HomeMy Public PortalAboutMartin O'Boyle transcript 1/30/15MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE No.9:1-CV-80317-DMM
IUI\:LY00<i 0 Towaail
Plaintiff,
-vs-
TOWN OF GULF STREAM,
and WILLIAM THRASHER,
Defendants.
DEPOSITION OF MARTIN O'BOYLE
VIDEOTAPED
Friday, January 30, 2015
10:05 a.m. - 4:46 p.m.
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700 West Hillsboro Boulevard
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Deerfield Beach, Florida 33442
Reported By:
Gabrielle Cardarelli, FPR, RPR
Notary Public, State of Florida
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January 30, 2015
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
APPEARANCES:
On behalf of the Defendants:
HUDSON C. GILL, ESQUIRE
JOHNSON, ANSELMO, MURDOCH et al.
2455 East Sunrise Boulevard
Suite 1000
Fort Lauderdale, Florida 33304
Phone: (954) 463-0100
On behalf of the Plaintiff:
GIOVANI MESA, ESQUIRE
THE O'BOYLE LAW FIRM, P.C.
1286 West Newport Center Drive
Deerfield Beach, Florida 33442
Phone: (954) 574-6885
ALSO PRESENT:
GEORGE B. ELLIS (VIDEOGRAPHER)
DOUG STACEY
WILLIAM H. THRASHER
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January 30, 2015
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
WITNESS:
MARTIN O'BOYLE
BY MR. GILL
-t IM} � urv-0 :7
DEFENDANTS' EX. 1
DEFENDANTS' EX. 2
DEFENDANTS' EX. 3
DEFENDANTS' EX. 4
DEFENDANTS' EX. 5
DEFENDANTS' EX. 6
DEFENDANTS' EX. 7
DEFENDANTS' EX. 8
DEFENDANTS' EX. 9
DEFENDANTS' EX. 10
DEFENDANTS' EX. 11
DEFENDANTS' EX. 12
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I N D E X
January 30, 2015
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DIRECT CROSS REDIRECT RECROSS
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E X H I B I T S
DESCRIPTION
PAGE
FIRST AMENDED COMPLAINT
54
LETTER
77
LETTER
82
LETTER
98
LETTER
109
E-MAIL
113
E-MAIL
120
E-MAIL
122
E-MAIL
123
E-MAIL
131
PHOTOGRAPH
151
ANSWERS TO INTERROGATORIES
177
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 4
1 P R O C E E D I N G S
2 - - -
3 Deposition taken before Gabrielle Cardarelli,
4 Registered Professional Reporter and Notary Public in
5 and for the State of Florida at Large, in the above
6 cause.
7
8 VIDEOGRAPHER: We are now on the video record.
9 Today is Friday, the 30th day of January, 2015.
10 The time is 10:06.
11 This is tape number one in the videotape
12 deposition of Martin O'Boyle, in the matter of
13 Martin O'Boyle versus the Town of Gulf Stream. The
14 court reporter is Gabrielle Cardarelli. The
15 videographer is George B. Ellis. Will counsel
16 please announce your appearances for the record.
17 MR. MESA: Giovani Mesa with O'Boyle Law Firm,
18 representing the plaintiff, Marty O'Boyle.
19 MR. GILL: Hudson Gill with the firm of
20 Johnson, Anselmo, on behalf of the Town of Gulf
21 Stream.
22 COURT REPORTER: Please raise your right hand.
23 (Oath administered.)
24 THE WITNESS: I affirm to tell the truth.
25 COURT REPORTER: Thank you.
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 5
2 1 Thereupon,
3
(MARTIN O'BOYLE)
4
having
been first duly sworn or affirmed, was examined
5
and testified as follows:
6
DIRECT EXAMINATION
7
BY MR.
GILL:
8
Q
Good morning.
9
A
Good morning.
10
Q
Will you please state your name for the
11
record?
12
A
Martin O'Boyle.
13
Q
Mr. O'Boyle, as I have just said, my name is
14
Hudson
Gill. We've met before. I represent the Town of
15 Gulf Stream. Have you ever given your deposition
16 before?
17 A I have.
18 Q Approximately how many times?
19 A I would say more than five.
20 Q So you are familiar with the process of how a
21 deposition works?
22 A I am familiar with the process of how those
23 depositions worked.
24 Q Okay. Well, this deposition is a process
25 where I'm going to ask you some questions. You need to
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
6
answer those questions verbally, to the best of your
ability. Shakes of the head and nods don't really come
out well on the record. Sometimes in conversation,
people talk over one another because they anticipate
where the conversation is going. I'd ask that you let
me finish my questions, even if you know what I'm
asking, before you give your answer so it's clear for
the record, and I'll try to do the same for your answer.
If you don't understand my question, please
ask me to rephrase it. I'll do my best. But if you
answer the question, I'm going to assume that you
understood. If you need to take a break for any reason,
please let me know and I'll do my best to accommodate
you. Fair?
A Fair.
Q Mr. O'Boyle, what is your current residential
address?
A 23 North Hidden Harbour, with a U, Drive Gulf
Stream, Florida 33483.
Q Approximately how long have you resided at
that address?
A Thirty-three years.
Q Is that your primary residence?
A Yes.
Q Is that property Homesteaded?
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 7
A Yes.
Q Do you own any other residences?
A No.
Q Do you currently own any property in New
Jersey?
A No.
Q Do you have a home in New Jersey?
A No.
Q Have you ever had a home in New Jersey?
A Yes.
Q When was -- how long ago did you own a home in
New Jersey?
A I'm sorry?
Q How long ago did you own a home in New Jersey?
A Twenty years.
Q Does anyone else reside at the Hidden Harbour
address with you?
A My wife.
Q And what is her name?
A Her name is Sheila.
Q O'Boyle?
A Yes.
Q Do you have any children?
A Yes.
Q How many?
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O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
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1
A
Six.
2
Q
Can you just provide me their names and
3
approximate ages?
4
A
Kathleen, Marty, Junior, Christine, Kelly,
5
Jonathan
and Sara, S -A -R -A. Kelly through Kathleen are
6
40 or over. Jonathan and Sara are in their mid 20s.
7
Q
So you said Kathleen through Kelly are 40,
8
plus?
9
A
Uh-huh.
10
Q
Okay. Do any of your children live in Palm
11
Beach County?
12
A
Yes.
13
Q
Which ones?
14
A
Christine.
15
Q
Since January of 2014, have any of your other
16
children
resided in Palm Beach County?
17
A
No.
18
Q
Briefly describe for me your educational
19
background.
20
A
Eleventh grade.
21
Q
Did you -- did you not graduate from high
22
school,
then?
23
A
No.
24
Q
Did you obtain like a GED or any equivalency?
25
A
Yes.
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 9
1
Q
When did you obtain that?
2
A
1969, thereabouts.
3
Q
Are you currently employed?
4
A
Pardon?
5
Q
Are you currently employed?
6
A
No.
7
Q
Would you classify yourself as retired?
8
A
No.
9
Q
What do you do for a living, then?
10
A
I -- I'm a passive investor.
11
Q
Generally, what are you a passive investor in?
12
A
Real estate.
13
Q
Do you do that personally or through some type
14
of entity?
15
A
I would say through some type of entity.
16
Q
And can you describe that entity for me?
17
A
No.
18
Q
Why not?
19
A
Because there's too many of them.
20
Q
Okay. Can you describe for me in general
21
terms, so
I can understand what you do for a living?
22
A
I'm sorry?
23
Q
Can you describe for me, as best you can, in
24 general terms, what you do for a living so that I can
25 understand what you do?
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 10
A
I'm a
passive real estate investor.
Q
Okay.
In what type of entities?
A
Varying
kinds of entities.
Q
Are you
familiar with something known as the
Commerce Group?
A
Yes.
Q
What
is the Commerce Group?
A
It's
a -- it's a trade name.
Q
Okay.
What does that mean?
A
That
means that we needed to have one name
that we were known
by and we picked the Commerce Group.
Q
Okay.
When you say "we," who are you
referring
to?
A
Me.
Well, I guess me and the partners in the
entities.
Q Okay. Do you have like a position with the
Commerce Group?
A It's a trade name.
Q Okay. Does the Commerce Group have an office?
A It's a trade name.
Q Okay. Do you have an office that you go to
for work?
A I have an office I go to to do that which I
think needs to be done, yes.
Q Okay. What's the address of that office that
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
1 1 you go to for that which needs to be done?
January 30, 2015
11
2
A
Which I think needs to be done. 1280 West
3
Newport
Center Drive, Deerfield Beach, Florida 33442.
4
Q
And when you go there to do what you think
5
needs to
be done, what are you doing?
6
A
That's like saying how long is a rope.
7
Q
Okay.
8
A
I can't answer your question.
9
Q
Why not?
10
A
Because it's so broad, I just can't answer it.
11
Q
See, Mr. O'Boyle, you filed a lawsuit. Do you
12
understand that?
13
A
Yes.
14
Q
And at some point there's going to be a trial
15
in this
lawsuit.
16
A
Uh-huh.
17
Q
And you're going to go before the jury --
18
A
Uh-huh.
19
Q
-- and you're going to explain to them who you
21
A
Uh-huh.
22
Q
Do you
understand that?
23
A
I'm going
to explain to them what my counsel,
24
I guess,
asks me.
But generally stated, yes.
25
Q
Okay.
I'm just trying to understand who you
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O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
12
1
are and what you do.
2
A
I understand.
3
Q
And I feel like you're fencing with me and
4
being deliberately evasive.
5
A
I can't deal with your feelings.
6
Q
So you don't believe you're being evasive?
7
A
No.
8
Q
Are you on any medication right now?
9
A
I'm not going to answer that question.
10
MR. MESA: Objection to form.
