to do it. And -- but I was saying to them in this conversation that -- in fact, I can remember where I was. It was on Hillsborough Avenue in Tampa standing outside of a Dunkin' Donuts when I had this conversation ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 54 with them that the best way to do this would not be individuals, but a nonprofit for a whole lot of reasons, as a client. And their response was something to the effect that well, you are really going to like the conversation you are going to have with Marty. So it was this sort of this sense that -- they didn't say it but, I got the impression that's kind of what Marty had in mind. And I was so convinced of that that in the week leading up to my meeting with Marty, I actually sat down, and gave some real thought to what I might ask for if I was given an opportunity to have that conversation with Marty, which I did have, ultimately. Q. What prompted you to call Ryan Witmer and Jonathan O'Boyle? A. I think they called me, if I'm not mistaken. MR. DESOUZA: Josh, mind if we take a 5 minute, 10 minute break? (Recess from 11:51 a.m. to 12:53 p.m.) BY MR. GOLDSTEIN: Q. We left off regarding your call with Jonathan O'Boyle and Ryan Witmer where you were discussing the public types of cases that this law firm could -- their new law firm could handle. What was the name of that law firm? A. At the time, I don't know that they even gave me ()ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 55 1 a name. It ultimately was the O'Boyle Law Firm. I 2 don't recall if we got into that on the telephone 3 conversation. 4 Q. Did you call them or they reached out to you? 5 A. I think they called me. 6 Q. Do you know where they were when they called you? 7 A. I don't know. 8 Q. Do you know if they were in the same room or if 9 they were on two different lines? 10 A. I don't know. 11 Q. Do you know Jonathan O'Boyle was in Florida when 12 you -- 13 A. Don't know. 14 Q. Now, in your discussions with them, it sounded 15 like they could basically set up shop and become an 16 exclusive public records law firm. That was what your 17 recollection of the discussion was? 18 A. No; not necessarily. I mentioned earlier that I 19 didn't remember how many times I had been down to see 20 Marty before the January meeting. There was at least 21 one other -- at least one other in-person visit, because 22 I remember having a conversation with Jonathan and Ryan 23 in person, and we were, again, taking advantage of 24 Marty's very well stocked bar, where we had talked about 25 not only open government litigation, but civil rights ESQUIRE 800.211.DEPO (33 76) Esquire Solutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 56 1 issues generally. And that conversation left me very 2 favorably disposed philosophically. They both seemed to 3 be very earnest about civil rights issues generally. So 4 the sense that I think I had in this conversation we had 5 in January of 2014 was that open government litigation 6 would have just been one part of their practice. But 7 that would have been the part that I would have been 8 talking to them about. But I don't think that it 9 necessarily was limited to just open government. 10 Q. To your knowledge, at that point in time, was the 11 O'Boyle Law Firm, had it been formed yet? 12 A. I don't know. 13 Q. Do you have any idea as to when the O'Boyle Law 14 Firm was created? 15 A. I don't know exactly. No. 16 Q. And you testified that -- you said, I guess, in 17 your discussions with them, that the best way to set 18 this up was to do it through a not-for-profit entity; is 19 that correct? 20 A. In my opinion, and that wasn't a legal opinion. 21 That was more political than anything else. I think 22 there are some real advantages to having a nonprofit 23 function as an advocacy organization for open government 24 for a whole lot of reasons. It makes it less personal. 25 And frankly, there are so many problems with having lots ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 57 1 of different plaintiffs. As I mentioned to you earlier, 2 I get contacted very regularly, if not daily, many times 3 a week, by citizens who have some hobbyhorse they are 4 riding that somehow they feel they need to get access to 5 public records. On a number of occasions, I have 6 referred those people to law firms. In fact, I referred 7 some to the O'Boyle Law Firm. I have referred to other 8 law firms as well. 9 One of the problems you run into -- and I say 10 this, I think, from the perspective more of the attorney 11 than anybody else. Plaintiffs are not always easy to 12 control. At the end of the day, the plaintiff is the 13 one in charge. They get to make the decisions. They 14 get to make the choices about settlement, and litigation 15 strategies, et cetera. If you have lots, and lots, and 16 lots of different plaintiffs, many of whom are very 17 passionate about a particular issue, I think very often 18 that clouds their judgment when it comes to how they 19 perceive the litigation. 20 And one of the advantages of having a nonprofit, 21 you would have more certainty from a legal side of 22 things. You would have more certainty about what you're 23 dealing with. For example, what I usually tell 24 attorneys that represent me, I'm usually willing to go 25 as far as they want to go. When they decide they want ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 58 1 to hang up the spurs and resolve the litigation, I'm 2 happy to do that, as long as we do it in a way that is 3 resolved in favor of access. If an attorney wants to 4 keep going, and they want to do The Full Monty, I'm 5 perfectly fine doing that. The problem you run into, 6 and I've seen this first hand, you get a plaintiff who 7 is upset about some issue with their local government, 8 and all they want is their pound of flesh. And they 9 want to keep going, and they want to duke it out, and 10 they don't have any conception of the risk that the 11 attorney is taking as far as costs, and lost billable 12 hours, et cetera. And I understand that from the 13 1 plaintiff's perspective, because there was a time where 14 I was a neophyte, and I suppose my very early public 15 records lawsuit, I probably was not the ideal client. 16 Let's go for the throat. I want my day in court. I 17 want to be vindicated. That would be very trying for a 18 law firm to have lots, and lots, and lots, and lots of 19 people who have bees in their bonnets, who don't really 20 understand the legal process. 21 If you had a principal client that was a 22 nonprofit that was being controlled by someone who 23 understands the legal process and understands that the 24 objective is to get the records, but ultimately it's 25 compliance. That's what we are really about; not being O ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 59 1 1 vindictive. That would have been a better solution than 2 having a whole bunch of different clients, although 3 there is something to be said for having more than one 4 client, certainly, but that was my rationale for that. 5 Q. Obviously, these law firms, or in particular, the 6 O'Boyle Law Firm, is getting paid a fee to provide these 7 services; correct? 8 A. In my experience, the vast majority of public 9 records litigation ends up being done on a contingency. 10 It is pretty rare -- especially when we are talking 11 about if the plaintiff is an individual. I think it is 12 very rare that you have somebody who is willing to step 13 up to the plate and say, "I will be on the hook for a 14 whole bunch of money." I did that early on because I 15 had the money to do it. There was a time where I could 16 write a $50,000 check. That's a very distant memory. 17 I think that in that respect, I was exceptional 18 as a client, early on. I had the means to do it, and I 19 was willing to do it. Most people simply don't have 20 that capacity. And because of that, most cases are 21 litigated on behalf of individuals on a contingency 22 basis, so the firm is taking a lot of risks; costs they 23 may never get back, and of course under 119.12, the 24 attorney fee provision, it's reasonable attorneys fees. 25 And as you probably know, one of the tactics that is ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 60 1 very often employed by public agencies who find 2 themselves in public records litigation, is even one 3 liability has been established, at least all of the 4 examples that I'm familiar with personally, the judge 5 will say, I'm going to award attorneys fees, but I'm 6 going to reserve jurisdiction over the amount of fees. 7 You guys go work it out. 8 The problem for the plaintiff is they're still 9 paying their attorney. And that money that they spend 10 paying their attorney to negotiate the fees is not 11 compensable. So for example, you might have run up 12 $50,000 in legal fees, but you might spend another 13 $25,000 wrangling over the amount of fees. So you are 14 faced with sort of this okay, maybe I will get my 50, 15 but I will spend 75 in the process of doing it. 16 So the -- I don't think it would be a fair -- I 17 wouldn't say that they are being paid to do it. They 18 may get paid at the end. But again, it really comes 19 down to what the court awards. 20 Q. Understood. But ultimately, they are taking it 21 on a contingency with the expectation that after looking 22 at the file, they are going to prevail -- in their 23 opinion, they are going to prevail, and therefore, be 24 able to get a fee based upon the statute? 25 A. Well, if I'm consulting with them, they will ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 1 1 prevail. February 24, 2016 61 2 MR. DESOUZA: Hold on, Joel. Objection to form. 3 Go ahead and answer. 4 A. I did. If I'm consulting with them, they will 5 win. And the reason that is, I won't be involved with a 6 case unless I'm confident of the facts. I don't care 7 about the motivations. I don't care what the objectives 8 are. Why somebody makes a request doesn't matter to me. 9 But I care very much about the quality of the facts. I 10 don't want to be involved with any public records 11 litigation at all unless I'm supremely confident that 12 it's going to prevail because bad facts make bad law. 13 I've been very fortunate. Most of the cases that 14 I've been involved with, the facts were very, very 15 clear, and thankfully, the judges were able to make the 16 right decision based on the case law. Unfortunately 17 that's not always the case. 18 BY MR. GOLDSTEIN: 19 Q. Understood. Following this conversation with 20 Jonathan O'Boyle and Ryan Witmer, did you have any 21 subsequent conversations with them in January 2014, 22 either verbally, by e-mail? 23 A. I can't say with certainty, but I think that was 24 probably the case. We probably did talk more than once. 25 Q. Do you have an idea of how many times? Was it 10 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE times? 5 times? February 24, 2016 62 A. I don't know. Q. Why don't you take a look at Page 2 of what was marked as Exhibit 1, and see if that helps refresh your recollection as to the number of times you may have spoken with them. A. It looks like according to this, which again, I cannot authenticate, one, two, three, four different communications with Ryan -- four or five, one, two, three, four. Q. So that refreshes your recollection as to the number of times you may have spoken with -- A. Well, again, I can't rely on this because I can't authenticate it. Based on what you've shown me in this exhibit, there are -- on this page, there appear to be four indications that there were e-mails exchanged between myself and Ryan Witmer. If I could authenticate this, then I would have some confidence in saying yes, that refreshes my memory, but it doesn't. Q. When was the next time you spoke with Mr. O'Boyle? A. I don't know. I would be reasonably confident that we must have talked, probably at least by phone, about my travel arrangements to come down there when we met on the 22nd. I actually, when I got down there to, C)ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 63 -- I guess it would have been in Delray. I went to a Panera Bread and called him, and was having difficulty reaching him on the phone, and ultimately went to his house. And he came to his house and met me there that night. And from there, he and I -- he said he wanted to talk to me individually, just the two of us. And that was the first time that he actually approached me about creation of the foundation, and me going to work for the foundation. And it was after that that he and I left his house and went to in Italian restaurant. I had chicken parmesan. It was really good -- or veal parmesan. And that's when I met Jonathan. I think I met him once before in person. The three of us had dinner, kind of talked about things. Q. That was in Florida? A. Yes, in Delray, I think. Q. And you said that was in -- when was it, January 22nd, 23rd? A. I believe it was January 22nd. That's my recollection. Q. 2014? A. Yes. Q. During that meeting, did Jonathan O'Boyle indicate what he was doing or where he was working? A. Yes. As I recall, he -- and I mean this in a ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 M 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 64 kind way. He was short of disheveled, looked like a guy who had just come back from working a really long day. He was commenting about getting the law practice up and going and he was staying very busy. Q. Did he mention where his office was or anything along those lines? A. I don't remember during that dinner if there was any discussion about that. I don't remember. Q. But he looked like he had been working on getting his law practice up and going? A. Yes. Q. So in all likelihood, given the fact that you were in Florida, that he was there trying to get his law practice up and going in Florida? Would you agree that's a fair statement? MR. DESOUZA: Object to form. A. You're asking me to speculate, in all fairness, they own planes, and he is a pilot. So who knows. My -- the context of that discussion was, yes, that he was this was getting the law practice up and running in Florida. That was my impression. I can't assert any certitude about that. That's a redundancy. I can't be certain about that. BY MR. GOLDSTEIN: Q. At that point in time, were you aware as to ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 65 1 whether or not Jonathan O'Boyle was admitted to practice 2 law in Florida? 3 A. Yes. I was -- it was my understanding that he 4 had passed the Bar, but had not yet been licensed in 5 Florida. He's a very bright young guy. As I recall, he 6 was already licensed in two other states, I think New 7 Jersey and Pennsylvania. And my layperson's 8 perspective, I expected anybody that was smart enough to 9 do that in two states wouldn't have any trouble in 10 Florida. 11 Q. Now, following this dinner, is that when you had 12 the meeting just with Martin O'Bolye? 13 A. No. We had the meeting beforehand. And our 14 meeting sort of continued. We went to dinner, had a 15 very nice dinner with Jonathan. And after the dinner, 16 Marty and I, we rode there together in Marty's car, and 17 we rode back to his house in his car. And we actually 18 sat in the parking lot of the restaurant and chatted for 19 a bit, and kind of talked more about some of the 20 mechanics of -- he had already made an offer to me, and 21 we were kind of batting back and forth. And this was 22 actually, over the course of several days I was there. 23 And we kind of went back and forth about how we were 24 going to work things out, and what it would look like 25 for me to actually go to work for the foundation. ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 66 1 Q. What were the specifics of your conversation with 2 Mr. O'Boyle regarding the foundation? 3 A. Well, his initial offer was actually quite 4 generous. He offered to pay me $75,000 a year, and that 5 they would give me a new car, and cover all of my travel 6 expenses. So this was -- for me, felt like Christmas. 7 I do most of -- all of my advocacy for free at my own 8 expense. And it's been economically disastrous for me. 9 So for somebody to suddenly say that I didn't have to 10 worry about putting food on the table, was a huge 11 relief. But much more important to me than that were 12 the economic resources that I would have to do my 13 advocacy. 14 I think it's pretty clear from my economic 15 history since I have been doing advocacy that I'm not 16 money motivated. I don't care. I have been broke for a 17 long time and I'm perfectly happy to continue to be 18 broke. I'd rather not be broke, but I don't do this for 19 the money. I do it because I believe in civil rights. 20 And to have somebody with Marty's resources tell me 21 that, I will fund your work that you are already doing 22 for free, was an enormous positive for me. Because not 23 only did it mean that I could keep doing my work, but it 24 meant that I could do it much more effectively. I could 25 reach out to a lot more people. I could impact, I think ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 67 1 positively, a lot more lives. 2 So part of this was trying to plumb the depths of 3 the commitment, because I have a pretty vivid 4 imagination. So when somebody who is wealthy tells me, 5 "I'm going to fund your advocacy," I'm trying to figure 6 out what does that look like? Let's get down to 7 numbers. And Marty is very coy, and very charming, and 8 just enormously winsome. And each time I asked him, it 9 was sort of, "Whatever it takes," was his response. 10 So for example, I was trying to get a sense of 11 what would my budget be for travel, because what I'm 12 imagining is going around and meeting with black 13 churches all over the state of Florida and talking to 14 people about civil rights issues, or meeting with 15 student groups. I'm thinking I'm going to be zigzagging 16 all over the state. What is my budget? 17 His response each time was, "Whatever it takes." 18 And then of course the issue of litigation came 19 up. My -- I'm not naive. I understood that his son was 20 starting a law practice. I already talked to Jonathan 21 about at least part of the nature of the law practice 22 being open government litigation. I know from my own 23 experience, and even at that time, that if you do the 24 kind of work that I do, you're going to run into 25 violations of the law that if they are going to be ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 68 1 resolved, they are going to have to be resolved in 2 court. And that generates lawsuits and that generates 3 legal fees. So I got that part of this was a business 4 decision, that financing my advocacy very likely would 5 have a byproduct of lawsuits that needed to be 6 litigated. 7 So I asked him, what is your tolerance for pain 8 for filing fees, for example, as you know, usually $400 9 plus service, plus summons, all that, costs 500 bucks 10 just to get a case started. He said, "Whatever it 11 takes." So he asked me, "Well, how many cases do you 12 think you could come up with?" 13 My response was, "What about 100?" 14 He was like, "No problem." 15 So I was like, "What if I came up with 100 in a 16 month?" 17 "No problem." 18 Well, that would be 1,200 in a year. What if it 19 was 2,000? No problem. What if it was 3,000? No 20 problem. 21 So we never really came up with any kind of 22 concrete budget, but it was, I will pay you 75,000 a 23 year, cover all of the expenses -- reasonable expenses 24 you've got for doing your work, and he suggested that I 25 hire an assistant. And we talked -- I think the number ESQUIRE 800.211.DEPO (3376) 5 0 L U 7 4 0„ Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 69 1 he suggested -- and these were only suggestions, I 2 think, I pay them $60,000 a year or something. 3 And this conversation kind of went back and 4 forth. One of the things that I -- the only real 5 hang-up that he and I had in this discussion was that I 6 wanted to continue to be able to do my own thing. I 7 wanted to be able to continue to do pro se litigation. 8 And he felt very strongly -- in fact, this is one of the 9 things we talked about outside of the restaurant that 10 first night on the 22nd, was that he did not want me 11 doing that. He wanted my full attention. And so over 12 the next several days, I kind of toyed with what that 13 looked like for me. 14 So ultimately, one afternoon we were sitting 15 outside his house by the pool, and that's when we kind 16 of finalized things. I said I want 120 grand a year, 17 and he agreed to that, and off to the races we went. 18 Now, during that discussion, I laid out some 19 conditions. One was that there could not be an enemies 20 list. What I meant by that was, I don't care about 21 people's motivations, and I don't care about other 22 people's objectives. I care very much about my 23 motivations and I care very much about my objectives. 24 I don't judge somebody for making a bunch of 25 public records requests for whatever it is they want, to ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 70 whatever agency they want. They have the right to do that. That does not necessarily mean that's good advocacy. What I'm interested in is strengthening the public's right to know; not doing things that are deleterious to that right. And for that reason, I thought it would be disastrous if the foundation was picking on one agency, or conversely, was -- I want to be sure nobody was off limits. I don't care if you are golfing buddies with the governor -- not saying that he is. If the deal is I can't go after the governor, then screw it. I'm not in. I have to have carte blanche, I can go after whoever I want to go after, and I don't have to go after anybody in particular. And he was very agreeable to that. I was very concerned about the independence of the foundation. I thought it would be disastrous if it turned out that the foundation was nothing more than one individual's instrumentality. I got his assurances that it would be independent. I insisted that I would have sole discretion about litigation. Obviously, I knew I would serve at the pleasure of a board of directors, which I'm perfectly fine with. In fact, I welcomed not having to worry about finances, and I won't have to balance a checkbook or any of that stuff. Just give me a paycheck, cover my expenses, let me do my thing. But ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 71 1 I was very concerned that it be independent, that nobody 2 would be directing behind the scenes what happened. I 3 wanted to be able to make the requests that I wanted to 4 make, and I wanted to be able to engage in the 5 litigation that I thought was appropriate. 6 One of the reasons for that concern was in my 7 first visit to their offices in 2013 when I reviewed all 8 of these public records requests made to the State 9 Attorney's Office, I rejected all of them as far as 10 whether or not they were worthy of litigation. And in a 11 very nice way -- he was not ugly about it, but Marty 12 made it clear that he was disappointed that I was so 13 persnickety about the quality of the cases. 14 I have tried to winnow out in my own work, 15 anything that -- if it's got a whiff of a good defense, 16 1 I don't want to do it. And I did not want to be in a 17 position where I had to constantly argue with people 18 about whether a case was worth litigating or not 19 litigating. Cases are so plentiful. Violations of the 20 Public Records Act are so common, and very often very 21 egregious. It's not hard to get really, really good 22 facts. And you've got to be really -- in my opinion, 23 you have to be really picky. 24 And so that was one of my real concerns. I 25 1 wanted to be sure there wouldn't be any pressure from ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 72 anybody else. I got to make those decisions. While I was very, very willing to give the lion's share of cases to the O'Boyle Law Firm, I also wanted the discretion to be able to give cases to other law firms when I thought it was appropriate. So that was sort of the nature of our conversations. And as I said, that transpired over several days. It was never adversarial. It was very pleasant. Marty is a very hospitable man. Q. You testified you were very willing to give the lion's share of the work to the O'Boyle Law Firm. Was that one of the conditions? A. No. It was not. And I made that point that I wouldn't do this if the condition was -- I understand that if I go out and I make 100 public records requests, I know from experience that if I make those public records requests to publicly operated agencies, cities, counties, whatever, that about 30 percent of those are going to give me the middle finger. And I'm not talking about little, minor technical violations. I mean tell us your name or you don't get the records. Or you have to make your requests and it has to be notarized, and it has to be sent to us by certified mail. I know that if I go out and make 100 public records requests to municipalities, that I'm going to O ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 73 get about 30 of those. Now, that doesn't mean all 30 of them are worth litigating. But certainly, I would guess on average, about 20 of those would be. They've -- somebody's got to litigate them. One of the real problems that I had with law firms prior to this was bandwidth. Most law firms didn't have the capacity to take on a lot of public records lawsuits because they are contingency, and they've got bills to pay. They need some certainty, and they have somebody waving a check at them, they are going to take the guy that is willing to pay as he goes versus a contingency case. And then the other issue is the cost. The filing fees alone can be prohibitive if you're doing a lot of lawsuits. So here I have two young attorneys who seem very passionate about open government, about civil rights issues in particular. They know a lot more than most attorneys in Florida about public records issues, which isn't saying very much, because I could take the collective knowledge of most attorneys, and it wouldn't fit on a postage stamp when it comes to open government issues in Florida. But they seemed pretty knowledgeable in comparison with most other attorneys. And I had somebody who was willing to finance it. It didn't need to be a condition, because I knew going into it that C el ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 74 1 it's not like there's some other law firm saying, "give 2 us 50 cases in a month." I don't know anybody that 3 could do that. It wasn't a condition. It was just a 4 fact. It was a circumstance. Here you have two guys 5 who are well financed and are hungry for the work. If 6 somebody is going to be paying me to go out and do my 7 thing, then there's a good chance that there are going 8 to be cases needing to be litigated. 9 But it was never -- in our preliminary 10 discussions, it was never in my agreement to work with 11 the Citizens Awareness Foundation, that you have to go 12 out and get X number of cases and give them to the 13 O'Boyle Law Firm completely. Now, eventually, that very 14 much became the case. But I would never have agreed to 15 do it had that been a condition in the first place. 16 Q. Backtrack to a couple things you said; the first 17 being, you said that you have these two young attorneys 18 who are well financed. How did you know they were well 19 financed? 20 A. They would have -- I didn't understand how the 21 financing was going to be done. I didn't know if -- 22 when I asked Marty, what if I come up with 100 cases in 23 a month, or 3,000 in a year, what is your tolerance for 24 pain? He was -- clearly, my understanding was he was 25 the guy that was going to make those funds available. I ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 75 1 didn't know if those funds were going to go to the 2 Citizens Awareness Foundation, and the Citizens 3 Awareness Foundation was going to pay its own filing 4 fees, or if the money was going directly to the law 5 firm. I didn't know. But what I was being told is the 6 bandwidth that I was always concerned about with other 7 law firms, was a nonissue here. We have all of the 8 bandwidth you want. We can take as much as you bring 9 us. Now, that ended up not being true. They couldn't 10 keep up. But you know, I'm prolific. 11 Q. So was it your understanding that Mr. O'Boyle was 12 financing, in one way or another, both the foundation 13 and the law firm? 14 A. Yes. That was my understanding. I don't recall 15 ever seeing any documents that would show that, but that 16 was my understanding. 17 Q. You agree you weren't privy to whatever documents 18 or agreements that would have been put together in terms 19 of financing of the law firm; correct? You more than 20 likely wouldn't have been privy to any financing 21 agreement or respect to that for the law firm. 22 A. No. I had no -- never had any access to any 23 financial anything. I mean, for the foundation or for 24 the law firm. I mean, I wasn't a party of the law firm, 25 so that goes without saying. But even the foundation, I ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 76 1 didn't have access to checks. I didn't have accesses to 2 cash. I ultimately got a credit card. I used Marty's 3 card for awhile until the foundation got its own credit 4 card. I didn't want any of that. That is not my cup of 5 tea. I just didn't want it because I didn't want it. 6 But beyond that, I was relieved not to have that 7 responsibility. 8 The reason I believe in open government is 9 because I believe all men are utterly and totally 10 depraved. I believe in total depravity. And I have no 11 doubt that if I were given an unlimited budget and no 12 accountability, I would abuse it. And I think everybody 13 at this table would. And I was relieved to not have to 14 worry about that. I had to answer to somebody else for 15 how I spent the foundation's money, and I didn't have to 16 worry about accounting. 17 Q. Just so I'm clear, was it your understanding or 18 impression that Mr. O'Boyle was financing both the 19 O'Boyle law firm and Citizens Awareness Foundation? 20 A. Yes. Just call it CAFI. Yes, that was my 21 understanding. 22 Q. When you had these discussions was CAFI already 23 formed -- 24 A. No. 25 Q. -- entity? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 77 1 A. No. 2 Q. Do you know when CAFI was, in fact, formed? 3 A. I believe it was January 27th. So the timeline 4 goes like I go down there on the -- Marty and I have 5 e-mail exchanges, phone calls, whatever, first part of 6 January. I'm contemporaneously having conversations 7 with Jonathan and Ryan about maybe working together, 8 figuring out some way to do that. Then the idea of a 9 foundation or a nonprofit kind of floated out there in 10 this sort of amorphous way. January 22nd, I meet with 11 Marty. This is the first time we actually had this 12 discussion about any concrete, hey, this is really what 13 I want to do. I'm delighted at that. Then I stayed at 14 his house. He was very, very -- he and his wife -- 15 MR. DESOUZA: You guys are silent. Is that on 16 purpose? We haven't heard anything for the past 30 17 seconds. 18 THE WITNESS: Can you hear me? 19 MR. DESOUZA: Yes, I hear you. I didn't know if 20 you had taken a pause. 21 THE WITNESS: No. I've been talking this whole 22 time. 23 MR. DESOUZA: We haven't heard anything for the 24 last 30 seconds. 25 THE WITNESS: Can you give us an idea of where ESQUIRE 800.211.DEPO (3376) 0 L V* 1 0 h 5 EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 78 1 that goes back to? 2 THE WITNESS: What's the last thing you heard, 3 Dan? 4 MR. DESOUZA: That's a good question. You're 5 putting me on the spot. We had been talking about you 6 and Marty, and you had given a pretty long answer, 7 then Josh asked you another question -- or he was 8 starting to ask you a question, but then I didn't hear 9 what the last question was. 10 MR. GOLDSTEIN: Or the answer? 11 MR. DESOUZA: I assume I didn't hear the answer 12 either. It just got quiet for about 30 seconds. 13 Maybe if you go back to whatever the last question 14 was, that would be helpful for us. 15 THE COURT REPORTER: The last question was, "When 16 you had these discussions, was CAFI already formed as 17 an entity?" 18 And the answer was "No." 19 The next question was, "Do you know when CAFI 20 was, in fact, formed?" 21 The answer was, "I believe it was January 27th," 22 and then he began talking about the timeline. 23 Had you gotten any of that, or do I need to go 24 back farther? 25 MR. GOLDSTEIN: Dan, do you need us to start ESQUIRE 800.211.DEPO (3376) 5 0 L U_ I Q N= EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 1 1 over? February 24, 2016 79 2 MR. DESOUZA: If that was the last question, the 3 question was when was CAFI formed, then Joel gave an 4 answer, I'm fine if you move on to the next question. 5 I will just get the transcript and see what the full 6 answer is, as opposed to repeating the full answer. 7 MR. GOLDSTEIN: I don't think he was done. 8 THE WITNESS: It was started on -- I believe it 9 was January 27th. So I was getting ready to say I go 10 down there on the 22nd. I stayed at Marty's house. I 11 was getting ready to pay Marty and Sheila a compliment 12 about what wonderful hosts they were. They were very, 13 very super sweet hosts. So I stayed at their house. 14 And we had these discussions. 15 And leading up to that, we had a conversation, 16 "we" being me, and Marty, and I think Bill Ring may 17 have been part of this -- that there was already a 18 not-for-profit that had been created. And I don't 19 know the name of it. Jonathan was on the board. So 20 the suggestion was we would just use that. And I 21 objected to that. And again, it wasn't adversarial. 22 I just didn't think it was a good idea. They talked 23 about we will remove Jonathan from the board. I said, 24 well, the problem with that, it's already public 25 records, and it wouldn't take a rocket scientist to ESQUIRE 800.211.DEPO (3376) L EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 80 1 figure out he had been on the board. And I just, for 2 appearance sake -- I didn't think it was a legal 3 issue, but for appearance sake, I didn't think it was 4 a good idea, that we should start fresh. It was 5 sometime after that that they came back and I think 6 Bill Ring is the one that came up with the name, which 7 nobody consulted me about that, which is fine. I 8 wasn't crazy about the name. But I was told it's 9 Citizens Awareness Foundation. That's who you work 10 for. 11 And I actually went out and started working on 12 the 27th. That was my first day. The day it was 13 created is the day I went to work. 14 BY MR. GOLDSTEIN: 15 Q. What was the name of the nonprofit that Jonathan 16 O'Boyle was on the board of? 17 A. I don't know. I already said I don't know. 18 Q. I believe you testified that there was supposed 19 to be an independent board of directors for CAFI; 20 1 correct? 21 A. Yes. 22 Q. Do you know who the initial board of directors 23 were for CAFI? 24 A. Yes. I believe that there were three, if I'm not 25 mistaken. Bill Ring was the president. Denise ESQUIRE 800.211.DEPO (3376) 5 0 L v r, 0 N 5 EsquireSolutions.com 11111111 2 3 4 5 6 7 8 9 13 17 18 19 20 21 22 23 24 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 81 DiMartini was an officer and Brenda Russel was an officer. Q. Would you say that those three individuals were free of influences of Mr. O'Boyle? A. No. They were not. MR. DESOUZA: Objection, form. BY MR. GOLDSTEIN: Q. Do you know what William Ring's relationship to Martin O'Boyle was? A. They worked together. I have described all three of them as longtime employees. And again, I don't know which exact corporations they worked for or technically what their working relationship is with Marty, but they have worked for Marty or with Marty for a very long time. And I was a little, at first, a little concerned that gee, these are -- I was not crazy about them being the board members just because it looked like -- because of the connection. With that said, I had not yet met Denise. I had never even talked to her on the phone. I met Brenda a couple of times. She's a very nice lady. And I had met Bill a number of times and really liked him. He was very, very nice, very pleasant, always very cordial. 25 1 But it was clear to me from my discussions with ESQUIRE 800.211.DEPO (3376) EsquireSo/utions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 82 Bill that he was not super knowledgeable about open government law in Florida, and I kind of assumed that was probably the case with Denise, and that was very much my impression from Brenda. They didn't strike me as being -- they struck me as being ambivalent about open government issues in Florida, not hostile and not all hopped up about it either. And frankly, I sort of view them as figureheads. They're going to watch the piggybank so Joel doesn't steal any money, and they're not really going to interfere with what I do. We have to have somebody on the board of directors and I have somebody I'm responsible to for the money. But other than that, they are really not going to interfere with me. So I kind of let it go at that point. MR. GOLDSTEIN: I'm going to show you what I'm going to mark as Composite Exhibit 2. (Defendant's Exhibit No. 2 was marked for identification.) MR. GOLDSTEIN: Composite Exhibit 2, just so you know, Dan, is a printout from Florida Division of Corporations and the filings for Citizens Awareness Foundation. MR. DESOUZA: The stuff you pull off of Sunbiz? MR. GOLDSTEIN: Correct. MR. DESOUZA: Okay. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 1 1 BY MR. GOLDSTEIN: February 24, 2016 83 2 Q. Have you seen those documents before? 3 A. I have seen documents from Sunbiz relating to the 4 corporate registration of Citizens Awareness Foundation. 5 Q. Do you believe that the corporation documents 6 that are attached to what was marked as Composite 7 Exhibit 2 accurately reflect your recollection of who 8 the initial board of directors were? 9 A. I can't authenticate it because I didn't get it 10 off Sunbiz myself, but it looks like a Sunbiz document 11 to me, and the filing date is January 27th, 2014, which 12 is my recollection. And the initial boards of directors 13 conforms with my recollection as well. Looking at the 14 Articles of Incorporation, it lists William Ring, Brenda 15 Russel, and Denise DiMartini as the directors. 16 Q. What was your understanding of Mrs. DiMartini's 17 relationship with Mr. O'Boyle? 18 A. That she worked for him. 19 Q. And the same for Brenda Russel? 20 A. Yes. 21 Q. And you said that you went to work for CAFI 22 immediately the next day; is that my understanding? 23 A. The day it was started on January 27th, if I'm 24 not mistaken; that's my recollection. And I will look 25 at my calendar. I believe that was a Monday, if I'm not ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 84 1 wrong. It was a Monday. I met with Marty on Wednesday 2 the 22nd. That's when I first came down. I stayed at 3 his house, then on the 27th I went to work. I actually 4 went out and started doing my thing that day. 5 Q. So you went out from Mr. O'Boyle's house and you 6 started making public records requests? 7 A. As I recall, yes. That weekend I went ahead and 8 -- I think I went home that weekend just for a day. And 9 then there was a fellow that I knew through PMJA, a guy 10 named Terrell Elliston. When I went back down to South 11 Florida, I didn't stay at Marty's house. I checked into 12 a hotel and had Terrell and his wife, Angel, drive down 13 from Winter Haven to meet with me because I wanted to 14 hire him to be my coworker at the foundation. And I if 15 I'm not mistaken, I think they came down Sunday evening, 16 and we met at the hotel. And I -- with funding from 17 Marty or the foundation, I got a hotel room, took them 18 to dinner, and talked to him about coming to work for 19 me. And Angel stayed at the hotel that Monday, and 20 Terrell and I actually went down to -- we started in 21 Florida City. And we just went from one little 22 Miami -Dade County municipality to another making public 23 records requests, and it was just the Wild West. It was 24 unbelievable how lawless they are down there. 25 Q. So Terrell was his name? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 85 1 A. Yes. 2 Q. Did he ultimately start working for the 3 foundation? 4 A. Yes and no; we agreed that he would come work for 5 the foundation. I told Marty that he was going to come 6 to work for the foundation. And Terrell and I are very 7 close and have a very good relationship. But I think he 8 was down there for a day or two, then he went back to 9 Winter Haven and called me and said he changed his mind 10 and didn't want to do it. It was -- part of that, I 11 guess, was money, and I don't know. It was sort of -- 12 we left on -- we parted on very good terms and we are 13 still on very good terms, but -- so he actually never 14 got paid. I wanted -- I insisted that we pay him for 15 the day or two he worked, and he refused, very 16 graciously. It wasn't hostile. 17 So anyway, I was back working by myself. And not 18 long after that I hired a woman by the name of Cathy 19 Zollo, Z -o-1-1-0, who is an award winning investigative 20 journalist, newspaper journalist in Sarasota that I had 21 done some work with. And so she came to work for the 22 foundation. She stayed in Sarasota. At least when I 23 was with the Citizens Awareness Foundation, she never 24 went to the offices. I had her come over and meet me 25 one day in Deerfield Beach with a guy by the name of ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 86 1 Dylan Boucher, which I can't spell, who I hired as an 2 intern through a civil rights activist friend of mine 3 that introduced us. 4 I was actually out the first day. If I'm not 5 mistaken, the first day I came back with 10 smoking hot 6 perfect fact lawsuits. They were just -- the very first 7 place we went was Florida City, and the police 8 lieutenant, when I asked to inspect and photograph their 9 sign -in log and visitor log, which was public record and 10 couldn't possibly be exempt because they hand it to 11 everybody who walks through the door and makes them sign 12 it. The response I got was, you have to make your 13 request in writing, it has to be notarized, and you have 14 to send it certified, certified mail. And they were all 15 like that, just one right after the other, egregious 16 violations of the Public Records Act. 17 Q. Who got those lawsuits? 18 A. The O'Boyle Law Firm. 19 Q. And prior to assigning those 10 smoking hot 20 1 lawsuits to the O'Boyle Law Firm, you had never done any 21 work with them previously; is that correct? 22 A. Yes, that's true, with the O'Boyle Law Firm. 23 Right. 24 Q. And you gave those cases to them despite your 25 ability to assign them to anybody? ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 87 1 A. Yes. They were -- wanted the work. They had 2 communicated to me both in word and deed that they were 3 open to my critique and wishes as far as how cases would 4 be litigated. Both Jonathan and Ryan were very -- 5 seemed very eager for my input to try to benefit from my 6 experience. They were local. They're in South Florida. 7 It wasn't Miami -Dade County, but they're local. And the 8 experience that I did have with -- I didn't have any 9 experience with the O'Boyle Law Firm, but I did have 10 some experience with Ryan. He had worked as Bill's 11 paralegal, and Bill represented me in my one and only 12 lawsuit that I filed against Gulf Stream before the 13 foundation was created. So I knew that he had 14 experience, limited experience, but they seemed to do a 15 pretty good job. When I sued Gulf Stream, they seemed 16 responsive to my concerns as a client. We were, 17 thankfully, able to resolve that lawsuit very amicably 18 and very cost effectively. I think they -- the town 19 ended up paying my attorneys fees, which were something 20 like $1,200, something very modest. So I felt pretty 21 good about giving it to them. 22 Q. Just so I'm clear, prior to the foundation, you 23 had used the O'Boyle Law Firm? 24 A. No. I had not used the O'Boyle Law Firm. I had 25 1 worked with Ryan, who had passed the Bar, but had not ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 88 1 been yet licensed, and was working as a paralegal for 2 Bill Ring, who was a licensed attorney, who took the 3 case against Gulf Stream. The way that they had 4 interacted with me as a client made me feel good about 5 the personalities involved. And Ryan was now, as I 6 understood it, a managing partner of the O'Boyle Law 7 Firm, and Ryan had been very pleasant. He was -- I B liked him. We really clicked on a personal level. 9 Philosophically we seemed to be aligned about advocacy 10 and the importance for civil rights and importance of 11 open government. He seemed to be very much aligned with 12 my perspective on how we should handle litigation. And 13 I felt that way about Ryan pretty much the whole way 14 through my experience with the O'Boyle Law Firm. I 15 don't really have any -- off the top of my head, I 16 really don't have anything to offer that would be a 17 criticism of Ryan other than, you know, I wish he had 18 been more forceful about some of the ultimate concerns 19 that we both shared. But I think Ryan was a good guy. 20 I think he was a good attorney. So I had no problems 21 giving it to him. 22 I didn't have any experience with Jonathan as an 23 attorney, but he seemed very bright and articulate. 24 From personal conversations I had with him, it seemed 25 like we were philosophically aligned as far as civil ESQUIRE 800.211.DEPO (3376) . EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 89 rights issues were concerned. I had certainly worked with other law firms with whom I had a lot less contact than the principals of the O'Boyle Law Firm, and I had been willing to give business, my own business, to other attorneys, which for the most part, didn't turn out well. So I felt pretty good about it. Q. Now, correct me if I'm wrong, but is it my understanding that Bill Ring was actually in-house counsel for the Commerce Group? A. My understanding is he's an attorney, and he works for the Commerce Group. I don't know that he's their in-house counsel. My impression -- this is purely my impression, is that Bill's career has not really been as a litigator. I very much got the impression in the lawsuit that he represented me in against Gulf Stream, that this was -- he had not done very many lawsuits. That was the impression I got. It wasn't in any sense of a lack of competence on his side. He just -- my impression was he didn't really use his law license very much for what he did for work day-to-day with the Commerce Group. I could be completely wrong about that. That was just the sense that I had. Q. At the time he represented -- Mr. Ring represented you individually, do you know where his office was? ec)ESQUIR,E 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 90 A. I assume it was at the Commerce Group. I was not aware of him having any other address. I never visited him or talked to him at any other location that I can recall. Q. Citizens for Awareness Foundation, when it was incorporated, did it have an office? A. It's Citizens Awareness; not Citizens for Awareness, CAFI. I worked out of my home here in Lakeland. But whenever I went down to South Florida to Deerfield Beach, the address that is on the articles of incorporation and the address that I had on my business cards, and the address that I used for Citizens Awareness Foundation was the same address as the Commerce Group. Q. Did the O'Boyle Law Firm have physical office space? A. Yes. Q. Where was their office space? A. A big room in the back of the same office. Q. So the O'Boyle Law Firm was in the back of the office space where CAFI was? A. Yes. I mean, again, CAFI, at this point, not necessarily on the 27th, because I don't remember the exact date that Cathy Zollo came to work for the foundation. It was within a few weeks. She never went ESQUIRE 800.211.DEP0 (3376) S O I V= I O X S Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 91 there, as far as I know, never. She never was there when I was there. There were no other employees. It's not like there was a CAFI staff. It's not like we had our own lunchroom or even an office. When I was there, I would use whatever empty desk was around. I didn't -- as far as I know, I don't think I had an extension or anything. I'd use an empty -- it's a big office. I would find some empty spot, and that's where I would light for a little while. But most of the time I was there, I was back talking to the attorneys because we had cases to litigate. And most of my work didn't involve being inside an office. Most of my work involved going out and meeting people, either meeting public officials or meeting with civil rights groups, or citizens groups, or student groups. MR. DESOUZA: Just confirming we didn't lose sound? MR. GOLDSTEIN: No. I'm looking at my notes. MR. DESOUZA: I'm going to say on the record, given that it is nearly 2:00 o'clock, Mr. Chandler is not my witness, so obviously I don't control his schedule or anything. But we have been going for a few hours now and I don't know what any of these questions have to do with Mr. O'Boyle's slander claim ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 92 1 against your client or the retaliation claims asserted 2 against Gulf Stream. So I'm going to assert a 3 standing relevance objection to all of this. And 4 you'll do what you'll do, but I'm saying it's 2:00 5 o'clock, and I don't know that we've heard a single 6 question relevant to slander at this point. 7 MR. GOLDSTEIN: I think it goes directly to the 8 truth of the alleged statements. You can make 9 whatever relevance objection you want, but I believe 10 it goes directly to defense of the fact that the 11 statements that were made were, in fact, true. 12 MR. DESOUZA: Yes, but I think Judge Marra might 13 disagree with you. He's already denied an entire RICO 14 claim based on these exact allegations. I'm not going 15 to argue with you over the phone about it. I'm just 16 saying, at some point, I would like to ask Joel some 17 questions, as well, that actually relate to what your 18 client said and when. I guess if we don't get there 19 today, then we will come back and bother Mr. Chandler 20 again to actually ask him questions that I think are 21 relevant. 22 But go ahead. I don't want to interrupt or cause 23 this to go any further than it has to. 24 THE WITNESS: I hope you guys brought overnight 25 bags. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 93 1 MR. GOLDSTEIN: No. 2 BY MR. GOLDSTEIN: 3 Q. Did you enter into any kind of employment 4 agreement with CAFI or Mr. O'Boyle with respect to your 5 retention there? 6 A. Yes. That was one of the other sticking points 7 with Marty. And again, when I say "sticking points," 8 all of our conversations leading up to my employment 9 were always very civil. In fact, I don't remember ever 10 having a conversation with Marty that wasn't civil up 11 until my resignation, and after my resignation. But I 12 wanted a contract. I proposed a five-year contract, and 13 he demurred. And then I proposed at least a one-year 14 contract, and he again demurred and said we should try 15 it and see how it works out. 16 So I think in sort of a compromise, he asked me 17 to draft a memorandum of understanding that outlined our 18 agreement, and I did that, and sent it back and forth to 19 him several times, and he would make -- mark it up and 20 make suggestions about changing it, and ultimately we 21 came to one we both, I think, agreed to. I executed it 22 and gave it to -- I don't know if I gave to Marty or I 23 gave it to Brenda Russel, but I gave it to somebody 24 there and I never got a copy of it back. But that was 25 the basis of my employment arrangement. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 94 1 All of the discussions I had about going to work 2 for CAFI were with Marty. I never had any discussions 3 with any of the board members about it. 4 Q. So following your starting to work on the day 5 that the foundation was formed on the 27th, did you have 6 any subsequent conversations during the month of January 7 with Mr. O'Boyle? 8 A. Yes, sure. 9 Q. When was the next time you spoke to Mr. O'Boyle? 10 A. I couldn't tell you when. I was in and out of 11 the office a lot because I was concentrating my efforts 12 in South Florida for several reasons. One is it's the 13 Wild West. And it's not very hard to find examples of 14 egregious violations of the Public Records Act. And to 15 put that in context, it wasn't just me going out and 16 seeing if I could find a lawsuit. I was videotaping 17 these encounters and ultimately published many of these 18 videos as examples of what public officials should not 19 do, a whole bunch of these. 20 And so I was -- and the other reason I was 21 concentrating on South Florida, it was convenient for 22 all of the parties involved. If we are going to do 23 litigation, might as well do it some place where the 24 attorneys don't have to drive a long way. And I also 25 love South Florida and I love the ethnic culture, and ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 95 1 the food, and the Neapolitan nature of the vibe down 2 there. So I was there a lot. And I stayed at Marty's 3 house when it was convenient, and he was very, very 4 gracious about that. And I mean I had the access code 5 to get in the house. And in fact, I shared many family 6 meals with Marty and Jonathan and Sheila, his wife, 7 Marty's wife, who is a lovely, lovely lady. 8 And then I would see Marty some in the office. 9 He travelled a good bit, but when he was there, I'd see 10 him, and he was always very gregarious. So we talked a 11 lot. And when I stayed at his house, if -- I only 12 stayed at his house when he was in town. He's an early 13 riser, and I knew that seeing him at the office was 14 sometimes difficult because he had a lot of businesses 15 he was running. So very often, I guess probably every 16 time that he was there at the house and I was there, I 17 would meet him downstairs for coffee 5:30 or 6:00 in the 18 morning. And we, just the two of us, would sit there in 19 the dark, and drink coffee, and have conversations about 20 life, and open government, and sort of how my job was 21 going. And they were always very pleasant 22 conversations. 23 Q. Do you recall having any conversations with a 24 Robert Tweel? 25 A. Yes. Yes. I don't know that I would ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 M 13 14 15 16 17 18 19 20 21 22 23 24 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 96 characterize it as me having a conversation. It was more that I was sitting in on a conversation. I think I talked very little. But Marty contacted a guy named Bob Tweel who, as I understand it, is a very accomplished tax attorney in West Virginia. And we had a conversation about -- or discussion about the nonprofit status or gaining nonprofit status as a 50103. Completely uncharted territory for me, and I got the impression it was uncharted territory for Marty, and we were trying to make sure we were on the right side of the law and doing things that wouldn't get us into trouble. Q. Did you recall any of the conversations as to some of the things that were required in order to give an appearance of being an appropriate nonprofit corporation? MR. DESOUZA: Hold on, Joel. Josh, could you repeat the beginning of that question. It blanked out and I got the second half of it. BY MR. GOLDSTEIN: Q. Sure. The question was, do you recall what was discussed with Mr. Tweel in terms of the requirements as far as 503 -- 25 1 MR. DESOUZA: I'm going to object on the basis of ,EgESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 97 privilege at this point, because if Mr. Chandler was working as a representative of CAFI, and CAFI and Marty were seeking legal advice from Mr. Tweel, I'm going to instruct Joel not to answer on the basis of privilege because it sounds like he was a CAFI director or whatever his position was with CAFI at the time. So I think unless you establish otherwise, I'm instructing him not to answer. MR. GOLDSTEIN: What was the position that Mr. O'Boyle had with CAFI? MR. DESOUZA: Well, I think it's entirely plausible that Mr. O'Boyle and CAFI are jointly seeking legal advise from an attorney, this guy named Bob Tweel. MR. GOLDSTEIN: He's not a director or officer of CAFI. MR. DESOUZA: What part of "jointly" is hard to understand? It's entirely plausible that Mr. O'Boyle individually, and CAFI as an entity, who has some financial relationship between them, are seeking tax advice from an attorney. MR. GOLDSTEIN: So if Mr. O'Boyle had a conversation with Robert Tweel wherein Mr. Chandler just so happened to be present, you believe there is a privilege? Is that my understanding? eESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 98 1 MR. DESOUZA: Let me make this a little bit 2 simpler for you, Josh. 3 Joel, I'm instructing you not to answer. If you 4 choose to answer, that's your prerogative. I'm 5 instructing you as the attorney for Mr. O'Boyle, in a 6 separate case, the attorney for CAFI, not to answer 7 the question. 8 And Josh, we can go at it until we are blue in 9 the face, but that's my instruction. 10 MR. GOLDSTEIN: But you don't represent Mr. 11 Chandler here today; correct? 12 MR. DESOUZA: I do not. However, as a 13 representative -- look. We can keep going on the 14 transcript back and forth like this. I gave my 15 instruction, told you why I thought it was privileged. 16 I don't control Mr. Chandler. If he wants to answer 17 the question, he can answer the question. If he 18 chooses to follow the instruction, he chooses to 19 follow the instruction. We are not talking rocket 20 science here. 21 MR. GOLDSTEIN: It's up to you whether or not you 22 want to answer the question or not. 23 THE WITNESS: Well, I'm not going to refuse to 24 answer the question, but I certainly take great value 25 in the attorney-client privilege and I'd loathe to do ESQUIRE 800.211.DEPO (3376) .I � I . „., I Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 99 1 something that somebody else feels would violate their 2 own privilege. I'm not in any adversarial posture 3 here with either of the attorneys speaking on the 4 record now. But I'm sort of at a loss of whether I 5 should answer the question. If you want to contact 6 the judge and let the judge instruct me, I'm more than 7 happy to defer to the judge. But in the absence of 8 that, I'm inclined to not answer the question, not 9 because -- I don't have any objection to it, but I'm 10 uncomfortable if somebody is asserting attorney-client 11 privilege. Seriously, if you want to get the judge on 12 the phone, I'm more than happy to do whatever the 13 judge wants me to do. 14 MR. GOLDSTEIN: Just so I'm clear, you are not -- 15 you are refusing to answer the question or not going 16 to answer the question based upon Mr. DeSouza's 17 instruction? 18 THE WITNESS: No. I'm not refusing to do 19 anything. I'm asking that since I don't have legal 20 counsel -- let me finish. 21 MR. GOLDSTEIN: That's fine. 22 THE WITNESS: Since I don't have legal counsel 23 here today, I do not want to do anything that would 24 imperil me with -- I don't want to give Mr. O'Boyle a 25 cause of action against me. He has already ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 100 1 demonstrated his litigious nature and wanting to fuck 2 up my life by dragging me into court for bullshit. 3 I'm not real inclined to do something that I'm not 4 sure -- I don't know whether he'd have a legitimate 5 beef if I did that. 6 MR. GOLDSTEIN: That's fine. 7 THE WITNESS: So on the record, I'm not refusing. 8 I'm inviting you to get the judge on the phone, and 9 the judge can tell me. If he wants me to answer, I'm 10 more than happy to answer the question. 11 MR. GOLDSTEIN: We will take up with the judge 12 and certify the objection. 13 (The question beginning on Page 96, Line 14 was 14 certified.) 15 MR. GOLDSTEIN: Why don't we mark this Exhibit 3. 16 (Defendant's Exhibit No. 3 was marked for 17 identification.) 18 MR. DESOUZA: What are we marking, Josh? 19 MR. GOLDSTEIN: The affidavit of Joel Edward 20 Chandler. 21 THE WITNESS: Do you guys mind if we take a 22 five-minute break? 23 (Recess 2:05 p.m. to 2:13 p.m.) 24 BY MR. GOLDSTEIN: 25 Q. We are looking at what we have marked as Exhibit ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 3. February 24, 2016 101 A. Yes. Q. Do you recognize this document? A. It appears to be an affidavit. Q. Is it your affidavit of Joel Chandler? A. I can't authenticate it without comparing it word for word, but it looks familiar. I can't vouch for its authenticity. Q. Why don't you go to Page 11. A. Yes. Q. Is that your signature there? A. That appears to be my signature. Q. Do you recall executing an affidavit on October 27, 2014? A. I executed an affidavit. I couldn't swear to the date, but I did execute an affidavit in 2014. Q. On Page 11 it reflects a date of October 27, 2014. A. I'm not disputing that this is, in fact, that affidavit. I couldn't vouch for 11 pages of the document without reading every single word of it, but it looks familiar. Q. Why don't you look at Page 2 of what's been marked as Exhibit 3, specifically Paragraph 9. A. Okay. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 102 1 Q. You see Paragraph 9 where the affidavit discusses 2 discussions with Robert Tweel? 3 A. Yes. 4 Q. In this affidavit, does it state that the 5 discussions with Tweel regarding the necessity that CAFI 6 be a legitimate not-for-profit entity? 7 MR. DESOUZA: Josh, you're asking whether that is 8 something that he wrote in the affidavit, or whether 9 the conversation happened? 10 MR. GOLDSTEIN: That he wrote in this affidavit 11 that part of his discussions with Robert Tweel had to 12 do with the necessity for CAFI to be a legitimate 13 not-for-profit entity. 14 MR. DESOUZA: My perspective -- obviously we have 15 a privilege ongoing issue. But if you are just asking 16 him if that's what the affidavit says, I'm fine with 17 those questions. 18 BY MR. GOLDSTEIN: 19 Q. Do you agree that's what is reflected in the 20 affidavit? 21 A. Just so we are clear, what the affidavit says at 22 9 is, "During January or February 2014, I participated 23 in a telephone conversation with Martin O'Boyle and 24 Robert "Bob" Tweel, a tax attorney from West Virginia. 25 Martin O'Boyle and I discussed with Mr. Tweel the ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 103 1 absolute necessity that CAFI be a legitimate 2 not-for-profit. This included, but was not limited to 3 the requirement that CAFI use a variety of law firms to 4 represent it so as to avoid the appearance of self 5 dealing." That's what it says. 6 Q. As we sit here today, is there anything that you 7 know now that you didn't know at the time you executed 8 the affidavit that would lead you to believe the 9 statement in your affidavit is not true and accurate? 10 A. Can you ask that again. 11 Q. As you sit here today, is there anything to your 12 knowledge now, that would deem the statement set forth 13 in Paragraph 9 of this affidavit to not be true and 14 accurate? 15 A. Not that I'm aware of. 16 Q. Now, do you recall receiving a memorandum from 17 Mr. O'Boyle to Robert Tweel on February 28, 2014 18 memorializing whatever conversations that were had? 19 A. Can you restate that. 20 Q. Do you recall whether or not you ever received a 21 memorandum after the conversation that Mr. O'Boyle had 22 with Robert Tweel, setting forth or memorializing things 23 that were discussed? 24 A. Yes. 25 Q. And you were carbon -copied on that e-mail or that ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 1 I memorandum? February 24, 2016 104 2 A. I received a memorandum, yes. 3 Q. At any point in time, to your knowledge, did Mr. 4 O'Boyle have a position in CAFI? 5 A. No. I mean, he controlled CAFI. He created it. 6 He directed it through his -- as his instrumentality. 7 But no; he was not a director. He was not a board 8 member, not an owner. But make no mistake, it has been 9 my contention, it is my contention, and will continue to 10 be my contention that Martin O'Boyle absolutely 11 controlled CAFI. It was his instrumentality and solely 12 his instrumentality. 13 Q. what do you mean by "controlled"? 14 A. He financed it. The board members -- I never 15 interacted with Brenda Russel as a board member. I 16 interacted with her -- although she was a board member, 17 and I interacted with her during the time she was a 18 board member, my interactions with her purely -- I 19 submitted my -- early on, submitted my receipts and that 20 sort of thing to Brenda Russel. The only two board 21 members that I interacted with in that capacity would 22 have been Bill Ring and Denise DiMartini. And there was 23 no question in my mind that they were operating at the 24 behest, direction, and for the benefit of Martin 25 O'Boyle. There was never any question in my mind about ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 D JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE that. February 24, 2016 105 Q. So my understanding then, is that he was advising or telling Denise DiMartini and William Ring as to how things were to be done, and they were then directing you? A. Yes. Q. Now, were you, at any point in time, able to use other law firms other than the O'Boyle Law Firm? 9 A. No. 10 Q. Who told you that you weren't allowed to use any 11 law firms? 12 A. Bill Ring, as the president of the foundation. 13 Q. What specifically did he tell you? 14 A. There was a case that I wanted to litigate, the 15 Barnes & Noble College Book Stores operate on behalf, 16 standing in the shoes of the University of South Florida 17 on campus, the book store. They sell more than just 18 books. They sell all sorts of things like T-shirts, and 19 jerseys, and that sort of thing, but they operate a book 20 store. And I went there with one of my brothers. We 21 just happened to meet for lunch in Tampa, and it was 22 convenient. We were close by, and just for the fun of 23 it, we decided to go over there and make a public 24 records request. He had met -- he was a student there. 25 He is now a graduate assistant there. But he had met a ESQUIRE 800.211.DEPO (3376) 3 0 L O T 1 0 X 9 Esquire Solutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 106 1 woman in one of his classes that worked for a competitor 2 of Barnes & Noble off campus, and they had tried to get 3 -- this competitor had tried to get the adoption list 4 from Barnes & Noble. These adoption lists are used -- 5 they basically send out a form around to all of the 6 faculty asking them what books they are going to need 7 for the upcoming semester, and the college book store 8 orders them. These adoption forms are public record, 9 and they are critical for anybody who wants to sell 10 textbooks to students at a particular university, in 11 this case, University of South Florida. If you don't 12 have the textbooks on hand, you can't sell them. 13 And Barnes & Noble had told this young woman, 14 allegedly, that she had to pay a confiscatory fee for 15 getting them, the request had to be made in person. 16 They made her jump through a bunch of hoops to get these 17 records. And this exact same issue had already been 18 litigated in the Third DCA in 188 or 189. Barnes & 19 Noble was the defendant in that case and they lost 20 because the court held that they were standing in the 21 shoes of the state, and the records that were being 22 requested in that case, adoption forms, were public 23 record. 24 So knowing that Barnes & Noble had already been 25 taken to the wood shed on this issue, I went over there ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 107 1 to find out if they were still doing the same thing. It 2 turned out they were. After I went over there and made 3 that request, and it was videotaped, my brother was with 4 me, and he has done some open government litigation and 5 advocacy as well, he made a similar request at the same 6 time. So within seconds of each other, I made a request 7 and he was standing next to me and made a similar 8 request. 9 Subsequent to that, he had a conversation with 10 Ana Clara Anderson who, at the time, was an associate at 11 Thomas & LaCicero who had represented me and my brother 12 separately in public records lawsuits. In this social 13 discussion, the issue of what happened at Barnes & Noble 14 came up, and Ana Clara expressed an interest in the 15 case. And given Thomas & LaCicero's reputation and the 16 stature that they have in open government litigation, 17 and their interest in the issue, and the fact that it 18 was in Tampa Bay, I thought that if there was ever a 19 case that I was going to give to another law firm, that 20 would be it. Black and white facts; just imagine going 21 to court and the citation is Barnes & Noble in another 22 1 case with identical facts. 23 And so I -- and I also thought that it would help 24 to burnish the reputation of the foundation to be 25 represented by a firm like Thomas & LaCicero on a case ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 108 that is so clear cut. And I, frankly, thought it was be cool to have a -- right out of the gate, to get an appellate decision with CAFI's name on it. So I sent an e-mail to Bill, and said that I wanted to do that, and he came back and told me no; I couldn't do it, that all of the cases had to go to the O'Boyle Law Firm. Q. Were there any threats if you didn't send all of your cases to the O'Boyle Law Firm? A. No. But he was the president of the foundation. I serve to the pleasure of the board, and he told me I couldn't do it. Q. Were you ever told that if you didn't continue to send cases to the O'Boyle Law Firm, that the funds to run the foundation would no longer be -- would be cut off? A. Yes. Q. Who told you that? A. Bill Ring and Denise DiMartini. Q. Do you recall when that was? A. It would have been in May sometime, as I recall. I think it was in May. Q. Why don't you look at what was previously marked as Exhibit 1, which is the timeline, and look at Page 5 for the date, says February 6th. A. These pages aren't numbered. A ESQUIRE 800.211.DEPO (3376) o Esquire Solutions. corn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 109 MR. DESOUZA: I'm sorry, Josh. You said we're on the timeline now? MR. GOLDSTEIN: Yes. We're on the timeline, which is 1. I'm referring to Page 5 of the timeline, the time period between February 4th and February 6th, 2014. MR. DESOUZA: Thanks. THE WITNESS: Okay. BY MR. GOLDSTEIN: Q. And it says, "MEO e-mails Chandler, MEO tells Chandler to toll referrals of new cases to the O'Boyle Law Firm, said this was in response to MEO being told no by Witmer on some minor issue. MEO responded by threatening to stop the flow of money." So Mr. O'Boyle also threatened to not continue funds if you -- A. You're talking about two completely different things. One has nothing to do with the other. Q. This e-mail February 5th, what did that have to do with? A. Marty got pissed off. I don't remember. Marty got pissed off about something. Ryan, to his credit, told Marty no, and Marty is a person that doesn't like being told no. And I remember Marty telling me, "Don't give any more cases to the O'Boyle Law Firm." He didn't ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 110 tell me to give them to anybody else. He just told me to quit giving them to the O'Boyle Law Firm, which caused some consternation on my part because I'm thinking if Marty's objective ultimately is that he is going to fund my advocacy with the hope that my advocacy generates lawsuits, that ultimately his son is going to litigate some of, or most of, or a large portion of. Now all of a sudden he's mad because Ryan told him no about something, it was just -- this was my introduction to a side of Marty that I hadn't seen much of, and thankfully, I didn't get much of it until much later in my relationship with him, what I have heard people refer to as Good Marty and Bad Marty. This was Bad Marty. This was Marty being pissed off and throwing a fit. It blew over. But that had nothing to do with the Barnes & Noble case. Q. You said the Barnes & Noble case was sometime in March? A. I don't know if I said that or not. I don't think I said that, but it may have been. Q. Why don't you flip forward to the timeline, time period of March 26, 2014, March 28, 2014. A. Okay. March 26, you're saying? Q. Correct. A. Okay. All right. O ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 111 1 Q. So is this the -- what it says here is, "Chandler 2 asked the board for authorization to pursue a case, CAFI 3 v. Barnes & Noble to Thomas & LaCicero." This is the 4 case that you are referring to? 5 A. Yes. 6 Q. So that was in March of 2014? 7 A. Yes. 8 Q. What was your understanding of your role as the 9 chief executive of CAFI? 10 A. My role was to be a civil rights activist and to 11 advocate for government transparency, to -- essentially 12 what I have been doing before, which is to come along 13 side citizens, and citizens groups, and civil rights 14 groups, and help them better understand their ability to 15 get access to records, kind of help them navigate the 16 process of getting records. I also made myself 17 available to public agencies. In fact, during the time 18 I was with Citizens Awareness, I had meetings with some 19 public agencies, cities, at their invitation, to help 20 them develop public records policies and training 21 issues. That was my job. And to that end, I bought, I 22 don't know, hundreds of "Government in the Sunshine" 23 manuals from the Florida First Amendment Foundation. We 24 bought boxes and boxes. They were 18 bucks a pop. I 25 bought so many they had to go to a second publishing. I ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 112 gave those away. Anybody wanted one, I gave them away for free. So that was my job. And then in addition to that, my responsibility was to direct Dylan Boucher, who was our intern, then to direct Cathy Zollo. And essentially what they did, I had developed a series of projects that were related to public records, and I wanted them to basically do investigative journalistic type work. We were not intending to be a media organization. The idea was whatever we found, we would either write about on the blog, which we had, or more likely, we would give that information to other -- to news organizations so they could do an expose, which I have done a lot of. And so we -- that was a lot of what I spent my time on. For example, a lot of things that later came to light about the abuses that were going on in the Department of Corrections, school resource officers, that sort of thing. Q. Was any part of your responsibility determining the public records requests to make and the entities to make the public requests to? A. Yes. I was very -- we only had three employees; me, Cathy, and Dylan. And Cathy and Dylan were not allowed to make any public records requests without my explicit authorization. I wanted to see them. I wanted CI)ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 113 1 to see the requests before they went out. No one was 2 making requests -- nobody that worked for CAFI was 3 making any requests apart from my involvement. And I 4 was adamant about that. 5 Q. What about directing lawsuits or determining 6 lawsuits to file? 7 A. Nobody was supposed to be filing them. I was the 8 only person that was supposed to be filing lawsuits, or 9 authorizing them. No lawsuits were supposed to be going 10 out. We had a -- Jonathan and I had a disagreement that 11 Denise was involved with where they wanted to start 12 filing cases that weren't verified complaints, because 13 they felt it was sort of a bottleneck for me to have to 14 review and sign off on all these complaints. And I 15 absolutely refused to do that. No way, no how, we are 16 not doing that. If they don't have my signature, they 17 aren't getting filed. And that wasn't just because I'm 18 a control freak. It was a quality assurance issue. I 19 wanted to be sure that the facts were right. We didn't 20 -- I don't think we filed any cases that were the result 21 of either Dylan or Cathy making a public records 22 request. If I'm not mistaken, and I'm pretty confident 23 all of the cases that I was intending to file were based 24 on facts that I was involved with. And since I was 25 there, or since I was the one that sent the request, ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 114 1 whether I made it in person or by e-mail, it only made 2 sense to me that they be verified complaints. 3 And so it was kind of a hassle. I would have to 4 print them out -- if I wasn't there, I would have to 5 print them out, and I'd have to go find a notary public, 6 and have to overnight them down to the law firm. But to 7 me, it seemed like it was a good practice to be sure 8 that the person who was actually alleging the facts is 9 the person who is signing off on the lawsuit. 10 And I didn't want any other lawsuits being filed. 11 As I mentioned earlier, I was really concerned going 12 into this that my standards for what should and 13 shouldn't be litigated might be very different than 14 other people's. What I have found is over the years, my 15 standards for litigating a case continue to rise. There 16 are cases that I would have litigated two years ago that 17 I wouldn't litigate today. They were great cases, 18 wonderful facts, but I have just become much more 19 discerning about what I wanted to litigate, and I wanted 20 to be the only person that made those decisions. And it 21 was my understanding that was going to be the case. 22 Q. With regards to controlling the litigation, 23 determining settlement amounts, was that also your 24 responsibility? 25 A. Yes. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 115 1 Q. Now, you said that was my understanding of what 2 was to be the case. What, in fact, happened? 3 A. In fact, they were -- "they," being the 4 attorneys, were not consulting me about settlements. 5 And they were acting unilaterally, which I was 6 epiplectic about. I was mad as hell about that. I 7 think I'm a great client. I think most of the attorneys 8 that I have worked with, most of them would say the same 9 thing. The reason I had such a long and flourishing 10 relationship with Thomas & LaCicero is because as much 11 of as asshole as I may be, and as persnickety as I may 12 be, and as much of a flake as I may be, I'm a really 13 good client. And I just have no tolerance for attorneys 14 making unilateral decisions. It's a Bar violation. 15 It's unethical. It's not truthful. It's a bad 16 practice. And I found out that the attorneys were 17 demanding settlement conditions I was not aware of and I 18 would have never agreed to. 19 I have settled cases, my own cases. I have 20 settled cases where I didn't get a penny, not one red 21 cent, not even my costs. I have settled a lot of cases 22 like that. But I don't settle cases -- even when 23 someone is waving a check at me, I don't settle the case 24 unless we resolve the fundamental issue, which is access 25 to records and taking some remedial action. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 116 I am far more interested in fixing the problem and insuring public access than I am in the money part of it. It was clear to me that was not the case with the O'Boyle Law Firm. In addition to that, I found out Marty was directing Commerce Group employees to make public records requests in the name of and on behalf of the Citizens Awareness Foundation. Q. So unbeknownst to you, CAFI was making public records requests to entities that you didn't authorize? A. That's exactly right. People who were not employees of CAFI, they weren't volunteers of CAFI, they had no relationship with CAFI whatsoever other than Marty O'Boyle directed them to make public records requests, and to do it in the name of CAFI. And they weren't particularly sophisticated about it either. They were making it from a Commerce Group fax machine that had their name and phone number on it. And in addition to -- I had a huge philosophical problem with that, and that was exactly the kind of stuff I was concerned about early on, about blurring the lines of independence. And I get it. Marty is a rich guy. He's got a son who's trying to build a law practice. Marty finances Joel's activism, and as a result of that, maybe the O'Boyle law firm gets a bunch ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 117 1 of lawsuits. I don't have a problem with that. I don't 2 have a problem with it philosophically, legally. I 3 don't think there is anything wrong with that as long as 4 it's not, we are not paying Joel to go out and get 5 lawsuits, and as long as we are all transparent. We're 6 demanding transparency from other people. We've got to 7 be transparent. We've got to be an open book. What we 8 are really doing, "we," being the foundation, because 9 Marty is using it as his toy, is he has somebody else 10 making public records requests using a wire, using a 11 telephone, or an e-mail, making public records requests 12 of Gulf Stream, purportedly on behalf of CAFI. It 13 ain't. 14 I mean it's one or the other. Either Marty 15 really does control it and has the authority to do that, 16 which makes it okay, or Marty doesn't control CAFI, and 17 is just this semi senile benefactor who is giving money 18 away to this civil rights organization. It's one or the 19 other. I mean, which is it? That's my problem with 20 this whole thing, right, is that if Marty has the power, 21 if he really does have control over CAFI so that he can 22 direct people to do things on behalf of CAFI, then it's 23 not independent. It is marty's instrumentality, which 24 is what I have been contending all along. Or somebody 25 was committing wire fraud, sending out public records ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 118 1 requests to a public agency in the name of CAFI when 2 they don't work for CAFI, have no affiliation with CAFI, 3 and aren't authorized to do it. It is sort of one or 4 the other. If I seem animated now, just imagine how 5 fucking livid I was when I found out this shit was going 6 on. I went fucking ape shit. I had a meeting. I 7 demanded a meeting with Bill and Denise, and I was just 8 as brutally blunt as I can be that either this shit 9 stops or I was going to quit right fucking then and 10 there. 11 And to kind of put this in context, I drove my 12 own car instead of a rental -- I was renting a car this 13 whole time. They never bought a new car, which was 14 fine. We figured out it was cheaper for me to rent a 15 car. I didn't take a rental car down that day for that 16 trip. I drove my own car, and I checked out of my hotel 17 room that morning, fully intending that I was going to 18 be driving back home unemployed after this meeting. And 19 Denise had this very condescending tone, "You're not 20 going to quit a $120,000 a year job." 21 My response was fucking watch me. You fucking 22 watch how fast I quit. We aren't doing this. I'm not 23 going to be part of this. Either -- either we are going 24 to do it like straight arrows, or we're not, because I'm 25 not going to be part of it. That's when I got the ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 119 1 whole, "That's the way Big Daddy wants it, and if Big 2 Daddy doesn't get it that way, he's going to turn of the 3 spigot of money." 4 And my response was to Bill was well, this Big 5 Daddy ain't going to do it that way. And Bill was like, 6 oh, so it's just a pissing match between you and Marty, 7 and I was like yeah, watch who wins. I'm not going to 8 do this. I've got no problem going toe -to -toe with the 9 biggest swinging dick in Florida. I'll sue the 10 governor, I'll sue whoever. I don't care. I am not 11 even slightly intimidated by law enforcement. I will 12 stand up and advocate for the little old Black lady, and 13 I'm more than happy to throw down in court with any 14 mother fucker who wants to fuck with somebody like that. 15 But we are going to do it by the book. We are going to 16 be straight arrows about it. I'm not going to do -- as 17 I explained to them in a memo, written memo, where I 18 warned them that I was going to quit if this shit didn't 19 stop, if you're going to go after the man, if you are 20 going to fight the establishment, they are going to look 21 for every opportunity they can find to fuck with you. 22 And I have experienced that firsthand. I don't trust 23 the establishment any farther than I can throw it. It's 24 utterly, completely, totally corrupt. And knowing that 25 that's the way the system works, why make it easy for ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 120 them? So my blood pressure was probably slightly elevated during this whole time. Q. Understood. So just so I'm clear, who was the -- where were these public records requests being sent from CAFI? A. Very sweet lady named Jill Muller, who was the receptionist at Commerce Group, who I greeted every time I went in and out. She always had this big stack -- her desk was -- it was just kind of overwhelming, the stacks of stuff she had on her desk. I didn't really pay any attention to it because she didn't work for me, and she was -- she wasn't even a coworker. She was just somebody who worked at an office that I sometimes went to. And then to and behold, I don't remember off the top of my head, maybe it will come to me, how it came to my attention, but it turns out these were all public records requests that were being sent out. These stacks of things were public records requests that she was being instructed to send out in the name of CAFI. Q. Where are these public records requests being sent? A. Gulf Stream. Q. All of them to Gulf Stream? A. I can't say that all of them went to Gulf Stream. O ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE Many of them went to Gulf Stream. February 24, 2016 121 Q. Was it fair to say the vast majority of the them A. That's my perception, yes. Mathematically, I can't say that definitively. I don't take any of thi: personally, the public records litigation stuff, I don't. I take the civil rights stuff very personally. When I see the state trying to destroy some young black kid, or when I see the state talk about -- making jokes about using a peaceful civil rights rally as an opportunity for a K9 exercise, or when I find out the sheriff of Polk County is sending undercover minority deputies in to infiltrate Black churches -- and I don't mean just attend, I mean infiltrate, like COINTELPRO, J. Edgar Hoover bullshit. I take that very personally. But I don't take public records stuff personally. I don't have an ax to grid with Gulf Stream, they fucked up, I sued them. I'm not mad about it. I hope they're not mad about it. I hope we fixed the problem. We wrapped it up for $1,200, we move on, no problem there. But I was not interested in using my talents as Marty's instrumentality to exercise some vendetta he's got against Gulf Stream. There's just way more interesting thing to me. Gulf Stream is this little tiny town filled with C)ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 122 1 millionaires who are in a pissing match, and they've got 2 some blood feud going on. I don't really give a shit 3 whether Marty doesn't like Scott Morgan, or Scott Morgan 4 doesn't like Marty. I don't care. They are a bunch of 5 rich people who are entitled, and I don't give a crap. 6 I wanted to spend my time working with poor people, 7 helping them be able to defend themselves against the 8 prosecution of the State, or discovering that a school 9 resource officer supplied to the Hillsborough County 10 School District by the Tampa Police Department, while he 11 was a school resource officer, was under investigation 12 for aggravated sexual battery on a minor. That's the 13 stuff I'm interested in. 14 And to find out what was happening was that Marty 15 was having somebody who didn't report to me, didn't work 16 for the foundation, using the foundation and its name 17 and its resources and my association with it, just as 18 this instrumentality to screw with Gulf Stream, I just 19 didn't want any part of that. What made it worse was 20 that we weren't being honest about it. 21 Q. Why weren't you being honest about it? 22 A. When I say "we," I don't mean me. I mean the 23 foundation, because you have somebody who doesn't work 24 for the foundation making public records requests in the 25 name of the foundation, and they are transmitting that ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 123 1 by fax or e-mail. That's wire fraud. I'm not a lawyer, 2 and I'm not really in a position to draw any legal 3 conclusions, but I'm pretty sure that's fucked up. 4 Q. Was the O'Boyle Law Firm filing lawsuits without 5 CAFI or your authorization? 6 A. My recollection is that one lawsuit got filed 7 against Gulf Stream that I didn't know about until after 8 the fact. And again, I went ape shit. 9 Q. So O'Boyle Law Firm had whatever records requests 10 they sent to Gulf Stream -- 11 A. A request that I didn't make, but alledgedly was 12 made on behalf of the foundation, and then the 13 foundation, without my authorization or knowledge, files 14 a lawsuit against Gulf Stream. And by the way -- and I 15 don't remember even the causes of action in this 16 particular instance, but I do remember thinking this is 17 a shitty lawsuit to begin with. It doesn't meet my 18 standards, which I readily acknowledge are impeccable 19 and extraordinarily high, which is why I win, which is 20 why I think the litigation I do is, in fact, good 21 advocacy. 22 And in spite of the bullshit that the Florida 23 League of Cities tries to say I file all these lawsuits 24 and I'm trying to get rich, I haven't gotten rich, 25 number one, and I only file on a tiny, tiny percentage ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 124 1 of the violations I witness, because I would much rather 2 use other means to get compliance than litigation. 3 Litigation is the last resort. They make it sound like 4 it's a hair trigger and it's gotcha. It's not. I ask 5 for records, they don't give it to me, I beg them, I 6 plead, I try to work with them. They give me two middle 7 fingers, then I file suit. 8 That's not what was happening here. This was 9 let's -- I think fraudulently, dishonestly, with no 10 integrity, let's use this foundation to harass Gulf 11 Stream. And I don't have any problem -- I just want to 12 be really clear. Making the request is not the abuse. 13 It's making it saying you're the foundation when you're 14 not. That's the problem. 15 Had I been told at the beginning, part of the 16 deal -- we are going to pay you $500,000 a year. We are 17 going to give you a million dollars a year as an expense 18 account, and hell, we will buy you a Rolls Royce. But 19 part of the deal is we are going to pound the shit of 20 out Gulf Stream with thousands of public records 21 requests, I would never have agreed to it. 22 I think the fundamental misunderstanding of both 23 sides here, I think what Marty still doesn't get, and 24 what I'm confident the League of Cities doesn't get is 25 that I don't give a fuck about the money. I don't. I ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 125 1 care about civil rights. I care about access to 2 records. I care about people doing the right thing, 3 and let's all play by the rules. And that's why Marty's 4 done all the stupid shit that he's done trying to fuck 5 with my life. And this is why the Florida League of 6 Cities is backing this ridiculous, absurd legislation, 7 which, by the way, will do nothing to stop Marty 8 O'Boyle. Let me know if I wasn't clear about any of 9 that. 10 Q. Let's go back to -- you said that you became 11 aware that the O'Boyle Law Firm was settling lawsuits 12 without your knowledge? 