11
BY MR. GILL:
12
Q
You're not going to answer the question if
13
you're on
any medication?
14
A
No.
15
Q
Are you on any medication that would affect
16
your ability to answer questions?
17
A
Not that I know of.
18
Q
Is any of that medication prescribed by a
19
psychiatrist or psychologist?
20
A
I'm not going to answer that question.
21
Q
What's the basis for not answering that
22
question?
23
A
I'm not going to answer it.
24
Q
Are you asserting some kind of privilege?
25
A
I think so.
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O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
13
1 Q What's that privilege?
2 A I'm not going to answer that question.
3 Q If the Commerce Group is a trade name, what
4 are the entities associated with it?
5 A Well, I don't think there are any entities
6 associated with it but there are entities which own
7 properties, and I could not give you a list. I don't
8 have a list.
9 Q Okay. Those entities that own properties, do
10 they generally own one property for each entity?
11 A Generally stated, yes.
12 Q Okay. Do you know a person named William
13 1 Ring?
14
A
Yes.
15
Q
Who is William Ring?
16
A
I don't know how to answer
that question.
17
Q
Is he associated with the
work done under the
18
trade name of the Commerce Group?
19
A
No.
20
Q
Has he been associated with your real estate
21
dealings
in the past?
22
A
I don't know what you mean
by associated with
23
my real
estate dealings.
24
Q
Do you know Mr. Ring to be
an attorney?
25
A
Yes. Uh-huh.
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
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1
Q
Have you engaged him as an attorney in the
2
past?
3
A
Yes.
4
Q
Are you currently engaging him as an attorney?
5
A
The firm that he works for I am engaging, yes.
6
Q
What firm is that?
7
A
The O'Boyle Law Firm.
8
Q
Do you know what Mr. Ring did before he went
9
to work for the O'Boyle Law Firm?
10
A
Yes.
11
Q
What do you know him to have done?
12
A
He worked in my office.
13
Q
And when you say your office, what are you
14
referring
to?
15
A
My office.
16
Q
Is that the address you gave me? When you say
17
your office, that's what you mean?
18
A
Yes.
19
Q
What did he do in your office?
20
A
A myriad of things.
21
Q
Okay. Provide me some examples.
22
A
Tax appeals.
23
Q
Tax appeals of what?
24
A
Real estate taxes.
25
Q
Okay. Any other examples?
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O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
15
1
A
Negotiations.
2
Q
Negotiations of what?
3
A
Negotiations of a myriad of items.
4
Q
Can you give me some examples of those
5
negotiations?
6
A
Sure. A dispute with a contractor, a tenant,
7
or a prospective
tenant as the case may be. And they're
8
the only
two I could think of off the top of my head,
9
but he did
more than that.
10
Q
Okay. Before we spoke briefly about the
11
individual
entities that generally own one specific
12
property,
is there a type of property they -- those
13
entities
specialize in?
14
A
I'm sorry?
15
Q
Is there a type of like property they
16
specialize
in, in terms of those entities they own? For
17
example,
do you own all, you know, apartment buildings,
18
all condo
buildings? Is there a commonality?
19
A
Oh, I don't own anything.
20
Q
No. No. The entities that we were discussing
21 1 before
22 A Oh, I see. I would say primarily strip
23 shopping centers.
24 Q And is there any specific geographical
25 locations that they are concentrated in?
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 16
A No.
Q Is it all over the United States?
A Not anymore but it used to be.
Q How long has Bill Ring worked in your office?
A I'm sorry?
Q How long has Mr. Ring worked in your office?
A Between 15 and 20 years.
Q Since Mr. Ring went to the O'Boyle Law Firm,
does he still also perform other functions to your
office, such as the tax appeals and negotiations that
you provided examples of?
MR. MESA: Objection to form.
THE WITNESS: I engaged the firm and the firm,
I guess, has -- Mr. Ring determines his workload.
BY MR. GILL:
Q Does -- do you understand the O'Boyle Law Firm
to handle things such as tax appeals and negotiations of
disputes with tenants?
A I don't think they are or have handled any tax
appeal work. And I don't think they have handled any
negotiations with tenants, unless they were in
litigation.
Q Do you know if Mr. Ring does any work outside
of the O'Boyle Law Firm?
A I don't know.
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O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
17
1 Q Does he do any work in your office outside of
2 the O'Boyle Law Firm?
3 A Well, first of all, I have nothing to do with
4 the O'Boyle Law Firm, so, you're barking up the wrong
5 tree.
6 Q I'm not asking about the O'Boyle Law Firm.
7 I'm asking about if Mr. Ring does anything for -- in
8 your office for you or something you're invested in,
9 outside of the O'Boyle Law Firm.
10 A Well, I think the answer is the same. First
11 of all, he's not in my office. He's in a different
12 office. And what he does inside or outside of the
13 O'Boyle Law Firm is none of my business, and I'm only
14 interested in work that I give the firm.
15 Q Okay. I understand that. My question, it was
16 unartfully drafted and I apologize. I'm just trying to
17 understand if at one point in time, before Mr. Ring
18 joined the O'Boyle Law Firm, you said he worked in your
19 office; is that correct?
20 A Yes.
21 Q Okay. He did certain work for you in your
22 office, correct?
23 A Well, he did certain work, not for me,
24 personally, but he did certain work in our office, yes.
25 Q Right. For some of the entities that we
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 18
1 discussed that own property?
2 A I'm not sure if it was one entity or some
3 entities, but generally stated, he did work for -- he
4 did -- he -- he did work, and that's about the best I
5 can tell you.
6 Q Why is that the best you can tell me?
7 A I don't know what else you want me to tell
8 you.
9 Q Well, Mr. Ring is -- you said he worked for
10 you for 15 -- worked in your office for 15 to 20 years.
11 I'm just trying to get an understanding of what he did
12 for those 15 to 20 years, and if he still does any of
13 that outside of the O'Boyle Law Firm.
14 A I can't answer what he does inside or outside
15 of the O'Boyle Law Firm.
16 Q Have you retained him, still, outside of the
17 O'Boyle Law Firm?
18 A I have never retained him outside of the
19 O'Boyle Law Firm.
20 Q Okay. Have any of the entities that we
21 discussed previously retained him outside of the O'Boyle
22 Law Firm, since he came to work for the O'Boyle Law
23 Firm?
24 A I don't think so.
25 Q Before Mr. Ring went with the O'Boyle Law
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
19
Firm, do you know where his salary came from?
A No.
Q Did you have any control over his salary?
A Probably.
Q You say "probably." Why "probably"?
A Because I don't think his salary was changed
for 10 or 15 years.
Q Could you, though, have changed it?
A Probably. To answer that just so it's clear,
I don't think his salary, as you were referring to it,
was a salary. I think it was a draw loan against
revenue.
Q Loan against revenue from what?
A From certain of the properties that the --
that the entities owned.
Q Would you characterize him as one of your
partners?
A I think that's a legal question, so I don't
think I should answer it.
Q Would you consider him one of your fellow
investors?
A I don't know.
Q Why don't you know the answer to that
question?
A Because I don't.
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
20
1
Q Does he still receive a draw
from any of those
2
investment properties?
3
MR. MESA: Objection to form.
4
THE WITNESS: No. Not that I
-- not that I am
5
aware of.
6
BY MR. GILL:
7
Q Do you know when that ended?
8
A I think when he went to work
for the law firm,
9
but I don't handle that stuff, so.
10
Q Who would be the person that
would have that
11
information?
12
A Either Brenda Russell, Denise
DeMartini or
13
Carla McHutchen (phonetic).
14
Q Did Mr. Ring have a title in
your office?
15
A I think on his business card
it said
16
vice-president.
17
Q What company was listed on his
business card?
18
A Commerce Group.
19
Q Okay. And what about Denise
DeMartini? Did
20
she have a business card from the Commerce Group?
21
A I don't know.
22
Q Okay. What position or role
does she fill
23
that would give her knowledge of Mr. Ring's
draw?
24
A She's -- she's knowledgeable
in pretty much
25
all aspects of the business.
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O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
21
1 Q And when you say "business," are you referring
2 to the trade name the Commerce Group?
3 A Yeah, well -- yeah, the Commerce Group and,
4 yeah.
5 Q How long has she been associated with the
6 trade name the Commerce Group?
7 A Thirty years.
8 Q Is she still associated with the trade name
9 the Commerce Group?
10 A Yes. Just to be clear, when you keep using
11 the term trade name of Commerce Group, Commerce Group is
12 a trade name. She's not associated with it. I'm not
13 associated with it. Bill Ring is not associated with
14 it. It's a trade name, because you don't want to have
15 on your business card a hundred entities. So she does
16 not receive her paycheck from the Commerce Group,
17 because there is no such thing as the Commerce Group.
18 Q Understood. And I'm just trying to have a
19 conversation with you so I can understand this,
20 generally, the best I can.
21 So, based on what you just told me, where does
22 she get her paycheck from?
23 A I don't know.
24 Q You know it's not the Commerce Group, though?
25 A There is no such thing called the Commerce
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs-TOWN OF GULF STREAM 22
Group. It's solely a trade name.
Q Right. But you have business cards with that?
A You have business cards that say Commerce
Group; that's correct.
Q And you have a title there?
A You have a title there. It may say -- I don't
know what it says, because I don't have the business
card.
Q They have a website, correct?
A I don't know.
Q Your picture is on the website, is it not?
A I don't know.
Q Going back to Ms. DeMartini, what would you
describe her role as in your office?
A I would say, generally stated, she's the go -to
person. If you want something done, go to Denise.
Q Can you give me an example of one thing you've
had her do, with respect to the entities operating under
the trade name of the Commerce Group?
A Negotiates with tenants, handles reviews for
employees, handles cash, certainly much more than that,
but.
Q When you said handles reviews of employees,
what employees are you referring to?