13 A. Yes. We weren't getting closing statements, 14 which was a problem. There was no -- at least none that 15 I executed. There were no fee agreements. There were 16 no engagement letters, which is an issue I raised 17 repeatedly. I thought it was deeply problematic for a 18 lot of reasons. One is I think it's important to -- 19 again, we are going to ask people to be transparent. We 20 need to be willing to be transparent. We need to be 21 sure we're documenting what we do. I think that you -- 22 if I were contacted, as I sometimes am, by a publicly 23 operated agency who is being sued over a public records 24 lawsuit, one of the first things I would tell them to do 25 -- I have given advice on this issue. You have to take ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 126 1 a clinical approach. You need to be dispassionate. Was 2 there a violation? Even if you want to call it a 3 technical violation, was there a violation? If the 4 answer is yes, admit liability -- produce records, admit 5 liability, and demand a fee hearing. And when you get 6 to the fee hearing, one of the first things you need to 7 do is demand to see the engagement letter. If there 8 isn't one, I would dispute any liability for the fees. 9 The Florida Bar is very clear about this. If you take a 10 case on a contingency, there's got to be an engagement 11 letter. 12 I was concerned about that happening to us, but 13 that never got rectified. And there were cases that I 14 think were being filed without my knowledge, at least 15 one I know of against Gulf Stream. And I think there 16 were settlements that were being negotiated that were 17 not in conformity with my wishes as the executive 18 director of CAFI. 19 Q. Were there settlements that were being negotiated 20 that were in excess of the fees, in fact, incurred? 21 A. Yes. And that was that was one of the issues. 22 You know, if I file a lawsuit against -- let's say a 23 state contractor whose contract explicitly makes them 24 subject to the Public Records Act. The facts of the 25 case are clear, it's an egregious violation, there's no ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 127 dispute of the facts. Very often those result in a settlement. And those settlements always include at least two things, and one is that they have to produce the records, or if they produce the records, they have to affirm they have produced all potentially responsive records, because unfortunately, as a requester, I don't always know what records you may or may not have that are fully responsive. So you gave me two records. I don't know if there are ten. Secondly, you have to agree to take some remedial actions. I don't want to have to come back and sue you again. I want you to actually fix the problem. So training, getting a sunshine manual and placing, keeping it in the lobby were records are normally created, received, or maintained, those are always two non-negotiables for me. The third is if you want me to forego my right to be vindicated in court, you are asking me for something you are not entitled to, because during the litigation, the only thing either one of us is entitled to is due process. I very often will invite defendants to agree to a modest monetary settlement for my time, and effort, and frustration, having to dick around with them making them do the right thing, which they should have been doing in the first place, which, by the way, they have 0e ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 128 1 been paid to do. I don't think there is anything wrong 2 with that. I think it's entirely ethical. I think it's 3 entirely appropriate. It's the policy of the State of 4 Florida, according to the Florida Supreme Court, to 5 encourage settlements, otherwise the courts would be 6 clogged. 7 I think it's an entirely different matter when 8 you are an attorney, and as part of the settlement 9 negotiation, you are implying, suggesting, or stating 10 that your legitimate, reasonable billables are $5,000 11 when they are only $2,000. I think that's really 12 problematic for a lot of reasons. One is it's an 13 integrity issue. But beyond that, what happens to the 14 windfall? Because I have been telling legislators, and 15 I've been telling members of the press that CAFI was not 16 making money from public records litigation, we weren't 17 getting any of that money. So if the O'Boyle Law Firm 18 is billing at, say, 250 an hour, and they've got 10 19 hours in a case, and they have another $500 in costs, so 20 now they have $3,000, why would you ask for $4,000 or 21 $5,000? And if the defendant pays that, what happens to 22 that extra $1,000 or $2,000, where does it go? I don't 23 want it. I don't want the foundation getting it. And 24 it sort of mystifies me. You are paying an attorney 25 $60,000 a year to sit there and churn out public records ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 129 1 lawsuits. That's $25 an hour. You are billing them out 2 at $250 an hour, and I can give them more cases than 3 they know what to do with, so it's not like they aren't 4 working all 8 hours a day. Why get greedy? What's the 5 point. Why do you need to ask -- you are making a bunch 6 of money. There is a lot of profit in a case of $2,500 7 if you are billing out at $250 an hour. There is a lot 8 of profit in that, especially when you've got more cases 9 than you can keep up with. 10 But I found out that, in fact, they were just 11 making up numbers and demanding monetary portions of 12 settlements that could not be justified by their 13 billables. 14 Q. Did you ever review or receive any billables or 15 time records for O'Boyle Law Firm? 16 A. No. I didn't get any closing statements, which 17 is one of the reasons I wanted to see them. This isn't 18 my first rodeo. I have run into a similar issue with 19 another attorney before that. Come to find out, they're 20 settling for a whole bunch more money than they're 21 telling me about. Regular folks, that's called 22 stealing. For attorneys, maybe they have a special word 23 for it. But for the rest of us, it's stealing. 24 And this ultimately reared its ugly head just 25 days before I resigned. I resigned June 30th, and I was ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 130 1 contacted the week before that by a very nice gentleman 2 who was the executive director for a nonprofit that has 3 a state contract, I believe with either Department of 4 Corrections or Department of Juvenile Justice called 5 Miami's River of Life. He's an African-American 6 gentleman. And as an attorney, you will appreciate 7 this. So imagine you have the defendant or corporate 8 representative of the defendant contacting the corporate 9 representative of the plaintiff directly, not going 10 through attorneys, which was very unusual. And he and I 11 had a lovely conversation. Turns out, just kind of 12 funny how the world works, turns out this gentleman and 13 I have a whole bunch of common acquaintances. I move in 14 those circles and so does he. And we start, well, you 15 know brother so-and-so, and pastor so-and-so, and sister 16 so-and-so? Yes, I just had dinner with them. 17 And he basically says, "We blew it. We got the 18 public records request," which I made on behalf of CAFI. 19 Yes, we didn't respond the way we should have. We are 20 wrong. We want to fix the problem. I went to your 21 1 website, your Fog Watch website, which is my personal 22 blog. I saw that you do training for people, and you 23 don't charge anything for it, and you want to help 24 people comply. I talked to brother so-and-so, and he 25 told me you're a good guy and you're willing to work ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 131 1 with us. Absolutely. 2 He's doing everything that I could possibly want 3 a defendant to do. He's admitted liability. He's 4 trying to fix the problem. He said, we offered to 5 settle for $500 and the O'Boyle Law Firm said no. I 6 told him, you know, in all fairness, they've got that in 7 costs plus they're going to have some attorneys fees. 8 It's going to be more than that. I don't know how much 9 it is. I asked him, what did they offer? And he -- I 10 think the number he told me was $4,000, which struck me 11 as awfully high, given they are using a template. The 12 lawsuit they are using is a template that I wrote. This 13 is plug and play, mail merge, and it takes 15, 20 14 minutes to do a complaint. 15 So I call Nick Taylor, who is one of the 16 attorneys at the O'Boyle Law Firm, and I talk to him 17 about it, and he told me they had -- you will have to go 18 back and look at the documents that I have provided Bob 19 Sweetapple earlier. I want to say that e-mail said 20 something to the effect that they had $2,000 -- less 21 than that even, $1,500 in costs, costs and attorneys 22 fees at $250 an hour. So my question to Nick was why in 23 the hell are you asking this poor Black guy who is 24 running a nonprofit trying to help drug addicts, why are 25 you demanding $4,000? His response was that's the ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE O'Boyle Law Firm policy. February 24, 2016 132 MR. DESOUZA: Joel, before you continue, and not to interrupt the flow of all of the questions and answers here, I'm just going to assert a standing objection. There's obviously issues going on in other litigation, Joel, that you're not aware of. As to privilege and CAFI communications, what you have disclosed already, but basically CAFI has taken the position that while you were -- whatever your position was with CAFI, your communications with its attorney 11 of a legal nature such as what you are describing 12 right now, are privileged. You didn't have the right 13 to waive that privilege after you left. You may 14 dispute that. Sweetapple's lawyers may dispute that. 15 I'm just stating on the record, that is an issue that 16 has been made. CAFI is standing by that assertion of 17 privilege. And what you testify about today, CAFI is 18 not backing off of that privilege assertion at all. 19 And I guess in due course, at some point in time, 20 those issues will be resolved. 21 THE WITNESS: Dually noted. And just so you 22 understand my rationale for the record, since Marty 23 decided to raise this issue himself during my 2004 24 examination on his bullshit fishing expedition, I'm 25 going to assert that that privilege has long since ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 1 1 been waived. February 24, 2016 133 2 MR. DESOUZA: Look. I -- 3 THE WITNESS: Dan, Dan, I'm not going to argue 4 with you about it. I'm going to answer the question. 5 MR. DESOUZA: I'm just saying, I don't have the 6 ability to tell you not to answer the question. 7 THE WITNESS: Only one of us can talk at a time, 8 and I'm the star of the show here for the time being, 9 so just let me answer the question. I have heard 10 everybody's objections, dually noted. Just zip it for 11 a minute. 12 I talked to Nick Taylor about this. He told me 13 it was the policy of the O'Boyle Law Firm to do 14 settlement negotiations that way. I sent him an e- 15 mail memorializing that conversation, asking him to 16 confirm that was what was said. And he, moments 17 later, sent me an e-mail back, and this e-mail has 18 been provided to everybody at this table. He 19 confirmed that, that was, in fact, the policy. That 20 was on a Friday. I drove down to Deerfield Beach on 21 that following Monday, which was June 30th, and I 22 resigned. That was the straw that broke the camel's 23 back. 24 And just so we are clear, I already warned the 25 board in writing and verbally that I anticipated that ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 134 1 if things did not change, I was going to resign. But 2 once it became clear that it didn't matter what I 3 said, didn't matter any objections I made, my opinion, 4 my view as the executive director of CAFI was 5 irrelevant. Their view was that I was their whore 6 that was supposed to go out and gin up public records 7 lawsuits and ethics, advocacy, doing what is best for 8 open government in Florida, it doesn't really matter. 9 It's just about ginning up legal fees. I'm out of 10 here, so I quit. 11 MR. GOLDSTEIN: First, Dan, I would ask you to 12 refrain from speaking objections. If you want to 13 object under privilege, that's fine, but again, please 14 refrain from speaking objections. 15 BY MR. GOLDSTEIN: 16 Q. So just so I'm clear by your position, it's that 17 it was your understanding that the purpose of CAFI was 18 to drum up public records lawsuits to feed them to the 19 O'Boyle Law Firm to drum up fees? 20 A. You asked me if that was my understanding? 21 Q. That was your impression of what was occurring. 22 A. No. That's what was occurring. That wasn't my 23 impression. That's what was occurring. That was not 24 what I was told when I was hired. And for the first few 25 weeks or couple of months, it seemed like they were ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 135 going to pretty much let me do my thing and everything was cool. But once Denise DiMartini started getting really involved, and started sending me e-mails telling me I had a quota, and I had to do 25 lawsuits a week, 100 lawsuits a month, where are the lawsuits? Bring in more lawsuits. When I realized she was managing the law firm, she was actually managing the law firm meetings where they were discussing not only CAFI cases, but other client cases, clients that I referred to them, and clearly violating attorney-client privilege, when it became clear that Denise was trying to pressure me into the unlicensed practice of law by directing me, as a non -attorney, to draft lawsuits, I knew the handwriting was on the wall. And I was -- I took weeks. I agonized over this decision to quit, I really did, for a whole lot of reasons. And I talked to -- I think I talked to 13 or 14 attorneys about this, about what was going on. And trying to get two attorneys to agree on anything, as we have seen today, is nearly impossible. But trying to get 13 or 14 to all say the same thing is pretty shocking. Well, the response was unanimous. And over and over again, what I got was, why are you still there? You have got to leave. You can't continue to be a part of this. So I think I was 99.9 percent of the way there. OESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 136 1 Then when I had that exchange with Nick Taylor, I just 2 made up my mind that I was done. 3 Q. Now, you said Denise DiMartini told you that you 4 had a quota? 5 A. Yes. She kept demanding that I produce 100 6 lawsuits a month, which, by the way, just so we are 7 clear, one of the great -- one of many ironies of this 8 whole thing is that I was there starting on January 9 27th. So let's just call it February, March, April, 10 May, and I left at the end of June. So I was there for 11 five months. During that time, I probably -- I would 12 estimate that the total number of cases that I generated 13 that could have been ultimately referred to the O'Boyle 14 Law Firm with perfect facts was probably between 400 and 15 500 cases. All of those didn't get referred to the law 16 firm because, towards the end, I just -- I was still 17 doing my thing, but I wasn't sending a bunch of cases to 18 them. They weren't keeping up with what I already sent. 19 They could have had -- had they just left me alone, and 20 had we all just played by the agreement that we 21 originally had, they could have had what they wanted. 22 Jonathan could have had, I think, an enormously 23 successful law firm, and I think I could have had a very 24 fruitful career as a civil rights activist, and I think 25 the citizens of Florida would have benefitted enormously ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 137 1 from the work that I could have done at CAFI. But 2 instead, they just ignored what I kept telling them: If 3 you do this, it's going to blow up in our faces. 4 Q. To your knowledge, was Jonathan O'Boyle involved 5 in the O'Boyle Law Firm meetings and discussions and 6 directing how things were done? 7 A. Yes, yes, yes, I was in the room when he did it 8 repeatedly. He was directing -- early on, it was stated 9 that Jonathan doesn't have his law license yet, so 10 technically he can't direct anybody. Ryan is the 11 managing partner. He is the Florida licensed attorney. 12 Jonathan is licensed elsewhere in this multi -state law 13 practice. So there was a clear acknowledgment that 14 that's what was supposed to happen, but that's not what 15 happened. Jonathan, I mean, I was in the room. I was 16 standing next to him when he would direct attorneys on 17 litigation strategies and settlement strategies. 18 The debate that I had with Nick about all of this 19 at the very end was that's the way Jonathan wants to do 20 it. My response was I don't give a fuck how Jonathan 21 wants to do it. It's not his decision. He's the 22 fucking attorney. He's not the client. I mean, the law 23 is a noble profession. And I'm going to sound like a 24 racist when I say this, but some of my best friends are 25 attorneys. But the fact is, at the end of the day, the ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 138 attorney works for the client, not the other way around. And I understand that some attorneys get all worked up because they went to law school, and they got a degree hanging on the wall, and a mountain of student loans they've got to pay off and will be paying off until they are 60 years old. And they are really indignant when they think some layperson is going to tell them what to do, but that's the way it works, or at least that's the way it's supposed to work. And I think the O'Boyle Law Firm had great difficulty understanding that. MR. GILL: Can we take a break? MR. GOLDSTEIN: Sure. (Recess from 3:09 p.m. to 3:21 p.m.) BY MR. GOLDSTEIN: Q. You resigned from CAFI in June of 2014? A. Yes, June 30th. Q. And you said prior to resigning, you had discussions with several lawyers. I think you said 12 or 13? A. 13 or 14, I don't remember. Q. Did you recall the lawyers, the names of the lawyers you spoke to? A. Some of them, yes, off the top of my head, Greg Thomas, Ana Clara Anderson, Barbara Peterson, John Toracco, Keith Merit. I would have to go back and look. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 139 There were a bunch. Q. They all had the same response to you, why are you still there? A. Yes. You need to leave. Why are you still there? Q. Now, following your resignation, did you have any -- strike that. Did you assist the O'Boyle Law Firm in any way in terms of how to handle public records request lawsuits? Did you go with them to any seminars? Did you draft any formal complaints for them? A. That's kind of a compound question. Q. Well, we'll take it one at a time. Did you go to any seminars with the O'Boyle Law Firm on public records or First Amendment issues? A. Not that I recall. MR. DESOUZA: Josh, are you asking the questions during his employment or after? MR. GOLDSTEIN: Scratch the after, but I was discussing while he was still employed. MR. DESOUZA: Okay. This is only from January to June, that timeframe? MR. GOLDSTEIN: Correct. THE WITNESS: The only thing that would even approach that was the luncheon that we had in r� ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 140 1 Tallahassee. The First Amendment Foundation every 2 year does an awards luncheon at the Governor's Club, 3 which is attended primarily by newspaper publishers 4 and members of the Florida government. At my 5 suggestion, the foundation sponsored a table there. 6 We paid $1,000 for a table. The Speaker of the House 7 was there, and the President of the Florida Senate sat 8 with at our table, somebody who I know. And at my 9 urging, the O'Boyle Law Firm, several of the 10 attorneys, four of the attorneys from the O'Boyle Law 11 Firm flew to Tallahassee to attend that. But it 12 wasn't really a seminar. It was more of a luncheon. 13 The only other thing I can think of that would 14 have been a seminar would have been things I did. I 15 actually did an open government seminar very early on 16 within the first couple of weeks of working for the 17 foundation. I did an open government seminar. There 18 were some -- a few civil rights activists who attended 19 it, and Giovanni Mesa, who is one of the attorneys who 20 I like very much, by the way, a real gentleman, 21 attended that seminar where I kind of did my dog and 22 pony show about Public Records 101. 23 Very early on I did have a one-on-one, a very 24 lengthy one-on-one discussion with Marrett Hanna, who 25 is one of the attorneys with the O'Boyle Law Firm, ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 141 1 about open government issues generally and about what 2 I do. But I do recall us going to somebody else's 3 seminar. 4 1 BY MR. GOLDSTEIN: 5 Q. The First Amendment Foundation luncheon, who 6 purchased the table? 7 A. The foundation did. I made the arrangements to 8 do that. 9 Q. And do you know how the members of the O'Boyle 10 Law Firm got to the luncheon? 11 A. They told me they flew. My understanding from 12 them was they chartered a private plane and flew up the 13 morning of the luncheon. I remember this because I was 14 actually in Deerfield Beach at the offices, and I had 15 been suggesting that we do this for some time. One, I 16 wanted to give support to the First Amendment 17 Foundation, which I have been a member of for a number 18 of years. They do extraordinarily fine work. One of 19 the other ways we supported them is we bought hundreds 20 of these Sunshine manuals, which is one of the minor 21 sources of revenue for the first amendment foundation. 22 And I thought it would be an really excellent 23 opportunity for the O'Boyle Law Firm to get some 24 exposure as a business, because you have newspaper 25 publishers who are some of the principal litigants in ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 142 1 open government issues. And you are sitting with some 2 of the most powerful people in the State of Florida, 3 people who actually make a difference when it comes to 4 public records legislation and developing a rapport with 5 these folks, I think, is a good thing. 6 It took some convincing. They seemed sort of 7 reluctant to go. I think it was two days before the 8 luncheon. I was in Deerfield, because my wife and I 9 drove up the day before, spent the night at a hotel in 10 Tallahassee, and then attended the luncheon. There was 11 a lot of debate about whether the O'Boyles were going to 12 fly, fly commercially, or drive, or whatever. And even 13 at one point I suggested we all drive together, because 14 I figured if nothing else, we could have some 15 conversations about open government issues, or even, 16 frankly, they could get some billables because we could 17 talk about some of the cases, particularly the cases 18 that were being litigated. 19 And I remember vividly because they were supposed 20 to come up the night before. We had actually talked 21 about all trying to stay at the same hotel. And I 22 remember sitting in their office talking with their 23 paralegal about making those hotel reservations, and 24 they had settled on staying at a Best Western. My wife 25 and I ended up staying somewhere else because they ended ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 143 1 up not coming until the morning. I remember because 2 they were late getting there, even though they flew. 3 Q. So they had booked a hotel; is that what you're 4 saying? 5 A. My understanding is they booked a hotel. 6 Q. Was there any issue with that hotel subsequently 7 that you are aware of? 8 A. My understanding is that they booked the hotel 9 reservation, and then they did not use the hotel 10 reservation. And in an effort to get out of paying for 11 it, they -- the story I heard was they claimed -- they 12 had disputed the charges on a credit card by saying they 13 had showed up to check in, and the desk clerk wouldn't 14 let them check in and gave their rooms away, which if 15 that story was true, would be utter nonsense, because 16 they didn't show up until the day of. 17 Q. You testified previously that you had sent the 18 O'Boyle Law Firm something between the range of 400 or 19 500 cases during the time that you were at CAFI; is that 20 correct? 21 A. Yes. 22 Q. And were all of those suits, in fact, filed, to 23 your knowledge? 24 A. All of those suits filed? No. 25 Q. How many suits, during your time at CAFI, do you ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 144 believe were filed? A. Say that again. Q. While you were at CAFI, how many public records suits were filed in the name of CAFI? A. I don't know. Q. Do you know who paid for the filing fees for these lawsuits? A. The law firm did, as far as I know. As far as I know, CAFI didn't pay for them. Q. So as far as you know, there were no checks written for the filing fees? A. Not that I know of; that was not really my province at the foundation. I didn't have anything to do with finances. Q. Now, you said you had to review all of the complaints before they were filed. That is what your requirement was, and you wanted them verified with your signature. A. Say that again. Q. You testified earlier, if I recall correctly, that it was your position that you wanted to review and verify all of the complaints filed on behalf of the foundation prior to them being filed. A. Yes. Q. How many suits are you aware of that were filed r, -)ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 145 that didn't have your signature? A. I don't know. Q. Are you aware of any suits that were filed -- A. Yes, I believe some were. Q. Were some of those suits the ones that were filed against the Town of Gulf Stream? A. I believe at least one of them against the Town of Gulf Stream. Q. During your time at -- well, during the time where you started having concerns while you were at CAFI, who did you express those concerns to? A. Marty, Denise DiMartini, Bill Ring, Jonathan O'Boyle, Ryan Witmer, Giovanni Mesa, Nick Taylor, and Marrett Hanna. Q. Did any of them share in your concerns? A. Yes, I believe they did. At least they said they did. Q. Which of the individuals that you spoke to said they had shared in your concerns? A. Ryan Witmer, Giovanni Mesa, and Marrett Hanna. Q. Do you recall, was there any -- what specifically did Ryan Whitmer express to you? A. "We're going to fuck this up." That's a direct quote. Q. What about Giovanni Mesa or Marrett Hanna? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 146 A. I think that Giovanni, I think expressed concerns about just the -- how things were being done, a lot of the same ethical concerns that I had about the settlements, about trying to maintain an appearance of propriety with respect to the nature of the relationships between Marty and the foundation, and the foundation and the law firm, about the fact that Denise DiMartini, who is not an attorney, was directing the attorneys, that Jonathan, who is not an attorney, was directing attorneys. Marrett had many of the same concerns. In fact, when I mentioned to you earlier, one of the sticking points Marty and I had was he did not want me doing any pro se work once I went to work for them. And I actually had several pending cases that had been filed prior to my going to work for the foundation. And even though I think technically, because they had been filed before, that wouldn't have been a violation of my agreement with Marty, I wanted to wash my hands of it and wanted to concentrate solely on my responsibilities to CAFI. So I retained the O'Boyle Law Firm to represent me in those cases. And I think there were three, maybe four. And Marrett, who was assigned to at least one of those cases -- and I was very pleased with her work. ! ()ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 147 1 She and I really -- and I would say the same thing about 2 Giovanni, and to a very large extent, the same thing 3 about Ryan. I think we all kind of clicked on the same 4 wavelength, Marrett and I probably more so than anybody 5 else. She seemed deeply concerned about ethics. I 6 think she was very concerned about the potential 7 ramifications to her career if things weren't done in a 8 way that was above board. I think she had a real 9 concern about going after public agencies, and the cost 10 to tax payers, and wanting to be sure that if we sued 11 public operative agencies, municipalities, for example, 12 that we really had tried to resolve things without 13 litigation. And I think to a very great extent, I put 14 her mind at ease that was not how I did things, that I 15 wanted to -- she and I shared the same concerns. 16 I actually, during one of her discussions with 17 opposing counsel, one of my personal cases, I actually 18 sat in on that. I didn't talk. She had me on speaker 19 phone and I listened, mainly because I wanted to see how 20 she did it. Not only for my own cases, but I thought 21 that might be an indicator of how she was for cases for 22 CAFI. And I was very impressed. I thought she was very 23 knowledgeable. She was dispassionate in her discussion 24 with opposing counsel. She didn't make it personal. 25 In spite of my being very pleased with her ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 148 performance in representing me personally, she was, without my knowledge, consent, no discussion with me, she was removed by Jonathan from managing my cases, and Ryan stepped into her place. I was very pleased with Ryan's work, but I had a huge problem with them just unilaterally deciding that this attorney I was very pleased with was -- they didn't discuss it with me. I cannot imagine any -- I cannot imagine Thomas & LaCicero pulling a stunt like that. Why would somebody do that? And I think there were just deep philosophical differences. The impression that I got was she was being marginalized. She was excluded from meetings, and that it was unfortunate. It's kind of ironic, because of all of the attorneys that I worked with there, she was the one that without a doubt, I had the greatest One of the things that I have come to appreciate in an attorney is someone who is willing to tell me no, and somebody who is willing to challenge my assumptions and my assertions. And she was very willing to do that. She was willing to be the devil's advocate when we would discuss cases. She and I didn't always agree, but I think it's important when you have an attorney that they are dispassionate and they try to take a clinical approach to things, and sometimes that requires them O ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 149 1 challenging the assertions of the client. The client 2 still gets to make the final decisions as long as they 3 are ethical and legal. I don't think that that was a 4 good fit for what was going on at the O'Boyle Law Firm. 5 She was not somebody who just would do what she 6 was told to do without questioning things, and I 7 applauded her for that, and I think it cost her her job. 8 Q. So it resulted in being terminated, to your 9 knowledge? 10 A. I don't know whether she was terminated, or she 11 quit. She certainly did not leave on good terms. That 12 is the impression I have gotten. She and I have talked 13 a few times since she left. We don't keep in close 14 contact. I think she was the exceptional attorney of 15 the group. I think that Giovanni had real promise. I 16 don't know what he's doing now. I don't know if he's 17 still there. I have nothing but warm regard for 18 Giovanni, both professionally and personally. I feel 19 very much the same way about Ryan. I think Ryan was 20 sort of in a no-win position. 21 Here you have somebody basically handing you a 22 partnership in a law firm on a silver platter, and it 23 looks like great, and you have a great opportunity. But 24 like I said, his exact words to me was, "We're going to 25 fuck this up. We are the ones that are going to mess it ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 150 up. It's ours to lose, and we are going to lose it." And it was because of all of this silliness. If you -- I recognize that many of the Bar rules are somewhat archaic. But for the most part, I think they are there for a good reason. There is a reason why you have an engagement letter. There is a reason whey you have a retainer. There is a reason why there is attorney-client privilege. There is a reason why the client ultimately, as long as it's legal and ethical, makes the decisions. These are tried and true practices, and that's the way it's supposed to be. I think they had great difficulty with that. Q. The three lawsuits that you were handling initially pro se, were they brought to conclusion while you were still at CAFI? A. My recollection is that they were. If I'm not mistaken, there was some debate about the settlement amounts, which again, if I'm pro se, it's one thing for me to make a settlement proposal for something I'm not entitled to. They're asking for something they're not entitled to. They want the case dismissed. They are not entitled to that. I'm not entitled to money. That's the whole nature of the settlement negotiation. We are going to ask for things we are not entitled to and try to come to some accommodation. It's legal, r� ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 151 1 ethical. That's the way it's supposed to work. 2 It's another thing entirely when you begin to put 3 it in the context of these are fees that we have earned. 4 If you haven't earned them, but you're say that you 5 have, that's problematic. And it's particularly 6 problematic whether you're doing it without discussing 7 it with your client. 8 1 Q. So were those cases settled with your knowledge 9 and discussing with you, or were they just settled 10 without your knowledge? 11 A. I mean, ultimately, I executed the settlement 12 agreements, if I'm not mistaken. But the machinations 13 of that, I don't think were entirely transparent to me. 14 And I have been spoiled. Thomas & LaCicero, for 15 example, they have been doing this a long time, and they 16 are very, very good at what they do. And they are, you 17 know, almost agonizingly scrupulous. But they don't -- 18 I mean, my instructions to them -- if there was -- Greg 19 Thomas is somebody I would literally trust with a 20 million dollars cash. I would trust him with my life, 21 and I mean that literally. I would trust him with my 22 life. But even with that relationship, and I have never 23 had a negative experience with Thomas & LaCicero in the 24 however many years they have represented me, but they 25 are not allowed to send communications to opposing ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 152 counsel without my seeing it. They don't file anything without me looking at it first. It's not that I don't trust them. It's I want to know how the sausage is made. And that, by the way, is how I figured out how to do pro se litigation. I'm sure I was a pain in the ass, because I wanted to see every little thing they did, and they were very gracious about letting me see it. So I have very little patience with attorneys who want to pat me on the head and do things without me knowing about it. That's a sure fire way for me to fire an attorney. Q. Are you aware as to whether or not any of the settlements that were negotiated by the O'Boyle Law Firm on behalf of CAFI, if the settlement amounts were ever paid by an entity's insurance carrier? A. I don't know. Again, I didn't get closing statements. I was not given the detail -- level of detail that I was accustomed to or wanted, which was a beef that I had with them ongoing. Q. So would you agree that the settlements would become further problematic if they were, in fact, with insurance carriers, and the amounts that were due that the settlement was for, was for more than what was, in fact, attorneys fees that were accrued? MR. DESOUZA: Objection, form. I'm not sure what ( el ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 153 1 you're asking. 2 A. This is why seeing communications with opposing 3 counsel is so important to me. I think it would depend 4 on how you couch it. At a risk of sounding like Bill 5 Clinton, it depends on what definition of "is" is. If I 6 say to you that our attorneys fees are $5,000 when 7 really our attorneys fees and costs are only $2,500, 8 then I think that is potentially fraudulent. If on the 9 other hand you say that my client has authorized me to 10 offer to settle for the following conditions, one of 11 which is a monetary payment of $5,000, and we 12 acknowledge that we are not entitled to that any more 13 than you are entitled to a notice of voluntary 14 dismissal, I think that's very different. 15 I think that creates other ancillary issues when 16 you're talking about having an attorney versus being pro 17 se, because then there's the issue of is it contingency? 18 And if it's contingency, is this potentially fee 19 splitting? There are issues there. But as far as 20 defrauding somebody, I think it really comes down to the 21 language that is used, which is why I want to see 22 communications. If somebody is representing me, I want 23 to see what it is they're saying on my behalf. 24 It's rare. It's really, really rare that I have 25 an attorney that goes to a hearing and I'm not there. I ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 154 1 mean, I just had a case management conference, and it 2 was a cattle call in Sarasota last week. And the 3 attorney that is representing me in that case has been 4 practicing law for a long time. He was in the Clinton 5 Whitehouse. This is somebody that actually knows what 6 they're doing, and I still went to a case management 7 conference. 8 Part of it is I want to learn, and part of it is 9 I want to see what somebody is doing on my behalf. So 10 in an answer to your question, I think that when you -- 11 if you were to say -- I would be very uncomfortable 12 saying to an insurance carrier, "I'm entitled to X." 13 When I know I'm not. I would be very uncomfortable 14 saying that to anybody, which is why when I talk to 15 opposing counsel, I'm very blunt about the fact that I'm 16 asking for something that I'm not entitled to, just like 17 your client is asking for something they're not entitled 18 to. If we're going to talk about entitlements, then 19 we're going to have to litigate. 20 Q. Now, after your resignation from CAFI, have you 21 had any discussions or communications with Martin 22 O'Boyle? 23 A. Oh, Lord, yes. 24 Q. What have those communications with Martin 25 O'Boyle entailed? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 155 A. When I went down to resign on June 30th, I -- before I went down, I turned in my rental car here in Lakeland. I drove down in my car, my old beat up Volvo. And I had all of my stuff that belonged to them, a hard drive, scanner, whatever stuff I had that belonged to the foundation, and I had it all boxed up, and I took it in on a little hand truck that I have. And I went in to see Bill Ring, and handed him my resignation letter. And inside that envelope was the credit card, foundation credit card. And he was kind of like, "What's this?" I said, that's my letter of resignation. When is this effective? It was effective about five minutes ago. I'm done. And it was a very brief -- we didn't really talk. Here's your stuff, and I'm leaving. It was not ugly, but there was not a lot of back and forth. On my way out, I stepped across the hallway to Brenda Russel, Marty's long-time secretary, and said, "Would you please have Marty give me a call?" He wasn't there. And the reason I wanted him to call was to simply say to him thank you for the opportunity, and I appreciate your willingness to take a chance on me. And I'm sorry things didn't work out, but you go your way, I will go mine, no hard feelings. On my way back to Lakeland from his office, I got e ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 156 a phone call with Marty -- it was a conference call with Martin O'Boyle, Denise DiMartini and Bill Ring. It started out fairly pleasant, kind of like, oh, gee, what happened? Why did you quit? And I kind of -- I didn't really want to go through the whole thing again. I already laid all this out. I kind of went through it very briefly and was hoping we could go our separate ways. And it seemed like maybe that was going to happen until Marty started with the whole, why did you send that e-mail to Nick Taylor, the one about the -- what I thought were confiscatory fees that were being demanded from Miami's River of Life. Then he told me that he wanted me to retract or rescind that e-mail. I don't know how you would do that. The e-mail has been sent. I don't know how you rescind something like that. And it was not just my e-mail. It was an exchange. And I told him that wasn't going to happen. He told me if I didn't, he was going to bring great unpleasantness into my life. I told him, "Don't threaten me," and he did it again, and I told him, "Don't threaten me," and he did it again. Probably at least three or four times he said he was going to bring great unpleasantness in my life, and I made it very clear that I perceived that as a threat. Before I resigned, I had prepared a press ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 157 1 release, and it was a pretty innocuous press release, 2 just saying that I had left the Citizens Awareness 3 Foundation because we had irreconcilable, philosophical 4 differences. I didn't really get into any details. And 5 many of these press releases went to reporters that I 6 have good relationships with, and I figured they would 7 get it without me having to get into any details. I had 8 not planned to grant any interviews. I knew I that I 9 would be asked for interviews. I wasn't planning to 10 give any. I wasn't planning to get into any detail, so 11 long as -- so long as they let me just leave. 12 But I'm a thoughtful person. "Machiavellian" has 13 such a negative connotation to it, but I like to think 14 things through. And weeks before I left, knowing that I 15 might leave, and knowing that there was a side of Marty 16 that I didn't think was trustworthy, and that I had seen 17 him pound the shit out of Gulf Stream, and I had seen 18 him get -- I very much had a sense that when Marty got 19 the bit between his teeth, he wouldn't stop. So I made 20 sure that I had lots of documents that corroborated -- I 21 mean like the e-mails with Denise telling me to draft 22 lawsuits, and me telling her that's the unlicensed 23 practice of law, Denise. Well, do it anyway. I can't. 24 I'm not going to do it. 25 Or her sending me the e-mail with the nonsense ESQUIRE 800.211.DEPO (3376) 11 1 Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 158 about 25 lawsuits a week, where are more of the lawsuits? And the e-mails about her saying she's in there running a law firm meeting. I gathered all of that stuff up together in a nice little package with a bow on it. And I was ready to push the button. And when Marty threatened me, I pushed the button. In addition to sending out a press release, I also sent out an e-mail to as many of the attorneys representing defendants that were being sued or had been sued by the Citizens Awareness Foundation offering to be of assistance in any way I could. And here we are. Marty -- well, Citizens Awareness Foundation filed a lawsuit against me for breach of contract and for fiduciary duty or some nonsense, and we have had tangled since then. I was financially on life support before I went to work for Marty. I had just enough money to rent a car to get down there, and wasn't sure I had enough gas to get there. And if things hadn't worked out, I probably wouldn't have had the gas to get home. I filed Chapter 13 after I went to work for Citizens. Now all of a sudden I had money coming in, and I was concerned about being protected from creditors. Once I resigned, I went back to not having an income. So we dismissed the Chapter 13 bankruptcy and I waited until I was qualified, then filed ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 159 1 Chapter 7. 2 CAFI and Marty both have alleged that they're 3 creditors, and that I owe money. CAFI is claiming that 4 I owe them a million dollars. Marty is claiming that I 5 owe him a million dollars. And they have showed up a 6 couple times for 2004 examinations, the bankruptcy 7 version of a deposition, which Marty proceeded with the 8 nonsensical threats once more in front of my attorney, 9 and in front of my wife, and in front of Mr. DeSouza, 10 who did not object to his client threatening me, by the 11 way. I just want to be sure we're on the record with 12 that. 13 So yes, I have had plenty of conversations with 14 Mr. O'Boyle, none of which have been particularly 15 pleasant, which is sad, because I really like Marty. I 16 think he's actually a really nice guy when he's not 17 being a dick. 18 Q. So you're saying -- I believe you testified 19 before that there are two sides to Mr. O'Boyle? 20 A. Yes. There's this -- the thing -- I really -- 21 and I mean this. I genuinely like Marty O'Boyle. He's 22 a funny, smart guy. He's winsome, charming. He -- I 23 have had -- I have really warm, happy memories of 24 spending time with him at his house, hanging out, having 25 a cup of coffee. He's a delightful guy, as long as he ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 160 gets his way. When he doesn't get his way, then, you know, the mask comes off. We are all that way, right, to some extent. Ask my kids. As long as they do what I want them to do, I'm probably pretty cool. When they don't, I'm probably not so cool. The problem is that in my experience, my personal experience, Marty is very willing to use the courts as a weapon. I mean, I think what he has done to me in this nonsensical lawsuit that is still pending, by the way, from CAFI, is vexatious litigation. That's exactly what it is. It's the definition of vexatious litigation. There's no basis to it. The allegations are false. Of the 50 -something claims -- allegations that are in this complaint, the only two that are true -- and I mean this literally, is that my name is Joel Edward Chandler and I live in Polk County. Other than that, it's not true. It doesn't matter. Whether it's a good lawsuit or not, it doesn't matter. That's a terrible thing to do to somebody. I didn't do anything wrong. I wanted to walk away. Leave me alone. Let me walk away. And I told him that. Don't threaten me. You go your way, I'll go mine. Let's just pretend this never happened. Q. So CAFI has filed a lawsuit again you? A. Yes. O ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 161 1 Q. Has Mr. O'Boyle personally filed a lawsuit 2 against you? 3 A. No. Mr. O'Boyle has not personally filed a 4 lawsuit against me, although he claims that he has a 5 cause of action against me for slander. But the CAFI 6 lawsuit is nonsensical for a whole host of reasons, not 7 the least of which is Mr. O'Boyle is not named as one of 8 the plaintiffs, and he is clearly an indispensable 9 unnamed party. And on that basis alone, I'm confident 10 that case will be dismissed. 11 Needless to say, you're kind of back to what I 12 have been saying all along. Either he really does 13 control CAFI, right, or somebody committed wire fraud. 14 Take your pick. It's one or the other. I don't see an 15 alternative to that dichotomy. It's one or the other. 16 Q. Now, what has he said to you is his claimed 17 slander claim? 18 A. All of the stuff that I -- the documents that I 19 gave to Bob Sweetapple, when I contacted -- and I 20 contacted Bob. Bob did not contact me. I talked to 21 Joann O'Connor. I sent them e-mails, and they 22 ultimately responded to me, to my invitation to help 23 them in any defense of public records lawsuit that were 24 filed by CAFI, which is sort of ironic because -- not 25 the Gulf Stream cases, but many, maybe most of the other ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 162 cases, I was the person that actually made the request. So I know the facts intimately. I would not be helpful in defending the underlying facts of the public records lawsuit; right? My advice would be the same thing that I told the Department of Economic Opportunity. You broke the law. Admit liability, produce the records, and go for a fee hearing. And by the way, if you did that -- and feel free, Hudson, to share this with the Florida League of Cities and all of their constituents. If you did that, you would remove all economic motivation for public records litigation. Let me just say this on the record since you're here. Let me make this very crystal clear to everybody. If they did that, then the plaintiff would have to go to court; right? They would have to go to a fee hearing. In the fee hearing, you're going to have to hire an expert witness and justify your costs. None of that's compensable. Once liability is established, the toll stops running. The meter stops running. You are not entitled to any more attorneys fees for plaintiff. It would be a losing economic proposition if every agency did that. Public records litigation would virtually stop because you -- you wouldn't even get your costs back doing that. The down side of that is, of e(/ ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 163 course, how many times could you admit liability without setting yourself up for an injunction; right? Q. Very true. A. Which is why they won't do it, because they want to keep giving the citizens of Florida the middle finger and not complying with the law. We are back to the way to fix public records litigation is everybody just start complying with the law, and there wouldn't be any. What was your question? Q. Thus you have a conundrum. What was the slander suit? A. That I gave Bob Sweetapple the keys to the kingdom. I sat down. I was happy to do. It was voluntary. Bob -- it was the first time I ever met Bob. We had talked on the phone just coordinating things. I think we had a preliminary conversation, as I recall, and the rest of our conversations before we met in person were purely scheduling, what is convenient. Then when we sat down, we did a videotaped sworn statement, and I basically told the same story I told here today, which is the truth, which is why it's so easy to remember, and Marty didn't like that. Q. So he's threatened with you with a sland er suit. When he said he was going to sue you for slander, was that by e-mail? Or did he call you on the phone? OC ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 164 1 A. He asserted that to the bankruptcy court, to the 2 trustee. He claims that he has a claim against me. The 3 -- and that it's not dischargable in the bankruptcy 4 because allegedly it's fraud or whatever. His claim in 5 the -- you probably already know this. His claim and 6 the CAFI claim, we stipulated to the bankruptcy court 7 that that be removed from the bankruptcy and the stay be 8 lifted so that those could proceed so that my bankruptcy 9 could be resolved, which it still hasn't been resolved, 10 although no other creditors have objected. 11 Q. Are CAFI and O'Boyle the ones that have objected? 12 A. Yes. No other creditors objected to anything. I 13 said it earlier. If you fuck with the establishment and 14 you're not a straight arrow, you are begging for 15 trouble. I'm a straight arrow. I play by the rules. I 16 know people don't like me, but I don't really care. My 17 bankruptcy was squeaky clean, no hiccups, no nothing. I 18 filed December 8, 2015, and here we are in almost March 19 of 2016, and it still hasn't been discharged. The 20 reason is -- it should have been discharged in March of 21 last year. The reason it hasn't is because Marty was 22 dicking around with me, and harassing me, and harassing 23 my wife. 24 But that's not the threat he made. The threat he 25 made was that if I didn't back off, and if I kept ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 165 keeping his son from getting his law license, that Marty has a lot of money, and I'll hunt you to the ends of the earth and make your life miserable. Q. Is he trying to do that now? A. I don't know. I feel like in spite of my vociferous opinion about things, which isn't going to change no matter what, I don't have any ax to grind with Marty. I really don't. The way we've left things the last time I talked to him was kind of what I suggested in the first place. You go your way, I go mine. I want my bankruptcy discharged so I can move on with my life. One of the ironies of this whole thing is it's Chapter 7 bankruptcy. It's not like my creditors are screwing with me. It doesn't really effect the day-to-day operation of my life, but I would like to get it behind me. I would like to move on. But the -- what still remains is, of course, the threat that he could potentially file a lawsuit for slander for prebankruptcy, the nonsensical claims that he says he has, which he doesn't really have. Then of course there is still the CAFI ligation that I have to deal with on my very limited resources. Q. Have you had any discussions with Mr. O'Boyle's counsel in this matter, Daniel DeSouza? A. About what? O ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 166 1 Q. Who represents CAFI in the suit that was filed 2 against you? 3 A. It's changed from week to week, seems like. I 4 think Dan is the one that is representing him now. 5 There was -- I don't know. Somebody else represented 6 him before. They may have changed a couple times. 7 Q. So have you had -- 8 A. I can't believe that Dan would have drafted that 9 lawsuit. He's a much better attorney than that. 10 MR. GOLDSTEIN: I will show you what we will mark 11 as Exhibit 4. 12 (Defendant's Exhibit No. 4 was marked for 13 identification.) 14 BY MR. GOLDSTEIN: 15 Q. It's a copy of the complaint, CAFI v. Joel 16 Chandler. Is this the complaint you're referring to? 17 A. Yes, this work of fiction, yes. 18 Q. It is your understanding that Mr. DeSouza is now 19 handling this matter on behalf of CAFI? 20 A. I believe that's the case. 21 Q. And is it also your understanding that Mr. 22 DeSouza is representing Mr. O'Boyle here today? 23 A. Yes. That is what I understood. 24 Q. Are you aware as to whether or not the -- did you 25 have any meetings with DeSouza or Mitchell Berger ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 167 1 regarding the documents that you provided? 2 A. Yes, yes, I did. 3 Q. Did you provide Mr. DeSouza and Mitchell Berger 4 those documents? 5 A. I don't remember if I gave them to Berger. He is 6 the guy with the giant ego; right? Isn't that the guy 7 we're talking about? 8 MR. DESOUZA: Which are the documents we are 9 talking about now, Josh? 10 MR. GOLDSTEIN: We are talking about the 11 documents that Mr. Chandler provided to Mr. 12 Sweetapple. 13 THE WITNESS: Yes. I gave -- they made a very 14 vague CAFI, O'Boyle, whatever, that whole kerfuffle, 15 made document demands, which I produced. It was a 16 very, very, very significant number of documents that 17 I produced. 18 BY MR. GOLDSTEIN: 19 Q. Those were the same documents that you also 20 produced to my client? 21 A. We are talking about -- I think that we are 22 talking about hundreds of thousands of pages. Not 23 hundreds of thousands of files, but I want to say this 24 was something in the order of about 64,000 documents, 25 and some of those would have been many, many, many ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 168 1 pages. We are talking about hundreds of thousands of 2 pages. As I recall, it was over one terabit of data. 3 So I can't -- I don't know that I would be willing to 4 say with certainty that every single file was there, but 5 they should have been about the same. 6 Q. Do you know who Mr. Berger represented? 7 A. I believe he represented Marty, was my 8 impression. They flew up here and we met for drinks at 9 a really nice Irish pub downtown. I say "nice," meaning 10 it is a shit hole. It's in a Irish pub. That's what 11 they're supposed to be. And I say that as an Irishman. 12 It has a very authentic feel. 13 So we met down there, and had drinks, and we 14 chatted, and they made overtures. And they didn't buy 15 my drinks, they didn't buy my dinner. I was very 16 disappointed in that, very, very disappointed. 17 Q. What were your discussions with them while you 18 were at this pub? 19 A. The gist of the conversation was trying to kind 20 of, everybody climb down off the ledge. This wasn't -- 21 I don't remember the exact date or anything. This was 22 not long after I had the nuclear option, which was you 23 are threatening me. Fuck you. Let's go, and I turned 24 both keys. 25 I think they kind of -- I don't know. Basically ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 169 1 1 one of the issues was help us get rid of all these cases 2 CAFI's got, like an albatross hanging around our neck. 3 Help us do something with them. There weren't any real 4 concrete proposals. It was just kind of the way Mitch 5 Berger -- he's a nice guy, as long as you want to listen 6 to him tell you everybody he's ever met. 7 He like, you know, you and Marty are going to be 8 at each other's throats for the rest of your lives. 9 Let's try to work this out. So they -- there was a 10 proposal -- I say a proposal. It was a suggestion, I 11 guess, possibility that hey, we will just give you the 12 foundation. We will just give it all to you. I was 13 like, what would I do with it? I don't want anything to 14 do with it. I've extricated myself from it. 15 And I -- plus, it would be expensive to deal with 16 all that stuff, all those cases. So the question was, 17 what would it take economically -- and they were very 18 clear, to their credit, that they were not offering to 19 pay me any money directly, but what would it cost to do 20 all of this? They told me to think about it and give 21 them a proposal, which I did a few days later. My 22 proposal was that I would take -- they could sign the 23 foundation over to me, and I would take responsibility 24 for disposing of all of the litigation, which would have 25 1 been really easy, and I wanted Marty to make a ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 170 1 contribution to the charity of my choice, which would 2 have been the First Amendment Foundation, for 2.75 3 million dollars. Do that, and I will step in and help. 4 Don't do that, and you're on your own. But I wouldn't 5 get any of the money. I would have not -- my proposal 6 did not involve me getting a penny. 7 Q. That clearly didn't occur? 8 A. It did not. 9 Q. Now, you said when you got threatened, you 10 reached out to numerous attorneys that were involved in 11 CAFI lawsuits. 12 A. Yes. 13 Q. Do you recall who you reached out to? 14 A. I want to say I talked to Jerry Richmond at one 15 point. He was representing Wantman Group, I think, one 16 of the defendants. I talked to Grier Wells. There were 17 not nearly as many as I would have thought, frankly. I 18 would have thought they would be like, hey, help us out. 19 But it wasn't that many. I was surprised how few were 20 interested. 21 MR. DESOUZA: Joel, I'm sorry to interrupt. What 22 was the name that you said after Jerry Richmond? 23 THE WITNESS: The Wantman Group and Grier Wells. 24 MR. DESOUZA: Grier Wells. 25 THE WITNESS: He is an attorney somewhere in ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 1 I North Florida. February 24, 2016 171 2 MR. SWEETAPPLE: Gray Robinson. 3 MR. GOLDSTEIN: I think it's Gray Robinson, Dan. 4 MR. DESOUZA: Is Grier Wells the name of an 5 attorney? 6 THE WITNESS: Yes. He's on the Board of 7 Governors for the Florida Bar, if I'm not mistaken. 8 MR. DESOUZA: So it's Grier Wells of Gray 9 Robinson? 10 THE WITNESS: Yes. 11 MR. DESOUZA: Thank you. Sorry about that. 12 THE WITNESS: That does sound like a law firm 13 name, I have to admit. 14 BY MR. GOLDSTEIN: 15 Q. And you reached out to my client, Mr. Sweetapple? 16 A. Yes. 17 Q. And then you contacted him subsequently? He 18 responded to your e-mail? 19 A. Yes. And I was really curious. By all the 20 descriptions I got from Mary, I was expecting to see a 21 guy with horns and a tail. I thought he might have a 22 pitchfork, but he didn't. 23 Q. What did Marty tell you about Mr. Sweetapple? 24 A. I don't remember exactly, just that he's a bad 25 guy, whatever. It's his nemesis. It's like a cartoon ESQUIRE 800.211.DEPO (33 76) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 1 1 character or something. February 24, 2016 172 2 Q. So Marty had a fair amount of animosity toward 3 Mr. Sweetapple? 4 A. I would say so. That was my impression. 5 Q. How many times did you speak with my client? 6 A. We have talked quite a few times. It's not like 7 we hang out. I think this is only the second time we 8 have actually seen each other face to face. All of my 9 interactions with Bob have been very pleasant. They've 10 been cordial. I am confident that he and I probably see 11 the world very differently on many, many issues. But I 12 don't -- like I say, I don't make this stuff personal. 13 Leave me and my family alone, and we are good. Start 14 fucking with little old Black ladies, and we are going 15 to have a problem. But other than that, I don't really 16 care. I like Bob. He's been nice to me. I don't agree 17 with everything that I have heard, but I don't know that 18 everything I have heard is true. 19 Q. And by everything you heard, you mean everything 20 you have heard from Mr. O'Boyle? 21 A. Yes. I mean, I think that -- I thought that the 22 -- I thought the RICO lawsuit was ill advised for a 23 whole host of reasons, not the least of which is making 24 a public records request, in and of itself, is not a 25 criminal act. I'm not a RICO attorney, so what do I ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 173 1 1 know? I watch the Sopranos, but what do I really know 2 1 about that kind of stuff. 3 I, frankly, have been very disappointed in the 4 approach that the establishment has taken, and Bob is 5 not the establishment, but he is an attorney for the 6 establishment, which doesn't make him a bad guy. I, 7 like most people, try -- I think of people on the other 8 side of me, "other," as being somewhat monolithic, and I 9 recognize that's a fallacy. But I do think the 10 establishment's taking the wrong approach to try to 11 resolve the complaints they've got with people like 12 1 Marty O'Boyle. 13 I vehemently disagree with -- I don't know that 14 this is necessarily Bob's doing, but the Town going 15 after Chris O'Hare, I completely disagree with that. 16 And my perception is, based particularly on a RICO 17 complaint, that there is sort of this lumping Chris and 18 Marty into the same cabal. I just don't have any -- my 19 experience with Chris has been nothing but -- I don't 20 have anything negative to say about Chris, and I'm 21 baffled as to why he's hanging out with Marty. But we 22 all make poor choices sometimes. 23 Q. So you met with Mr. Sweetapple? 24 1 A. Yes. 25 Q. And I believe you testified previously that you ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 174 1 agreed to provide him with a sworn statement? 2 A. I did. And just for the record, just for the 3 record, we had lunch together at Palace Pizza. And if 4 I'm not mistaken, he bought me a slice of pizza. So I 5 want to be sure we have full disclosure here. 6 Q. Was that prior to or after the sworn statement? 7 A. I think we took a lunch break. But I just want 8 to be sure that everybody understands that my testimony 9 was in no way influenced by a slice of pizza. 10 MR. GOLDSTEIN: Let me show you what I will mark 11 as Exhibit 5 for identification purposes. 12 (Defendant's Exhibit No. 5 was marked for 13 identification.) 14 BY MR. GOLDSTEIN: 15 Q. Exhibit 5 is the sworn statement of Joel 16 Chandler. Does that transcript look familiar to you? 17 A. Seriously, when you hand me -- hold on. Let me 18 finish. When you hand me -- how many pages is this? 19 Dan will tell you how this works. If you ask me to 20 authenticate this, I'm going to sit here and read every 21 last word of if. If you're going to ask me if this is 22 my -- I have no choice but to read 193 pages. I read 23 almost all of the transcript that I was provided 24 previously. This appears to be that. But if it is or 25 not, I don't know. There is no way for me to know ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 175 1 without reading it. 2 Q. Would you say that the testimony that you gave in 3 the sworn statement in July 23rd, 2014, was true and 4 1 accurate? 5 A. Yes. 6 Q. Is there anything you know today that would 7 change the fact of whether or not that testimony in the 8 sworn statement from July 23rd, 2014, is no longer true 9 and accurate? 10 A. No. 11 Q. Thank you. I believe you testified recently or 12 previously that you had a 2004 examination that Mr. 13 O'Boyle -- 14 A. I had two of them. 15 Q. When was the last one, if you recall? 16 A. I want to say it was in -- I want to say 17 November. I'm not sure. I can't speculate. 18 Q. Do you recall testifying at your 2004 examination 19 that you were aware of the RICO suit that was filed, but 20 felt that it was dismissed imprudently? 21 MR. DESOUZA: I'm sorry. I didn't catch the 22 question, Josh. 23 MR. GOLDSTEIN: The question was, does he recall 24 testifying at the 2004 examination in October 2015, 25 that he was aware of the RICO case, but he believes ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 176 that it was dismissed by the federal court imprudently, in his opinion? A. I don't recall saying that. I think that is the exact opposite of what I said. I believe that it was filed imprudently. And I thought that the appeal -- and I don't know whether it was ultimately appealed or not. I know Joann O'Connor called and talked to me about it at one point. And I shared with her my belief that it was imprudent to appeal it. If it got appealed, I'm delighted. I think it would be great, because I think it will be -- the dismissal will be upheld by the Eleventh Federal Circuit in Atlanta, which I think actually is a good thing for public records access. I think it was imprudent to file it. I think the court got it right. Now, some of the things in the judge's opinion, I may not agree with entirely. But overall, I thought it was a good decision. Q. Do you think that the actions that were being taken by CAFI and the O'Boyle Law Group when you were involved, that eventually caused you to leave CAFI, those things that were going on, do you think they were appropriate or proper acts? A. No. I think they were terrible. Q. Do you think there is clearly some kind of O ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 177 1 violation of law that was occurring, given what was 2 going on? 3 A. I think there was. I think there was the 4 unlicensed practice of law going on. I think that 5 again, we are back to either Marty really does control 6 CAFI -- 7 MR. DESOUZA: Joel, before you go on, I just want 8 to note my objection to form on the record before the 9 answer goes on. 10 A. Okay. We are back to this -- we're on the horns 11 of a dilemma. Either Marty really controls CAFI, and 12 the O'Boyle Law Firm, and whole mess, which I think 13 creates some serious ethical and legal issues, or the 14 alternative is that among other things, in addition to 15 the unlicensed practice of law, you had wire fraud going 16 on because public records requests were being made on 17 behalf of a foundation that wasn't making those public 18 records requests. 19 Do I think there were criminal things going on? 20 I'm not an attorney. But as a layperson, not trying to 21 render a legal opinion, but as a layperson, do I think 22 there were potentially illegal things going on? Yes, I 23 do. 24 My issue with the -- and again, I'm not trying to 25 be funny when I say this. The totality of what I know ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 178 1 about RICO is from watching the Sopranos. I don't 2 understand the ins and outs of RICO. What I think I 3 understand is that there has to be an underlying 4 criminal activity. I don't think that making a public 5 records request in and of itself, or even making 6 thousands of public records requests on the Town of Gulf 7 Stream is an illegal action. There may be a whole bunch 8 of other illegal actions. 9 I mean, I'm mystified, really mystified, given 10 what I think are just clear evidence that I have 11 provided to anybody that wants to see it, that there was 12 the unlicensed practice of law going on, both on behalf 13 of Jonathan O'Boyle and Denise DiMartini. I think that 14 there are really serious Bar issues as far as not having 15 engagement letters, and not providing closing 16 statements, and engaging in settlement negotiations 17 without the consent of the client, and demanding 18 settlement amounts that are beyond entitlements when I 19 think they're being presented as entitlements. I can 20 think of a whole bunch other issues to go after them on. 21 I just don't agree with the public records part of it. 22 Q. During your discussions with Mr. Sweetapple, did 23 he ever say to you that he felt Mr. O'Boyle was a 24 criminal? 25 1 A. I don't remember him using those words. No. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 179 1 Q. Now, you said you had dealings with Mr. O'Hare? 2 A. Yes. 3 Q. What were your dealings with Mr. O'Hare? 4 A. I was contacted by his attorney, Lou Roeder, 5 sometime in -- this is way before I went to work for the 6 foundation. And Lou -- not Chris, Lou invited me down 7 to meet with them in Delray, I think is where Chris's 8 business is. I'd never met Chris. I'm not sure I even 9 talked to him before that. I may have, but I don't 10 think I did. And Lou, as an attorney, asked me -- hired 11 me to come in and talk to him about open government 12 issues, which is something I do frequently with all 13 sorts of attorneys. 14 Chris sat in on that discussion, and it was 15 nothing more than a Public Records 101, these have been 16 my experiences. And speaking to Lou -- and Lou is the 17 person who paid me. Chris did not pay me anything, and 18 they covered my expenses coming down there and paid me a 19 little bit for my time. I just basically gave them a 20 private Public Records 101 seminar, is what it amounted 21 to. 22 Q. Do you recall when this was? 23 A. I don't. It would have been after I met Marty 24 for the first time, which would have been early 2013, 25 and before I went to work for CAFI in early 2014, so mid ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 180 to late 2013, I would guess. Q. Do you know how Mr. Roeder got your information or knew to contact you? A. My understanding is that he was referred to me, I guess, by Marty or Jonathan. I don't know. I may have known at one point. I don't recall. Q. So Chris could have been referred to you by Marty? A. I wouldn't say Chris was. I would say Lou was. I was very clear in my communications with Lou about this, that I was being retained by Lou. I'm not an attorney. And I'm very, very circumspect about the UPL issue. I make it very, very clear when lay people ask me questions, my response is, "I'm not an attorney. I can't give you legal advice. I can tell you what I would do if I was similarly situated, but I can't give you legal advice." I was very clear that if you are paying me to come in -- this is exactly what happened when I was hired by Bill Ring to come down and talk to him and his then paralegal, Ryan Witmer, about open government issues. I was giving my perspective to attorneys, which that, I can do. I can't do that with non -attorneys. Q. And prior to meeting Marty O'Boyle or Chris O'Hare, had you ever filed a public records request to ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 181 the Town of Gulf Stream? A. Well, as I mentioned earlier, there are 412 municipalities, or at least 412 members of the Florida League of Cities, and I have probably made at least one public records request to all of those. Many of them I would have made many public records requests to, for various reasons, various times, just like I have made public records requests to virtually every state agency and every local agency in Florida. I'm sure there are some I haven't gotten to yet, but I will get there eventually. So I may have. I don't really remember. Q. Do you recall when in 2013 you met with Chris O'Hare, like what month? A. No. Like I said, I'm guessing it would have been mid to late 2013, but I don't really know. If you haven't figured it out yet, I love to talk about open government issues, and I have at least one or two opinions on the issue. So somebody who is willing to actually buy my lunch and pay me a little bit of money to come and talk to them, sign me up. I will do that all day long. We had a really -- it was a really, really nice visit, and we really clicked, and they seemed genuinely -- both Lou and Chris seemed genuinely interested in open government issues. It was fun. For me, that's a good time. f� ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 182 1 Q. Do recall filing five public records requests to 2 the Town of Gulf Stream in September of 2013? 3 A. No. I don't specifically. That wouldn't 4 surprise me if I did. I would be surprised -- like I 5 said, I would be shocked if you could find a 6 municipality in Florida that I have not made a public 7 records request to. If you do, please let me know, so I 8 can catch up with them. 9 Q. Are you aware as to the number of public records 10 requests Mr. O'Hare has made to the Town of Gulf Stream? 11 A. No. I don't know the number. 12 Q. Would you be surprised if it was well over 2,000? 13 A. No. I don't think I would be surprised. 14 Q. When was the last time you spoke with Mr. O'Hare? 15 A. Last night. 16 Q. What did you guys discuss? 17 A. He -- it was the first time I talked to Chris in 18 a long time. He was asking me my opinion about the 19 legislative stuff that is going on, specifically, the -- 20 everybody gets focused -- I can't remember the bill 21 number, but the one about the fee thing. That's what 22 everybody is all worked up about, which by the way, is 23 not going to fix the problem. But I keep offering to 24 share that with whoever wants to listen. I can tell 25 them how to fix the problem, but nobody has bothered to ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 M 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 183 give me a call, except Chris did. We chatted about that. I asked him if he was coming up for the deposition. He said he thought he was, and that Lou would probably come up, and I hadn't seen either one of them in a long time, and I consider both of them to be friends. I told him I looked forward to seeing him. I'm sorry he didn't make it. Q. Your first dealing with Chris O'Hare was in 2013 after Mr. Roeder met with you? A. As I recall, we met together. It was all three of us. Chris was in and out. He's a -- Chris is a working man. He's a man's man. He would come in all covered in dust. In fact, the first time I laid eyes on Chris he was operating a forklift. Q. Do you recall receiving a subpoena to appear here today? A. Was it a subpoena or just a notice? I got something. I know I'm supposed to be here. Q. The subpoena was served back in -- it was originally for deposition in June of 2015. A. I don't know. I have a lot of litigation going on. It's hard to keep track of it all. MR. GOLDSTEIN: I will show you what we will mark as Exhibit 6. (Defendant's Exhibit No. 6 was marked for ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 184 1 identification.) 2 BY MR. GOLDSTEIN: 3 Q. It's actually a composite exhibit, subpoena, 4 Exhibit A to the subpoena, and re -notice -- should be 5 re -notice of deposition for today. 6 A. Okay. I'm here, so apparently I got it. 7 Q. It requested that you produce documents. Did you 8 bring any documents with you here today? 9 A. No. 10 Q. Is there a reason -- 11 A. I have already objected to them. I sent you an 12 e-mail about this. 13 Q. And your objection is based upon what? 14 A. I don't remember the e-mail exactly that I sent 15 you. One is most of it is duplicative. As I have 16 mentioned to you in the e-mail, and as Dan DeSouza well 17 knows, I get a little touchy about this issue. I have 18 very limited resources. And you guys, you, and Dan, and 19 Marty, keep asking me to produce the same fucking 20 documents over and over again. It takes -- you have no 21 idea how long it takes to copy like 1.2 terabytes of 22 data using USB3 connections. Right. And I am not about 23 to go out and buy a thunderbolt connection to satisfy 24 you guys' sick perversion for wanting the same shit over 25 and over again. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 185 1 If we were to count the actual files that you 2 asked for, the documents, I suspect that 99.9 percent of 3 what you've asked for, I've already given to Bob, and I 4 already gave to Dan, and when Marty asked for it and 5 thought I was going to show up with a fucking dump truck 6 full of hard copies, I brought it on a hard drive, and 7 he wouldn't take it. 8 I keep giving you the same stuff over and over 9 again. I'm not even a party to the litigation. So 10 there is no way in hell the judge is going to tell me 11 that I've got to do that shit. So that's one. It's 12 duplicative. It's enormously burdensome. I have very 13 limited resources. I'm not going to go spend my money 14 to buy a hard drive to satisfy some attorney's 15 perversion for getting more crap they've already got. 16 Q. You're assuming I have it. 17 A. Your client does. And I know that's the same 18 shit that Dan and Marty pulled. Well, Marty, I don't 19 have it. Dan's got it. But you guys probably came in 20 the same car, just like Dan and Marty flew up in the 21 same fucking plane. And everybody's like, "I don't have 22 it. He's got it." 23 Here's the thing. We all know -- let's put our 24 cards on the table. We all know -- I am an open book. 25 I've got nothing to hide. And the reason I have no ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 186 1 1 trouble with this instant recall with all these dates 2 and stuff is because I'm telling the truth. I don't 3 have to remember where I hid the truth because I didn't 4 hide it. And I am more than happy to be cooperative 5 with whoever it is. I'm in a deposition. I'm going to 6 tell the truth. I think that everybody -- to be really 7 blunt here, I think everybody in the room here is fucked 8 up except for the court reporter, me, and Lou Roeder. I 9 like Bob. Bob and I have gotten along very well. The 10 only wrinkle that's ever come in my relationship with 11 Bob is that fucked up shit you sent me demanding all of 12 those documents, because I have already given them to 13 Bob. 14 Let me finish. You asked the question. I'm 15 going to finish. I don't believe for one second that a 16 judge is going to tell me that I have got to produce the 17 same documents again at my expense, using enormous 18 amounts of my time, and tying up the only computer I 19 have, the only way I have to make a living, for 20 something you guys already have. I just don't believe 21 he's going to make me do that. If you don't agree with 22 that, then let's go to the judge and have him get an 23 order to compel, and I will be more than happy to 24 respond to it. 25 Let me finish. We agreed you will let me finish. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 187 1 The other stuff that you have asked for, the only 2 communications that I recall having with Dan DeSouza 3 about anything are scheduling issues. The only -- they 4 have nothing to do with any of this. There's nothing 5 useful there whatsoever, scheduling stuff. 6 If I got any e-mails from Mitch Berger, which you 7 guys put in there twice -- and by the way, you didn't 8 ask for Dan DeSouza. You asked for Danielle DeSouza, 9 and I don't know a Danielle DeSouza. Unless Dan's got a 10 really ugly sister, I don't know a Danielle DeSouza. 11 MR. DESOUZA: I only go by "Daniel" on Tuesday 12 nights. 13 THE WITNESS: I advocate for those folks, too, so 14 we are in good shape. 15 The -- I don't know that I got any communications 16 from Mitch Berger. I did get some from whoever his 17 sidekick was, who you didn't name in the duces tecum. 18 But again, it would have been purely scheduling stuff. 19 There is nothing meaningful there. 20 The communications that I had -- I did have some 21 communications with Mark Hanna because Mark Hanna and 22 I actually had some discussions, which are my 23 attorney-client privilege, because he and I were 24 discussing some cases I was contemplating having him 25 do. You're not getting those ever. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 188 1 I have had some conversations with Lou Roeder 2 that I am asserting my attorney-client privilege, 3 because he and I have had some conversations about 4 doing some work together. 5 I do think that -- I can't assert Chris O'Hare's 6 privilege for him, but I think that much of the 7 communications that I've had with Lou Roeder are 8 attorney-client privilege. And the communications I 9 have had with Chris O'Hare have been like he sent me 10 an e-mail about his divorce. Well, you know what? 11 Fuck you. I'm not giving it to you. And if you want 12 to go in front of a judge over that issue, let's go. 13 As I said to you in my e-mail, I have been 14 extraordinarily cooperative with you, just like I was 15 cooperative with Bob giving the sworn testimony, just 16 like I have been cooperative with Dan DeSouza. I am 17 willing to be cooperative. But if I get even so much 18 as a whiff of somebody bullying me or asking for shit 19 they're not entitled to, fuck you. It's not going to 20 happen. So that's why I didn't bring them. 21 If you want to go to a judge, and you want to 22 discuss this with the judge, we can do that. If you 23 want to ask me for something, if there is something 24 specific you are looking for, just ask me and I will 25 be happy to find it for you. But that's very ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 189 1 different than you better bring it, or else, and we're 2 going to ask you to bring a dump truck full of crap 3 that's going to take you literally days. I will be 4 tying up my only source of income dicking around with 5 the stuff that you guys already have. I'm not going 6 to do that. I would much rather spend my time driving 7 my happy ass down to South Florida and going in front 8 of a judge. 9 BY MR. GOLDSTEIN: 10 Q. So if I provided you with a hard drive, you 11 wouldn't -- 12 A. Did you do that? 13 Q. I'm asking you now. If I sent you a hard 14 drive -- 15 A. Fuck no. I just said, the only computer that I 16 have access to is this one, which is not even mine. I 17 don't even own it. And the only -- I do what I do by 18 writing, and this is it. So no. I'm not going to do 19 that. You want to get access to another computer? 20 Fine. Because that's the problem. I've got one hard 21 drive over here. 22 MR. SWEETAPPLE: We will work with you. It's not 23 going to be adversarial. 24 1 BY MR. GOLDSTEIN: 25 1 Q. I'm not trying to be adversarial. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 190 1 A. Hold on a second. You and I are going to get 2 along just fine. Okay. We are good. But -- which is 3 why I sent you that e-mail. And I really thought about 4 that e-mail first. I thought about calling Bob and 5 saying hey, look, ask and I'm happy to -- if you are 6 looking for something, if you want to burn Marty 7 O'Boyle's ass to the ground, and you need help finding a 8 document to do it, just ask me. I will try to help you. 9 No problem there. 10 But when you start -- you say we're not trying be 11 adversarial. What the fuck do you think a subpoena is, 12 dude? It's a fucking adversarial instrument. 13 MR. SWEETAPPLE: It's a matter of course. 14 A. Let me finish. I'm not done yet. I will tell 15 you when I'm done. When you send me a subpoena telling 16 me that I've got to give you something, that is 17 adversarial. If you had called me up -- if you had 18 called me up and said hey, we are looking for this. Do 19 you think you could put your hands on it? Yes, okay, 20 sure. No problem. See the difference? 21 BY MR. GOLDSTEIN: 22 Q. I understand the difference. 23 A. I'm done now. 24 Q. All right. You also have to understand there is 25 a matter of course and chain of custody and process in ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 191 which I have to be able to acquire things to show I got them from you. A. We could have done that without a subpoena. Q. We will work with you. A. Work with me. I'm happy to do it. MR. GOLDSTEIN: I don't think I have anything further. I just need five minutes to talk with my client to make sure, and I think I should be done. (Recess from 4:40 p.m. to 4:50 p.m.) MR. GOLDSTEIN: I have nothing further. (End of Volume 1 of 2.) (Deposition continues in Volume 2.) ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE DEPOSITION ERRATA SHEET Our Assignment No. 118775 Case Caption: O'Boyle vs. Sweetapple February 24, 2016 192 DECLARATION UNDER PENALTY OF PERJURY I declare under penalty of perjury that I have read the entire transcript of my Deposition taken in the captioned matter or the same has been read to me, and the same is true and accurate, save and except for changes and/or corrections, if any, as indicated by me on the DEPOSITION ERRATA SHEET hereof, with the understanding that I offer these changes as if still under oath. Signed on the JOEL CHANDLER eQESQUIRE day of , 20_ 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 193 Q ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com DEPOSITION ERRATA SHEET Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: SIGNATURE: DATE: JOEL CHANDLER Q ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 it 12 13 14 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 194 f ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com DEPOSITION ERRATA SHEET Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: SIGNATURE: DATE: JOEL CHANDLER f ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE CERTIFICATE OF REPORTER STATE OF FLORIDA ) COUNTY OF HILLSBOROUGH) February 24, 2016 195 I, Megan M. Soria, certify that I was authorized to and did stenographically report the deposition; that a review of the transcript was requested; and that the foregoing pages are a true and complete record of my stenographic notes taken during said deposition. I further certify that I am not a relative, employee, attorney, or counsel of any of the parties, nor am I a relative or employee of any of the parties' attorneys or counsel connected with the action, nor am I financially interested in the action. Dated this 9th day of March, 2016. Rq� 1/fi , Megan M. Soria ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 9:14-cv-81250-KAM MARTIN E. O'BOYLE, Plaintiff, -vs- ROBERT A. SWEETAPPLE AND MAYOR SCOTT MORGAN, Defendants. February 24, 2016 196 DEPOSITION OF JOEL CHANDLER Taken By Counsel for Defendant, Sweetapple Volume 2 of 2 (Pages 196-260) Wednesday, February 24, 2016 4:50 p.m. - 6:18 p.m. Esquire Deposition Solutions 4927 Southfork Drive Lakeland, Florida Reported By: Megan M. Soria Notary Public State of Florida at Large Esquire Deposition Solutions - Tampa Office Phone - 813.221.2535, 800.838.2814 Esquire Job No. 118775 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 2 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 197 APPEARANCES: DANIEL DESOUZA, ESQUIRE DeSouza Law, PA 1515 North University Drive, Suite 209 Coral Springs, Florida 33071 954.780.8262 On Behalf of Plaintiff (Appeared via telephone conference call) JOSHUA A. GOLDSTEIN, ESQUIRE Cole, Scott & Kissane, PA 222 Lakeview Avenue, Suite 120 West Palm Beach, Florida 33401 561.383.9200 On Behalf of Defendant, Sweetapple HUDSON C. GILL, ESQUIRE Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, PA 2455 East Sunrise Boulevard, Suite 1000 Fort Lauderdale, Florida 33304 954.463.0100 On Behalf of Defendant, The Town of Gulf Stream LOUIS ROEDER, III Law Office of Louis Roeder 7414 Sparkling Lake Road Orlando, Florida 32819 407.352.4194 On Behalf of Chris O'Hare ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 2 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 198 JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 199 2 Q. Afternoon, Mr. Chandler. My name is Hudson Gill. 3 I represent the Town of Gulf Stream. I have a few 4 questions for you. I will try to be as brief as 5 possible, given the time? 6 A. Fire away. 7 Q. First of all, let's talk about the contact you 8 had with employees of the Town of Golf Stream. I know 9 there was some public records mentioned. Outside of 10 those, have you had any contact with employees of the 11 Town of Gulf Stream? 12 A. Yes. 13 Q. Okay. What employees have you had contact with? 14 A. One was a police officer. I have had two 15 contacts with police officers, Town of Gulf Stream. One 16 was a very cordial interchange with a gentleman. I went 17 to the Town of Gulf Stream early in the morning to 18 attend a public meeting. I got there early and was kind 19 of hanging out. He stopped to see what I was doing. He 20 was very nice. It was a nonevent. 21 The earlier experience I had was really 22 troubling. I had two very good friends of mine, who 23 were African-Americans, with me. And we were doing a 24 social experiment going down the east coast of Florida. 25 We started in Palm Beach and worked our way all the way ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 200 1 down to somewhere -- I think Miami. And they would go 2 in and make a public records requests. And these guys, 3 neither one of them have ever been arrested. They have 4 no criminal history. They're both college graduates. 5 They're both gainfully employed. 6 Q. Before you go on, can I ask you when this 7 approximately occurred? 8 A. Before I went to work for the foundation, so 9 2013. The most -- these guys are total straight arrows. 10 They don't cuss, drink, chase woman, they don't smoke. 11 They're as straight arrows as you can imagine. Very 12 articulate, but when they want to they can kind of come 13 across like they're from the hood; not in any kind of a 14 bad way, just dialect; right? 15 So we started in Palm Beach, and Ocean Ridge, and 16 every little town going down the east coast, and they 17 would go in and make a public records request, and a few 18 days later I would double back and make a public records 19 request. The social experiment was would 20 African-Americans be treated differently than a White 21 guy, especially a White guy all these towns know. 22 Believe it or not, I have actually been into some 23 public agencies and seen my photograph taped up at the 24 front desk like be on the lookout, kind of thing. 25 So to try to make this experiment as legitimate ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 201 1 as possible, I would -- it's Tilex and Terrell, Terrell 2 who ultimately came to work a couple days at the 3 foundation. So I would drop them off. They would go 4 and make their public records requests, and then go back 5 out on AlA, and they would walk a couple blocks, I would 6 stop and pick them up, and we would go on to the next 7 place. 8 We did that at Gulf Stream, and as I was waiting 9 for them, I saw a police car come out of the town -- of 10 the police department, and go down, and make a U-turn, 11 and stop where he was facing me. And so I would kind of 12 cruise back and forth waiting for them to come out, and 13 Tilex and Terrell, these two Black guys, come out, start 14 walking down the street. And I legally pull over, they 15 get in the car, and we go down the street. And I didn't 16 go 200 yards before I got pulled over. 17 And the police officer does the whole, "give me 18 your driver's license," and whatever. I handed it to 19 him. He went back, ran my information through David, 20 handed my driver's license back, called me by name, told 21 me have a nice day, which I very much took as we just 22 wanted to know who it was that was making those public 23 records requests, which I found very, very troubling. 