A The employees that work in the building that I
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 23
1 1 work
2 Q Okay.
3 A -- that I'm in.
4 Q And that is your office?
5 A My office, yes.
6 Q Okay. How many employees work in your office?
7 A I don't know. I think ten but I don't know.
8 Q Approximately ten, though?
9 A I think ten but I don't know.
10 VIDEOGRAPHER: You don't have to write this:
11 The audio is down. Can you just switch
12 microphones?
13 (Discussion held off the record.)
14 BY MR. GILL:
15 Q Could you control or change Ms. DeMartini's
16 paycheck, the amount?
17 A I'm sorry?
18 Q Do you have the ability to control
19 Ms. DeMartini's paycheck?
20 MR. MESA: Objection to form. You can answer
21 the question to the extent that you can.
22 THE WITNESS: I have to say, yes, that I do,
23 but I never have.
24 BY MR. GILL:
25 Q Could you fire Ms. DeMartini?
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January 30, 2015
24
1
A
I'd be crazy if I did.
2
Q
Understood. But you have the power to do
3
that?
4
A
Yes. It's my house.
5
Q
What do you mean -- what are you referring to
6
when you
say it's your house?
7
A
That business down there is mine.
8
Q
Thank you.
9
And who is Brenda Russell?
10
A
She's a young lady who works at the office.
11
Q
Does she have a title at the office?
12
A
I don't think so.
13
Q
What does she do at the office?
14
A
She's my admin assistant. She handles travel
15
arrangements,
she handles special projects, as does
16
Denise.
17
Q
How long has Brenda Russell been working at
18
your office?
19
A
About 30 years.
20
Q
Understanding that you would probably be crazy
21
to do it,
could you terminate Ms. Russell, if you so
22
choose?
23
A
I'd be really crazy to do it.
24
Q
Do you know a person named Mark Dougan?
25
A
I do.
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 25
Q How do you know Mark Dougan?
A I don't know. I met him years ago and I don't
remember how or why.
Q Does he do any work in your office?
A No.
Q Has he ever done any work in your office?
A Maybe.
Q When you say "maybe," are you -- you just
don't know?
A
I just don't know.
Q
Who would I ask to know if Mark Dougan has
done work
in your office?
A
Your guess is as good as mine.
Q
Well, since it's your house, do you often have
employees
work there that you don't know?
A
He was never an employee. I never suggested
it. And please don't put words in my mouth.
Q
Okay. I -- didn't suggest --
A
Please don't.
Q
Mr. O'Boyle.
A
Please don't.
Q
I didn't put words in your mouth, Mr. O'Boyle.
A
Please don't.
Q
I'm just asking my questions.
A
I answered your question.
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 26
1
Q
Okay. My question was, did you -- do you have
2
employees
you don't know? That was my question.
3
A
Mr. Dougan was never an employee.
4
Q
Okay. So it wasn't "maybe," it was he was
5
never an
employee?
6
A
Why don't we have the young lady read back
7
this little
colloquy, and you'll see the ills of your
8
way.
9
Q
Okay. Explain the ills of my way. Educate --
10
A
Just have her read it back.
11
Q
I'm not going to have her read it back. Just
12
explain to
me what the ills of my way were.
13
A
You're twisting what I say. You're taking
14
words out
of one sentence and putting them in another,
15
and I don't
like it.
16
Q
Okay. Fair enough. I'll try not to take
17
words out
of context, if you'll do your best to answer
18
my questions
in a straightforward manner. Okay?
19
A
Move on, Counselor.
20
Q
So, Mark Dougan has never been your employee,
21
correct?
22
A
I'm not going to answer that question.
23
Q
Okay. What capacity do you know Mark Dougan
24
in?
25
A
I've already answered it but, as a courtesy,
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
27
1 I'll answer it again. I met him years ago and I don't
2 remember under what circumstances.
3 Q You listed him as a witness in your answers to
4 interrogatories. That means you believe he has some
5 kind of relevant information. I'm entitled, then, to
6 ask how you know Mr. Dougan and get to what his relevant
7 information is.
8 A Okay.
9 Q So, that's the basis of my question, just so
10 you're clear why I'm going down this road, Mr. Dougan.
11 I did not just pull his name out of the air.
12 What capacity over the years have you -- have
13 you known Mr. Dougan in? I mean, do you consider him a
14 personal friend, someone you've done some type of
15 business with, someone you've -- you've, I don't know,
16 golfed with?
17 MR. MESA: Objection to form.
18 THE WITNESS: I had lunch with him and his dad
19 one time.
20 MR. GILL: Okay.
21 THE WITNESS: And he was riding in a truck in
22 connection with the political signs, and I think
23 they're the only two times, I think.
24 BY MR. GILL:
25 Q Do you think those are the only two times
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January 30, 2015
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1
you've had contact with him, in total?
2
A
I think.
3
Q
Okay. So you believe there's only two
4
contacts
you've had with Mr. Dougan?
5
MR. MESA: Objection to form.
6
THE WITNESS: I can't think of anymore, as I
7
sit
here. If you know of anymore, I'll certainly
8
confirm or deny.
9
BY MR. GILL:
10
Q
when was the time, approximately, you had
11
lunch with him?
12
A
Three years ago.
13
Q
When was the last time you had any contact
14
with Mr.
Dougan?
15
A
Maybe a year, year and a half ago. No. No.
16
It would
be less than that. I'd say nine months ago.
17
Q
Do you know a person named Doug Stacey?
18
A
I do.
19
Q
And how do you know Doug Stacey?
20
A
I just went to his funeral yesterday.
21
Q
Sorry to hear that.
22
A
I'm joking. That's Doug Stacey, right there.
23
Q
Okay. How do you know Doug Stacey?
24
A
He works for my wife, and when I ask him to do
25
me a favor, he usually does it.
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January 30, 2015
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1
Q
What does he do for your wife?
2
A
I don't know.
3
Q
Does your wife have any kind of business?
4
A
No.
5
Q
What does your wife do?
6
A
You'd have to ask her.
7
Q
How would you characterize what she does?
8
Would you
describe her as a homemaker or would you
9
describe
her as an attorney?
10
A
I would describe her as a homemaker.
11
Q
Okay.
12
A
Although I don't know what it means, but.
13
Q
Okay. Well, is there some word that you would
14
better describe
what she does?
15
A
She does a lot of charity work. Just a
16
wonderful
woman.
17
Q
Does Mr. Stacey assist her with the charity
18
work?
19
A
I have no idea.
20
Q
Does Mr. Stacey work out of your office?
21
A
No.
22
Q
Does he receive any -- a paycheck from any
23
entities
associated with your office?
24
A
Not that I know of.
25
Q
Do you know how Mr. Stacey is compensated?
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January 30, 2015
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1
A
I do not.
2
Q
Who would have that information?
3
A
I assume my wife.
4
Q
Do you know Marret Hanna?
5
A
I do.
6
Q
Who's Marret Hanna?
7
A
She is a lawyer.
8
Q
Do you currently have her retained?
9
A
Not that I know of.
10
Q
Do you know if she does any work with the
11
O'Boyle
Law Firm?
12
A
Not that I know of.
13
Q
When was the last time you had contact with
14
Ms. Hanna?
15
A
I'm going to guess six months or more.
16
Q
Do you know if her husband is Mark Hanna?
17
A
I do.
18
Q
Is that her husband?
19
A
Yes.
20
Q
Do you know if Mark Hanna is associated with
21
the O'Boyle Law Firm in any way?
22
A
Not to my knowledge.
23
Q
Do you currently have Mr. Hanna retained in
24
any current matters?
25
A
Not that I know of.
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January 30, 2015
31
1
Q
Do you know a person named Dr. Mark Brody?
2
A
Yes.
3
Q
How do you know him?
4
A
We had a political sign on his lawn and the
5
Town stole
it.
6
Q
So he's a resident of the Town of Gulf Stream?
7
A
He is.
8
Q
Do you know Thomas and Diane Mulvey?
9
A
Yes.
10
Q
Are they residents of the Town of Gulf Stream?
11
A
They are.
12
Q
Do you ever vacation in New Jersey?
13
A
I go to New Jersey, yes.
14
Q
When you go there, where do you stay?
15
A
My wife's home.
16
Q
What town is that located in?
17
A
Long Port.
18
Q
And do you know how long your wife has owned
19
that property?
20
A
Almost 20 years.
21
Q
Do you know if your wife owns any other
22
residential properties?
23
A
I don't believe she does.
24
Q
Do you ever visit West Virginia?
25
A
Yes.
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 32
Q When you go to West Virginia, where do you
stay?
A Usually 6400 Kowanna Trail (phonetic),
Covington, Virginia.
Q Is that Virginia or West Virginia?
A It's Virginia.
Q And is that a -- what's at 6400 Kowanna?
A Pardon me?
Q What is located at 6400 Kowanna Trail?
A A house. Yeah. A dwelling or bed and
breakfast, whatever you want to call it.
Q Is it -- do you have any ownership interest in
that property?
A No. But I believe I have a partnership
interest in the partnership that owns that property.
Q When you say a bed and breakfast, I mean, is
it something that's held for rent for other persons not
associated with the partnership?
A It is. It was designed and built as a bed and
breakfast, and my wife and I plan on retiring there and
operating it. We have not operated yet, except to
friends and neighbors. I think they call that a dry run
in the restaurant business.
Q What part of Virginia is that?
A It's in Covington, Virginia.
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
33
Q What part of the state?
A I would say southwest.
Q And you ran for town commission in the Town of
Gulf Stream, in the March 11, 2014 election, did you
not?
A
I did.
Q
Who assisted in your campaign?
A
Denise DeMartini.
Q
Anyone else?
A
My wife had a meet and greet.
Q
Anyone else?
A
Substantively, I don't think so.