24 That was the only city that did that. 25 So those are two employees I have had contact ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 202 1 with. I talked to Bill Thrasher, is the City Manager; 2 right? 3 Q. Yes. 4 A. I talked to him very briefly one day when I was 5 out there going into a meeting. The city clerk -- what 6 is her name, the older lady? I talked to her when I 7 made a public records request. That's the one I ended 8 up litigating. I have had a conversation briefly with 9 Scott Morgan by the telephone, just sort of wasn't any 10 substance to it. I don't know that I -- I don't recall 11 any other contact with city employees. 12 Q. With respect to the conversation with Bill 13 Thrasher, when did that take place? 14 A. That took place during my tenure with Citizens 15 Awareness Foundation. It was the same morning I spoke 16 to the police officer that talked to me in the parking 17 lot. Again, he did not do anything he shouldn't have 18 been doing. He was being cordial, the police officer 19 was. I saw Bill Thrasher going into the meeting, and 20 shook hands with him, and it was just kind of a pleasant 21 exchange. 22 I think at some point, I believe that I actually 23 sent an e-mail to Gulf Stream offering to work with them 24 to try to resolve any public records struggles they 25 might be having; not to offer legal advice, of course, ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 203 1 but just -- the way I present this to agencies is I can 2 -- if I'm talking to your attorney, I would be happy to 3 give your attorney some legal advice, but I can't give 4 anybody else legal advice. But I can share with you 5 what my experiences have been, in my experience, what 6 triggers litigation, and as an advocate, what I think 7 would probably be the best strategy for avoiding 8 litigation, and ideas about how to respond better to 9 public records requests, not only to avoid litigation, 10 but to improve transparency. 11 I actually talked to Marty about that, and Marty 12 poo-pooed the idea, like you're wasting your time, why 13 bother. My argument was isn't that what we are supposed 14 to be doing? If we are really going to be advocates for 15 open government, we can't just be suing people, which is 16 why, for example, I have done this seminar in Levy 17 County, where I talk to public officials about how to 18 avoid litigation, and how they shouldn't interact with 19 activists, and how not to end up on YouTube. 20 So that was -- I'm pretty sure I actually sent an 21 e-mail to Bill about that, if I'm not mistaken. You 22 could make a public records request to find out. 23 Q. with respect to your conversation with Bill, did 24 he mention Martin O'Boyle? 25 A. I don't think so. Our exchange -- he was very -- ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 204 1 I was -- I was surprised, frankly. He was very cordial. 2 I don't know what I was expecting, but he was very 3 polite, very civil. And I actually have a very warm 4 regard for Gulf Stream. I feel sorry for them in that I 5 think they have really struggled with how to wrap their 6 arms around dealing with public records requests. 7 And I'm happy to say this to you and on the 8 record: I have been contacted -- I wish it happened 9 more often, but I am contacted by public agencies asking 10 for help. I'm even, every now and then, contacted by 11 government contractors asking for help. And I think 12 it's noteworthy that I am unaware of a single instance 13 where an entity that is subject to the public records 14 act, that has contacted me asking for my help, has ever 15 been sued by me subsequent to that, or by anybody else, 16 over public records violation. 17 I can't say that I would be willing to offer 18 absolute immunity. But I can tell you what I have told 19 other public officials, and that is if we have a 20 dialogue, and I feel like there is somebody I can call 21 and talk to, to try to work things out, I would much, 22 much rather do that. I would much rather be viewed as a 23 resource than an adversary. Any day of the week I would 24 be happy to do that. 25 Q. You also mentioned you spoke to the clerk when ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 205 1 you made your public records request. Was Martin 2 O'Boyle brought up during that discussion? 3 A. He was there. 4 Q. What do you recall the clerk saying, if anything? 5 A. She was kind of snippy with me. I asked -- I 6 can't remember what record it was I asked for, but it 7 was something that was on an 11 by 17, the original 8 document. And she said she was going to impose a 9 special service charge which is provided for or 10 contemplated in 119.07(4) from the very first minute, 11 that if it took her a second to do it, she was going to 12 charge me for the labor. And I told her that was not 13 lawful, and she did it anyway, and I sued. 14 Q. Anything else from that conversation? 15 A. I mean, it wasn't ugly. And anybody that wants 16 to look, there are dozens, scores of videos on my 17 YouTube channel where you can see what it looks like 18 when I make a public records request. 19 Q. I'm just trying to understand specific to this 20 conversation. 21 A. I just want to be clear that unlike my exchange 22 with my friend Joshua here a little bit ago, I don't get 23 hostile. I don't get upset. I don't cuss. I don't 24 raise my voice. I play to the camera. The approach I 25 take, that I took with her, and the approach I take with ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 206 1 all public officials when I interact with them is I 2 imagine for a moment that a jury is sitting there. 3 Q. I'm just trying to make sure. Did she say 4 anything about Martin O'Boyle during that conversation? 5 A. Marty was flirting with her, but Marty flirts 6 with all women. 7 Q. So she didn't say anything? 8 A. No. I don't think so. I don't remember anything 9 like that. I don't think he asked for her phone number, 10 but he usually does that with women. 11 Q. When was your conversation with Scott Morgan? 12 A. A few weeks ago. 13 Q. What was the conversation about? 14 A. It was a conversation with Bob Sweetapple and 15 with Scott Morgan, and I think it was scheduling for the 16 deposition. All it was -- my exchange with Scott Morgan 17 was nothing more than hi, how are you? I think we had 18 some common acquaintances, something to that effect. 19 Q. With respect to the one police contact where it 20 was cordial... 21 A. Both of them were cordial. I'm always nice. 22 Q. But the one that you described before the 23 meeting, was Martin O'Boyle brought up at all during 24 that conversation? 25 A. Not by name; Marty was doing his little ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 207 1 theatrical routine, which I really admire, actually, 2 where he had his pickup truck, his old beater, parked 3 outside in front of City Hall with a sign on it. And I 4 was enjoying watching some of the residents of Gulf 5 Stream come by, and slow down, and you have these 6 housewives of Gulf Stream looking at it, and kind of 7 shaking their head, like what the hell is happening to 8 my little town? The officer and I kind of joked about 9 the eye sore that it was there. 10 Q. Did he mention Martin O'Boyle by name? 11 A. No. As far as I know, he didn't even know I had 12 any connection to Marty. 13 Q. Other than those six conversations and one e-mail 14 we just discussed, do you recall any other conversations 15 with the employees of the Town of Gulf Stream? 16 A. Well, I guess Jones Foster is the Town's 17 attorney, the law firm is. I have had several 18 conversations with Joann O'Connor, all of which have 19 been very cordial. 20 Q. Let's focus on employees. Any other ones with 21 employees that you can recall? 22 A. Not that I can recall. 23 Q. Have you met with or spoken with any other 24 commissioners other than the mayor? 25 A. Not that I'm aware of. ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 208 1 Q. You mentioned Mr. O'Boyle's pickup truck. 2 A. Yes. 3 Q. Have you ever discussed that with Mr. O'Boyle? 4 A. Yes. He told me about it. 5 Q. What was your conversation with him? 6 A. Just that there was a pickup truck parked down 7 there, had some kind of -- I don't even know what the 8 sign was, some kind of political something or other. 9 Q. Did he ever discuss his motivation for putting 10 the truck there? 11 A. Not that I recall. I can't say that he didn't, 12 but I don't recall. 13 Q. I only want to hear about what you recall. Did 14 you ever discuss with Mr. O'Boyle, his campaign to be on 15 the Town Commission? 16 A. Yes. 17 Q. How many times did you discuss that with him? 18 A. He told me he was going to run. And he gave me a 19 button, which I still, ironically, have hanging up on my 20 wall in my office. 21 Q. Did he ever discuss with you his motivation for 22 running? 23 A. I don't recall. He may have, but I don't recall. 24 It's funny. If somebody asked me what Marty's 25 political persuasion is, I couldn't tell you. I don't ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 209 1 think we've talked about politics many times. 2 Q. I meant more specifically, his motivation for 3 running in that campaign? 4 A. I don't know. 5 Q. You don't recall him discussing it with you? 6 A. He may have, but I don't recall. 7 Q. Did you ever discuss or were you aware that Mr. 8 O'Boyle has planes flying around the town with various 9 messages from time to time? 10 A. I have heard about them. 11 Q. Have you ever seen them? 12 MR. DESOUZA: I didn't hear the question. I'm 13 sorry. 14 MR. GILL: I asked if he was aware that Mr. 15 O'Boyle, from time to time, hired planes to fly around 16 the town with banners. 17 MR. DESOUZA: Okay. Hired planes. 18 A. I know about them. I have heard about them. I 19 don't know that I have ever seen one. I have seen 20 pictures. 21 BY MR. GILL: 22 Q. Have you ever discussed that with Mr. O'Boyle? 23 A. Yes. 24 Q. What did you talk about? 25 A. It was in that -- at one time he also -- I don't ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 210 1 know if he still has it. He had a blimp that had some 2 kind of Velcro contraption on the side where you could 3 swap out signs. And he asked me if -- he offered to 4 give it to the foundation. But I couldn't figure out if 5 he meant I was supposed to fly it. I didn't understand 6 how it was going to work. That didn't seem very 7 practical. Although, I love theater, so as an activist, 8 I really love theater. But I just didn't find any 9 practical application for it. 10 Q. With respect to that, what were your discussions 11 with Mr. O'Boyle about the banners? 12 A. He -- I can't remember any specific instances. 13 I'm confident that at various times, we discussed his 14 theatrical proclivities. And I generally admire them, 15 although I think sometimes it has potential to go over 16 the top. At some point, I suspect that I am inclined to 17 believe that they become counterproductive. 18 Q. Were you aware that Mayor Morgan sent a letter to 19 all town residents on June 2nd, 2014? 20 A. Not that I recall. 21 Q. Do you ever recall discussing some poison pen 22 letter that Mayor Morgan had written to all the town 23 residents regarding pending matters in the town, dated 24 June 2nd, 2014? 25 A. June when? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 2 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 211 Q. June 2nd, 2014. A. Not that I recall. Q. How many town meetings have you attended in Gulf Stream? A. I think only one. Q. Do you remember the date of that meeting, approximately? A. I don't. Q. Did anything of note happen during that meeting? A. Yes. I went there because I -- Marty was going to speak there. And I remember it because he was wearing some kind of fancy shoes he was telling me about. And as I recall, Chris O'Hare gave a very impassioned, expletive -latent comment, which I thoroughly appreciated and enjoyed. Q. What was the content of Marty's speech, Mr. O'Boyle's? A. I don't remember. Q. What was the content of Mr. O'Hare's comment? A. The gist was he felt like the town was screwing with him and not treating him fairly. Q. Did you ever discuss with Mr. O'Boyle any changes to the town's sign ordinance? A. I don't know that it would have been changes to the sign ordinance. I know that he had some clever rj ESQUIRE 800.211.DEPO (33 76) Esquire Solutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 212 1 scheme, and I don't mean that in a pejorative, for kind 2 of getting around it as far as signs he had for a house 3 he was selling. I remember he had some issues with 4 that, and I also remember there were some issues with 5 some of his campaign signs being moved. I don't know 6 the particulars. I just remember it was sort of a 7 crisis kind of a texture to the whole thing, because it 8 was in the midst of the campaign, and they were 9 concerned about First Amendment issues, "they" being 10 Marty, and Jonathan, and Ryan. 11 Q. On your direct testimony, you mentioned like an 12 enemy's list. What do you mean by that? 13 A. Well, Gulf Stream is a great example. I don't 14 have any ethical or legal objections to a citizen making 15 however many public records requests they want to make 16 to an agency or entity that is subject to the Public 17 Records Act. I think that doing that very often can be 18 really, really counterproductive for a whole bunch of 19 reasons, which if you want me to elaborate on, I would 20 be happy to. 21 But as far as using the Citizens Awareness 22 Foundation to make a bunch of public records requests, 23 because somebody's got some vendetta, or some grudge, or 24 has some political angle, or whatever, that just struck 25 me as really inappropriate. And I don't think it would ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 213 1 be illegal. I don't even know that it would necessarily 2 be unethical. It just wouldn't be -- conform with what 3 I thought the objectives of the foundation should be. 4 Q. When you're referring to -- I don't mean a 5 specific written list, but did you believe that there 6 was a list of enemies? And whose list was it, I guess? 7 A. As far as I know, there was no list. I mean, I 8 certainly understand the impulse to make a list. I have 9 a list. It's called my special projects list. And 10 there are a number of agencies in Florida that are on 11 that list, because they have fucked with me, and they 12 have either tried to harass or prosecute me. The 13 Florida League of Cities is on that list. There are 14 entities, agencies, that may have peeked my curiosity. 15 But I don't inundate them with public records requests. 16 I don't harass them. They have my attention. And I'm 17 guessing most of them would just as soon not have my 18 attention, but they haven't. 19 I am not aware of any actual list that Marty may 20 or may not have had. When I say an enemies list, what I 21 meant was specifically Gulf Stream or Dave Aronberg, or 22 whoever. Just because somebody has pissed you off, I'm 23 not interested in carrying your water to go screw with 24 them. I have been hired, for example, on a consulting 25 basis in a political campaign to do opposition research. ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 214 I don't have a problem with that. That's a one-time, one-off kind of a deal. It's a perfectly legitimate thing that's common practice in political campaigns; not Marty's, but somebody else. Carrying water for somebody that just wants to dig their heels into somebody, I have things in my life I want to deal with. There are a lot more important issues to me. There are kids that are being abused. The Department of Juvenile Justice, they have a contract with G4S to run the Avon Park Youth Academy, which sounds like the kind of place you would want to put your kids on a waiting list, but I assure you it's not. It's just a children's prison. And it took them almost a month to find out where those 200 kids are. They couldn't produce an address. The address they produced was an empty field without an outhouse or a chicken coop. That kind of stuff has my attention. Screwing with Gulf Stream, I couldn't care less. Q. You at least perceive that the Town of Gulf Stream was Martin O'Boyle's target? A. Again, I recognize that elephant analogy that we used before. You get three blind men, they touch the elephant, and everybody comes back with a very radically different description of what they're touching. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 215 I realize that when I hear Marty O'Boyle's perceived slights from the Town of Gulf Stream, they may be perfectly real and perfectly legitimate. They may be completely nonexistent. I don't know. What he related to me in his initial battle with Gulf Stream over his house struck me. My sense was -- and again, I recognize I was only getting his side of it -- that he had a legitimate beef. When he painted his house with the cartoons and all that stuff, I thought that was funny. I thought it was clever, protected First Amendment speech. I like that. But I knew he had some issues. He was -- he had an ax to grind with Gulf Stream. I wasn't interested in hiring out to do that for somebody. I hired out to Council on American Islamic Relations because they really had questions about how DJJ was accommodating or not accommodating the religious interests of Muslims in their custody. I'm fine with that kind of stuff. But just going back and pounding on somebody over and over again, what's the point? We are not saving lives. We are not serving justice. All we are doing is screwing with somebody. And I think that he has a right to do that, I just don't want to be the guy that's doing it for him. I'm just not interested in it. Q. And you are referring to the Town of Gulf Stream? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 216 1 A. Yes. And I very much had the sense that is what 2 was happening. I felt like -- and again, I realize that 3 all I'm hearing is one side of it. But my perception is 4 that Chris O'Hare got screwed by the Town of Gulf 5 Stream. I think he had a legitimate beef. Again, I 6 haven't heard Gulf Stream's side of that. 7 I don't think that it's a good idea to send 8 hundreds or thousands of public records requests to an 9 agency, per say. But like my rodeo that I had with Polk 10 City where I described earlier, they wanted to charge a 11 confiscatory amount of money for a very simple public 12 records request. So I really don't have a choice. 13 Either I don't get the records or I make a whole bunch 14 of small public records requests, which I realize 15 creates a lot more work for them, but that's their 16 choice. 17 I think that's different. I want to reserve 18 judgment when somebody tells me that Chris O'Hare has 19 made 2,000 public records requests to the Town of Gulf 20 Stream, that may sound extreme, and it might be. But 21 there again, I don't know the full context of that. It 22 might be the kind of thing where they have told him it's 23 going to be some outrageous amount of money to get the 24 records and he's breaking it down so that he stays 25 underneath the special service charge contemplated in ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 217 1 119.7(4). 2 But I don't know that there was an actual list, 3 but I very much had the sense that Marty wanted to 4 sharpen his knife with Gulf Stream. 5 Q. You testified when you first met Mr. O'Boyle, 6 that you were excited for the opportunity to perhaps 7 work with Mr. O'Boyle, or he could be someone that would 8 be beneficial in your civil rights activity. 9 A. It was the first time that I had a conversation 10 with a person of means that seemed passionate about open 11 government issues and who maybe was being patronizing, 12 but it felt sincere, who seemed to appreciate what it is 13 that I do. I get people all the time that say, "what 14 you're doing is great," but they don't give me any 15 support. 16 Q. Has your opinion changed for Mr. O'Boyle with 17 respect to his First Amendment or public records 18 beliefs? 19 A. Yes, they have very dramatically. 20 Q. How have they changed? 21 A. He is not what I would call a true believer. I 22 have -- when I made my first public records request and 23 had to file suit against the Polk County School Board to 24 vindicate my right and the public's right to access 25 records, I had the ability to write a $50,000 check to ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 218 1 my attorneys. I have never been wealthy, but at that 2 time I was firmly middle class, four kids, private 3 school, the whole nine yards, a couple of boats. 4 I have lost count of the number of yard sales 5 that I have had. I have cashed in my kids' college 6 education funds. I have sold -- I had a magnificent set 7 of Van Staal fishing reels, like a work of art. They 8 were one of the first things to go. The first yard sale 9 you have, you get rid of the crap you haven't used in a 10 year. By the time you get down to the tenth one, you 11 are making some hard choices. I have gone broke doing 12 what I do. I used to buy a brand new car every single 13 year. I did that for probably 14 years straight. 14 There have been times since I have been doing 15 this that I did not own a car. I didn't have one. I 16 couldn't afford a car. The car I have now is a 15, 16 17 year old Volvo that's a rattle trap. I feel like I put 18 my money where my mouth is. There was a time when a 19 number of municipalities in Florida were seeking to have 20 me criminally prosecuted because of an inadvertent, 21 irrelevant, and immaterial error on my indigent 22 application that I filed with the court, asking whether 23 or not I had a homestead, which whether you have a 24 million dollar house or not, that's not even part of the 25 formula. It wouldn't matter how I answered the ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE question. February 24, 2016 219 But because of a little, tiny, less than technical error, the Town of St. Cloud and a whole bunch of other public agencies expressed their desire to have me criminally prosecuted and give me the maximum sentence, which would have been one year for each one of the indigent applications that I filled out. I'd filled out over a hundred of them. They wanted to put me in prison for the rest of my life for an inadvertent, immaterial, irrelevant error on an indigent application, which ironically, when I appealed it, I filled out the indigent application for the appellate court the way they said I should have, made no difference. It made no difference. It was completely irrelevant. As I explained to St. Cloud's attorney, if you succeed with this and you put me in prison for the rest of my life, and I have no other responsibilities, what the fuck do you think I'm going to do sitting in a prison cell? How many public records requests do you think I'm going to make? And how many public records seminars am I going give to every convict in there. If I go to prison for the rest of my life, I will still be doing this. I believe in this. I believe that we cannot have good government without transparency. I believe that ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 220 1 adamantly. And the reason I left the Citizens Awareness 2 Foundation was I came to believe that my continued 3 association with Marty O'Boyle and the Citizens 4 Awareness Foundation would, in fact, hurt my ability to 5 be an advocate for open government. It would hurt my 6 credibility. And as I have -- as I put in a memo to the 7 board, it's almost like I had a crystal ball. I said if 8 you guys keep doing this, this is where we're going to 9 end up. And guess what? That's where we are. The crap 10 that is going on in Tallahassee, which by the way, will 11 not achieve the goals that they think it's going to 12 achieve. It will actually -- mark my words on the 13 record. There will be more litigation; not less. Mark 14 that down. There will be more; not less. 15 Q. So you left because you were worried it was going 16 to damage your reputation in the communities? 17 A. Yes. So the difference that I see, the change 18 that you are asking about, my perception of Marty, it's 19 clear to me that he does not share that same sense of 20 value. I think that he uses public records access to 21 bludgeon people just like he uses litigation to bludgeon 22 people. I don't think it's illegally. And I guess in 23 the strictest sense, I wouldn't say that it's even 24 unethical. I think it's unseemly. I think it's 25 1 unfortunate. And I think he toys with it. And I think ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 221 he was really reckless. I believe this. Every time I prepared for a deposition -- and now I have lost count how many depositions I have done in connection with all this crap. I have a real sense of loss and sadness when I review everything that happened. I think about what it could have been. I think that Jonathan O'Boyle could have had an enormously successful law firm. I think the Citizens Awareness Foundation could have been an unbelievably valuable asset to the citizens of Florida. I think that we could have done amazingly good work, and I think we could have really, positively impacted the lives of a lot of poor and minority people, and I think that just got pissed away, and it got pissed away because of Marty's ego and because of Jonathan's greed. Q. So Mr. O'Boyle's conduct damaged his representation in the First Amendment public records community, in your opinion? A. He's a pariah. And to some extent, I think I've become one; not nearly as much. I still have very good relationships with many of the people. I am still very much a part of the First Amendment Foundation and the Sunshine Coalition. There was a time when I sort of came to expect that I would be invited to come to Tallahassee, and meet with legislators, and testify. I !� ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 222 1 was actually -- I literally dictated 119.0701 to Chris 2 Clark, who was Don Gates' chief of staff. They modified 3 it a little bit before it became law. I don't think 4 that will ever happen again. I think that I am damaged 5 goods to a very large extent. That's okay, I guess. My 6 focus moving forward is still going to be open 7 government, but it will be a lot more directly related 8 to poor minority people. 9 I can tell you that -- and I relish the 10 opportunity to say this on the record in front of you 11 gentlemen. If you guys -- if the establishment didn't 12 like what I was doing before, hold onto your fucking 13 hat. You're really not going to like what's coming. 14 Q. So you think that damaged reputation is from your 15 association with Martin O'Boyle? 16 A. Yes. 17 Q. Mr. Chandler, you have explained some of your 18 financial issues, and I don't want to delve too deeply, 19 but do you have any other source of income other than 20 what you do sort of when you -- you talked about getting 21 money from seminars. Do you have any other employment 22 or anything like that? 23 A. I guess you would have to define employment. 24 Q. You said you have mouths to feed. I'm just 25 trying to determine how you bring in money to do that. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 2 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 223 A. When I'm not doing a yard sale, you mean? Q. Yes. A. Yes. I do some public records litigation. I have, I think in the last -- I want to say in the last year or so, I don't think that I have sued but one publicly operated entity, which was Polk City. My real interest has been much more on state contractors. And so very frequently when I file suit against these contractors, the defense that I get in spite of the fact that their contract explicitly states that the contract can be immediately and unilaterally terminated for failure to comply with a public records request, their defense is, "Golly, gee. We didn't know. We didn't know we were subject to the Public Records Act. We didn't know." Which of course, in my mind, means you have been taking money to do a job you have no intention of doing. And there's a word for that. It starts with "F" and it ain't fraud. It's fucked up. If you take money and not plan on doing the work -- but whatever. So I only file suit when the facts are absolutely clear and indisputable. So for example, I get accused very often of engaging in gotcha litigation, waiting for some little minor technical violation and pulling the trigger. Some of the most recent income that I have had, I made public records requests to contractors who r,� ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 224 1 were absolutely, unequivocally subject to the Public 2 Records Act based on the terms of the contract. 3 I sent an e-mail. They got it, and they ignored 4 me. I stent another e-mail, they got it, they ignored 5 me. I sent a fax. I got a fax confirmation. They 6 ignored me. I sent another fax, got a fax confirmation, 7 they ignored me. I sent a US Priority Mail delivery 8 notification, they got it, they ignored me, and I filed 9 suit. But before I filed suit, I also contacted the 10 sate agency and asked either the general counsel of the 11 state agency, the secretary of the state agency or the 12 contract manager to intervene and tell the vendor to 13 produce the records, which they didn't do. Then I filed 14 suit. And I really don't know what more a person could 15 do to get the records than that. And they know they are 16 going to lose, and they want to settle. And it's the 17 same thing. You've got to produce the records or 18 certify that after the belated production, that's 19 everything there is. You have to take some kind of 20 remedial action, and I want to be paid money I'm not 21 entitled to for my time, effort, and aggravation. And 22 if you don't want to do that, I'm perfectly okay with 23 that. I really truly am. My purposes are served by 24 going to court and having a judge say that you broke the 25 law. I'm all right with that. That's how I make a ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 225 1 living, by -- let me finish. 2 I make a living by getting people who are 3 breaking the law at tax payer expense, to start 4 complying with the law at their expense, and they pay me 5 for the time and effort it took to do that. 6 Q. You still don't do anything with copy machines or 7 anything like? 8 A. No. 9 MR. GILL: I don't have any further questions for 10 you, Mr. Chandler. Thank you very much. 11 Daniel? 12 MR. DESOUZA: What do you guys want to do at this 13 point, because 5:30, you guys have a 4 hour, 3 and a 14 half hour drive home, and I don't have a half hour of 15 questions, although I think our 7 hours is probably up 16 pretty soon. 17 Joel, correct me if I'm wrong. I don't know if 18 you want to be there all night. 19 THE WITNESS: Well, only if you're going to slip 20 into some sexy lingerie. But if you're not going to 21 do that, I don't want to be here all night. 22 MR. DESOUZA: Truth be told, I said I wasn't 23 wearing heels, but I didn't say what else I was 24 wearing. 25 THE WITNESS: Well, that's way too much ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 226 1 information. Let's change the line of questioning 2 here. 3 I'm fine. These guys are already up here. I 4 would hate for them to have a to make another trip up 5 to beautiful Polk County. I'm happy to hang out for 6 another 30 minutes, if you want to fire away with some 7 questions. I'm sure they'll be very easy questions 8 that are not confrontational in any way. 9 MR. DESOUZA: Not at all. 10 MR. GOLDSTEIN: How long do you think you have? 11 MR. DESOUZA: I can tell you I don't have half an 12 hour. I probably don't have an hour. I probably 13 don't have an hour and a half. Once we get beyond 14 that. It's hard to estimate. 15 THE WITNESS: Do you think we'll be here an hour? 16 MR. DESOUZA: I've got more than an hour and a 17 half, probably two hours worth of stuff. But it could 18 go longer than that. I don't want you guys to be on 19 the road at 9:00, 10:00 tonight, and then we've got 45 20 minutes left or something at that point. 21 THE WITNESS: What does everybody else want to 22 1 do? 23 MR. GOLDSTEIN: I don't particularly feel like 24 staying here until 7:00. 25 MR. DESOUZA: Let's take a five-minute break. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 227 1 (Recess from 5:31 p.m. to 5:36 p.m.) 2 MR. GOLDSTEIN: We would agree to adjourn and get 3 back on the record at a mutually agreeable time. 4 THE WITNESS: Are you okay with that, Dan? 5 MR. DESOUZA: I kind of wanted to get started 6 with another -- with some questions fresh on my mind 7 that I would like to ask. We are basically going to 8 have to come back, whether it's up to Lakeland with 9 you guys on the phone or with Joel down here, 10 hopefully not in the Volvo. 11 THE WITNESS: No. It won't be in the Volvo. The 12 cost is going to include a rental car, fuel, lodging, 13 because I will not come down and come back the same 14 day. I am not going to drive 8 hours. And my meals, 15 which I can't imagine would be anywhere near what you 16 guys are billing. 17 MR. DESOUZA: Is the court reporter already 18 packed up? 19 THE WITNESS: No. She's still typing. 20 MR. SWEETAPPLE: We are all packed up, Dan. 21 We're ready to get back. 22 MR. DESOUZA: I would like to go until 6:00. I 23 don't -- I'm not going to have a lot of subjects to 24 cover right now, but I would like to go until 6:00. 25 THE WITNESS: I don't care. It's all right with ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 228 1 me. All right, Dan. Fire away. 2 CROSS-EXAMINATION 3 1 BY MR. DESOUZA: 4 Q. Okay. Joel, after you left CAFI, and that was 5 June 30th, 2014; is that the timeframe? 6 A. Yes. 7 Q. Before leaving, had you ever spoken to Bob 8 Sweetapple at that point? 9 A. No. 10 Q. Before June 30th? 11 A. No. 12 Q. Before June 30th, had you ever spoken to Mayor 13 Morgan? 14 A. No. 15 Q. Before June 30th, had you ever spoken to Joann 16 O'Connor? 17 A. No. 18 Q. Now, I guess the corollary is after June 30th, at 19 some point you spoke to Sweetapple, and you said you had 20 sent some e-mails out, I believe was your testimony; is 21 that right? 22 A. Yes. 23 Q. When do you recall first sending an e-mail to Bob 24 Sweetapple? 25 A. I don't recall the exact date. It would have ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 229 1 been not long after I received the threats from Marty 2 O'Boyle. 3 Q. Would that be a period of weeks, months after 4 June 30th, 2014? 5 A. Hours or days. 6 Q. Do you recall what you said in that e-mail? 7 A. No. I don't remember the exact language. 8 Q. Do you recall the gist of it? 9 A. The gist of it was that I had left the Citizens 10 Awareness Foundation as a result of irreconcilable, 11 philosophical, and ethical differences, that the 12 recipient of the e-mail -- because I sent out the same 13 e-mail to a bunch of attorneys I believed were 14 representing somebody, an entity that was being sued by 15 Citizens Awareness Foundation. If I could be of 16 assistance, I would be happy to help free of cost. 17 Q. Do you remember if it was one e-mail or multiple 18 e-mails, like one e-mail where you carbon copied a bunch 19 of people, or a bunch of different e-mails? 20 A. I think it was more sophisticated than a carbon 21 copy. I think they were mail merged and sent out. So I 22 think each recipient got his or her own e-mail, as I 23 recall. 24 Q. And you think you sent that e-mail at least to 25 1 Bob Sweetapple hours or days after giving your ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 230 1 resignation on June 30th? 2 A. It would have been very shortly after that. Once 3 the threats started, I -- operation Plan B went into 4 effect. 5 Q. I assume Bob responded to your e-mail at some 6 point; is that correct? 7 A. Yes. I don't remember how long. It was a delay. 8 I was -- frankly, my feelings were kind of hurt. I 9 thought he would respond right away and he didn't. If 10 I'm not mistaken, I think Joann O'Connor responded 11 before Bob did, as I recall. 12 Q. Do you believe you sent the same gist of an 13 e-mail to Joann O'Connor? 14 A. I believe I did. 15 Q. Do you recall what Joann O'Connor's response was? 16 A. I think she called me on the phone. And if I'm 17 not mistaken, she qualified to be sure that I was not 18 being represented by counsel, and that it was okay to 19 talk to her. And I assured her that it was. And we 20 just kind of talked briefly about my departure from CAFI 21 and my enthusiasm about helping people who were being 22 sued by CAFI. 23 Q. When you say "helping people that were being sued 24 by CAFI," did you offer an e-mail to help people win 25 lawsuits? What type of help were you offering to give? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 231 1 A. As I recall, the people that I talked to -- and I 2 don't recall everything that responded to that e-mail 3 thought went out. I want to say -- the number that 4 sticks in my head, and this may not be exact. I 5 probably sent out 60, or 70, or 80 e-mails, and I 6 probably had less than 20 people respond. And the gist 7 of the conversations I had with each one varied a little 8 1 bit, but the flavor of each one was that the facts of 9 your case suck, and you're going to lose. Your client 10 broke the law. But there are strategies that you can do 11 to, in my mind, mitigate their liability and resolve 12 this in a way that would eliminate or dramatically 13 reduce any economic incentive for the O'Boyle Law Firm 14 and CAFI to pursue you in litigation. 15 Q. Focussing just on the e-mails as opposed to the 16 telephone conversations, in your e-mail, did you just 17 volunteer to help, or was it more specific than that? 18 A. I think it was -- I don't remember being more 19 specific than that. It was -- because I'm -- I'm not a 20 lawyer. I'm not practicing law. I can certainly give 21 advice to an attorney, but my interest was much more in 22 trying to eliminate recurrences of what happened with 23 Miami's River of Life, where somebody was being told to 24 pay sums of money that were far beyond the actual costs 25 and reasonable attorneys fees, namely to demand a fee ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 232 1 hearing -- produce records, admit liability, and demand 2 a fee hearing. 3 But I also -- I remember vividly having this 4 conversation with Joann where I told her the reason I 5 was so willing to give that advice, which on its face 6 seems like it would undermine open government advocacy, 7 because why wouldn't people just keep doing that? And 8 the answer is because you are setting yourself up for an 9 injunction, then you're screwed. How many times can you 10 do that and the judge doesn't lower the boom. 11 Q. Obviously, as my colleague, Joshua Goldstein, is 12 intimately aware, there's an issue with documents that 13 you have in your possession or had in your possession 14 that were, at some point, produced to Mr. Sweetapple, to 15 myself, and to perhaps others. Is that a fair 16 characterization? There is an issue regarding these 17 documents? 18 A. Oh, yes. 19 Q. Without going back to your conversation with Mr. 20 Goldstein, in your e-mails after you left CAFI, you sent 21 to these attorneys that were adverse to CAFI at the 22 time, did you mention in any of the e-mails that you had 23 documents that could help them? 24 A. I don't recall. I don't recall. I don't think 25 so, but I don't recall. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 233 Q. Those e-mails, are those e-mails that you still have copies of somewhere on your server or network? A. Yes. And you have them, and Bob Sweetapple has them, and anybody else that's made these duplicative demands for documents has those. You guys have all that And you will recall that I have repeatedly offered to meet with you or anybody else that needs help navigating those documents. I think that upon examination, it will become very clear that they are extraordinarily, neatly, and logically organized, methodically so. But given the sheer volume of documents, I can certainly understand why somebody would be kind of overwhelmed. It was not a data dump. They are neatly organized, but there are just a lot of them. So I'm not going to do that at my expense. I don't expect to be compensated for it, but if somebody is going to have me do that, then certainly the cost of me coming to do it is going to have to be covered. Q. The documents that we are talking about and the hard drive that has been produced to me before, these are documents that were created, or were sent, or were received at a time that you were working for CAFI; is that right? A. I believe -- if I'm not mistaken, it would be documents that were created or received or maintained r ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 234 1 while I was at CAFI, then after I left CAFI, if I'm not 2 mistaken, because I don't think you made that demand for 3 documents until much later. 4 Q. In putting together this -- I'm just going to 5 call it a hard drive of documents. I assume you know 6 what I'm talking about when I say "the hard drive of 7 documents." 8 A. Yes. 9 Q. In compiling these documents, this was done where 10 in the timeline? So if we take June 30th as your exit 11 date from CAFI, when was this done in the timeline? 12 A. Well, it would have been done after the 13 nonsensical lawsuit was filed against me by CAFI. 14 Q. And again, I'm not referring to gathering the 15 documents for production to me in response to the 16 document request. I'm more referring to -- at some 17 point you put together a bunch of documents, I'm going 18 to call it, whether it was for my purposes, or to give 19 to Bob Sweetapple, or just to compile for yourself. And 20 I'm trying to figure out when that happened. 21 A. Well, I gave my -- I'm not sure when it was. I 22 gave my sworn statement to Bob Sweetapple. It would 23 have been in that timeframe, I think, that I first 24 produced documents to him. I say first. I think that's 25 the only time I produced documents for Bob, certainly ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 235 any -- the hard drive you're talking about. Q. Let me ask you a different way. When you were working for CAFI, you had access to all of these documents, presumably; right? A. Yes, I did. That's how I have them. Q. Right. And when you left CAFI, how was it that you still had these hundreds of thousands of pages of documents? A. Because part of my employment agreement with Marty and CAFI was that were going to provide computer equipment to me, which they never did. As a result, I was using the computer that I have through an arrangement with the Counsel on American Islamic Relations, the Macbook Pro that I used then and the Macbook Pro that is the same one I still have now doesn't belong to me. It belongs to them. And it was a result of a grant arrangement that paid for it, and I will have to return it to them in October of this year. So all of the documents were on gear that I owned. And the only computer equipment that was paid for by CAFI was a very nice, very large fire wire connected hard drive, but I returned that with all of the documents, all of the data that was on there. That was being used as backup, purely as backup. So all of the documents that I have were on the machine that belongs -- I don't !, ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 236 1 own it, but is in my possession lawfully. 2 Q. Right. And you had testified, I think, earlier 3 today that -- hopefully I'm using your words and not 4 butchering them, that at some point, you saw the writing 5 on the wall as you prepared to exit from CAFI; is that 6 right? 7 A. Yes. 8 Q. And in seeing the writing on the wall, I think 9 you testified that you had started to gather documents, 10 whether to protect yourself or for some other reason; is 11 that right? 12 A. It wasn't that I was gathering documents. I 13 think that would not be a fair characterization. These 14 are documents that I would have had no matter what 15 happened, whether I thought I was going to leave or not 16 leave. The difference was that my e-mail exchanges were 17 such that they left little room for debate about what 18 was actually said. For example, Denise demanding that I 19 produce 25 cases per week or 100 cases a month, or her 20 demanding that I draft lawsuits. I artfully made sure 21 that those exchanges produced the full flower of her 22 meaning. 23 So I didn't create documents. I didn't gather up 24 documents. It wasn't like I was scouring through 25 somebody's filing cabinets and taking things that I ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 237 wasn't supposed to have. What I meant by anticipating leaving and wanting to be sure I had things well documented, when Denise said, "Hey, draft lawsuits," I didn't just say no; I'm not to going to do it. I laid out, here's why I'm not going to do it, because it's the unlicensed practice of law. That's what I mean. Or for example, when I drafted the memo that I -- the written memo that I placed in front of Denise and Bill during our meeting where I warned them that if things didn't change, I was going to quit, I wrote that with an eye towards where we are right now. It was very deliberate. But I didn't take documents or squirrel away documents that I wouldn't have otherwise had. I made sure that the documents I do have are clear. Q. Prior to leaving CAFI, did you make any attempts to organize documents or prepare what you thought were documents in any sort of way? A. No. They -- no. The organization that you will find on the hard drive that I gave to you and that Bob would find on the hard drive that I gave to him, is generally reflective of the organization that I have for all of my files. Like e-mails, for example, every e-mail that I have exchanged with Bob Sweetapple has his own folder. Every e-mail that I've ever exchanged with Lou Roeder has its own folder. Every e-mail that I've `,� ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 238 1 ever exchanged with my wife has its own folder. I 2 probably have hundreds and hundreds of subfolders in my 3 e-mail client. That's just how I organize it. 4 So it's not like I created a new hierarchy for 5 file organization. I just basically took what was 6 already in existence and copied it to an external hard 7 drive. There would have been some minor changes just 8 because the root directories would have been different, 9 but for the most part it's the same. 10 Q. Since he endeavored to drive 3 and a half, 4 11 hours up there, I don't want to end the day without 12 talking about Mr. Sweetapple. You said that you sent 13 the e-mail to him, something to the gist of, I have left 14 and I can offer help, and it took him some time to 15 respond to you. Do you recall how Mr. Sweetapple 16 responded to you? 17 A. I don't remember whether it was an e-mail or 18 phone call. At some point we did talk on the phone. 19 Q. What do you recall about that phone conversation? 20 A. I remember he sounded much more human than I was 21 expecting. 22 Q. Why do you say that? 23 A. I thought there was going to we some kind of 24 dragon sounding voice, the way he had been described to 25 me by everyone down there. He was very pleasant. He ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 239 1 was very cordial. All of our exchanges have been very 2 pleasant. I have never had a cross word with Bob. It's 3 not like we are buddies and we hang out or anything, but 4 they have always been very cordial, very professional, 5 pleasant. 6 Q. How many cases was Bob Sweetapple involved in at 7 the time against Marty, or CAFI, or any of the entities 8 that were down here? 9 A. I have no idea. 10 Q. Who is it that would have described Bob in June 11 2014 to you in a negative light? 12 A. Well, I don't know that it was just in June 2014. 13 I just remember his name coming up very regularly at the 14 office there in Deerfield Beach, the CAFI, O'Boyle Law 15 Firm office. It came up a lot. And I remember I got 16 various descriptions, some of which from people that I 17 -- whose opinion I would have actually given credence 18 to. Marrett Hanna, for example, had a pretty negative 19 impression of him. But you know, he is an attorney. So 20 there's that. But I don't know. He was just -- he was 21 always described in a negative, adversarial kind of way. 22 Q. Well, at some point, Bob either e-mailed you or 23 called you after your initial e-mail. And what do you 24 recall discussing with him at that point? 25 MR. GOLDSTEIN: Asked and answered. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE 1 1 BY MR. DESOUZA: February 24, 2016 240 2 Q. That's great. You can answer it again. 3 A. Okay. 4 Q. So this is just whatever initial conversation or 5 e-mail exchange you had with him; not in general over 6 the life of your discussions with Bob. 7 A. You say that -- I'm sorry, Dan. Say that again. 8 Q. I'm just asking, you sent an e-mail to Mr. 9 Sweetapple, and he responded to you in some fashion, 10 whether it be a phone call or an e-mail. I'm trying to 11 get a sense of what was discussed in that initial 12 contact with Mr. Sweetapple. 13 A. I can't say with certainty that it was limited to 14 our first conversation, but the first -- either the 15 first conversation or the first couple of however many 16 conversations we had -- it wouldn't have been very many. 17 We moved pretty quickly towards scheduling a visit here 18 in Lakeland for my sworn statement. We kind of 19 commiserated together about the difficulties of what was 20 going on in Gulf Stream, about the mess that was 21 becoming CAFI, or CAFI had become. We talked about 22 dealing with Marty. Had I not ever met Marty before and 23 relied solely on upon Bob Sweetapple's descriptive 24 powers, I would have expected Marty breathe fire, and 25 have horns, and a tail, and a pitchfork. So I get the ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 241 feeling that neither of them really like each other. Although, I will say in some respects, they are remarkably similar. Q. During any of your initial conversations with Bob, did the subject of documents that you had during your tenure with CAFI come up? A. Probably. I mean, it came up at some point, I think, before he came to Lakeland, so yes, within our first few conversations. Q. What do you recall about that? What do you recall saying to him, him saying to you? A. I described the nature of some of what I would think of as being some of the more damning documents, Denise running the law firm, and trying to get me to engage in unlicensed practice of law, or the quota for generating lawsuits, and the fact that Denise had access to the O'Boyle Law Firm client database, the cleo software system, that she was in there running reports and having access to all client information, not just CAFI, which I had a problem with, including Jeff Gray, and Jeff Frazier, and other people I had referred to the O'Boyle Law Firm, which I found very distressing because of attorney-client privilege issues, just those sorts of things, documents that I thought made it very clear that Marty was really using Cathy as his instrumentality of ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 242 1 vengeance on Gulf Stream, among other things. 2 Q. Is it fair to say that you recall discussing some 3 of your substantive complaints with Mr. Sweetapple as to 4 what you thought was unethical or improper conduct that 5 was going on at CAFI? 6 A. Yes, we probably did to some degree. 7 Q. Is it fair to say that you also discussed the 8 substance of what some of these CAFI documents would 9 1 show, what you would believe they showed with him? 10 A. I probably did. I think so. That's going to be 11 a fair assessment. 12 Q. Do you recall Mr. Sweetapple expressing any 13 hesitation or concern about talking to you about these 14 subjects after your exodus from CAFI? 15 A. Yes. I recall him going into great detail about 16 warning me about attorney-client privilege, both my own 17 and CAFI's attorney-client privilege. In fact, he did 18 that on the record during my sworn statement. I thought 19 that he went out of his way to guard against -- frankly, 20 I thought he was -- I don't think naively, I believe 21 this, but I think he genuinely was trying to be sure I 22 didn't waive any attorney-client privilege without being 23 conscious of doing that, for my own. 24 Q. But in terms of the timeline, you left June 30th, 25 1 and you gave the sworn statement, what, about a month ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 243 1 later; is that fair to say? 2 A. I don't know. We had the -- I don't have my 3 glasses. July 23rd, 2014 is when the sworn statement 4 was given. 5 Q. So a little less than a month later? 6 A. Yes. 7 Q. In terms of the timeline there, do you recall 8 discussing the substance of your complaints about CAFI 9 with Bob prior to the sworn statement? 10 A. I think I have already answered that. 11 Q. Well, I know you went on record in the sworn 12 statement, and Mr. Sweetapple made statements about 13 privilege and other items like that. But I'm trying to 14 figure out before the sworn statement, were these 15 conversations happening about the substance of your 16 complaints? 17 A. Yes. You have already asked me that question. I 18 answered it just a minute ago. We had discussions about 19 the substance of my complaints. Yes. 20 Q. Did Mr. Sweetapple warn you -- or not warn you, 21 but did Mr. Sweetapple discuss with you any concerns or 22 hesitations he had at that time with privilege waivers 23 and other items like that? 24 A. I don't recall that specific conversation. The 25 only point of reference I really have that I'm confident ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 244 1 in is the transcript of my sworn statement where I 2 thought he belabored that issue at the opening of the 3 discussion of my statement. 4 Q. But it's certainly possible that you discussed 5 the substance of your complaints with Mr. Sweetapple 6 prior to that, and Mr. Sweetapple did not express a 7 similar concern at that time of, here are all of the B issues of privilege and waiver in those earlier 9 conversations; is that right? 10 A. I'm going to object to form. It's possible I 11 could grow wings and fly, but that doesn't mean it's 12 going to happen. I don't know whether it's possible or 13 not. I guess it's possible. 14 Q. Let me switch the question then. Do you recall 15 in any of those earlier conversations, Mr. Sweetapple 16 telling you, "Hold on, Joel. You're telling me some 17 things that might be privileged or might be 18 confidential, and I've got some concerns with that"? 19 A. Again, I'm going to object to form. I don't 20 remember him making that statement. You said, did he 21 say, then you give me a quote of what he said. I don't 22 know. No. I don't -- let me say this as definitively 23 as I can, and maybe this will allow us to move on to 24 whatever other questions you have, because I can't wait 25 to hear them, because I know they will be good ones. ESQUIRE 800.211.DEPO (3376) 11 1 EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 245 1 I don't recall whether or not, during my 2 telephone conversations or any e-mails exchanges that I 3 had with Bob prior to us meeting for the first time in 4 Lakeland, face to face, I don't recall whether or not we 5 discussed specifically, issues about attorney-client 6 privilege. I do know with certainty that he belabored 7 that issue when we did meet in person on the record. I 8 can't answer that any more clearly than that. 9 Q. Now, obviously you said some things to him about 10 what you thought were unethical or improper conduct. 11 But do you recall Mr. Sweetapple ever saying anything to 12 you on his opinion or what he thought was unethical or 13 improper or illegal conduct? 14 A. Yes. 15 Q. What do you recall about that? 16 A. I remember Bob telling me how much he appreciated 17 my willingness to come forward and disclose what I knew, 18 and that he found the conduct that I was describing 19 troubling. That was the gist of the conversation. I 20 don't remember the exact words. We actually had that 21 conversation -- I remember that conversation 22 specifically in an anteroom of the facility where we had 23 the sworn statement. He and I chatted for a few minutes 24 before we went on the record. 25 MR. GILL: Daniel, this is Hudson. It's 6:00 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 246 1 o'clock. How much more do you want to go tonight? 2 MR. DESOUZA: I probably have another 10, 15 3 minutes tonight, then we will reconvene. 4 MR. GILL: I mean, you're the one that proposed 5 we adjourn before your questioning, then you went on 6 break, and now you want to go. You keep pushing the 7 time. 8 MR. DESOUZA: I'm also the one that is Plaintiff 9 in this case and has gotten all of 25 minutes to talk 10 to the witness versus the 6 and a half, 7 hours that 11 you guys took. 12 MR. GILL: No one is objecting to you questioning 13 him again. 14 MR. DESOUZA: That's great. We can argue for the 15 next 10 minutes about it or I can ask him 10 more 16 minutes of questions. 17 THE WITNESS: Dan, I'm fine. Go ahead with your 18 questions. But I would be -- you know me. Ask me 19 what time it is, I'll tell you how to make a watch. 20 I'm happy to keep talking to you all night, but these 21 guys probably want to get going. I would just 22 graciously suggest that we try to limit it to maybe 23 another 10 minutes so these guys can go. 24 MR. DESOUZA: I'm not planning on going any 25 further than that. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 2 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 247 THE WITNESS: Okay. BY MR. DESOUZA: Q. In your conversations with Mr. Sweetapple -- actually, strike that. You're aware that at some point, a federal RICO lawsuit was filed by Gulf Stream and Wantman Group against Martin O'Boyle and various other defendants; correct? A. Yes. Q. Did you ever discuss the RICO lawsuit or the prospective filing of the RICO lawsuit with Bob Sweetapple? A. Yes. Q. When did that happen? A. Before it was filed; I don't know the date. Q. Did Bob Sweetapple tell you the Town of Gulf Stream would be filing a racketeering lawsuit against Mr. O'Boyle and others? A. Yes. Q. How did that conversation come up? A. I don't recall how it came up. We were talking on the phone. Q. Well, what do you recall about it? What do recall Mr. Sweetapple saying to you? A. That they plan to file a RICO lawsuit against ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 248 1 Marty and Chris O'Hare, and I guess there were other 2 people named in the lawsuit. I didn't follow that case 3 very closely. 4 Q. Did Mr. Sweetapple tell you why it is that he 5 considered this to be a valid lawsuit, or why it is they 6 were planning to file a racketeering lawsuit against 7 these individuals? 8 MR. GOLDSTEIN: Object to form. 9 A. I would assume -- no. I don't recall that 10 specifically. I have read at least portions of the 11 complaint, so I would presume that the gist of his 12 rationale was laid out there. 13 BY MR. DESOUZA: 14 Q. Well, do you recall Bob Sweetapple ever telling 15 you, we're suing them because they are committing 16 racketeering violations? 17 MR. GOLDSTEIN: Form. 18 A. I don't recall him using those words. 19 BY MR. DESOUZA: 20 Q. Other than saying, "we're going to file a RICO 21 lawsuit against Marty and others," do you recall Mr. 22 Sweetapple saying anything else about the forthcoming 23 RICO lawsuit? 24 A. I thought he expressed -- I thought he was 25 overconfident in it prevailing. As I have said earlier P,) ESQUIRE 800.211.DEPO (3376) Esquire Solutions. cam JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 249 1 today, I readily acknowledge that I know very little 2 about RICO prosecution, so I do recall having a 3 conversation with Marrett Hanna about it. And her 4 perspective as a former prosecutor is they're very -- 5 civil RICOs are very difficult to win. I was 6 particularly troubled, and I'm very confident that I 7 expressed to Bob and to Joann O'Connor, my 8 disappointment and concern that they were involving 9 Chris O'Hare. I have been, I think, very clear with 10 everybody that I have ever talked to about this issue, 11 that I think that's ill advised, unfair. I don't think 12 he's the bad guy here at all. 13 Q. well, the RICO lawsuit was filed on February 12th 14 of 2015. Do you recall roughly how far before that this 15 conversation about a forthcoming RICO lawsuit happened? 16 A. I have no idea. 17 Q. Do you know whether it was 2014, 2015, or you 18 can't tell? 19 A. Already asked and answered. I don't know. 20 Q. Other than the one conversation we are talking 21 about with respect to RICO, do you recall having any 22 other conversations with Mr. Sweetapple about RICO, 23 racketeering? 24 A. I don't remember any specific conversations. 25 There was a brief period where Bob and I talked. I ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 250 1 wouldn't say frequently, but we talked several times in 2 comparison with other periods where we have gone many 3 months without any communication at all. Sometimes my 4 feelings were kind of hurt. I feel like he's forgotten 5 me. But no. I don't remember how many times we talked 6 about it. 7 I like Bob. Bob seems like a good guy. I wasn't 8 being patronizing, but I don't really care about that 9 whole thing. The only interest I've got in the RICO is 10 I think it's -- I dont' think that Chris should have 11 been wrapped up in that, and I think Chris got screwed. 12 But other than that, I don't really care. If the 13 underlying issue -- and Bob and I have discussed this on 14 more than one occasion. If the underlying issue is just 15 making public records requests, I think it was ill 16 advised. If it deals with other issues, then there are 17 probably other issues that should be dealt with. But 18 again, I don't know enough about RICO to have an opinion 19 about it. 20 Q. Going back to this one conversation that we are 21 recalling prior to the RICO lawsuit being filed, do you 22 recall whether Mr. Sweetapple distinguished between 23 civil RICO, criminal RICO? Did he make any distinction 24 in that regard to you? 25 MR. GOLDSTEIN: Dan, you cut out in the middle of ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 251 your question. BY MR. DESOUZA: Q. During this conversation pre RICO lawsuit where Mr. Sweetapple told you something about RICO was going to be coming, did he make any distinction between criminal RICO or civil RICO? A. I dont' remember ever hearing any discussions about a criminal RICO. Q. Well, that's what I'm asking. Was it, we are going to be suing them in a civil lawsuit with respect to RICO violations, or was it just, we are coming after them for RICO, if you get what I'm saying? MR. GILL: Object to the form. MR. GOLDSTEIN: Join. A. I will answer it. I don't remember there being any discussion about any kind of criminal whatever. What I remember is the civil RICO. And frankly, at that point, I didn't know there was such a thing as a civil RICO. We are talking about stuff I don't know anything about. I just don't know. Like I said before. I watch the Sopranos, but other than that, I don't know anything about RICO. Q. In this conversation with Mr. Sweetapple, was there any reference to you possibly being a defendant in this lawsuit coming up? 0ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 252 1 A. No. Although I have heard rumors that if Bob 2 didn't get his way, that my head was going to be on a 3 pike. But that has never been my experience with Bob. 4 I have never received any kind of threatening aura or 5 words from Bob ever. There has never been any kind of 6 cooperate or else. I have never gotten that from him 7 ever, not a whiff of it. And I can assure you if I had, 8 he and I would not be on good terms. 9 Q. What about the inverse of that? 10 A. As an inducement, if you cooperate, we won't have 11 your head on a pike? Is that what you're asking me? 12 Q. Right. 13 A. I would have told him to go fuck himself if he 14 had said that. I didn't do anything wrong. My hands 15 are clean here. 16 Look. Just so we are clear, I'm going to 17 elaborate on that one. I have not gotten any kind of 18 inducement from anybody for anything that has anything 19 to do with any of the crap that's going on down in Gulf 20 Stream. The only -- the only person that has ever 21 threatened me in Gulf Stream is Marty. That's it. 22 That's the extent of it. Nobody else has ever 23 threatened me. Nobody else has ever made any promises 24 to me. Nobody has offered me a Hawaiian vacation. 25 Nobody has offered to not prosecute me. I have gotten ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 253 1 none of that. And frankly, if anybody had -- I would 2 perceive a, "we won't come after you if," as a threat. 3 And you know how I respond to threats. 4 Q. Let me ask you before we leave, this is probably 5 a good end question here. But since your first 6 conversation with Mr. Sweetapple, is there anything 7 that, in your opinion, you witnessed, observed, or 8 talked to Mr. Sweetapple about that you would consider 9 to be unethical on his part? 10 MR. GILL: Object to the form of the question. 11 MR. GOLDSTEIN: Object to the form as well. 12 MR. DESOUZA: You guys are whispering over there. 13 MR. GOLDSTEIN: I said object to form as well. 14 A. No. I have never -- I mean, today is only the 15 second time that I have seen Bob Sweetapple. Frankly, 16 if I passed him on the street, I'm not sure I would have 17 recognized him. So my direct contact with him has been 18 extremely limited. All of my conversations with him, I 19 have sensed that he seems like a -- for somebody who is 20 a member of the Bar, he seems like a pretty straight 21 guy. No. I think that's the -- the only issue I have 22 had with Bob is screwing around with Chris O'Hare, which 23 I guess ultimately I can blame his client for that. But 24 I think that shouldn't happen and I wish they'd leave 25 the guy alone. But that's just me. That's the only ESQUIRE 800.211.DEPO (3376) a n , Esquire Solutions. com JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE 1 1 issue I've got with Bob. February 24, 2016 254 2 MR. DESOUZA: I want to keep my 10 minute promise 3 to Hudson and Josh. With the stipulation that we are 4 either coming back to Lakeland or Joel is coming back 5 down to Florida under some other arrangement, I assume 6 everyone has agreed to reschedule a further deposition 7 of Joel, and Joel, you have agreed to make yourself 8 available. If that's not correct, someone let me 9 know. 10 THE WITNESS: That's fine. That's fine. I just 11 want to get it on the record that it needs to be -- I 12 need to get reasonable notice. If everybody is 13 reasonable and nice, then I will be more than happy to 14 be a team player, although none of you will probably 15 like what I have to say. 16 MR. GILL: The Town agrees to that, Daniel. 17 MR. GOLDSTEIN: As well as Mr. Sweetapple. 18 MR. DESOUZA: I will go on record and say that 19 everyone here is reasonable and happy. 20 MR. GOLDSTEIN: Who else is there, Daniel? 21 MR. DESOUZA: I've got Marty here and I've got 22 Chris here. 23 MR. GOLDSTEIN: When did Chris join you? 24 MR. DESOUZA: Chris was here a couple hours ago. 25 THE WITNESS: I talked to Chris early in the day. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 2 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 255 --I--- ---.-..-.....-_... JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE 1 DEPOSITION ERRATA SHEET 2 3 4 Our Assignment No. 118775 5 Case Caption: O'Boyle vs. Sweetapple 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 February 24, 2016 256 DECLARATION UNDER PENALTY OF PERJURY I declare under penalty of perjury that I have read the entire transcript of my Deposition taken in the captioned matter or the same has been read to me, and the same is true and accurate, save and except for changes and/or corrections, if any, as indicated by me on the DEPOSITION ERRATA SHEET hereof, with the understanding that I offer these changes as if still under oath. Signed on the day of JOEL CHANDLER. 20_ ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 257 OESQUIRE 800.211.DEPO (3376) EsquireSolutions. com DEPOSITION ERRATA SHEET Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: SIGNATURE: DATE: JOEL CHANDLER OESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 M 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 258 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com DEPOSITION ERRATA SHEET Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: SIGNATURE: DATE: JOEL CHANDLER ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 2 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 259 1 I CERTIFICATE OF REPORTER 2 3 STATE OF FLORIDA ) 4 COUNTY OF HILLSBOROUGH) 5 6 I, Megan M. Soria, certify that I was authorized to 7 and did stenographically report the deposition; that a 8 review of the transcript was requested; and that the 9 foregoing pages are a true and complete record of my 10 stenographic notes taken during said deposition. 161 12 I further certify that I am not a relative, employee, 13 attorney, or counsel of any of the parties, nor am I a 14 relative or employee of any of the parties' attorneys or 15 counsel connected with the action, nor am I financially 16 interested in the action. 17 18 1 Dated this 9th day of March, 2016. 19 20 21 22 23 24 25 Megan M. Soria ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 2 of 2 OBOYLE -vs- SWEETAPPLE CERTIFICATE OF OATH STATE OF FLORIDA ) COUNTY OF HILLSBOROUGH) February 24, 2016 260 I, the undersigned authority, certify that the witness in this matter personally appeared before me and was duly sworn on the 24th day of February, 2016. WITNESS my hand and official seal this 9th of March, 2016. Megan M. Soria, Notary Public State of Florida at Large My Commission Number: FF934013 Expires: 6/18/2017 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 1-4 O ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com age 1 age 1 UNITED STATER DISTRICT COURT 1 VOLUME 1 INDEX SOUTHERN DISTRICT OF FLORIDA 2 WITNESS PAGE 2 CASE NO.: 9:14-cv-81250-xAM 3 JOEL CHANDLER 3 4 Direct Examination by Mr. Goldstein..............4 4 MARTIN E. O'BOYLE, 5 Plaintiff, 5 Errata Sheet...................................192 6 -vs- 6 Certificate of Reporter ........................195 7 ROBERT A. SWEETAPPLE AND MAYOR SCOTT MORGAN, 7 8 S Defendants. VOLUME 1 EXHIBITS 9 30 9 No. PAGE 11 10 1 Timeline ................................ 49 12 DEPOSITION OF JOEL CHANDLER Taken By Counsel for Defendant, Sweetapple 11 2 Sunbir Filing ............................ 82 13 Volume 1 of 2 12 3 Affidavit. .............................. 100 (Pages 1-195) 19 13 4 Complaint...............................166 Wednesday, February 24, 2016 14 5 Sworn Statement .........................174 15 10:30 a.m. - 4:50 p.m. 15 6 Subpoena................................183 16 Esquire Deposition Solutions 4927 6cuthfork Drive 16 17 Lakeland, Florida 17 38 IS 19 19 20 20 21 22 Reported By: 21 Megan M. Soria 22 23 Notary Public State of Florida at Large 23 24 Esquire Deposition Solutions - Tampa Office 24 Phone - 813.221.2535, 800.838.2814 25 Esquire Job No. 118775 2S age z Page 1 APPEARANCES: 1 Deposition was taken before Megan M. Soria, Court 2 DANIEL DESOM, ESQUIRE 2 Reporter and Notary Public in and for the State of DeSouza Law, PA 3 1515 North University Drive, Suite 209 3 Florida at Large, in the above cause. Coral Springs, Florida 33071 4 .......... 4 954.780.6262 5 THE COURT REPORTER: Do you swear or affirm that 5 On Behalf of Plaintiff (Appeared via telephone conference call) 6 the testimony you're about to give will be the truth, 6 7 the whole truth, and nothing but the truth? 7 JOSHUA A. GOLDSTEIN, ESQUIRE 8 THE WITNESS: 1 do. Cole, Scott 6 Xissane, PA B 222 Lakeview Avenue, Suite 120 9 THE COURT REPORTER: Thank you. West Palm Beach, Florida 33401 10 THEREUPON, 9 561.383.9200 10 On Behalf of Defendant, Sweetapple 11 JOEL CHANDLER, 11 12 having been duly sworn or affirmed, was examined and 12 HUDSON C. GILL, ESQUIRE 13 testified as follows: Johnson, Ansel., Murdoch, Burke, Piper 6 Hochman, PA 13 2455 East Sunrise Boulevard, suite 1000 14 DIRECT EXAMINATION Fort Lauderdale, Florida 33304 15 BY MR. GOLDSTEIN: 14 954.463.0100 16 0. Good morning, Mr. Chandler. My name Is Joshua 15 on Behalf of Defendant, The Town of Gulf Stream 16 LOUIS ROMER, III 17 Goldstein from the law firm of Cole, Scott, Kissane. 1 Law Office of Louis Roeder 18 represent Robert Sweelapple. 17 7414 Sparkling Lake Road 19 MR. DESOUZA: Josh, you're going do have to speak Orl ands, Florida 32819 18 407.352.4194 20 up. 19 On Behalf of Chris O'Hare 21 MR. GOLDSTEIN: No problem. 20 22 BY MR. GOLDSTEIN: 21 22 23 Q. I represent Robert Sweetapple in this matter. 23 24 I'm going to ask you a series of questions today, not 24 25 25 trying to trick you, not trying to gel you to answer O ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 5-8 Page 5 Page 1 something you don't know. If you don't understand my 1 Q. What are the notes that you reviewed? 2 questions, or If I tend to mumble, or If I swallow my 2 A. I reviewed some e-mails, I read the transcript of 3 words, please feel free to ask me to repeat the 3 the 2004 examination that I did a few months ago. I 4 question. 4 reread most of the sworn statement that I gave to Bob 5 A. Okay. 5 Sweetapple back in 2014, and reviewed a timeline that 1 6 0. Can you state your name for the record. 6 created for my own purposes In preparation for that 7 A. Joel Edward Chandler. 7 swom statement. And then I also reviewed some personal 8 0. How do you prefer to be addressed? 8 notes that I made, as well as a number of e-mails. 9 A. Joel Is fine. 9 (Enter Mr. Roeder.) 10 Q. I assume you have been deposed before. 10 BY MR. GOLDSTEIN: 11 A. I have. 11 0. And the notes that you reviewed or the timeline, 12 0. Just as a reminder, we have a court reporter here 12 what was the timeline based upon? How did you create 13 today. We also have Mr. DeSouza over the phone. 13 the timeline? 14 Therefore, it's imperative for you to wait for me to 14 A. From emalis and notes that I made for myself 15 finish asking my questions, and I will do my best to 15 when I was employed for the Citizens Awareness 16 wait for you to finish your answers, so we don't talk 16 Foundation, and then also from e-mails and notes that 1 17 over each other; that's fine? 17 created after I resigned my position there. 18 A. Sure. 18 0. And these were e-mails and notes that were done 19 0. In addition, with Mr. DeSouza over the phone, he 18 contemporaneously when you were employed and not 20 can't see you nodding your head yes or no, and the court 20 employed? 21 reporter can't take that dawn, so your responses need to 21 A. Yes. I would refer to them as primary documents. 22 be verbal. So If It's a yes or no question, your answer 22 They were original documents that I created 23 should be yes or no. 23 contemporaneously with the events. And I used a 24 A. I understand. 24 software program that allowed me to put it Into a 25 0. If at any time you need to take a break or use 25 timellne so it was easier to visualize. age T Page 1 the restroom, let us know. I'm happy to take a break 1 0. Are you presently employed? 2 for that. 2 A. Not In any traditional sense of the word. 1 3 A. I appreciate that. 3 prefer to describe It as being self -unemployed. 4 Q. What Is your current address? 4 Q. Self -unemployed? 5 A. 1355 Forest Park Street, Lakeland, Florida 33803. 5 A. Yes. 6 If I go too fast, let me know. 6 0. What do you mean by that? 7 Q. Is that your primary residence? 7 A. I'm a civil rights activist. I don't get a 8 A. It Is. 8 paycheck. I don't work for anybody In particular. 9 MR. DESOUZA: Josh, I can hear Joel Just fine, 9 Q. And so you have never been contracted by someone 10 but you tend to trail off on the questions a little 10 to help with whatever civil rights interest they need 11 bit. I don't know if you can get a little closer to 11 assistance with? 12 the mic. 12 A. No. I don't think that would be — I wouldn't 13 MR. GOLDSTEIN: I will look at the phone when 1 13 say I have ever been contracted with anybody, not that 1 14 ask. 14 can think of. I mean, from time to time, I will be 15 MR. DESOUZA: Like I said, I can hear Joel Just 15 contacted by attorneys. I have done some consulting 16 fine. 16 work with law fines periodically. Very often I'm not 17 MR. GOLDSTEIN: I will look towards the phone 17 compensated for that. Sometimes I am. Only one time 18 when I ask my questions. 18 that I can remember, off the top of my head, have I ever 19 MR. DESOUZA: Thanks. 19 been paid by a civil rights organization, and that was 20 BY MR. GOLDSTEIN: 20 forjust a project that I worked on. It was with the 21 Q. Did you do anything to prepare for your 21 Council on American Islamic Relations. 22 deposition here today? 22 Q. How long ago was that? 23 A. I did. 23 A. That was before I went to work for the Citizens 24 Q. What did you do? 24 Awareness Foundation. They contracted with me to do — 25 A. I read some notes. 25 they got a grant, and part of that grant was to be used 0 ESQUIRE 800.211.DEPO (3376) Fcnnirp.Rnhitinnc enm JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 9-12 OESQUIRE 800.211.DEPO (3376) EsquireSolutions. com Page 9 Page 11 1 to pay me. I think I was paid $2,500. And I basically 1 work with social Justice organizations, gender equality 2 did some public records research. They have staff 2 organizations. So my real Interest is people being 3 attorneys and I was consulting with them on how to 3 treated fairly with dignity, and so I take exception to 4 better access public records. There were several civil 4 generally the establishment that doesn't treat people 5 rights Issues that relate to Muslim -Americans that they 5 fairly, particularly here In Polk County at the hands of 6 asked my help with, which I was delighted to do. In 6 our Sheriff. 7 fact, I had actually done quite a bit of work with them 7 For example, when the Sheriff was sending 8 prior to that without being compensated. That was just 8 undercover minority deputies in to spy on 9 a one-time thing. 9 African-American churches, or when the State Attorney 10 1 can't recall ever actually receiving any 10 suggested they use a peaceful civil rights rally as an 11 remuneration from any other civil rights organizations 11 opportunity for a K9 exercise. So what I do is, I get 12 except a couple times I think I got a free lunch from an 12 the a -malls and the documents from those organizations 13 organization called the Poor Minority Justice 13 that expose their unsavory conduct. 14 Association. I have worked with them more than any 14 In addition to that, just recently, for example, 15 other civil rights organization. I have also done some 15 1 also work with government agencies. I did a seminar 16 work for the ACLU but it was not compensated. 16 just a few weeks ago for 9 or 10 local agencies up in 17 O. You said Poor and Minority... 17 Levy County. There were a couple of sheriffs that were 18 A. Poor and Minority Justice Association, PMJA, they 18 there. There were a number of — they were primarily 19 are a very small, primarily African-American 19 law enforcement agencies. So I was asked — this Is the 20 organization here in Polk County. And as I say, I have 20 second time I have done this. I was asked to go up 21 worked with them, have not gotten any compensation other 21 there and visit with them about my experiences as an 22 than one of their members owns a small soul food 22 advocate for open government, primarily trying to 23 restaurant, and I have eaten there a couple times on the 23 describe to them about how I think they should behave in 24 house. 24 a way that would help them avoid public records 25 0. In terms of being a civil rights activist, what 25 litigation. So I try to help them avoid litigation. age 10 age 1 type of civil rights would you believe you're an 1 In addition to that, they wanted my perspective 2 activist for? 2 on the best way for law enforcement to Interact with 3 A. Well, generally speaking — 3 activists. The first time I went up there was during 4 MR. DESOUZA: Sorry to interrupt. I didn't hear 4 the kerfuftie that was going on in Ferguson when a lot 5 the question. 5 of local agencies were concerned they might have similar 6 MR. GOLDSTEIN: I asked In terms of being a civil 6 situations going on In their jurisdictions. They asked 7 rights activist, what type of civil rights would he 7 me to come and talk to them about — I think the way 8 say he's an activist for? 8 they put it was, "Tell us how not to be on YouTube." 9 MR. DESOUZA: Thank you. 9 1 also work loosely with organizations that are 10 A. Broadly speaking, constitutional rights, federal 10 — what I would describe as first amendment type 11 and state constitutional rights, also generally 11 organizations, Photography is Not a Crime, for example. 12 speaking, I would say social and economic justice 12 1 have helped them a number of times to try to get 13 Issues. My particular area of Interest is poor minority 13 access to public records. 14 rights Issues, which Is why 1 have worked so much with 14 O. How did you become Involved in or find yourself 15 the PMJA, Poor and Minority Justice Association. 15 having an expertise in public records requests? 16 My area of expertise, or I guess the reason I get 16 A. Back in 2007, 1 made a public records request. 1 17 involved with organizations — and I have worked with 17 had been reading in the newspaper every year in Florida, 18 many other organizations as well, Is I have some level 18 now it's a national observation, what they call Sunshine 19 of experience with access to public records. And so I 19 Week. It's scheduled to coordinate loosely with the 20 very frequently will work with organizations to try to 20 birthday of James Madison, who was widely regarded as 21 help them better understand how to access public 21 the father of open government in the United States. 22 records, what sort of records they can get to try to 22 And every year, or most years, various members of the 23 help them navigate obstructions that are very often put 23 Florida Newspaper Editors Association, newspapers around 24 up in their effort to get access to public records. 24 the state, would write editorials or articles about open 25 1 have worked with religious organizations. I 25 government, the importance of open government. And one OESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 13-16 1 Page 13 of the things they very often would do In coordination 1 Page 15 deliberate, their violation of the Public Records Act, 2 with the Florida First Amendment Foundation, which I'm a 2 or it was done out of Ignorance, which I found both of 3 member of, they would send out reporters incognito. So 3 those to be troubling. They are a government entity and 4 for example, they might send a reporter from Lakeland 4 they know the law. Or if they don't know the law, 5 down to Sarasota, or from Miami to Tampa, to make public 5 they're an educational Institution and they assert that 6 records requests. Then they would write stores about 6 knowledge is power. I just wanted to know why It went 7 how they were treated, did they get access to the 7 that way. 8 records the way they were supposed to. I was Intrigued 8 So she just assured me that I got them on a bad 9 by that. I'd read those articles over a periods of 9 day, it's not the way they normally do business. So we 10 years. And just out of sheer curiosity, I decided to go 10 left it at that. That was February or March of 2007. 11 down to Bartow, which is our county seat, and I visited 11 So I waited a year. And in — I guess it was about 12 four or five different agencies and made public records 12 March of 2008. 1 tried to think of the most offensive, 13 requests. 13 Invasive thing that I could ask for that I was pretty 14 1 knew nothing about public records law. It was 14 confident they wouldn't want to let me have. So I went 15 frightening how little I knew. All I knew is what 15 back down there and made a public records request for 16 little I'd gleaned from reading newspaper articles. The 16 the health Insurance enrollment Information for all of 17 agencies I went to, they all gave me the records, and it 17 their employees and all of their dependants, which at 18 seemed to be sort of a nonevent until I went to the Polk 18 the time, was nonexempt and subject to disclosure. And 19 County School Board. When I went to the Polk County 19 they told me they wouldn't let me have the records, and 20 School Board, the first thing they did was demand that 1 20 they sent me an e-mail, this e-mail had all of these 21 had to sign In. And they demanded that I had to 21 statutory citations and I didn't really understand what 22 disclose other personal information. They said I had to 22 those were, but I took It upon myself to read those 23 make my public records request In writing. They wanted 23 statutory citations, and not one of them had anything to 24 to know why I wanted the records. And I didn't know 24 do with public records, much less any kind of an 25 very much, but I knew they weren't supposed to do that. 25 exemption. 1 Pa—ge-IT So I ended up leaving empty handed, and I went straight 1 Page 16 So they wouldn't let me have the records. So at 2 from — foolishly, straight from their offices to the 2 the time, I had the resources economically to do it. So 3 State Attorney's Office, thinking the State Attorney 3 1 hired an attorney and sued them. And spent —1 4 would do something about it. 4 probably racked up about $50,000 in legal fees, and 5 The State Attorney's Office, they were very nice, 5 wrote tens of thousands of dollars of checks to get 6 but didn't seem very interested. But they did make a 6 access to those records. When we finally went to court, 7 phone call to the school board and basically told them 7 the judge asked them for their defense, and their 8 they had to give me the records, which they did. And so 8 attorney, sort of meekly, said, "Your Honor, we don't 9 1 was curious, because behind the front desk in the 9 have a defense." And I think this Is an exact quote. 10 lobby Is a seal that says "Knowledge is Power," which 10 "Your Honor, we don't have a defense. We just didn't 11 sort of seems to go hand-in-hand with the concept of 11 want to give him the records." 12 transparency in government and access to public records. 12 1 was blown away by that. It was shacking to me. 13 So I was curious as to why they had done what 13 It was the only time I've ever heard a judge use 14 they did as far as making these unlawful demands that 1 14 profanity on the record. His response was, "Why the 15 disclose personal information and make the request in 15 hell are we here?" That was an eye opening experience 16 writing, at cetera. So I scheduled a meeting with the 16 for me to realize there are people in power who will 17 — at the time, a woman by the name of Gale McKenzie, 17 willfully, deliberately break the law just because they 18 who was the Superintendent of Polk County School Direct. 18 want to. They don't have any good reason for doing It. 19 She's not here anymore. And a couple of weeks later, 1 19 They just don't want to. As it turns out, I got this 20 met with her. In that meeting, she had two attorneys in 20 Information as a result of the whole series of public 21 attendance, both of whom I know socially. And she 21 records requests I made at the Polk County School 22 proceeded to tell me that my experience was — and I'm 22 District. The reason they didn't want me to have it was 23 using her word, "non -normative." 23 because they were selling it. They were selling the 24 And I was trying to understand, and I couldn't 24 same Information to credit card companies, to financial 25 come up with any other options here. Either it was 25 planning companies, to Insurance companies. In fact, ESQUIRE Q 800.211.DEPO (3376) s o L„., o" I F.CrrllirP.S"nh&nnc rnm JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 17-20 Page 17 Page 19 1 one of the school board members who had opposed me 1 It. So that is sort of where I got started. 2 getting the records had bought the same exact 2 From there, I started making other requests for 3 Information and used it in his political campaign to 3 other things, and realized the power of public records 4 become a school board member. 4 access. I filed with legal counsel, I don't know how 5 1 ended up getting my legal fees back, and 5 many, a few dozen lawsuits, and won all of them. And 1 6 frankly, It was a little bit like playing blackjack. 1 6 was very, very fortunate. The law rim that I first 7 decided double down, lens go again. So I made the same 7 hired, Thomas & LaCicero, who's still my principal legal 8 exact request to every school district in the stale, and 8 representation, are, in my opinion, The preeminent open 9 most of them gave me the middle finger. They just 9 government litigators In the state of Florida. In fact, 10 wouldn't let me have the records. So I sued ten more, 10 Greg Thomas, who is their senior partner, Is the 11 and I won all of those. And then I made a public 11 gentleman who has litigated many of the landmark public 12 records request — this is probably one of the most eye 12 records cases In Florida. They are regularly used as 13 opening experiences I've ever had as an advocate. 1 13 citations by both sides. 14 made a public records request to every school district 14 He was very patient, very kind, and eventually 15 for any records they had referring to my public records 15 suggested that I might find It educational to file a 16 request. And to and behold, what I got was — I think 16 lawsuit pro as, which I did. And 1 have since then, 17 it was Madison County, who I did not sue, and who had 17 both with legal counsel and as a pro se litigant, filed 18 given me the records In the first place. What I got 18 hundreds of public records lawsuits. Recently, just a 19 from them were thousands of communications between 19 few days ago, I was doing some research that required me 20 school board attorneys. There was an organization I had 20 to go to the Polk County Clerk of Courts web portal. 21 never even heard of, the Florida Association of School 21 And I think I saw that I had filed just In Polk County, 22 Board Attorneys. And they had this list serve where 22 1 think 80 or 90 public records lawsuits. And of course 23 they kept talking to each other. And there were school 23 1 file public records lawsuits all over the stale. 1 24 board attorneys saying, yes, we have the records, but 24 lost count of exactly how many there have been. My last 25 we're not going to give them to him. And they were 25 calculation, 99.6 percent of them had either been Page 18 Page 20 1 engaged in a criminal conspiracy. You had attorneys 1 adjudicated In my favor by the court or had been settled 2 saying, well, we're going to tell him that we don't have 2 In favor of access, meaning that the records were 3 the records. Another attorney would say, well, we are 3 ultimately produced and the offending agency agreed to 4 going to tell him that the records only exist In a hard 4 take some sort of remedial action to correct the 5 copy, so it will cost him a lot of money to get those 5 problem. 6 copies. Then there were other attorneys saying, well, 6 So I guess my knowledge about open government 7 we're going to tell them that they are just 7 litigation Is sort of the school of hard knocks, figured 8 Inaccessible. 