Q
Did Mr. Stacey assist in your campaign at all?
A
If he did, it would have been in a min --
highly minimal way. He may have went and got a bottle
of water.
Q
What about Mr. Ring?
A
No.
Q
What about the O'Boyle Law Firm?
A
I didn't think they were in existence.
Q
Do you know if attorneys from there
communicated on your behalf, regarding issues of the
political
signs?
A
I'm sorry?
Q
Do you know if attorneys from the O'Boyle Law
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O'BOYLE -vs- TOWN OF GULF STREAM 34
1
Firm communicated on your behalf with the Town,
2
regarding
the political sign issue?
3
A
When?
4
Q
Leading up to the March 11, 2014 election.
5
A
Did you say after or before?
6
Q
Leading up to the March 11, 2014 election.
7
A
By way of timing, I can't -- I can't tell you,
8
but they
have represented me in connection with this
9
matter, yes.
10
Q
During the campaign, did you retain any
11
attorneys
for assistance during the campaign?
12
A
During this campaign, the O'Boyle Law Firm, if
13
they were
in existence, would have represented me.
14
Q
If they weren't in existence, would anyone
15
else have
represented you?
16
A
Probably.
17
Q
Who?
18
A
I don't know. The situation didn't arise. I
19
didn't --
wouldn't think of who should I have hired ten
20
months ago.
21
Q
Well, did Mr. Ring write letters on your
22
behalf, regarding the sign issue with the Town?
23
A
I would say, yes, but I don't know for sure.
24
I would say
yes. I know Mr. Ring was involved at some
25
level.
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O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
35
1
Q
Do you know at all what his level of
2
involvement was?
3
A
Well, I think level -- "level" is a nebulous
4
term.
5
Q
Well, it was your term.
6
A
He was -- he was looking after me.
7
Q
How is it that he came to look after you in
8
the election?
9
A
Pardon?
10
Q
How is it that he came to look after you in
11
the election?
12
A
If he worked for the O'Boyle Law Firm, the
13
O'Boyle
Law Firm would have decided to put Ring on the
14
case, as
Lieutenant Columbo would say.
15
Q
What if he didn't work for the O'Boyle Law
16
Firm at
that time?
17
A
Then somebody else would have done it.
18
Q
Did you ever instruct him to do anything on
19
your behalf,
regarding the election?
20
A
I can't remember whether I asked him,
21
specifically,
whether he had a meeting with members of
22
the firm.
I don't know. But whatever he did by way
23
of -- on
my behalf, I accept responsibility.
24
Q
Did Mark Dougan work on your campaign?
25
A
I would say no.
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 36
Q What about Brenda Russell? Did she work on
your campaign?
A Well, Brenda may have typed a mailer.
Q Any other involvement?
A By Brenda Russell?
Q Yes.
A Oh, I don't -- I don't remember.
Q How about Christopher O'Hare? Did Christopher
O'Hare work on your campaign?
A I don't think I knew Christopher O'Hare at
that time.
Q What about Marret Hanna? Did she work on your
campaign?
A Not that I can recall.
Q How about Jonathan O'Boyle? Did he work on
your campaign?
A Not that I can recall. I think I can help you
out. I think besides my wife having a meet and greet,
it was all Denise DeMartini. And Brenda Russell might
have typed some mailers, and I think that's the end.
Q Did you hire any campaign advisers?
A No.
Q Did you have a campaign budget?
A Nope.
Q Do you know how much you spent on your
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January 30, 2015
37
1 campaign, in total?
2 A Generally stated --
3 Q What do you know, generally?
4 A Well, I mean, I don't have the calculations in
5 1 front of me.
6 Q Oh, you don't have it in front of you, but you
7 do know that? You have that information somewhere?
8 A Generally stated, I can tell you. I mean,
9 generally stated, I can tell you how tall you are, but I
10 don't know for sure.
11 Q Okay. Well, can you generally tell me how
12 much you spent on your campaign?
13 A Between 40 and $50,000.
14 Q During the campaign of the March 11, 2014
15 municipal election, did you utilize different forms of
16 media to communicate with the public?
17 A I'm sorry?
18 Q Did you utilize different forms of media to
19 communicate with the public?
20 A Mailers and signs.
21 Q Did you fly any banners during the election?
22 A I may have.
23 Q Did you use anything like things you place on
24 doorknobs to have people canvass the neighborhood with,
25 anything like that?
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January 30, 2015
38
1
A
Nope.
2
Q
Did you use -- obtain any television time?
3
A
Nope.
4
Q
Radio time?
5
A
Nope.
6
Q
Did you conduct any poling?
7
A
No.
8
Q
How many mailers did you do?
9
A
How many what?
10
Q
How many mailers did you do?
11
A
How many what?
12
Q
Mailers.
13
A
Oh, mailers. I don't know. However many
14
registered voters there were, divided by approximately
15
two.
16
Q
Why do you say divided by approximately two?
17
A
Well, if it's Mr. and Mrs. Schwartz, you don't
18
want to
send two to that house. You send one to Mr. and
19
Mrs. Schwartz.
20
Q
Did you do more than one mailer?
21
A
Pardon?
22
Q
Did you do more than one mailer, meaning --
23
A
Oh, yes. Yes. Yes. Yes.
24
Q
How many times did you send out mailers?
25
A
If I had to guess, ten.
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O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
39
1
Q
Would Ms. DeMartini have that information?
2
A
I assume she would have access to that
3
information.
4
Q
In terms of your total amount spent on the
5
election, the campaign, do you know what amount was
6
spent on mailers, what percentage?
7
A
Nope.
8
Q
With respect to signs, do you know how many
9
signs you purchased?
10
A
You're talking about what kind of signs?
11
Q
Okay. How many different kinds of signs did
12
you purchase?
13
A
Well, we'll call them the little signs, which
14
are the
typical, you know, put in the ground. And then
15
the bigger signs --
16
Q
Okay.
17
A
-- which were, you know, canvas signs on a
18
plywood
backing.
19
Q
Let's focus on the little signs first. Do you
20
know how many total little signs you purchased?
21
A
Yeah. 200.
22
Q
Do you know how much those 200 signs cost, in
23
total?
24
A
About a thousand dollars.
25
Q
And how many bigger signs did you purchase?
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January 30, 2015
40
1
A
I'm guessing, but I would say ten. And then
2
we had
some truck signs, and then we had some signs on a
3
tent.
4
Q
And those truck signs and tent signs are
5
separate and apart from what you're referring to as the
6
bigger
signs?
7
A
Yeah.
8
Q
Do you know how much you spent on the ten
9
bigger
signs?
10
A
No, but if I had to guess, I would probably
11
say 3 to $4,000.
12
Q
Did you maintain receipts and invoices for
13
everything you spent in the campaign?
14
A
I have no idea.
15
Q
How many truck signs did you have?
16
A
I think three.
17
Q
And we'll get to the truck in more detail
18
later,
but was it the same three signs on the truck the
19
whole
time?
20
A
I don't think so.
21
Q
When you said you had three signs -- well, how
22
many total signs, then, did you buy for the truck?
23
A
I don't know.
24
Q
And describe the tent signs for me.
25
A
Pardon?
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 41
Q Describe the tent signs.
A Well, it was one of those tents like you might
see at a gulf course, you know, the four legs and just a
roof, and then there were signs that were hanging down.
Q How many of those signs were there?
A I don't know.
Q All the signs, except the little signs, just
the bigger ones, the truck signs and the tent signs,
were they all different messages?
A The little signs were all the same messages.
The big signs were all different messages.
Q Who came up with the content of the big signs?
A I think I did. Oh, and then, also, I forgot.
We did put a couple of ads in the Coastal Star.
Q Do you know how much you spent on those ads in
the Coastal Star?
A Pardon?
Q Do you know how much you spent on those ads?
A No.
Q Do you know if anyone is responsible for
keeping invoices and receipts from your expenses during
the campaign?
A Well, Denise DeMartini did the -- you have to
file forms. She handled that.
Q Okay. So what was her role in your campaign?
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 42
1 A She was the go -to person.
2 Q Was she the go -to person with respect to
3 campaign strategy?
4 A No. She was the go -to person if you needed
5 signs and you needed them in 24 hours, if you needed big
6 signs and somebody had to canvass and install them, if
7 you needed to file the forms with the election
8 commission, she did that. If you needed to get mailers
9 out quickly, she'd hire temporary help and get the
10 mailers out. Whatever needed to be done, Denise can do
11 it.
12 Q Who was responsible for campaign strategy?
13 A Me.
14 Q Did you consult with anyone regarding campaign
15 strategy?
16 A No. Let me just make it clear. As an
17 example, we had a meet and greet at my house, where I
18 discussed with my wife, if she would be agreeable to
19 doing that. So --
20 Q When was the meet and greet?
21 A It was the night that the current incumbents
22 had a car parked outside my house clicking how many
23 people were there that night.
24 Q Do you know what date that was?
25 A I don't.
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
43
Q Did you have a campaign platform?
A No. I usually stood on the ground.
Q Did you have ideals that you were running
under that you advertised to the public?
A Yes.
Q What were those?
A Fire Mr. Thrasher.
Q Anything else?
A Nothing that I can remember, but lower the
taxes, take the existing code and throw it in the trash
and have a real code.
Q Did you have -- or did you explain to the
public how you intended to lower taxes?
A Yeah. Once -- yeah, I did.
Q And can you explain to me what you told them?
A Well, it's a little hard right now, but I'll
just give you what I can remember. My idea was to get
rid of all of the cost for the records requests. My
idea was to get rid of all of the litigation in order to
do that, to put all of the documentation online. If you
put it online, it would cost you a nickel or a penny,
compared to what it's costing now. So that would save a
bushel and a peck full of money. That's one that I
remember.
25 1 So, your idea to lower taxes was to address
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 44
the public records lawsuits, by making public records
available online? Is that accurate?
A I'm sorry?
Q Is that -- your way to lower taxes was to deal
with the pending public records litigation?
A I -- my -- one of the ways --
Q Right.
A -- was to deal with the public records request
and litigation, whether it be this afternoon or whether
it be in 2019, by putting everything online. And that
way, you could have no more -- you would need less help
inside of City Hall, which would save you money which
would lower the taxes, and you wouldn't have
million -dollar legal fees because the Town likes playing
hide the ball. They couldn't hide the --
Q Were you at that time -- I'm sorry.
A I said, they couldn't hide the ball anymore.
Q Were you, at that time, the plaintiff in
public records lawsuits against the Town?
A I think one.
Q How many plaintiffs have you been -- how many
times have you been plaintiff in public records lawsuits
against the Town?
A Well, in 2013, I think 20, and then the Town
realized the ills of their way and they paid me
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
45
$180,000. And I think this year, I think 12. And
although the Town continually says they want to get
these things to trial, and so forth, not one case, not
one has gone to trial. And they spent hundreds and
hundreds and hundreds and -- over a half million dollars
to avoid going to trial. God bless America.
Q Do you know of anyone else who has public
records lawsuits against the Town in the three years?
A Yeah, Chris O'Hare.
Q Do you know how many Chris O'Hare has?
A More than me.
Q Lawsuits that have been filed?
A Yeah.
Q Other than Mr. O'Hare, do you know anyone else
who has public records lawsuits against the Town?
A I don't.
Q Do you know of any public records lawsuits
against the Town, before you and Mr. O'Hare filed
lawsuits?
A Say that again.
Q Sure. You've lived in the Town since the
'80s, I believe?
A Pardon?
Q You've lived in the Town since the 180s, I
25 1 believe?
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O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
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1 A Yeah. Yeah.
2 Q Up until the time you filed suit against the
3 Town for public records allegations, do you know of any
4 other public records lawsuits against the Town, since
5 you've been a resident?
6 MR. MESA: Objection to form.
7 THE WITNESS: It's a little hard to grasp what
8 you're saying.
9 BY MR. GILL:
10 Q Okay. Before you and Mr. O'Hare filed
11 lawsuits, beginning in, what, 2013 --
12 MR. MESA: Objection to form.
13 THE WITNESS: Yes.
14 MR. GILL: -- do you know of any other public
15 records lawsuits against the Town, since you've
16 been a resident of the Town, other than yours and
17 Mr. O'Hare's?
18 THE WITNESS: Well, first of all, I don't
19 think Mr. O'Hare -- I didn't know Mr. O'Hare in
20 2013, so you have to sort of differentiate us. If
21 you're talking about when I filed suit, in 2013,
22 had I ever done it before then?
�>•■ Z�ula�ef��rF
24 Q No. Are you aware of any other people that
25 have done it before then?
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O'BOYLE -vs- TOWN OF GULF STREAM 47
1 A I don't know anybody in this Town.
2 Q Have you done it before then -- the public
3 records in the Town?
4 A Have I what?
5 Q Did you do any before 2013?
6 A In this town?
7 Q Yeah.
8 A No.
9 MR. GILL: Why don't we take a short break?
10 MR. MESA: Please.
11 MR. GILL: Take a couple minutes.
12 MR. MESA: Thank you.
13 VIDEOGRAPHER: Off the record. The time is
14 11:10.
15 (Thereupon, a recess was taken from 11:10 a.m.
16 to 11:27 a.m.)
17 VIDEOGRAPHER: We are back on the record. The
18 time is 11:27.
19 BY MR. GILL:
20 Q Mr. O'Boyle, before we broke we had been
21 discussing some of, I guess, your platform when you were
22 campaigning. One of the things I believe you mentioned
23 was that one of the ideas was to get rid of the code
24 that existed at the time. Is that accurate?
25 A Yes.
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 48
1 Q Did you have an alternative code that you were
2 proposing?
3 A Yes.
4 Q What was it?
5 A It was, conceptually -- the code in Gulf
6 Stream right now is -- it's ridiculous. They tell you
7 what kind of windows you can have, what kind of roof you
8 can have, what color your front door can have, what kind
9 of plants you can have, what type of driveway you can
10 have. They don't address bidets, though, I should tell
11 you that. But they address just about everything else.
12 And Mr. Thrasher interprets the ordinance, and he
13 doesn't have a clue what he's doing.
14 So -- so there's a great deal of disgruntled
15 people. Rather than try to tell wealthy human beings,
16 who are not 17 years old, but are mature, 40, 50, 60,
17 what color door they need to have, my sense is they
18 know. They know what color door fits them the best.
19 The Town of Gulf Stream says you,
20 Mr. so-and-so, who has 800 employees and been in
21 business for 50 years, you don't know what color front
22 door is best for you. We do. And my thought process
23 was, take that big code and make it a little code and
24 let the people make some decisions for themselves.
25 They're capable, you know. And if you let the people
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
49
make decisions for themselves, you'll come up with a
result. And the result will be the most atrocious
looking town in South Florida, or a very nice town with
happy people. So, that's where I was coming from.
Q Did you have a specific idea in mind with
respect to the sign code?
A I think -- and I don't remember for sure, but
I think what I was talking about is within the four
corners of the individual residential property. As an
example, Mr. O'Hare, you mentioned his name, he's not
had a roof for three years. No roof. No roof for three
years. Why, you ask? He wants to put a metal roof on.
We've all seen metal roofs. They're beautiful. The
Town of Gulf Stream, strictly prohibited, and they're
spending tens if not hundreds of thousands of dollars
fighting him.
Q My question was on the sign code. Did you
have a specific sign code in mind when you proposed
getting rid of the existing code?
A I think -- I think the answer is no. And I
say that because I know what I went through to redo my
house by -- I was voted down by a woman who's on the
commission, whose family sells beer. And of course, we
all know beer is alcohol, and we all know alcohol kills.
So she's making her living by killing people.
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1
Q
My question -- maybe you didn't understand it.
2
Maybe I didn't
phrase it properly. Did you have a
3
specific
alternative for the sign code, the sign aspect
4
of the code?
I understand you've discussed your
5
complaint
with the other part. I'm talking specifically
6
about the
sign code.
7
A
As it applied to the campaign?
8
Q
Well, yeah. We'll start there.
9
A
Okay. As it applied to the campaign, I was
10
focusing
on the front door, the shutters, the roof and
11
so forth.
12
Q
But you did believe that the sign code was
13
unconstitutional
when you ran for town commission?
14
A
Yes.
15
Q
When did you come to that belief?
16
A
I can't answer that question.
17
Q
Why can't you answer it?
18
A
Because I don't remember --
19
Q
Okay.
20
A
-- when.
21
Q
Okay. Was there a specific time or specific
22
event that caused you to believe the Town's sign code
23
was unconstitutional?
24
A
That's really a legal question that I ought to
25
leave to
the lawyers to answer.
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
51
Q I don't think it is. I think what I'm asking
you, and maybe I'm not phrasing it properly, I'm asking
when you came to believe the sign code was
unconstitutional, and if there was some sort of event
that lead you to believe that, that maybe would trigger
your memory as to when you learned that. The --
A When did I think it was unconstitutional?
Q Yes.
A When I read the code.
Q Okay. When was the first time you read the
code?
A In 2013, but I read it in a different context.
In other words, I was pointing to the left, not the
right.
Q When you registered to run for town
commission, did you believe then that the sign code was
unconstitutional?
A I don't remember the timing, but -- but that
was my -- my thought.
Q But it was -- sometime before -- it could have
been the day before, it could have been six years
before, but before you registered to run, you believed
it was unconstitutional; is that correct?
A Before I actually ran, I believed it. Before
I decided to run, I don't know if I --
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January 30, 2015
52
1
Q
Okay.
2
A
I don't know.
3
Q
So, you considered when you actually ran, when
4
you registered, you at that time had formed a belief, in
5
your mind,
that the sign code was unconstitutional?
6
A
Again, it's a legal question that I shouldn't
7
be -- I don't think I really should be answering it.
8
Q
I don't -- I don't believe that's a legal
9
question.
I'm asking when you formed the belief, and,
10
really, whether it just predated a certain event.
11
A
But the belief is -- you're asking me when I
12
believed the sign code was unconstitutional, and when I
13
believed that was after I consulted with counsel.
14
Q
Okay. And I don't want to know what you
15
consulted
with your counsel about, but I'm entitled to
16
know when
you had that consultation.
17
A
I can't tell you.
18
Q
Was it before you ran for town commission?
19
A
It was before election day, yes.
20
Q
Was it before you submitted documents to run
21 1 for town commission?
22 A I can't answer you.
23 Q Why can't you answer me?
24 A Because I don't know the answer.
25 Q Okay. So you don't remember if it was before
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 53
1 you ran for election? Is that what you're telling me?
2 A I'm sorry?
3 Q You don't remember if it was before you
4 registered to run in the election?
5 MR. MESA: Objection to form.
6 THE WITNESS: No.
7 BY MR. GILL:
8 Q No, you don't remember?
9 A No, I don't remember.
10 Q Okay. During the election period, so from the
11 date you ran -- or registered to run, up until the
12 March 11 election, did you have any communications with
13 town employees or town representatives regarding the
14 sign code?
15 A Probably.
16 Q Okay. Do you remember any of those specific
17 conversations?
18 A It would probably have been Mr. Thrasher or
19 Rita Taylor. More likely, Mr. Thrasher.
20 Q Okay. Do you remember how many conversations
21 you had?
22 A I don't.
23 Q Okay. Have you read the first amended
24 complaint in this matter?
25 A If I did, I read it --
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 54
Q Well, do you believe everything contained in
there to be true and accurate, to the best of your
knowledge?