8 It out. By the way, I do not only do — I do my own 9 To their credit, there were some school board 9 public records litigation, although right now I don't 10 attorneys who came right and said, what you-ail are 10 think — I think I have 30, a little over 30 pending 11 doing is illegal, that you may not like It, but he's 11 public records rases that are still ongoing. Only three 12 entitled to the records and you've got to give them up. 12 of those were with legal representation. But I also, In 13 Those e-mail threads lead to the criminal prosecution 13 addition to doing public records litigation, I also gel 14 and conviction of the Polk County School Board's General 14 contacted from time to time by state agencies asking me 15 Counsel for criminal violation of the Public Records 15 to consult with them, with their legal counsel, on 16 Act. 16 either how to improve public access, or strategies on 17 That was a really eye opening experience for me 17 how to defend against public records lawsuits. I did 18 to realize that there were public officials, people 18 one not long ago with the Department of Economic 19 being paid to follow the law and do what Is in the best 19 Opportunity. They had a fee hearing and I was helping 20 Interest of their constituents, who were very willing to 20 them prepare for a fee hearing. And I think they were 21 break the law. It was deliberate. It wasn't 21 successful in getting their fees reduced by about 22 incidental. It wasn't, golly gee, we don't know what 22 $50,000, although they wouldn't have paid a penny if 23 we're doing. These are guys who went to law school, who 23 they obeyed the law in the first place. 24 passed the Florida Bar, who apparently are supposed to 24 O. So you said you filed about 80 or 90 in Polk 25 know the law, but just decided they where going to break 25 County since 2007, would you say? ESQUIRE 800.211.DEPO (3376) ... U _ , o , � EsouireSolutions.com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 21-24 1 A. My first public records lawsuit was In 2008 age 21 1 of dollars to get this stuff, and didn't have that kind Page23 2 against Polk County School Board. 2 of money. And subsequent to that meeting, the State 3 Q. So from 2008 to present, how many, in total, 3 hired this private company, Image API, to manage this 4 would you say you personally have filed? 4 for them. So this is a for-profit company that is doing 5 A. As a plaintiff, you mean? 5 it. When I quit working for somebody else and went to 6 Q. Correct. 6 work with my own consulting business, which was just me. 7 A. Both with and without counsel? 7 It wasn't even a corporation. I contacted Image API to 8 Q. Correct. 8 get these records and they charged me thousands and 9 A. I could only estimate. I would say — I would be 9 thousands and thousands of dollars, of which I paid. 10 shocked If It's not well over 300. 1 don't think It's 10 And years later, sometime after 2008 when I started to 11 400 yet, yet. 11 have a clue about public records access, I went back and 12 Q. So approximately 300 public records cases? 12 looked at it, and sure enough, they had screwed me. 13 A. If somebody — I have never bothered to do this. 13 They had overcharged me by about $4,000. So I sued 14 If somebody got on LexisNexis and figured it out and 14 them. I think they ended up paying $12,000 of my legal 15 told me there were 350, that would not surprise me. 15 fees and they refunded the $4,000 they had stolen from 16 Q. Now, prior to 2007 when you started making these 16 me. 17 public records requests, what were you doing? 17 And this happens all the time. That is one of 18 A. I had spent about 20 years as a copy machine 18 the most common mechanisms used by public entitles, both 19 salesman. About 11 years of that — about 2 years as a 19 public-operated agencies and those that operate on their 20 salesman, then about 8 or 9 years in management. 1 20 behalf, like Image API, to frustrate access. They use 21 worked for a couple of different multinationals. And 21 It as a profit center, or they use confiscatory fees in 22 then I decided to quit, and I started consulting with 22 an effort to try to frustrate access. 23 office equipment dealers, people that sell copy 23 So anyway, I had a consulting business, which 1 24 machines, all over the United States. I had clients In 24 lost Interest In sometime after 2006. 1 was still doing 25 probably 25 different states. Essentially what I would 25 that when I started the public records — my first 1 pa—ge—ff do is, i would do research In their particular market, 1 PageZ4 public records request. And the more access I got to 2 identify their competitors' most vulnerable accounts, 2 records and the more experiences I had where I was being 3 and sell to them a database that they could use to 3 frustrated in my access to records, that's when 1 4 basically take accounts away from their competitors. 4 started doing more and more litigation, and then I began 5 The office equipment business Is a very predatory 5 to sort of reevaluate my view of the world as far as how 6 business, extraordinarily so. It's very rare that 6 poor minority people are being treated, and realized 7 somebody goes out and sells a business their first copy 7 that they desperately need access to public records. So 8 machine. You are taking an account away from somebody 8 1 basically quit my consulting gig and started on this. 9 else. That's how It works. 9 Q. Now, of the public records requests that you have 10 Ironically, I was using public records to do 10 or the lawsuits that you have filed where you have been 11 that. I didn't think of them that way. In fact, that 11 represented by counsel, related to public records 12 was one of the first abuses that I experienced, but 12 requests, what law firms have you used or attorneys? 13 didn't realize I was being abused. It was a stale 13 A. I'm sorry. Say that again. 14 contractor who operates the UCC program for the Slate of 14 Q. For the lawsuits that you've filed with respect 15 Florida, Universal Commercial Code for the State of 15 to the public records request where you have been 16 Florida. They catalog them, manage them, and provide 16 represented by counsel, which law firths would you say 17 access to them. I went to —this is just one example 17 you've used? 18 of why what I do, I think, is Important. 18 A. I don't know that I could give you a full 19 1 went to the state archives and wanted to get 19 accounting of that off the lop of my head because there 20 these records. I was shocked they let me have them. 1 20 have been quite a number. Thomas and LaCicem would be 21 didn't know that the public could even gel those things. 21 my principal law fine. The O'Boyle Law Firm represented 22 And the guy at the state archives, when I asked him how 22 me in a few cases. A guy by the name of John McKnight 23 much It would cost, he told me he was going to charge me 23 represented me in a few cases. There was a law firm 24 $50 a CD, and there were I don't know how many CDs, but 24 here locally, Pinkett BPinkeB, that represented me in a 25 there were going to be thousands and tens of thousands 25 few— I say a few, probably a dozen or so cases. Who ESQUIRE 800.211.DEPO (3376) _ FcrruiroRmhifinn.o rnm JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 25-28 Page 25 Page 27 1 else? A guy by the name of Eric Abrahams down In South 1 1 guess, prior open government — 2 Florida represented me in one or two cases. Nathan 2 MR. DESOUZA: Josh, I hale to do this, but I have 3 Camey is representing me In three cases presently. 3 to have you speak up. I can hear you, then towards to 4 Matt Weidner represented me briefly in a few cases. He 4 end of the sentence I can't hear you. It's probably 5 has since changed the nature of his practice, so I'm 5 because you're looking at Mr. Chandler when you're 6 taking three of those back to do pro se. There may have 6 asking the question. 7 been others. That is not a definitive list. 7 MR. GOLDSTEIN: Or looking at my notes. 8 Q. But you say the majority of the cases that you 8 BY MR. GOLDSTEIN: 9 did have counsel was with Thomas and LaCicero? 9 0. The question I started asking, was there any 10 A. I don't know If a majority would be the right way 10 discussion about prior experiences in making public 11 to put It. The most Interesting cases have been with 11 records requests or comparison of notes of prior 12 Thomas & LaCicero. A lot of the more run of the mill 12 experiences in making public records requests? 13 stuff, you know, It's not real complex, and frankly 13 A. It wouldn't surprise me If that was part of what 14 doesn't take a great legal mind to do, numerically, 1 14 was discussed. I don't really remember. I just 15 couldn't tell you. I'm sure by this point, the vast 15 remember it being a very cordial meeting, and my sense 16 majority of the cases that I have litigated I have done 16 when I left — and I think Barbara and I may have 17 pro se. 17 communicated afterwards either by e-mail or phone, we do 18 Q. Do you know the Plaintiff In this matter, Martin 18 both, was that — I came away from it with kind of a 19 O'Boyle? 19 sense that here's a guy who apparently has some means, 20 A. I dc. 20 and seems very earnest about open government Issues, 21 0. How did you come to meet Mr. O'Boyle? 21 seems really passionate about open government issues. 22 A. Sometime In 2013, 1 want to say it was earlier In 22 She operates a nonprofit. And my advocacy for open 23 the year, I got a phone call or e-mail from Barbara 23 government and for civil rights generally has been an 24 Peterson, who is the President of the Florida First 24 economic disaster for me personally. So it was — the 25 Amendment Foundation, who I would describe as a 25 sense I came away with was here's somebody who might age age 28 1 colleague and a personal friend. She contacted me 1 actually be, at some point, a benefactor, I guess, might 2 saying she was going to have a meeting with a guy named 2 be the right word, somebody who seems they are serious 3 Marty O'Boyle down in South Florida. She was going to 3 about it who actually has some resources. 4 meet for breakfast or coffee or something, and that he 4 So many people that I deal with — and I gel 5 had expressed a real Interest in open government 5 contacted all the time. I get contacted by reporters a 6 advocacy, and she thought if I was available, it might 6 lot asking for help on open government Issues, and also 7 be worth taking time to meet with her and him. 7 looking for stories. I very regularly source for 8 So I drove down to West Palm Beach, and we met at 8 reporters around the state of Florida and nationally for 9 — I think It was a Holiday Inn near the West Palm Beach 9 various stories, and I don't get compensated for that, 10 Airport, as I recall. It was sort of a nonevent. We 10 and that's fine. 11 clicked. It was very friendly, cordial conversation. 11 1 get contacted by citizens, very often, who are 12 It wasn't really substantive. It was just sort of 12 getting frustrated by access to records. They don't 13 public records, open government Issues generally. That 13 have any money. Most of my advocacy work Is done with 14 was the first time I had ever had any contract with him. 14 poor minority people, who by definition, don't have any 15 It was a very pleasant meeting. 15 resources. I get contacted sometimes by government 16 0. 20137 16 agencies, examples I've given you earlier, sheriffs 17 A. Early part of 2013, as I recall. I can't say 17 offices — even the Sheriffs Office here In Polk 18 that definitively. 18 County, which I have had a fairly adversarial 19 Q. Was there —just so I'm clear, just general open 19 relationship with, I have been contacted by them to 20 government discussions that occurred at that meeting? 20 consult on public records Issues. I don't get paid for 21 A. Yes. I don't remember any of the particulars 21 any that. 22 about the topics of conversation other than I'm 22 So most of the people that I deal with, most of 23 confident that it was just general discussions about 23 the people that contact me, don't have a pct to piss in. 24 open government. There was no particular agenda. 24 So it certainly, you know, was notable in my mind that I 25 Q. Do you recall if there was any discussion about, 25 was actually talking to somebody who seemed passionate O ESQUIRE 800.211.DEPO (3376) S a l . T I O! + Esouire Solutinnc. rnm JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 29-32 1 age 29 about the Issue, who actually had resources. That was 1 Page 31 them to discuss open government Issues, to consult with 2 Interesting to me. Neither one of us — at least 2 their attorneys — not with Marty, but with BIII Ring, 3 nothing was communicated between us, me and Barbara, 3 who was the attorney. And Ryan, at the time, as 1 4 that we didn't have any nefarious plans to try to get 4 recall, had passed the Bar in New York and had passed 5 his money. But it was like okay, that's kind of cool. 5 the Bar in Florida. I think he was still waiting to get 6 Most people that contact her and most of the people that 6 his law license. I'm not sure of that, but I think that 7 contact me bring nothing to the table other than hey, 7 was the case. 8 can you help mel Which I'm happy to do. But it was 8 So anyway, at their Invitation, and they were 9 very notable that we were dealing with somebody who 9 very insistent that they would cover my cost of going 10 seemed passionate and had means. 10 down there and paying me to go down there. I have 11 But just to be clear, there was never any — it 11 mouths to feed, so I was happy to do It. It wasn't a 12 was a purely social event. Marty bought breakfast. 1 12 tot. I think It was — I don't know. I want to say It 13 remember I had coffee and pancakes and he had oatmeal. 13 was $25 an hour or something. My total thing going down 14 But that was the — there was no compensation. There 14 there was like 600 bucks or something. So I went down 15 was no promise of money. It wasn't like he was offering 15 there, and met with BIII Ring. It was the first time 1 16 to be a benefactor. He just seemed interested and 16 met BIII Ring, first time I mel Ryan In person, was a 17 Interesting. 17 lovely guy. And Marty was there. And I remember It 18 Q. Was there anyone else at that meeting besides the 18 would have been In April because they were right In the 19 people you have mentioned? 19 middle of doing a bunch of tax sluff. So that timeline 20 A. No; just the three of us. 20 makes sense to me. It would have been in April because 21 Q. Do you recall If there Is any discussion 21 1 remember there were gobs and gobs and gobs of tax 22 regarding public records requests that were sent to the 22 documents spread out all over their conference table. 23 City of Longport in New Jersey during that meeting? 23 So that would have been a few weeks — a month or so 24 A. Don't recall. 24 after I met with Barbara and Marty for the first time. 25 Q. Al this early 2013, were you aware of the Town of 25 So it would have been early 2013. 1 age 30 Gulf Stream? Had you heard of the Town of Gulf Stream? 1 Page 32 1 think I just went down there — I don't think 1 2 A. I can't say I never heard of IL I don't — it 2 spent the night. I think I just went down there for the 3 had no special meaning to me. I mean, It's very 3 day. No. 1 take that back. I did spend the night. 1 4 possible by 2013, 1 would be surprised if I had not, at 4 spent the night at Marty's house, because after that 5 some point, made a public records request to Gulf Stream 5 meeting, which I remember vividly, because the highlight 6 by that point. There are 412 municipalities in Florida, 6 of the meeting was a hot pastrami sandwich that I got. 7 and I have probably made public records requests to 7 It was amazing, the best pastrami sandwich I had ever 8 every single one of them multiple times. I'm sure there 8 eaten. They ordered In for lunch. 9 Is a government agency some place in Florida that 1 9 Q. Pickle Barrel? 10 haven't found yet, yet. But, you know, so I dont know. 10 A. That may have been It. It was very good, the 11 Like I said, it had no more special meaning to me than 11 second best. The best place Is down In Mlami, Stevens. 12 Nakomis or Mulberry or any other town in Florida. 12 Have you ever been to Stevens? 13 Q. Following that meeting, did you ever meet with 13 Q. No. 14 Mr. O'Boyle again? 14 A. Pastrami, out of this world how good it Is. 15 A. Yes, many times. 15 MR. SWEETAPPLE: I'm getting hungry now. 16 Q. When would you say your next meeting with Mr. 16 A. But we had a delightful —we had a really nice 17 O'Boyle was? 17 dinner. Marty took Ryan and me to a very nice 18 A. I don't know if it was weeks or months, but 18 restaurant In — I don't know, Delray or some place, had 19 sometime following that meeting with Barbara and with 19 a lovely meal. I remember I had risotto. 20 Marty, I was contacted — I believe it was by Ryan 20 Q. This was April of 20137 21 Witmer, who was working for the Commerce Group, which is 21 A. Yes. It would have been — I'm guessing, I'm 22 the company that Marty owns. I'm pretty sure it was 22 guessing It would have been 14, 15. 23 Ryan that contacted me and said they had some public 23 Q. Don't want to guess. So if you recall... 24 records Issues they were working on, and would I be 24 A. My recollection Is — I'm certain about the tax 25 willing to come down to Deerfield Beach and meet with 25 stuff going on. Marty kept popping in. He was not In Q ESQUIRE 800.211.DEPO (3376) EsauireSnlutinns rnm JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 33-36 Page 33 Page 35 1 the meeting the whole time. He kept popping in ad out 1 A. No. I wouldn't agree with that. 2 because he had tax sluff to do. The nature of the 2 O. So you're saying that the Islamic foundation 3 meeting was they had a bunch of public records requests 3 would just make a public records request for any type of 4 that had been made to the State Attorney's Office. And 4 information regardless of whatever their objective Is? 5 they were — "they," being the attorney and Ryan, his 5 MR. DESOUZA: Objection. 6 paralegal, I guess —were contemplating filing a public 6 A. I would make the distinction between objective 7 records lawsuit or a number of public records lawsuits. 7 and motivation. And It's a nuance, but very significant 8 So essentially, what they were asking me to do was to 8 distinction. I very frequently, when people contact me 9 review the requests that were made and the responses, 9 asking for help, and I say people euphemistically, 10 the facts of these potential rases, and give them my 10 organizations, people, whoever, when I'm contacted for 11 candid assessment of whether or not they were worthy of 11 help, I don't condition my willingness to help on their 12 litigation. And my assessment was In every Instance was 12 motivations. But I very frequently ask them what the 13 they were not. They shouldn't file suit. 13 objective Is, because that very often has something to 14 O. At the time, were you aware of the facts 14 do with how, if I were similarly situated, how I would 15 surrounding the basis for the public records request 15 make the request. 16 sent to the Stale Attorney's Office? 16 1 very frequently, and I'm sure this is true of 17 A. I don't think that I was, and frankly, I didn't 17 many of the people I have worked with, make requests for 18 really care. It wouldn't make any difference to me. 18 records because I have a very specific objective for 19 Motivation doesn't matter. I know that a lot of people 19 getting the records. There Is a reason why I want them. 20 get hung up on that. It just doesn't matter. I found 20 But there are also times when I have made public records 21 out at some point, some of the vague facts. I know 21 requests, and I think this is probably true of some of 22 there had been some Issue — I think his daughter had 22 the people who I have helped over the years, who are 23 been arrested on a DU I or something. I don't know all 23 making the requests for no other reason than sheer 24 of the details. Even now I don't know all of the 24 curiosity. The first public records request I ever 25 details. I know he had some sort of ongoing 25 made, I couldn't care less about the records. That age age 1 disagreement with Dave Aronburg who, I guess, was the 1 wasn't the Issue. I went down to Bartow and went to 2 state attorney at the time. I don't know if he still 2 those four or five public agencies. I wanted to see 3 is. But I didn't really care. One of the things that 1 3 what would happen. Again, motivation's an impermissible 4 think I've been pretty consistent In my civil rights 4 Issue in the context of public records access. It's 5 career, I don't care what somebody's motivation is. It 5 something that the custodian can't consider. The courts 6 doesn't matter to me. I suppose if I found out there 6 can't consider it. It's irrelevant. I wouldn't agree 7 was an organization of pedophiles that might want my 7 with your assessment at all. I think sometimes people 8 help with public records access, I probably wouldn't be 8 make requests because they really need the records for a 9 too Interested in helping them. But I worked with, like 9 particular reason. I think other times they make the 10 1 mentioned, the Council on Islamic-American Relations. 10 request because they want to see what is going to 11 I'm not a Muslim. I have no interest In whatever it is 11 happen. 12 they're doing. But if they need help getfing access to 12 1 don't know. Maybe they want to use it to paper 13 records, I'm happy to help them do that. I have worked 13 their walls with. I don't know. It doesn't matter. 14 with the Atheists of Florida. I've worked with the 14 That's the beauty of It. The problem with allowing 15 ACLU. I've worked with people who are Interested in 15 people to take Into consideration motivations — and 16 getting records because they are advocates for 16 this is true, by the way, not just in a disparity of 17 preventing cruelty to animals. It doesn't matter why 17 views between people like me and the establishment, but 18 somebody wants access to records. I don't think it was 18 It's also between people like me and other people like 19 really an Issue. 19 me. I have recently had a conversation with somebody 20 O. But you would agree of those organizations you 20 who's done a fair amount of open government litigation, 21 previously listed and just listed, typically when they 21 and has been successful at it, and they were taking a 22 are making a public records request, they have a 22 very condescending view of anybody who makes a public 23 specific Interest In the actual Information they are 23 records request, quote, "just because they can." And my 24 seeking, as opposed to just seeking benign or just 24 response to that is that's morally, logically, and 25 general information? 25 legally the equivalent of saying that Rosa Parks didn't ig ESQUIRE 800.211.DEPO (3376) a . � . I a . , EsouireSolutions.com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 37-40 Page 31 Page39 1 really want to go anywhere on a bus. Or that's like 1 attorney, or harass whatever entity the records requests 2 saying that four black men walked into a Woolworth's In 2 are being sent lo? 3 Greensboro, North Carolina in 1960 and weren't really 3 MR. DESOUZA: Objection, form. 4 hungry. That is not the point. See what I mean? 4 A. That would be a little bit like asking me If 1 5 O. Sort of. 5 had a problem with the Immakalee farm workers protesting 6 A. Motivation —what I'm getting at Is even among 6 out In front of Publix; why are they doing It? Well, 1 7 activists, Its surprising to me how quick some 7 suppose part of the reason they're doing it is probably 8 activists are to dismiss the motivations and objectives 8 to raise public awareness about Publix being too damn 9 of other activists. Because they aren't Important to 9 cheap to be willing to pay a penny a pound more so poor 10 me, then they are not important. But the reality is my 10 fans workers can actually try to feed their children. 11 rights are no more secure than your rights are. And 11 1 suppose, depending on your perspective, you 12 that's a fundamental principal of civil rights activism 12 might say they're trying do It to try to harass Publix. 13 generally. Whether in the wntext of open government or 13 If they are not breaking the law, they're not engaged in 14 otherwise, besides my world life view, which dictates 14 violence, they are not blocking public thoroughfares, 15 that I care about how other people are being treated, 1 15 they're not in some other way violating some 16 ought to be aware enough of my own self Interest. 16 constitutionally sounds statute, I wouldn't call it 17 The reason I don't want the police to use attack 17 harassment. Now, If I was a stockholder In Publix, I 18 dogs on peaceful civil rights protestors Is I don't want 18 might feel like I was being very much harassed. But I 19 them using them on me. See what I mean? And the same 19 guess harassment is In the eye of the beholder. 20 thing Is true with access to public records. If 20 And again, if you were to ask me if that's a 21 somebody doesn't like the reason that Marty O'Boyle is 21 prudent approach, to pound some little town with gobs 22 making public records requests, again, my response Is it 22 and gobs and gobs of public records requests, no. 1 23 doesn't matter, his motivation. Now, we can talk about 23 think that is really Imprudent. And when I ultimately 24 a whole lot of other Issues that I've got with Marty 24 went to work for the Citizens Awareness Foundation, one 25 O'Boyle, but that ain't one of them. If somebody wants 25 of the conditions of my employment was there can't be agePage40 1 to make a public records request bemuse they are pissed 1 any enemies lists. But that has nothing to do with 2 off at some town, or pissed off at some public official, 2 whether or not I think somebody has the right to make a 3 they have the right to do that. The dangers is once you 3 bunch of public records requests to a little town. 1 4 start scrutinizing why someone is making the request, 4 wouldn't do it, not on the scale that I think it has 5 then I think you get to a slippery slope that inevitably 5 been done. 6 leads to a place where you're going to say, well, 1 6 But having said that, just to kind of give you a 7 don't like your reasons for doing It. Mine's okay, but 7 different — this is sort of the fable of three blind 8 yours Isn't. As soon as you do that, my right to do It 8 men describing an elephant. Everybody comes away with a 9 Is in jeopardy. 9 very different perspective depending on what part of the 10 So again, I am confident that I, in no way, with 10 elephant you're touching. 11 Marty or anybody, said, "I want to know why you're doing 11 So I recently had a lawsuit against this little 12 It before I come help you" 12 town in Polk County. I made a public records request 13 O. But you would inquire as to their objective? 13 because I wanted their— for a very particular reason, 14 A. Yes, absolutely, what is the end game? What are 14 1 wanted — I had a very definite objective and a very 15 we trying to do here? What are we trying to get at? 15 sound motivation. I wanted to know if the City 16 O. So when you met with Ryan Witmer, BIII Ring, back 16 Commissioners were having conversations they weren't 17 in April of 2013, did you Inquire what their objective 17 supposed to be having. Bemuse every time I went to one 18 was in terms of their public records request on the 18 of these public meetings, it was amazing how incredibly 19 state attorney's office? 19 efficient they were at making decisions. It was as 20 A. I may have. I don't recall. It wouldn't 20 though they had already talked about It. They would 21 surprise me —well, frankly I would be surprised if 1 21 walk in, and make a decision to enter into a 22 didn't ask that question. 22 multi-million-dollar contract, have two minutes of 23 O. So would you be okay in, I guess, advocating 23 discussion, and they would do It. This was a little, 24 public records requests where the objective is purely 24 tiny town. 25 just to harass the town, or to harass the state 25 1 just wanted all of the a-malls of the city ESQUIRE 800.211.DEPO (3376) EsouireSnifutinns.cnm JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 41-44 1 commissioners from their city e-mail address. And the 2 town came back and told me it was going to cost, I don't 3 know, like $2,000 or something for each of the city 4 commissioners. It was going to cost me like $20,000 to 5 get these e -malls. 6 Well, okay. So what I ended up doing was 7 breaking it down. If you want to take — this is a real 8 simple public records request. They shouldn't be 9 talking about anything they're not supposed to be 10 talking about. There shouldn't be anything exempt or 11 confidential in there. So what I ended up doing, 12 because I didn't have the money to pay $20,000 to get a 13 bunch of e-mails. I made a separate public records 14 request for each of the city commissioners per day. 1 15 want all of the e-mail addresses for this city 16 commissioners on January tsl, 2015, and same for each 17 one of them. And I did that for I think about 100 days. 18 And It wasn't that I was trying to harass the town. It 19 was they were putting me in a position where they 20 weren't giving me the records. They were records I was 21 entitled to. They weren't records that would have taken 22 any significant amount of time to gather. There 23 shouldn't have been anything exempt or confidential in 24 there. 25 Now, they, I'm sura, would take the position that 1 Q. At the time of this meeting in April 2013, were 2 you aware of any prior relationship or, I guess I'll 3 call it relationship between Dave Aronberg and Mr. 4 O'Boyle? 5 A. Prior to going down there, I'm sure I didn't. My 6 recollection is that after dinner, we went back to 7 Marty's house, the three of us, Ryan, too. And pretty 8 early in the evening, Marty excused himself and turned 9 In for the night. And Ryan and I sat up and, at Marty's 10 Invitation, look advantage of his very well stocked bar. 11 And we sat out by the pool, and he and I talked at 12 length about the law, and about just law generally, and 13 about civil rights Issues In particular. He seemed 14 pretty passionate about civil rights Issues. And 1 15 think at that time — we were out there until very late, 16 early morning hours. And I think as I recall, he shared 17 with me some of the details about Marty's Issues with 18 Aronberg. 19 Q. Do you recall what those Issues were? 20 A. Just that he felt — as I recall, that Marty fell 21 his daughter had not been treated fairly. 22 Q. You don't recall any additional discussion 23 regarding whether or not there was a prior relationship 24 between Mr. O'Boyle and Dave Aronberg? 25 A. No. I think anything I learned about that 1 1 was harassing them. I wasn't harassing them. I was 1 1 probably came from newspaper articles that I read 2 breaking it down and making small public records 2 subsequent to that. 3 requests that would fall under 15 minutes so I could get 3 Q. Do you recall what you had read in the newspaper 4 the records at little or no cost. 4 articles? 5 And by the way, when they finally produced all of 5 A. The general recollection I have is that his 6 them, not one of them had a redaction in It, nothing was 6 daughter had been charged with DUI, and that — I don't 7 redacted because there wasn't anything exempt or 7 know any of the details of that at all, but just that 8 confidential. But they jacked me around. So some 8 Marty came away from that feeling his daughter had not 9 people would say that's harassment. That's not 9 been treated fairly, which wouldn't surprise me that 10 harassment. They're skirting the law. They are trying 10 Marty would feel that way, and it wouldn't surprise me 11 to block my access to records based on cost. So again, 11 that his daughter wasn't treated fairly, given my 12 harassment is in the eye of the beholder. 12 experience with people on the abused end of law 13 Q. So in April 2013, how long would you say you were 13 enforcement. 14 down there assisting Witmer and Ring? 14 There was some — one of our newspaper articles 1 15 A. i think I was down there for a day, as I recall. 15 read, there was some Issue about Aronberg flying in 16 And I think maybe what I did was went down the night 16 Marlys plane or something, and whether or not that was 17 before, and we went to dinner. Maybe that's the way it 17 a campaign contribution or something. And to the best 18 worked. Then the next day was a full day In the office. 18 of my recollection, I don't think Marty and I have ever 19 1 think that was It. I went down on a Sunday evening, 19 discussed it, certainly none of the details about his 20 and then we had dinner in Delray, Marty, Ryan, and 20 daughter. 21 myself. And then the next day was with Bill Ring, had 21 Q. Just so I'm clear, you have no actual knowledge 22 that delicious sandwich, and drove home. 22 as to the, I guess, facts surrounding the circumstances; 23 Marty was very hospitable. He offered to put me 23 correct? 24 up in a hotel or let me stay at his house, and I opted 24 A. Don't know and, frankly, don't care. And just to 25 to stay In his very nice home. 25 kind of give this a background from my perspective on ESQUIRE 800.211.DEPO (3376) o , . . , o „ EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 45-48 1 this, the Poor Minority Justice Association, for age 45 1 Page 47 everybody in town knows that he's a notorious liar, yeti 2 example — this, I think, may be helpful to you In 2 we are going to prosecute some kid on the word of this 3 understanding why I would be so disinterested In the 3 guy. And there were people who ended up being 4 facts. Before I went to work for Citizens Awareness 4 acquitted. 5 Foundation, I was, on a fairly regular basis, I would go 5 There are some of the people that I'm sure were 6 over to Winter Haven and to an African-American 6 guilty as sin. There was one woman and her husband, 7 ministry. His name Is Clayton Cowhart. And he has a 7 they had an 18 -year-old bay who had been charged with 8 radio show that his audience Is largely poor 8 first degree murder. And the more time I spent getting 9 African-Americans. He asked me to be a guest on the 9 access to records and the more documents I saw, the more 10 radio show. And the radio show went from 5:00 to 6:00 10 convinced I was that he was probably guilty. But I 11 on a Thursday. At the end of the radia show, he said — 11 still sat with them around their kitchen table, and we 12 It was a call -In radio show and people were calling In 12 still sat there and cried together trying to figure out 13 with civil rights Issues. He said just before he closed 13 a way to give him the best possible defense he could 14 out the radio broadcast, he said, Brother Chantler, is 14 get. Him being guilty had nothing to do with It. 1 15 what he called me, Brother Chantler is going to be at 15 don't care. What I want is for him to be defended and 16 the church at 6:15. If you've got an Issue, you can 16 to gel his fair day in court. It doesn't matter to me 17 meet Brother Chantler over there. I had no Idea that 17 what somebody's motivations are what or somebody's 18 was part of the agenda. 18 circumstances are. It's irrelevant. 19 So I went over to his church, which is in a very 19 So I don't care whether Marty's daughter was 20 poor part of Polk County. And there were probably 50 20 fairly or unfairly treated by the Stale Attorney's 21 people waiting for me. And they were all 21 Office. If Marty wants to make public records requests 22 African-American, maybe one or two Latinos; no Whiles. 22 to the State Attorney's Office, I'm happy to do that. 23 And I spent the next several hours talking to people. 23 O. After this meeting in April 2013, when was the 24 Obviously I can't give legal advice, but they are 24 next time you spoke with Mr. O'Boyle? 25 describing to me various Issues they've got. And most 25 A. I don't know. We communicated a little bit. I 1 Page 46 of them, the vast majority of them, they had a child, or 1 Page 48 do remember my wife and I went down to South Florida. 1 2 a spouse, or a loved one who was either in jail, in 2 don't even remember why we were down there, probably 3 prison, or being prosecuted. And for those folks, none 3 some sort of civil rights meeting. And on the way back 4 of them have private attorneys. All have public 4 up, Marty kind of left me an open Invitation to stop by 5 defenders. And the common denominator that I got in 5 and see him any time, so I called him, and my wife and I 6 that first night over there was that the public 6 stopped by at his office, and mainly so she could put a 7 defenders were doing virtually no meaningful discovery 7 face with the name. And we chatted at his office for a 8 In these criminal prosecutors. So I spent every 8 little bit. He actually invited to take us to dinner, 9 Thursday night for the next nine months to a year going 9 but we wanted to hurry and gel home. 10 over there, meeting with these people. And I can't give 10 There may have been — I don't remember. There 11 them legal advice, but I can tell them If my kid was 11 may have been another meeting or two In there. I just 12 being prosecuted, here is what I would be asking for. 12 don't recall. But It was In very early January of 2014. 13 If I had some dipshit attorney who wasn't doing his job 13 1 got a very nice e-mail from Marty. And I don't know 14 defending my child, and my kid was being prosecuted 14 If we — we may have talked on the phone a time or two, 15 because supposedly he dropped a bag of crack cocaine at 15 or probably exchanged a -malls a time or two from April 16 his feel as the officer turned the comer, the first 16 2013 until the January e-mail I'm talking about. 17 thing I would want to do is impeach the character of 17 1 think it was January 4th, 2014, 1 got this very 18 those police oRcers. They are the only witnesses. So 18 nice e-mail wishing me a Happy New Year. The e-mail 19 1 would help them get access to public records. 19 said something to the effect of, I hope 2014, you get 20 Some of those people that I helped — and there 20 everything you deserve. And I remember thinking, I'm 21 were a shocking number of them that ultimately ended up 21 not sure I want everything I deserve, but I very much 22 being acquitted, because what we found out Is the police 22 got the sense he wanted to talk. In fact, he said in 23 officers are very well documented liars in many 23 his e-mail that he wanted to schedule a visit. And then 24 Instances. You have a guy who, if you look at his IA 24 It was some time after that, I ended up — I think It 25 summary, and his internal affairs Investigations, 25 was January 22nd that I actually went dawn to meet with O ESQUIRE 800.211.DEPO (33 76) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 49-52 1 Page 49 him. 1 Page 51 about trying to form — to meet to discuss forming a 2 Q. You believe It was the 22nd of January? 2 public records foundation? 3 A. I believe It was 22nd of January. 3 A. Yes. The e-mail was not, hey, let's gel together 4 MR. GOLDSTEIN: I will show you what we are going 4 to talk about forming a foundation. It was just Happy 5 to mark as Exhibit 1, which appears to be a timeline, 5 New Year, hope you get everything you deserve. Let's 6 which was previously marked as Exhibit 1 to your 2004 6 get together, was the gist of IL There was no 7 examination. 7 substance to It beyond that. My sense that there was 8 (Defendant's Exhibit No. 1 was marked for 8 going to be some substance to the conversation was 9 identification.) 9 purely my Intuition. Now, it turns out that that 10 THE WITNESS: As a former copy machine salesman, 10 Intuition was right. And it gave further credence or 11 1 have to tell you, I'm very offended. 11 substance to that Intuition as a result of conversations 12 BY MR. GOLDSTEIN: 12 that I had with Jonathan O'Boyle, with Ryan Witmer, 13 0. Do you recognize this document? 13 which are notated on the second page of this. 14 A. I can't authenticate It. It looks vaguely 14 1 had a conversation with Ryan and Jonathan. I'm 15 familiar. 15 sort of perpetually on the — not anymore, but I used to 16 Q. Does It look like the timeline you may have 16 be sort of perpetually on the lookout for attorneys that 17 crealed7 17 might be able to help me with public records litigation 18 A. It looks like it might be, but again, I can't — 18 or be attorneys I can refer to somebody for public 19 without going through and doing a detailed comparison of 19 records litigation. Many of the contacts that I receive 20 what you've handed me with what I created, I couldn't 20 from the public are asking for a referal to an attorney, 21 tell you for sure whether it is or Isn't. The quality, 21 for which I gel no compensation from either side. 22 as you say, is very poor. 22 So I've also been Interested — I'm not so 23 0. 1 recognize that. I believe you testified that 23 interested anymore, but at the time I was very 24 you first— that you got an e-mail early 2014 from Mr. 24 interested In cultivating relationships with potential 25 O'Boyle wishing you a Happy New Year? 25 attorneys. Conversations I'd had in person with Ryan 1 age A. Yes. 1 age and with Jonathan gave me the sense they were probably 2 0. Was there any discussion regarding meeting with 2 Interested in that sort of thing. Then we had telephone 3 him, If you recall, during the course of that e-mail? 3 conversations, and we had kind of, in very general 4 A. Yes, As I recall, the e-mail was something to 4 terms, talked about maybe doing some work together, 5 the effect of Happy New Year, I hope you gel everything 5 either me referring people to them, again, for no 6 you deserve. And I couldn't tell whether It was a 6 compensation, maybe them representing me In some cases, 7 blessing or a curse. And something to the effect that 7 although I don't think I would have been terribly 8 — I don't remember if It was that e-mail or a 8 excited about that, because my experience, no offense to 9 subsequent e-mail, but In very short order it was, "1 9 them, but with anybody — you know, you graduate from 10 would like to meet with you." It was sort of a, "Let me 10 law school, you pass the bar, you still don't know how 11 know ff you're going to be down here," or something to 11 to practice law. You don't even know how to file a 12 that effect. I very much got the — at that point, 1 12 lawsuit. You don't know where the lawsuit gets filed, 13 very much had the Impression that there was going to be 13 much less how to draft one. I have already gone down 14 some substance to whatever our meeting was going to be 14 that road more than once with recent law school 15 about. 15 graduates and it's not a pretty picture. I don't think 16 Q. So looking at what has been marked as Exhibit 1 16 1 was that excited about them representing me, but — in 17 in the first page, there Is a notation that says, "Marty 17 the course of our discussions, I remember saying to them 18 O'Boyle e-mail to Chandler, January 4, 2014, MEO, which 18 that there's this plethora of open government litigation 19 you Indicate is Mr. O'Boyle, Invites Chandler to meeting 19 simply because there's so many violations of the Public 20 to discuss what would later become known as Citizens 20 Records Act. There are a lot less now today than there 21 Awareness Foundation." 21 used to be, by the way. 22 A. Yes, CAR. 22 When I first started doing what I do, according 23 0. Is that accurate? 23 to Barbara Peterson, about 60 percent of all public 24 A. That is my recollection, yes. 24 records requests were met with an unlawful response. 1 25 Q. So this Initial e-mail, there was some discussion 25 don't think It was quite that high. My experience was O ESQUIRoE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 53-56 1 It was closer to 50 percent. Today, with public age 53 1 a name. It ultimately was the O'Boyle Law Firm. Iage 55 2 operated entities like the Town of Gulf Stream, for 2 don't recall if we got into that on the telephone 3 example, violations only occur about 30 percent of the 3 conversation. 4 time. So there's been a very dramatic Improvement in 4 Q. Did you call them or they reached out to you? 5 the response of publirally operated agencies. 5 A. I think they called me. 6 When I started concentrating on state contractors 6 Q. Do you know where they were when they called you? 7 whose contracts explicitly make them subject to the 7 A. I don't know. 8 Public Records Act, Le., 287.058, if you don't respond 8 Q. Do you know if they were in the same room or if 9 properly to public records requests, we can Immediately 9 they were on two different lines? 10 and unilaterally terminate your multi -billion -dollar 10 A. I don't know. 11 contract, where it just says It. The compliance rale 11 Q. Do you know Jonathan O'Boyle was In Florida when 12 was about 2 percent. Today it's probably closer to 50 12 you — 13 percent. And I am confident that the reason we have had 13 A. Don't know. 14 that Improvement is education, which happens sometimes 14 Q. Now, in your discussions with them, it sounded 15 in a seminar -type setting, sometimes it happens 15 like they could basically set up shop and become an 16 one-on-one or consultative setting. But very often it's 16 exclusive public records law firm. That was what your 17 an education program that happens at the courthouse. 17 recollection of the discussion was? 18 But I was telling them that there is a lot of 18 A. No; not necessarily. I mentioned earlier that I 19 public records litigation out there. Only a tiny 19 didn't remember how many times I had been down to see 20 fraction of the cases that could be filed, get filed 20 Marty before the January meeting. There was at least 21 because most people don't have the resources to do it. 21 one other— at least one other in-person visit, because 22 And — but I was saying to them in this 22 1 remember having a conversation with Jonathan and Ryan 23 conversation that — In fact, I can remember where 1 23 in person, and we were, again, laking advantage of 24 was. It was on Hillsborough Avenue In Tampa standing 24 Marty's very well stocked bar, where we had talked about 25 outside of a Dunkin' Donuts when I had this conversation 25 not only open government litigation, but civil rights 1 age with them that the best way to do this would not be 1 age Issues generally. And that conversation left me very 2 individuals, but a nonprofit for a whole lot of reasons, 2 favorably disposed philosophically. They both seemed to 3 as a client And their response was something to the 3 be very earnest about civil rights Issues generally. So 4 effect that well, you are really going to like the 4 the sense that I think I had in this conversation we had 5 conversation you are going to have with Marty. So it 5 In January of 2014 was that open government litigation 6 was this sort of this sense that — they didn't say it 6 would have just been one part of their practice. But 7 but, I got the Impression that's kind of what Marty had 7 that would have been the part that I would have been 8 in mind. And I was so convinced of that that in the 8 talking to them about. But I don't think that it 9 week leading up to my meeting with Marty, I actually sat 9 necessarily was limited to just open government. 