A No, I don't.
Q Okay. Would there be anything that would
refresh your recollection on the number of conversations
you had with employees or representatives of the Town,
regarding the sign code?
A Yes.
Q What?
A I don't know.
Q I'm asking you if there is something.
A I know. But I said, yes, there is something.
Q What is it?
A I said, I don't know.
Q Okay. Well, let's take a look at the first
amended complaint.
MR. GILL: I'm going to mark it as an exhibit
just for --
MR. MESA: Sure.
(Defendants' Exhibit No. 1 was marked for
identification.)
BY MR. GILL:
Q Mr. O'Boyle, take a look at what we've marked
as Exhibit 1.
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
55
1
A
Okay. You don't want me to read it,
do you?
2
Q
Just take a look at it, and then let
me know
3
once you've had an opportunity to look at it.
You don't
4
have to read the whole thing.
5
A
If I'm going to read the whole thing,
why
6
don't we then break for lunch now and then come
back
7
around
3:00 or something.
8
Q
Can you take a look at it? I'm not --
I just
9
said I
don't want you to read it.
10
A
Well, I either got to read it or not
read it.
11
Q
Okay. You can read it.
12
A
Do you want me to read it?
13
Q
Read it. You can stop once you've read
the
14
facts.
15
A
Facts?
16
Q
Yeah. There's a section entitled --
17
A
Tell me where to start and where --
18
Q
Factual background.
19
A
I start there?
20
Q
You can start on page 3.
21
A
Okay.
22
Q
Factual background.
23
A
Okay.
24
Q
So you've had a chance to read the factual
25 1 background section?
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O'BOYLE -vs- TOWN OF GULF STREAM 56
1
A
I did.
2
Q
Is there anything in there that you think is
3
inaccurate?
4
MR. MESA: Sorry. And so we're clear, factual
5
background,
we're referring to page 3 through 14;
6
is
that correct?
7
MR. GILL: Correct.
8
THE WITNESS: I'm on three to five. I stopped
9
at
--
10
MR. GILL: Oh, yeah. You got to -- you got to
11
go
to the whole factual background.
12
THE WITNESS: Okay.
13
MR. GILL: Sorry.
14
MR. STACEY: Can't figure it out.
15
THE WITNESS: We'll get it in a minute.
16
Am I stopping at number 79?
17
BY MR.
GILL:
18
Q
Why don't you go up to 83, and then we can
19
stop there.
20
A
Oh, goody goody gumdrop.
21
Q
I'm sorry?
22
A
Goody goody gumdrop. Okie dokie.
23
Q
Based on your reading, does that appear to be
24
true and
accurate?
25
A
Pardon?
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O'BOYLE -vs- TOWN OF GULF STREAM 57
1
Q
Based on your reading, does that appear to be
2
a true and accurate representation of the facts, as you
3
understand them?
4
A
I would say, generally stated.
5
Q
By my review, it looks like there are
6
basically
three conversations between you and town
7
employees
outlined in the complaint. The first one is
8
at paragraphs 45 and 46. Do you see that?
9
A
Not yet. Forty-five, there's no conversation.
10
Q
It refers to the event, there was a
11
conversation,
does it not?
12
A
No.
13
Q
If you read 46, also.
14
A
Well, if you read 46, that's a different
15
story.
16
Q
Do you remember that conversation?
17
A
But let me read 46.
18
Q
I'm sorry. I said 45 and 46. I didn't make
19
it clear enough.
20
A
Yeah. Yes.
21
Q
Do you recall that conversation?
22
A
I do.
23
Q
And did that refer to campaign signs,
24
generally?
25
A
I think campaign signs only.
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January 30, 2015
58
1
Q
Okay. And if you look at paragraph 64, I
2
believe
it also refers to the conversation between you
3
and Mr.
Thrasher.
4
A
Uh-huh.
5
Q
Do you recall that conversation?
6
A
Yes.
7
Q
Do you know approximately when that
8
conversation
took place?
9
A
Beginning of March, 2014.
10
Q
And who was involved in the conversation?
11
A
Mr. Thrasher and I.
12
Q
Was anyone else there?
13
A
I don't think so.
14
Q
Tell me, as best you can recall, what was said
15
during
the conversation.
16
A
What's in paragraph 64, although, I don't
17
think the
word "elegance" was used.
18
Q
Where did the conversation take place?
19
A
I think Mr. Thrasher's office.
20
Q
How did it come to be that you were in
21
Mr. Thrasher's
office?
22
A
I went into City Hall and I said I wanted to
23 1 see him.
24 Q Okay. And when you went in his office, what
25 did you say?
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January 30, 2015
59
1 A What did I say?
2 Q Yes.
3 A What's on 64?
4 Q Do you recall anything else from the
5 conversation, other than what's in 64?
6 A Well, I mean, generally stated, he -- I mean,
7 what I said, in words, six months later or nine months
8 later, is what gives? What gives with the signs? And
9 he said he doesn't want them.
10 Q I know it's six months, nine months later. I
11 don't want for verbatim but I'm asking, as best you can
12 recall, what was said during that conversation?
13 A Well, there was probably a degree of small
14 talk but, again, generally stated, he said he didn't
15 want the signs and I didn't want to pistol whip him, so
16 I left, and -- he didn't want the signs.
17 Q And all you remember about what you said to
18 him after some small talk, was what gives with the
19 signs?
20 A Yeah. I don't know the sequence of the small
21 talk. I probably called him and said, I want to come in
22 and see you. And I probably told him about the incident
23 and I probably said, what gives? What's going on?
24 Q What incident are you referring to?
25 A Pardon?
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 60
Q You said you probably told him about the
incident. What incident are you referring to?
A The one in 63.
Q Okay. What did you tell him about the
incident?
A Well, again, I don't know that I can tell you
what happened nine months ago, but if I had to guess
what I said -- would have said, I would have said, I got
a call from some of the neighbors. You guys are taking
my signs. What gives?
Q Anything else you recall?
A No. I mean, that was the flavor of the
conversation. The minutia, I don't remember.
Q Okay. Well, I understand that and I certainly
respect that, but I need to know everything you remember
about it.
MR. MESA: Objection to form.
MR. GILL: I just want to make sure I have
everything he remembers.
MR. MESA: You've asked it twice, three times.
THE WITNESS: You have everything I remember.
If, during the course of this deposition, I
remember something else -- and that happens from
time to time -- I'll alert you.
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January 30, 2015
61
1 BY MR. GILL:
2 Q Then I believe there's another conversation
3 referenced in paragraph 82.
4 A Yes.
5 Q Okay. Do you recall that conversation?
6 A I do.
7 Q And do you recall what date that conversation
8 took place on?
9 A I don't.
10 Q If you look at paragraph 80, that may refresh
11 your recollection.
12 A It appears to be on or about March 4th.
13 Q Okay. Tell me, as best you can recall, what
14 occurred during the conversation that is referenced in
15 paragraph 82 of your complaint.
16 A Mr. Thrasher said, I have to look at that
17 truck. It's unpleasant. And these are my words. It's
18 unpleasant. Not supposed to be here. Something should
19 be done about it. That signage is not allowed and,
20 essentially, we're going to do something about it.
21 Q And what did you say?
22 A What I said is, I don't understand the issue.
23 FedEx has signs just like mine and they drive through
24 town all the time without incident, so what's wrong with
25 mine? And he said, yours is a political sign and
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1
political
signs are not permitted.
Commercial signs are
2
permitted.
3
Q
Did you say
anything else
that you recall?
4
A
Again, that
was the theme
of the conversation,
5
the flavor of it. If
I tried -- if
I sat here for an
6 hour, I could probably give you a nickel's worth of
7 minutiae, but it wouldn't change the theme of the
8 flavor.
9 Q Okay. Do you think the minutia had to do with
10 signs or with unrelated matters?
11 A Well, I think the minutiae may have been
12 something about, gee, it had to be yellow, didn't it?
13 That's minutia. And by the way, I think the yellow was
14 irritating.
15 Q Going back to the first conversation that's
16 referenced with -- on page -- paragraph 46.
17 A Yes.
18 Q Do you recall that conversation?
19 A I think I do. I do.
20 Q Okay. Tell me what you recall about that
21 conversation.
22 A That I went to the garage to see if that's
23 where my signs were, and there were several of them
24 there. And there were two gentlemen and I think a
25 police officer, and I was with someone else. And I
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1 1 don't know who it was. And there were a bunch of my
2
signs leaning up against -- if you were facing the
3
garage, there's an open part here.
They're leaning
4
against this wall.
5
And I said, what's this
all about? And they
6
said, we don't know where they came from. I said, I
7
see. I said, do you mind if I go
inside the building
8
and take a walk through? And she
said, go ahead. And I
9
did and there was nothing in there.
10
Q Okay. Do you know what
-- who the two
11
employees were?
12
A They weren't boys, they
were men.
13
Q I said, do you know who
the two employees
14 1 were?
15 A Oh, employees. I'm sorry. Yes. The guy who
16 ran over my foot. I can't think of his name. You
17 deposed him just the other day, one of you guys. Very
18 deep voice.
19 MR. MESA: Brian Detrick (phonetic)?
20 THE WITNESS: Brian Detrick. And then the guy
21 who wears the white hat, and I don't know his name.
22 BY MR. GILL:
23 Q Did you say you thought there might be a
24 police officer there?
25 A Yeah.
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1
Q
What police officer do you believe was there?
2
A
Don't know.
3
Q
Is there anything else you recall saying to
4
the town
employees at that meeting that we're referring
5
to, that
you haven't just told me?
6
A
You're talking about when I went to get the
7
signs?
8
Q
Yes.
9
A
Nothing outside of the theme or the flavor of
10
what I told you, and that is, where's my signs? What
11
are my signs
doing here?
12
Q
And what did they say, as best you can recall?
13
A
I -- I don't know.
14
Q
Do you remember who was talking out of the
15
three people?
16
A
Yes. I think it was the guy -- Brian, the
17
deep voice guy.
18
Q
Yeah, Brian Detrick?
19
A
Brian Detrick, yeah.
20
Q
Do you remember if the other two said
21
anything?
22
A
I don't. And if it was -- if they did, it was
23
just incidental.
24
Q
Did you retrieve your signs at that time?
25
A
I don't know if I did or not. If I had my
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MARTIN O'BOYLE
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January 30, 2015
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1 truck, I probably would have; if I had my car, I
2 probably wouldn't have.
3 Q We've just discussed three conversations
4 you've had during the campaign time, regarding campaign
5 signs with town employees. There are three referenced
6 in the complaint.
7 Right now, do you recall any other
8 conversations of similar flavors you had with town
9 employees, during the campaign leading up to the
10 March 11, 2014 election?
11 A Well, on the election day when we were putting
12 up the signs, the chief said, you're not going to put
13 them up. And he told the people we had working for us
14 there -- they're kids, primarily -- that they were going
15 to be arrested if they put them up. And I told them to
16 put them up.
17 Q Okay. And we'll get to cover election day in
18 more detail later. So that's another conversation.
19 Other than those four, as you sit here right now, do you
20 recall any other conversations you had between yourself
21 and town employees regarding campaign signs?
22 A Well, I know I went to the garage more than
23 1 once.
24 Q Okay.
25 A So -- but I don't remember any -- no --
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January 30, 2015
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2 Q Okay.
3 A And I know I sat down with Mr. Thrasher, with
4 Denise DeMartini, and we talked about the signs. And I
5 don't remember a lot about that, but he asked if we were
6 recording the call. I remember that.
7 Q Okay. We'll talk about both of those. Let's
8 go back to the -- you said you went to the garage more
9 than once to retrieve your signs. Were there town
10 employees in the garage when you went to retrieve your
11 signs?
12 A I would say once or twice. I get up very
13 early in the morning and they don't know whether they're
14 alive yet, so I'm usually there before they find that
16
Q
Okay. Did you speak to
them when you were
17
doing this?
18
A
When they were there?
19
Q
Yes.
20
A
I would, yeah, speak to
them, joke around with
21
them, you
know, spend a minute or
two with them.
22
Q
Did you specifically --
oh, I'm sorry. I
23
didn't mean to cut you off.
24
A
I'd keep it light, yes.
25
Q
Okay. Did you specifically discuss the signs
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1 in any of these subsequent times that you went into the
2 garage?
3 A Well, that was the onlv purpose that I went
4 1 there.
5 Q To retrieve your signs. I understand that.
6 But did you say to them, how did these get there? Why
7 do you got my signs? Anything of that nature?
8 A Well, I may have walked in and said, boy, it
9 looks like the sign fairy was here last night.
10 Q And was it the same to employees that were at
11 the previous conversation we talked about, Mr. Detrick
12 and that gentleman that wears the hat?
13 A Yes.
14 Q Okay. Was there anyone else ever in the
15 garage when you went there?
16 A There was a police officer the very first
17 time.
18
Q
Okay.
Other than that time, was there ever
19
anyone
else in
there?
20
A
I've
never seen anyone else in there.
21
Q
Okay.
And then the other conversation you
22 1 recalled was with Ms. DeMartini and Mr. Thrasher,
23 correct?
24 A Yes.
25 Q Was that a phone conversation?
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1
A
No.
2
Q
Okay. Where did that conversation take place?
3
A
Mr. Thrasher's office.
4
Q
Okay. Do you recall approximately when that
5
conversation took place, you know, if you can maybe peg
6
it to another event?
7
A
Very close to election day.
8
Q
Do you recall what time of day that meeting
9
took place?
10
A
Pardon?
11
Q
Do you recall what time of day the meeting
12
took place?
13
A
I'm guessing, but I think it actually took
14
place on
election day, early in the morning.
15
Q
Okay.
16
A
But I can't say that for sure.
17
Q
So, it's either early in the morning on
18
election
day or maybe very close to it?
19
A
Yeah.
20
Q
The day -- okay.
21
How did the meeting come about?
22
A
The signs that we were going to put up, we
23
wanted to tell Mr. Thrasher what we were going to do.
24
Q
And the signs you're referring to are the
25
election
day signs?
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1 A Yes.
2 Q So -- and I don't want to put words in your
3 mouth, but you were going to advise him of what you were
4 going to do on election day?
5 A What we were going to do on election day,
6 yeah. It may have been the day before, the more I think
7 about it, but yeah.
8 Q Okay. Other than what you were planning to do
9 on election day, did you discuss anything else?
10 A I think the conversation, the theme, the color
11 of it, was about the signs and the election. And he
12 didn't want the signs and, you know, the election was
13 coming.
14 Q When you say "signs," are you still just
15 referring to the signs you were planning to put up on
16 election day?
17 A I think -- no. I think, generally, the broad
18 spectrum.
19
Q
Okay. What, generally, did you
speak about
20
about all
the signs, as
best you can recall?
I know
21
it's been
some time.
22
A
I don't think
I can recall. But
I think the
23
theme was,
this is what
we're going to do.
We're going
24
to put signs
up tonight
along the roads.
We're going to
25
have signs
tomorrow. I'm
going to park my
truck over
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MARTIN O'BOYLE January 30, 2015
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there. By the way, he pulled a cute move on that.
Q
We'll get to election day. Don't worry.
A
Good. Get to that cute move, too.
Q
Was there anything else in the conversation?
I didn't mean to cut you off, Mr. O'Boyle.
A
That's quite all right. Generally, yes.
Q
That's generally the substance of the
conversation?
A
Yeah. Yeah, the theme.
Q
Okay.
A
The flavor, yes.
Q
Okay. What do you recall Mr. Thrasher saying
to you?
A
That -- he didn't want the signs. I mean, I
don't remember how he said it, or -- but he not want the
signs.
Q
Okay. Now we've sort of discussed, I guess,
six types
of conversations, five specific and one
general.
You went to receive your signs several times.
Do you recall any other communications, conversations
you had with town employees during the campaign
regarding
campaign signs?
A
No, but I'm sure there were.
Q
Okay. Why do you say that?
A
Because it just seems to me that there were.
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MARTIN O'BOYLE January 30, 2015
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I think I had one with the chief, but I can't tell you
for sure that I did. And I think I probably had one
with Ms. Taylor. As a matter of fact, I know I had one
with Ms. Taylor.
Q Okay. What do you recall about your
conversation with Ms. Taylor?
A I parked -- there's a -- they mark, with
paint, how far the hundred foot that you can't put
political stuff.
Q For election day, correct?
A For election day, yeah.
Q Okay.
A So I parked outside of that hundred foot. And
then this guy Brian came in, he said -- he remeasured it
and it's -- it's less than a hundred foot. And I said,
but it's already been measured. It's officially marked.
You know, why would you remeasure it? And he just
wouldn't answer me.
And then Mr. Thrasher came out. And then the
way they remeasured it was nonsensical in my view. They
remeasured -- they remeasured as a crow flies, as
opposed to how to get there.
And so they said, see, it's less than a
hundred foot. You got to get rid of your truck. So I
said, I'm not doing it. And then they called the lady
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 72
from the board of elections, Balcher (phonetic) or
Boocher (phonetic), if I remember her name right, and
somebody told me she was a constitutional officer and if
she tells me to move it, I better move it. So I moved
it.
Q And that conversation took place on election
day, correct?
A No. Well, part of the conversation -- when it
was originally put -- marked, painted, and I parked
there, I spoke to Rita about it and she said I was fine.
And then the next day, election day, all of a sudden it
wasn't fine and, of course, based on Mr. Thrasher's
testimony, I can see why, now.
Q Your conversation with Rita the day before,
did you discuss anything in that conversation, other
than the placement of your truck?
A The color of her hair.
Q Anything other than the placement of your
truck related to signage?
A I can't think -- I don't think so.
Q And you mentioned that you may have had a
conversation with Chief Ward that you don't really
recall the details of? Is that a fair statement?
A What about it?
Q You think you had another conversation with
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MARTIN O'BOYLE
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January 30, 2015
73
Chief Ward; is that correct?
A Yeah. Not -- I don't want to say that I did,
because I think I did and I -- if what I'm thinking is
correct, it was not a pleasant conversation.
Q Okay. Would that conversation have happened
on election day?
A Well, that -- not that one, but there was a
conversation on election day.
Q We talked about that already, didn't we?
A I don't think so, but okay.
Q Okay. I mean, I have it down here that you
had a conversation with Chief Ward on election day. And
then I thought there was another one that you had with
Chief Ward that you couldn't remember the details of.
A That, I think, was the one that I think I was
just talking about a minute ago.
Q Right.
A But there was a conversation with Chief Ward
on election day.
Q Okay.
A And that, I remember the details of.
Q Okay. So you believe you had two
conversations, though, about signage with Chief Ward?
A I believe -- I know I had one and I think I
had a second.
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74
1
Q
Okay. And the one you know you had was on
2
election
day?
3
A
Yes, sir.
4
Q
Okay. I have that in my notes. I think we
5
talked
about it. The one that you may have had, do you
6
recall
-- tell me what you think you recall about it, I
7
guess,
just so I have an understanding.
8
A
I think the chief -- well, I remember he
9
called
Chris O'Hare a psychopath, which I did not like
10
at all.
And he said to me something like -- and again,
11
I'm not
even sure this conversation took place. I think
12
it did
-- your signs have to -- have to come down. The
13
signs are
going to come down or else we're going to take
14
action.
And if you ask me, plain and simple, I think
15
he's a
thug.