10 down, and gave some real thought to what I might ask for 10 Q. To your knowledge, at that point in time, was the 11 If I was given an opportunity to have that conversation 11 O'Boyle Law Finn, had it been formed yet? 12 with Marty, which I did have, ultimately. 12 A. I don't know. 13 Q. What prompted you to call Ryan Witmer and 13 Q. Do you have any Idea as to when the O'Boyle Law 14 Jonathan O'Boyle? 14 Firm was created? 15 A. I think they called me, If I'm not mistaken. 15 A. I don't know exactly. No. 16 MR. DESOLIZA: Josh, mind If we take a 5 minute, 16 Q. And you testified that—you said, I guess, In 17 10 minute break? 17 your discussions with them, that the best way to set 18 (Recess from 11:51 a.m. to 12:53 p.m.) 18 this up was to do It through a not-for-profit entity; Is 19 BY MR. GOLDSTEIN: 19 that correct? 20 Q. We left off regarding your call with Jonathan 20 A. In my opinion, and that wasn't a legal opinion. 21 O'Boyle and Ryan Witmer where you were discussing the 21 That was more political than anything else. 1 think 22 public types of cases that this law firm could — their 22 there are some real advantages to having a nonprofit 23 new law firm could handle. What was the name of that 23 function as an advocacy organization for open government 24 law firth? 24 for a whole lot of reasons. It makes it less personal. 25 A. At the time, I don't know that they even gave me 25 And frankly, there are so many problems with having lots ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 57-60 1 Page 57 of different plaintiffs. As I mentioned to you earlier, 1 Page 59 vindictive. That would have been a better solution than 2 1 get contacted very regularly, if not daily, many times 2 having a whole bunch of different talents, although 3 a week, by citizens who have some hobbyhorse they are 3 there is something to be said for having more than one 4 riding that somehow they feel they need to get access to 4 client, certainly, but that was my rationale for that. 5 public records. On a number of occasions, I have 5 Q. Obviously, these law firms, or in particular, the 6 referred those people to law fines. In fact, I referred 6 O'Boyle Law Finn, is getting paid a fee to provide these 7 some to the O'Boyle Law Firm. I have referred to other 7 services; correct? 8 law fines as well. 8 A. In my experience, the vast majority of public 9 One of the problems you run into — and I say 9 records litigation ends up being done on a contingency. 10 this, I think, from the perspective more of the attorney 10 It is pretty rare — especially when we are talking 11 than anybody else. Plaintiffs are not always easy to 11 about if the plaintiff is an Individual. I think it is 12 control. At the end of the day, the plaintiff is the 12 very rare that you have somebody who is willing to step 13 one in charge. They get to make the decisions. They 13 up to the plate and say, "1 will be on the hook for a 14 get to make the choices about settlement, and litigation 14 whole bunch of money." I did that early on because 1 15 strategies, at cetera. If you have lots, and lots, and 15 had the money to do it. There was a time where I could 16 lots of different plaintiffs, many of whom are very 16 write a $50,000 check. Thafs a very distant memory. 17 passionate about a particular Issue, I think very often 17 1 think that in that respect, I was exceptional 18 that clouds their judgment when it comes to how they 18 as a client, early on. I had the means to do it, and I 19 perceive the litigation. 19 was willing to do it. Most people simply don't have 20 And one of the advantages of having a nonprofit, 20 that capacity. And because of that, most cases are 21 you would have more certainty from a legal side of 21 litigated on behalf of individuals on a contingency 22 things. You would have more certainty about what you're 22 basis, so the firm is taking a lot of risks; costs they 23 dealing with. For example, what I usually tell 23 may never get back, and of course under 119.12, the 24 attorneys that represent me, I'm usually willing to go 24 attorney fee provision, It's reasonable attorneys fees. 25 as far as they want to go. When they decide they want 25 And as you probably know, one of the tactics that is 1 age to hang up the spurs and resolve the litigation, I'm 1 age 60 very often employed by public agencies who find 2 happy to do that, as long as we do it in a way that is 2 themselves in public records litigation, Is even one 3 resolved In favor of access. If an attorney wants to 3 liability has been established, at least all of the 4 keep going, and they want to do The Full Monty, I'm 4 examples that I'm familiar with personally, the judge 5 perfectly fine doing that. The problem you run Into, 5 will say, I'm going to award attorneys fees, but I'm 6 and I've seen this first hand, you get a plaintiff who 6 going to reserve jurisdiction over the amount of fees. 7 is upset about some Issue with their local government, 7 You guys go work it out. 8 and all they want is their pound of flesh. And they 8 The problem for the plaintiff is they're still 9 want to keep going, and they want to duke it out, and 9 paying their attorney. And that money that they spend 10 they don't have any conception of the risk that the 10 paying their attorney to negotiate the fees is not 11 attorney is taking as far as costs, and lost billable 11 compensable. So for example, you might have run up 12 hours, at cetera. And I understand that from the 12 $50,000 in legal fees, but you might spend another 13 plaintiffs perspective, because there was a time where 13 $25,000 wrangling over the amount of fees. So you are 14 1 was a neophyte, and I suppose my very early public 14 faced with sort of this okay, maybe I will get my 50, 15 records lawsuit, 1 probably was not the Ideal client. 15 but I will spend 75 in the process of doing it. 16 Let's go for the throat. 1 want my day In court 1 16 So the — I don't think it would be a fair —1 17 want to be vindicated. That would be very trying for a 17 wouldn't say that they are being paid to do IL They 18 law firm to have lots, and lots, and lots, and lots of 18 may get paid at the end. But again, It really comes 19 people who have bees In their bonnets, who don't really 19 down to what the court awards. 20 understand the legal process. 20 Q. Understood. But ultimately, they are taking it 21 If you had a principal client that was a 21 on a contingency with the expectation that after looking 22 nonprofit that was being controlled by someone who 22 at the file, they are going to prevail — In their 23 understands the legal process and understands that the 23 opinion, they are going to prevail, and therefore, be 24 objective is to get the records, but ultimately It's 24 able to get a fee based upon the statute? 25 compliance. That's what we are really about; not being 25 A. Well, If I'm consulting with them, they will ESQUIRE 800.211.DEPO (3376) FcnuirPSn6rffnn.c rnm JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 61-64 1 Page 61 prevail. 1 Page 63 — I guess it would have been in Delray. I went to a 2 MR. DESOUZA: Hold on, Joel. Objection to form. 2 Perera Bread and called him, and was having difficulty 3 Go ahead and answer. 3 reaching him on the phone, and ultimately went to his 4 A. I did. If I'm consulting with them, they will 4 house. And he came to his house and met me there that 5 win. And the reason that is, I won't be involved with a 5 night. And from there, he and I — he said he wanted to 6 case unless I'm confident of the facts. I don't care 6 talk to me individually, just the two of us. And that 7 about the motivations. I don't care what the objectives 7 was the first time that he actually approached me about 8 are. Why somebody makes a request doesn't matter to me. 8 creation of the foundation, and me going to work for the 9 But I care very much about the quality of the facts. 1 9 foundation. And It was after that that he and I left 10 don't want to be involved with any public records 10 his house and went to In Italian restaurant. I had 11 litigation at all unless I'm supremely confident that 11 chicken parmesan. It was really good — or veal 12 It's going to prevail because bad facts make bad law. 12 parmesan. And that's when I met Jonathan. I think 1 13 I've been very fortunate. Most of the cases that 13 met him once before In person. The three of us had 14 I've been Involved with, the facts were very, very 14 dinner, kind of talked about things. 15 clear, and thankfully, the judges were able to make the 15 Q. That was In Florida? 16 right decision based on the case law. Unfortunately 16 A. Yes, In Delray, I think. 17 that's not always the case. 17 Q. And you said that was in — when was it, January 18 BY MR. GOLDSTEIN: 18 22nd, 23rd? 19 Q. Understood. Following this conversation with 19 A. I believe It was January 22nd. That's my 20 Jonathan O'Boyle and Ryan Witmer, did you have any 20 recollection. 21 subsequent conversations with them in January 2014, 21 Q. 2014? 22 either verbally, by e-mail? 22 A. Yes. 23 A. I can't say with certainty, but I think that was 23 Q. During that meeting, did Jonathan O'Boyle 24 probably the case. We probably did talk more than once. 24 indicate what he was doing or where he was working? 25 0. Do you have an idea of how many limes? Was it 10 25 A. Yes. As I recall, he — and I mean this In a 1 Faiga6T times? 5 times? 1 Page 64 kind way. He was short of disheveled, looked like a guy 2 A. i don't know. 2 who had just come back from working a really long day. 3 Q. Why don't you take a look at Page 2 of what was 3 He was commenting about getting the law practice up and 4 marked as Exhibit 1, and see if that helps refresh your 4 going and he was staying very busy. 5 recollection as to the number of times you may have 5 Q. Did he mention where his office was or anything 6 spoken with them. 6 along those lines? 7 A. It looks like according to this, which again, 1 7 A. I don't remember during that dinner if there was 8 cannot authenticate, one, two, three, four different 8 any discussion about that I don't remember. 9 communications with Ryan —four or five, one, two, 9 0. But he looked like he had been working on getting 10 three, four. 10 his law practice up and going? 11 Q. So that refreshes your recollection as to the 11 A. Yes. 12 number of times you may have spoken with — 12 0. So in all likelihood, given the fact that you 13 A. Well, again, I can't rely on this because I can't 13 were In Florida, that he was there trying to get his law 14 authenticate it. Based on what you've shown me in this 14 practice up and going in Florida? Would you agree 15 exhibit, there are — on this page, there appear to be 15 that's a fair statement? 16 four Indications that there were a -mails exchanged 16 MR. DESOUZA: Object to form. 17 between myself and Ryan Witmer. If I could authenticate 17 A. You're asking me to speculate, in all fairness, 18 this, then I would have some confidence in saying yes, 18 they own planes, and he is a pilot. So who knows. My 19 that refreshes my memory, but it doesn't. 19 — the context of that discussion was, yes, that he was 20 Q. When was the next time you spoke with Mr. 20 this was getting the law practice up and running in 21 O'Boyle? 21 Florida. That was my Impression. I can't assert any 22 A. I don't know. I would be reasonably confident 22 certitude about that. That's a redundancy. I can't be 23 that we must have talked, probably at least by phone, 23 certain about that. 24 about my travel arrangements to come down there when we 24 BY MR. GOLDSTEIN: 25 mel on the 22nd. I actually, when I got down there to, 25 0. At that point in time, were you aware as to ESQUIRE 800.211.DEPO (3376) FCnll%rP.Qnhrflnnc rnm JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 65-68 Page bb Page 67 1 whether or not Jonathan O'Boyle was admitted to practice 1 positively, a lot more lives. 2 law in Florida? 2 So part of this was trying to plumb the depths of 3 A. Yes. I was — it was my understanding that he 3 the commitment, because I have a pretty vivid 4 had passed the Bar, but had not yet been licensed in 4 imagination. So when somebody who is wealthy tells me, 5 Florida. He's a very bright young guy. As I recall, he 5 "1'm going to fund your advocacy," I'm trying to figure 6 was already licensed in two other stales, I think New 6 out what does that look like? Lel's get down to 7 Jersey and Pennsylvania. And my layperson's 7 numbers. And Marty is very coy, and very charming, and 8 perspective, I expected anybody that was smart enough to 8 just enormously winsome. And each time I asked him, it 9 do that in two stales wouldn't have any trouble in 9 was sort of, "Whatever it takes," was his response. 10 Florida. 10 So for example, I was trying to gel a sense of 11 0. Now, following this dinner, is that when you had 11 what would my budget be for travel, because what I'm 12 the meeting just with Martin O'Bolye? 12 Imagining is going around and meeting with black 13 A. No. We had the meeting beforehand. And our 13 churches all over the state of Florida and talking to 14 meeting sort of continued. We went to dinner, had a 14 people about civil rights Issues, or meeting with 15 very nice dinner with Jonathan. And after the dinner, 15 student groups. I'm thinking I'm going to be zigzagging 16 Marty and I, we rode there together In Marty's car, and 16 all over the stale. What is my budget? 17 we rode back to his house In his car. And we actually 17 His response each time was, "Whatever it takes." 18 sat in the parking lot of the restaurant and chatted for 18 And then of course the issue of litigation came 19 a bit, and kind of talked more about some of the 19 up. My — I'm not naive. I understood that his son was 20 mechanics of — he had already made an offer to me, and 20 starting a law practice. I already talked to Jonathan 21 we were kind of batting back and forth. And this was 21 about at least part of the nature of the law practice 22 actually, over the course of several days I was there. 22 being open government litigation. I know from my own 23 And we kind of went back and forth about how we were 23 experience, and even at that time, that if you do the 24 going to work things out, and what It would lock like 24 kind of work that I do, you're going to run Into 25 for me to actually go to work for the foundation. 25 violations of the law that if they are going to be 1 age 0. What were the specifics of your conversation with 1 age 68 resolved, they are going to have to be resolved In 2 Mr. O'Boyle regarding the foundation? 2 court. And that generates lawsuits and that generates 3 A. Well, his Initial offer was actually quite 3 legal fees. So I got that part of this was a business 4 generous, He offered to pay me $75,000 a year, and that 4 decision, that financing my advocacy very likely would 5 they would give me a new car, and cover all of my travel 5 have a byproduct of lawsuits that needed to be 6 expenses. So this was — for me, felt like Christmas. 6 litigated. 7 1 do most of— all of my advocacy for free at my own 7 So I asked him, what is your tolerance for pain 8 expense. And It's been economically disastrous for me. 8 for filing fees, for example, as you know, usually $400 9 So for somebody to suddenly say that I didn't have to 9 plus service, plus summons, all that, costs 500 bucks 10 worry about putting food on the table, was a huge 10 just to get a case started. He said, "Whatever it 11 relief. But much more Important to me than that were 11 takes." So he asked me, "Well, how many rases do you 12 the economic resources that I would have to do my 12 think you could come up with?" 13 advocacy. 13 My response was, "What about 1007" 14 1 think It's pretty clear from my economic 14 He was like, "No problem" 15 history since I have been doing advocacy that I'm not 15 So I was like, "What if I came up with 100 in a 16 money motivated. I don't care. I have been broke for a 16 month?" 17 long time and I'm perfectly happy to continue to be 17 "No problem." 18 broke. I'd rather not be broke, but I don't do this for 18 Well, that would be 1,200 in a year. What If it 19 the money. I do it because I believe in civil lights. 19 was 2,0007 No problem. What if it was 3,000? No 20 And to have somebody with Marlys resources tell me 20 problem. 21 that, I will fund your work that you are already doing 21 So we never really came up with any kind of 22 for free, was an enormous positive for me. Because not 22 concrete budget, but it was. I will pay you 75,000 a 23 only did It mean that I could keep doing my work, but It 23 year, cover all of the expenses — reasonable expenses 24 meant that I could do it much more effectively. I could 24 you've got for doing your work, and he suggested that I 25 reach out to a lot more people. I could Impact, I think 25 hire an assistant. And we talked — I think the number io ESQUIRE 800.211.DEPO (3376) S. l V•, o� s FsauireSnhjKnnc rnm JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 69-72 1 Page 69 he suggested — and these were only suggestions, 1 1 Page 1 was very concemed that it be Independent, that nobody 2 think, I pay them $60,000 a year or something. 2 would be directing behind the scenes what happened. 1 3 And this conversation kind of went back and 3 wanted to be able to make the requests that I wanted to 4 forth. One of the things that I — the only real 4 make, and I wanted to be able to engage in the 5 hang-up that he and I had In this discussion was that 1 5 litigation that I thought was appropriate. 6 wanted to continue to be able to do my own thing. 1 6 One of the reasons for that concern was in my 7 wanted to be able to continue to do pro se litigation. 7 first visit to their offices in 2013 when I reviewed all 8 And he felt very strongly — In fact, this Is one of the 8 of these public records requests made to the Slate 9 things we talked about outside of the restaurant that 9 Attorney's Office, I rejected all of them as far as 10 first night on the 22nd, was that he did not want me 10 whether or not they were worthy of litigation. And in a 11 doing that. He wanted my full attention. And so over 11 very nice way — he was not ugly about it, but Marty 12 the next several days, I kind of toyed with what that 12 made it clear that he was disappointed that I was so 13 looked like for me. 13 persnickety about the quality of the cases. 14 So ultimately, one afternoon we were sitting 14 1 have tried to winnow out in my own work, 15 outside his house by the pool, and that's when we kind 15 anything that — if It's got a whiff of a good defense, 16 of finalized things. I said I want 120 grand a year, 16 1 don't want to do it. And I did not want to be in a 17 and he agreed to that, and off to the races we went. 17 position where I had to constantly argue with people 18 Now, during that discussion, I laid out some 18 about whether a case was worth litigating or not 19 conditions. One was that there could not be an enemies 19 litigating. Cases are so plentiful. Violations of the 20 list. What I meant by that was, I don't care about 20 Public Records Act are so common, and very often very 21 people's motivations, and i don't care about other 21 egregious. It's not hard to get really, really good 22 people's objectives. I care very much about my 22 facts. And you've got to be really — in my opinion, 23 motivations and I care very much about my objectives. 23 you have to be really picky. 24 1 don't judge somebody for making a bunch of 24 And so that was one of my real concerns. 1 25 public records requests for whatever it Is they want, to 25 wanted to be sure there wouldn't be any pressure from 1 Page 70 whatever agency they want. They have the right to do 1 Page 72 anybody else. I got to make those decisions. While 1 2 that. That does not necessarily mean that's good 2 was very, very willing to give the lion's share of cases 3 advocacy. What I'm Interested in is strengthening the 3 to the O'Boyle Law Firm, I also wanted the discretion to 4 public's right to know; not doing things that are 4 be able to give cases to other law firms when I thought 5 deleterious to that right. And for that reason, 1 5 it was appropriate. 6 thought it would be disastrous If the foundation was 6 So that was sort of the nature of our 7 picking on one agency, or conversely, was — I want to 7 conversations. And as I said, that transpired over 8 be sure nobody was off limits. I don't care if you are 8 several days. It was never adversarial. It was very 9 golfing buddies with the governor— not saying that he 9 pleasant. Marty is a very hospitable man. 10 is. If the deal is I can't go after the governor, then 10 Q. You testified you were very willing to give the 11 screw it. I'm not in. I have to have carte blanche, 1 11 lion's share of the work to the O'Boyle Law Firm. Was 12 can go after whoever I want to go after, and I don't 12 that one of the conditions? 13 have to go after anybody in particular. And he was very 13 A. No. It was not. And I made that point that 1 14 agreeable to that 14 wouldn't do this if the condition was — I understand 15 1 was very concerned about the independence of 15 that If I go out and I make 100 public records requests, 16 the foundation. I thought it would be disastrous if it 16 1 know from experience that if I make those public 17 turned out that the foundation was nothing more than one 17 records requests to publicly operated agencies, cities, 18 Individual's Instrumentality. I got his assurances that 18 counties, whatever, that about 30 percent of those are 19 it would be independent. I Insisted that I would have 19 going to give me the middle finger. And I'm not talking 20 sole discretion about litigation. Obviously, I knew 1 20 about little, minor technical violations. I mean tell 21 would serve at the pleasure of a board of directors, 21 us your name or you don't get the records. Or you have 22 which I'm perfectly fine with. In fact, I welcomed not 22 to make your requests and it has to be notarized, and 1t 23 having to worry about finances, and I won't have to 23 has to be sent to us by certified mail. 24 balance a checkbook or any of that stuff. Just give me 24 1 know that if I go out and make 100 public 25 a paycheck,, cover my expenses, let me do my thing. But 25 records requests to municipalities, that I'm going to ES DIRE 800.211.DEPO (3376) s o 1 11 1 1 o . s F.enuirP.Cnlnf1nnc enm JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 73-76 Page 73 Page 75 1 get about 30 of those. Now, that doesn't mean all 30 of 1 didn't know If those funds were going to go to the 2 them are worth litigating. But certainly, I would guess 2 Citizens Awareness Foundation, and the Citizens 3 on average, about 20 of those would be. They've — 3 Awareness Foundation was going to pay its own filing 4 somebody's got to litigate them. One of the real 4 fees, or if the money was going dlrectiy to the law 5 problems that I had with law firms prior to this was 5 firm. I didn't know. But what I was being told is the 6 bandwidth. Most law firms didn't have the capacity to 6 bandwidth that I was always concerned about with other 7 lake on a lot of public records lawsuits because they 7 law firms, was a nonissue here. We have all of the 8 are contingency, and they've got bills to pay. They 8 bandwidth you want. We can take as much as you bring 9 need some certainty, and they have somebody waving a 9 us. Now, that ended up not being true. They couldn't 10 check at them, they are going to take the guy that is 10 keep up. But you know, I'm prolific. 11 willing to pay as he goes versus a contingency case. 11 O. So was it your understanding that Mr. O'Boyle was 12 And then the other Issue Is the cost. The filing fees 12 financing, in one way or another, both the foundation 13 alone can be prohibitive if you're doing a lot of 13 and the law firm? 14 lawsuits. 14 A. Yes. That was my understanding. I don't recall 15 So here I have two young attorneys who seem very 15 ever seeing any documents that would show that, but that 16 passionate about open government, about civil rights 16 was my understanding. 17 Issues in particular. They know a lot more than most 17 O. You agree you weren't privy to whatever documents 18 attorneys in Florida about public records Issues, which 18 or agreements that would have been put together in terms 19 Isn't saying very much, because I could take the 19 of financing of the law fine; correct? You more than 20 collective knowledge of most attorneys, and it wouldn't 20 likely wouldn't have been privy to any financing 21 fit on a postage stamp when It comes to open government 21 agreement or respect to that for the law firm. 22 Issues in Florida. But they seemed pretty knowledgeable 22 A. No. I had no — never had any access to any 23 In comparison with most other allomeys. And I had 23 financial anything. I mean, for the foundation or for 24 somebody who was willing to finance it. It didn't need 24 the law firm. I mean, I wasn't a party of the law firm, 25 to be a condition, because I knew going Into It that 25 so that goes without saying. But even the foundation, I Page 74 Page 76 1 it's not like there's some other law firm saying, "give 1 didn't have access to checks. I didn't have accesses to 2 us 50 cases in a month." I don't know anybody that 2 cash. I ultimately got a credit card. I used Marty's 3 could do that. It wasn't a condition. It was Just a 3 card for awhile until the foundation got its own credit 4 fact. It was a circumstance. Here you have two guys 4 card. I didn't want any of that. That is not my cup of 5 who are well financed and are hungry for the work. If 5 lea. I just didn't want it because I didn't want It. 6 somebody is going to be paying me to go out and do my 6 But beyond that, I was relieved not to have that 7 thing, then there's a good chance that there are going 7 responsibility. 8 to be cases needing to be litigated. 8 The reason I believe in open government is 9 But it was never— in our preliminary 9 because I believe all men are utterly and totally 10 discussions, it was never in my agreement to work with 10 depraved. I believe in total depravity. And I have no 11 the Citizens Awareness Foundation, that you have to go 11 doubt that if I were given an unlimited budget and no 12 out and get X number of cases and give them to the 12 accountability, I would abuse it. And I think everybody 13 O'Boyle Law Firm completely. Now, eventually, that very 13 at this table would. And I was relieved to not have to 14 much became the case. But I would never have agreed to 14 worry about that. I had to answer to somebody else for 15 do it had that been a condition In the first place. 15 how I spent the foundation's money, and I didn't have to 16 O. Backtrack to a couple things you said; the first 16 worry about accounting. 17 being, you said that you have these two young attorneys 17 O. Just so I'm clear, was it your understanding or 18 who are well financed. How did you know they were well 18 Impression that Mr. O'Boyle was financing both the 19 financed? 19 O'Boyle law fine and Citizens Awareness Foundation? 20 A. They would have — I didn't understand how the 20 A. Yes. Just call It CAR Yes, that was my 21 financing was going to be done. I didn't know if — 21 understanding. 22 when I asked Marty, what If I come up with 100 cases in 22 O. When you had these discussions was CAR already 23 a month, or 3,000 in a year, what is your tolerance for 23 formed — 24 pain? He was — clearly, my understanding was he was 24 A. No. 25 the guy that was going to make those funds available. 1 25 O. — entity? 4 ESQUIRE 800.211.DEPO (3376) s a . „ . , o » s F.SnNirPRnillfinn.Q r.nm JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 77-80 Page 7 age 79 1 A. Na. 1 aver? 2 Q. Do you know when CAFI was, in fact, formed? 2 MR. DESOUZA: If that was the last question, the 3 A. I believe 8 was January 27th. So the timellne 3 question was when was CAFI formed, then Joel gave an 4 goes like I go down there on the — Marty and I have 4 answer, I'm fine if you move on to the next question. 5 e-mail exchanges, phone calls, whatever, first part of 5 1 will just get the transcript and see what the full 6 January. I'm contemporaneously having conversations 6 answer is, as opposed to repeating the full answer. 7 with Jonathan and Ryan about maybe working together, 7 MR. GOLDSTEIN: I don't think he was done. 8 figuring out some way to do that. Then the Idea of a 8 THE WITNESS: It was started on — I believe it 9 foundation or a nonprofit kind of floated out there in 9 was January 27th. So I was getting ready to say I go 10 this sort of amorphous way. January 22nd, I meet with 10 down there on the 22nd. I stayed at Marty's house. I 11 Marty. This is the first time we actually had this 11 was getting ready to pay Marty and Sheila a compliment 12 discussion about any concrete, hey, this Is really what 12 about what wonderful hosts they were. They were very, 13 1 want to do. I'm delighted at that. Then I stayed at 13 very super sweet hosts. So I stayed at their house. 14 his house. He was very, very — he and his wife — 14 And we had these discussions. 15 MR. DESOUZA: You guys are silent. Is that on 15 And leading up to that, we had a conversation, 16 purpose? We haven't heard anything for the past 30 16 "we" being me, and Marty, and I think 8111 Ring may 17 seconds. 17 have been part of this — that there was already a 18 THE WITNESS: Can you hear mel 18 not-for-profit that had been created. And I don't 19 MR. DESOUZA: Yes, I hear you. I didn't know if 19 know the name of it. Jonathan was on the board. So 20 you had taken a pause. 20 the suggestion was we would just use that. And 1 21 THE WITNESS: No. I've been talking this whole 21 objected to that. And again, it wasn't adversarial. 22 time. 22 1 just didn't think it was a good Idea. They talked 23 MR. DESOUZA: We haven't heard anything for the 23 about we will remove Jonathan from the board. I said, 24 last 30 seconds. 24 well, the problem with that, It's already public 25 THE WITNESS: Can you give us an Idea of where 25 records, and it wouldn't take a rocket scientist to age age 80 1 that goes back lo? 1 figure out he had been on the board. And I just, for 2 THE WITNESS: What's the last thing you heard, 2 appearance sake — I didn't think it was a legal 3 Danz 3 Issue, but for appearance sake, I didn't think It was 4 MR. DESOUZA: That's a good question. You're 4 a good Idea, that we should start fresh. It was 5 putting me on the spot. We had been talking about you 5 sometime after that that they came back and I think 6 and Marty, and you had given a pretty long answer, 6 Bill Ring is the one that came up with the name, which 7 then Josh asked you another question — or he was 7 nobody consulted me about that, which Is fine. 1 8 starting to ask you a question, but then I didn't hear 8 wasn't crazy about the name. But I was told Its 9 what the last question was. 9 Citizens Awareness Foundation. That's who you work 10 MR. GOLDSTEIN: Or the answer? 10 for. 11 MR. DESOUZA: I assume I didn't hear the answer 11 And I actually went out and started working on 12 either. It just got quiet for about 30 seconds. 12 the 27th. That was my first day. The day It was 13 Maybe If you go back to whatever the last question 13 created Is the day I went to work. 14 was, that would be helpful for us. 14 BY MR. GOLDSTEIN: 15 THE COURT REPORTER: The last question was, "When 15 Q. What was the name of the nonprofit that Jonathan 16 you had these discussions, was CAFI already fanned as 16 O'Boyle was on the board of? 17 an entity?" 17 A. I don't know. I already said I don't know. 18 And the answer was "No." 18 Q. I believe you testified that there was supposed 19 The next question was, "Do you know when CAFI 19 to be an Independent board of directors for CAFI; 20 was, in fact, forted?" 20 correct? 21 The answer was, "I believe it was January 27th," 21 A. Yes. 22 and then he began talking about the timeline. 22 0. Do you know who the initial board of directors 23 Had you gotten any of that, or do I need to go 23 were for CAFI? 24 back farther? 24 A. Yes. I believe that there were three, if I'm not 25 MR. GOLDSTEIN: Dan, do you need us to start 25 mistaken. Bill Ring was the president. Denise ESQUIRE 800.211.DEPO (3376) s 0, U r, o n s EsauireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 81-84 @ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com Page 81 Page83 1 DIMartini was an officer and Brenda Russel was an 1 BY MR. GOLDSTEIN: 2 officer. 2 Q. Have you seen those documents before? 3 0. Would you say that those three Individuals were 3 A. I have seen documents from Sunbiz relating to the 4 free of influences of Mr. O'Boyle? 4 corporate registration of Citizens Awareness Foundation. 5 A. No. They were not. 5 0. Do you believe that the corporation documents 6 MR. DESOUZA: Objection, form. 6 that are attached to what was marked as Composite 7 BY MR. GOLDSTEIN: 7 Exhibit 2 accurately reflect your recollection of who 8 0. Do you know what William Ring's relationship to 8 the initial board of directors were? 9 Martin O'Boyle was? 9 A. I can't authenticate It because I didn't get it 10 A. They worked together. I have described all three 10 off Sunbiz myself, but it looks like a Sunbiz document 11 of them as longtime employees. And again, I don't know 11 to me, and the filing date Is January 27th, 2014, which 12 which exact corporations they worked for or technically 12 is my recollection. And the Initial boards of directors 13 what their working relationship is with Marty, but they 13 conforms with my recollection as well. Looking at the 14 have worked for Marty or with Marty for a very long 14 Articles of Incorporation, It lists William Ring, Brenda 15 time. 15 Russel, and Denise DiMartini as the directors. 16 And I was a little, at first, a little concerned 16 Q. What was your understanding of Mrs. DiMartini's 17 that gee, these are — I was not crazy about them being 17 relationship with Mr. O'Boyle? 18 the board members just because It looked like — because 18 A. That she worked for him. 19 of the connection. With that said, I had not yet met 19 Q. And the same for Brenda Russel? 20 Denise. I had never even talked to her on the phone. I 20 A. Yes. 21 met Brenda a couple of times. She's a very nice lady. 21 Q. And you said that you went to work for CAM 22 And 1 had met Bill a number of times and really liked 22 Immediately the next day; Is that my understanding? 23 him. He was very, very nice, very pleasant, always very 23 A. The day it was started on January 27th, if I'm 24 cordial. 24 not mistaken; that's my recollection. And I will look 25 But it was clear to me from my discussions with 25 at my calendar. I believe that was a Monday, if I'm not Page 82 Page 84 1 Bill that he was not super knowledgeable about open 1 wrong. It was a Monday. I met with Marty on Wednesday 2 government law in Florida, and 1 kind of assumed that 2 the 22nd. That's when I first came down. I stayed at 3 was probably the case with Denise, and that was very 3 his house, then on the 27th I went to work. I actually 4 much my Impression from Brenda. They didn't strike me 4 went out and started doing my thing that day. 5 as being — they struck me as being ambivalent about 5 Q. So you went out from Mr. O'Boyle's house and you 6 open government Issues in Florida, not hostile and not 6 started making public records requests? 7 all hopped up about it either. And frankly, I sort of 7 A. As I recall, yes. That weekend 1 went ahead and 8 view them as figureheads. They're going to watch the 8 — I think I went home that weekend just for a day. And 9 piggybank so Joel doesn't steal any money, and they're 9 then there was a fellow that I knew through PMJA, a guy 10 not really going to Interfere with what I do. We have 10 named Terrell Elliston. When I went back down to South 11 to have somebody on the board of directors and I have 11 Florida, I didn't stay at Marty's house. i checked Into 12 somebody I'm responsible to for the money. But other 12 a hotel and had Terrell and his wife, Angel, drive down 13 than that, they are really not going to Interfere with 13 from Winter Haven to meet with me because I wanted to 14 me. So I kind of lel it go at that point. 14 hire him to be my coworker at the foundation. And I If 15 MR. GOLDSTEIN: I'm going to show you what I'm 15 I'm not mistaken, I think they came down Sunday evening, 16 going to mark as Composite Exhibit 2. 16 and we met at the hotel. And I — with funding from 17 (Defendant's Exhibit No. 2 was marked for 17 Marty or the foundation, I got a hotel room, took them 18 Identification.) 18 to dinner, and talked to him about coming to work for 19 MR. GOLDSTEIN: Composite Exhibit 2, just so you 19 me. And Angel stayed at the hotel that Monday, and 20 know, Dan, Is a printout from Florida Division of 20 Terrell and I actually went down to — we started in 21 Corporations and the filings for Citizens Awareness 21 Florida City. And we just went from one little 22 Foundation. 22 Miami -Dade County municipality to another making public 23 MR. DESOUZA: The stuff you pull off of Sunbiz7 23 records requests, and it was just the Wild West. It was 24 MR. GOLDSTEIN: Correct. 24 unbelievable how lawless they are down there. 25 MR. DESOUZA: Okay. 25 Q. So Terrell was his name? @ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 85-88 Page 85 Page 87 1 A. Yes. 1 A. Yes. They were —wanted the work. They had 2 O. Did he ultimately start working for the 2 communicated to me both in word and deed that they were 3 foundation? 3 open to my critique and wishes as far as how cases would 4 A. Yes and no; we agreed that he would come work for 4 be litigated. Both Jonathan and Ryan were very - 5 the foundation. I told Marty that he was going to come 5 seemed very eager for my Input to try to benefit from my 6 to work for the foundation. And Terrell and I are very 6 experience. They were local. They're in South Florida. 7 close and have a very good relationship. But I think he 7 It wasn't Miami -Dade County, but they're local. And the 8 was down there for a day or two, then he went back to 8 experience that I did have with —1 didn't have any 9 Winter Haven and called me and said he changed his mind 9 experience with the O'Boyle Law Firm, but I did have 10 and didn't want to do it. It was — part of that, 1 10 some experience with Ryan. He had worked as Bill's 11 guess, was money, and i don't know. It was sort of — 11 paralegal, and Bill represented me in my one and only 12 we left on —we parted on very good terns and we are 12 lawsuit that I filed against Gulf Stream before the 13 still on very good terms, but — so he actually never 13 foundation was created. So I knew that he had 14 got paid. I wanted — I Insisted that we pay him for 14 experience, limited experience, but they seemed to do a 15 the day or two he worked, and he refused, very 15 pretty good job. When I sued Gulf Stream, they seemed 16 graciously. It wasn't hostile. 16 responsive to my concerns as a client. We were, 17 So anyway, I was back working by myself. And not 17 thankfully, able to resolve that lawsuit very amicably 18 long after that I hired a woman by the name of Cathy 18 and very cost effectively. I think they —the town 19 Zollo, Z -o -1-1o, who is an award winning Investigative 19 ended up paying my attorneys fees, which were something 20 journalist, newspaper Journalist in Sarasota that I had 20 like $1,200, something very modest. Sc I fell pretty 21 done some work with. And so she came to work for the 21 good about giving it to them. 22 foundation. She stayed in Sarasota. At least when 1 22 O. Just 50 I'm clear, prior to the foundation, you 23 was with the Citizens Awareness Foundation, she never 23 had used the O'Boyle Law Firm? 24 went to the offices. I had her come over and meet me 24 A. No. I had not used the O'Boyle Law Firm. I had 25 one day In Deerfield Beach with a guy by the name of 25 worked with Ryan, who had passed the Bar, but had not 1 Page86 Dylan Boucher, which I can't spell, who I hired as an 1 Page 88 been yet Ilcensed, and was working as a paralegal for 2 intern through a civil rights activist friend of mine 2 Bill Ring, who was a licensed attorney, who took the 3 that Introduced us. 3 case against Gulf Stream. The way that they had 4 I was actually out the first day. If I'm not 4 Interacted with me as a client made me feel good about 5 mistaken, the first day I came back with 10 smoking hot 5 the personalities involved. And Ryan was now, as 1 6 perfect fact lawsuits. They were just — the very first 6 understood It, a managing partner of the O'Boyle Law 7 place we went was Florida City, and the police 7 Finn, and Ryan had been very pleasant. He was — I 8 lieutenant, when I asked to Inspect and photograph their 8 liked him. We really clicked on a personal level. 9 sign -in log and visitor log, which was public record and 9 Philosophically we seemed to be aligned about advocacy 10 couldn't possibly be exempt because they hand it to 10 and the Importance for civil rights and Importance of 11 everybody who walks through the door and makes them sign 11 open govemment. He seemed to be very much aligned with 12 it. The response I got was, you have to make your 12 my perspective on how we should handle litigation. And 13 request In writing, It has to be notarized, and you have 13 1 felt that way about Ryan pretty much the whole way 14 to send it certified, certified mail. And they were all 14 through my experience with the O'Boyle Law Firm. 1 15 like that, Just one right after the other, egregious 15 don'treally have any — off the top of my head, 1 16 violations of the Public Records Act. 16 really don't have anything to offer that would be a 17 O. Who got those lawsuits? 17 criticism of Ryan other than, you know, I wish he had 18 A. The O'Boyle Law Firm. 18 been more forceful about some of the ultimate concerns 19 O. And prior to assigning those 10 smoking hot 19 that we both shared. But I think Ryan was a good guy. 20 lawsuits to the O'Boyle Law Firm, you had never done any 20 I think he was a good attorney. So I had no problems 21 work with them previously; is that correct? 21 giving it to him. 22 A. Yes, that's true, with the O'Boyle Law Firm. 22 1 didn't have any experience with Jonathan as an 23 Right. 23 attorney, but he seemed very bright and articulate. 24 O. And you gave those cases to them despite your 24 From personal conversations I had with him, it seemed 25 ability to assign them to anybody? 25 like we were philosophically aligned as far as civil ESQUIRE 800.211.DEPO (3376) o o x F.cnidreRnhitinnc rnm JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 89-92 1 Page 89 rights Issues were concerned. I had certainly worked 1 Page 91 there, as far as I know, never. She never was there 2 with other law firms with whom I had a lot less contact 2 when I was there. 3 than the principals of the O'Boyle Law Finn, and I had 3 There were no other employees. It's not like 4 been willing to give business, my own business, to other 4 there was a CAR staff. It's not like we had our own 5 attorneys, which for the most part, didn't tum out 5 lunchroom or even an office. When I was there, I would 6 well. So I felt pretty good about it. 6 use whatever empty desk was around. I didn't— as far 7 Q. Now, correct me if I'm wrong, but is it my 7 as I know, I don't think I had an extension or anything. 8 understanding that Bill Ring was actually in-house 8 I'd use an empty — it's a big office. I would find 9 counsel for the Commerce Group? 9 some empty spot, and that's where I would light for a 10 A. My understanding is he's an attorney, and he 10 little while. But most of the time I was there, I was 11 works for the Commerce Group. I don't know that he's 11 back talking to the attorneys because we had rases to 12 their In-house counsel. My impression — this is purely 12 litigate. And most of my work didn't Involve being 13 my Impression, is that Bill's career has not really been 13 Inside an office. Most of my work involved going out 14 as a litigator. I very much got the impression in the 14 and meeting people, either meeting public officials or 15 lawsuit that he represented me in against Gulf Stream, 15 meeting with civil rights groups, or citizens groups, or 16 that this was — he had not done very many lawsuits. 16 student groups. 17 That was the impression I got. It wasn't In any sense 17 MR. DESOUZA: Just confirming we didn't lose 18 of a lack of competence on his side. He just — my 18 sound? 19 Impression was he didn't really use his law license very 19 MR. GOLDSTEIN: No. I'm looking at my notes. 20 much for what he did for work day-today with the 20 MR. DESOUZA: I'm going to say on the record, 21 Commerce Group. I could be completely wrong about that. 21 given that It Is nearly 2:00 o'clock, Mr. Chandler Is 22 That was just the sense that I had. 22 not my witness, so obviously I don't control his 23 Q. At the time he represented — Mr. Ring 23 schedule or anything. But we have been going for a 24 represented you individually, do you know where his 24 few hours now and I don't know what any of these 25 office was? 25 questions have to do with Mr. O'BoyWs slander claim 1 ago A. I assume it was at the Commerce Group. I was not 1 age against your client or the ret