16
Q
Is that -- are you giving me your opinion now,
17
or are
you saying what was in the conversation?
18
A
I didn't call him a thug.
19
Q
Okay.
20
A
But if I see him, next time I will.
21
Q
Okay. That -- I'm trying to just focus on
22
what the conversation was that you recall. Do you
23
recall
when this happened, that the chief would have
24
allegedly called Chris O'Hare a psychopath?
25
A
I want to say it was right before the
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January 30, 2015
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1 election. I'm going to say within two weeks of the --
2 Q Okay. Did you discuss signage really during
3 that conversation, as much as you recall?
4 A We discussed it. I think that was the theme
5 of the conversation, because I remember we went in, and
6 I don't remember who was with me, but somebody else went
7 in and we were talking. Chris O'Hare pulled up with his
8 truck and the chief called him Marty Junior. And he
9 said he was a psychopath. And this must have been more
10 than a couple weeks before the election, because I said
11 I -- maybe not.
12 Anyway, he said the signs shouldn't be there
13 and we're going to remove them.
14 Q And what did you say to him, as much as you
15 can recall?
16 A I said, probably, knowing me, I would have
17 said, awe, come on, Chief. You're not really going to
18 remove them, are you?
19 Q Is there anything else you recall from the
20 1 conversation?
21 A No. I think the theme and the flavor is --
22 I've given to you.
23 Q Okay. And I appreciate you working with me on
24 this. I know it's been a long time.
25 Now that we've talked about these
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MARTIN O'BOYLE
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January 30, 2015
76
conversations, is there anything else, any other
conversations with town employees regarding signs that
we haven't discussed yet?
A Probably.
Q Okay. Do you specifically remember any of
them?
A None of them.
Q Okay.
A But if I do remember them during the course of
this deposition, I'm going to let you know first.
Q I have no doubt you will not.
A I will. I will.
MR. GILL: How much time do we have left on
the tape? Okay. Why don't we just break now,
because I'm going to switch subjects. We can get a
little lunch, he can fix the tape and we can get
back at it.
VIDEOGRAPHER: Off the record. The time is
12:14.
(Thereupon, a luncheon recess was taken from
12:14 p.m. to 1:16 p.m.)
VIDEOGRAPHER: We are back on the record. The
time is 1:16 p.m.
MR. GILL: Will you please mark that as the
next exhibit.
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1
A
(Defendants' Exhibit No. 2 was marked for
2
identification.)
21
Q
3
BY MR.
GILL:
22
4
Q
Mr. O'Boyle, take a
moment to review that.
5
A
Okay.
you know
6
Q
Have you seen that
document before?
7
A
Yes.
Q
8
Q
What is it?
9
A
It is a letter -- or,
I'm sorry -- an e-mail
10
to Rita
Taylor, correcting a
-- a de minimus -- what
11
I'll call
-- or for lack of a
better way of saying it,
12
in the
election applications.
13
Q
And is that the day
you filed your documents
14
to begin
your campaign?
15
A
I don't know.
16
Q
What documents were
you filing?
17
A
Pardon?
18
Q
What documents were
you filing in reference to
19 1 this e-mail?
20
A
DS-DE9.
21
Q
Do
you know
what that was?
22
A
No.
23
Q
Do
you know
what it pertained to?
24
A
No.
25
Q
Do
you know
what this e-mail pertained to?
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78
1
A
Yeah.
2
Q
What?
3
A
DS-DE9.
4
Q
So you have no idea what that document is?
5
A
Nope.
6
Q
Do you know what Exhibit A is?
7
A
You're talking about the attachment?
8
Q
Yes.
9
A
Well, it's an election form that was signed by
10
me and dated by me and corrected by me.
11
Q
What was the purpose of providing that
12
document
to the Town?
13
A
I have no idea.
14
Q
What was your purpose in providing it to the
15
Town?
16
A
They required it.
17
Q
What do they require it for?
18
A
I don't know.
19
Q
What was your goal in providing this document,
20
that you
call required, to the Town?
21
A
What was that again?
22
Q
What was your goal? What were you trying to
23
do by giving this document to the Town?
24
A
To get to run for a commission seat.
25
Q
Is this the first day you provided documents
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MARTIN O'BOYLE
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to the Town to begin your run for a campaign seat?
A No. Just like I said before now, not that I
know of.
Q Did you provide documents before this?
A I don't know.
Q Okay.
A But let me just try to answer. My
recollection is, and I may be wrong, that we provided
all of the documents at one time.
Q Okay. Did your wife provide the documents,
initially?
A No. I think I did.
Q In the second, I guess, to last paragraph,
that says, "Rita, my wife, advises --" what was your
wife advising you?
A Whatever it says: "That as to document number
one above, that you weren't willing to allow me to make
the correction."
Q How is it that your wife had that information?
A Rita probably told her.
Q How is it your -- that Rita was telling your
wife, if you know?
A Because I think they get along pretty good.
Q Okay. Well, do you know if Rita called her on
the telephone?
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 80
A Oh, I have no idea how they communicated. My
sense is my wife went there, but I don't know.
Q Was she delivering the documents?
A I don't know.
Q The last sentence of that same paragraph says,
"although we disagree with the rigidity," which you
enclose without any date, what was the rigidity
regarding the date?
A Well, I inserted 2013. It was in January and,
you know, people do that all the time. They put the
year before. I inserted 2013, and Rita said it was
incorrect and I changed it to 2014, by writing over it.
And she said that wasn't good enough, and I thought that
was kind of nonsensical.
Q Wasn't that what you did in the one you
submitted, you wrote over it?
A Yeah, that's what I said. Yeah.
Q Oh, so you just submitted the same form back
to her, even though she told you you couldn't just write
over it?
A Yeah. I don't know that she told me that you
couldn't write over it, but I submitted the same form
back with the dates corrected, and it did not suit her
fancy.
Q Ultimately, the Town accepted your election
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1
documents, correct?
2
A Not this one.
3
Q This one was also rejected?
4
A This one was rejected, yes.
5
Q Okay. Did you ultimately correct the
6
situation and resubmit the documents?
7
A I resubmitted those documents that needed
to
8
be submitted to put us, A, in a position where we were
9
in compliance with the law and, B, a position where
we
10
were in compliance with the Soviet -- I mean, Gulf
11
Stream.
12
Q Who is Kelly Humky (phonetic)?
13
A She works for me.
14
Q What does she do?
15
A An assistant.
16
Q How long has she worked for you?
17
A About a year.
18
Q So about a year from this date or about a
year
19
from today's date -- the date in the e-mail?
20
A Well, it can't be a year from this date.
That
21
would be awful hard to do.
22
Q A year and two days from this date, I guess it
23
would be.
24
A But that would be not from this date. If
she
25 1 worked a year from this date, then we would be in the
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1 1 next year.
January 30, 2015
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2
Q
A year back. It would be one day before this
3
letter.
4
A
She worked about a year from that date, yeah.
5
Q
Okay.
6
MR. GILL: This is the next exhibit, please.
7
Then
you can just hand it to the witness. Thanks.
8
(Defendants' Exhibit No. 3 was marked for
9
identification.)
10
BY MR. GILL:
11
Q
Please take a moment to review that,
12
Mr. O'Boyle.
13
A
Pardon?
14
Q
Please take a moment to review that,
15
Mr. O'Boyle.
16
A
Yes. Okay.
17
Q
Have you seen that before?
18
A
Pardon?
19
Q
Have you seen that before?
20
A
I'm going to say, yes. I don't recall it, but
21
I'm going
to say, yes. It has my signature on it and it
22
has the candidate petitions, which are a condition
23
precedent
to running for election.
24
Q
Can you just explain to me, as you understand
25 1 it, what the candidate petitions are?
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1 A The candidate's what?
2 Q Can you just explain to me, as you understand
3 it, what the candidate petitions are?
4 A Yeah. I think they're like a nomination.
5 Q So, as you understand it, all of these people
6 that are listed here signed a petition for you to run?
7 A Yes.
8 Q Okay. Is this February 3rd letter a follow-up
9 to your January 29th e-mail, that was marked as the
10 other exhibit?
11 A I don't know. You'd have to look at the
12 March 9th letter to find that out.
13 Q Oh, there's another letter coming up?
14 A No. But until I see the February 3rd letter,
15 how am I going to answer the question?
16 Q You have the February 3rd letter.
17 A Where is it? Oh, this -- oh, this letter.
18 I'm sorry. I was looking at yours. It looked
19 different.
20 Q Well, that's because it's the Exhibit 2. I'm
21 not playing tricks on you, Mr. O'Boyle. I just want to
22 ask you questions about these documents.
23 A I've been dealing with Gulf Stream for a while
24 and that's not the way they operate.
25 Q You've been dealing with attorneys for a long
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1 time, I know, so I know you know the drill. I just want
2 to ask you questions about these documents.
3 Was February 3rd, which is Exhibit 3, a
4 follow-up to Exhibit 2?
5 A There's no way I can answer that. I will say
6 that they are all in the same arena.
7 Q My question was -- I guess you mentioned that
8 eventually you resubmitted and got all the documents
9 corrected. I don't know if the February 3rd letter was
10 that letter that got them all corrected.
11 A Oh, no. The 3rd letter is one document, I
12 think. No, actually it's more. The answer is I don't
13 know. And plus, this, you can't read it.
14 Q You have a bad copy.
15 A Yeah. That's for sure.
16 MR. GILL: Is your copy better or the same?
17 MR. MESA: Let me see. I think it's a bit
18 better.
19 MR. GILL: I just marked on mine. We can
20 use --
21 MR. MESA: But I marked this one.
22 MR. GILL: Can we just change out the exhibit
23 sticker so that we have a clean copy for
24 Mr. O'Boyle?
25 MR. MESA: I've marked this one, as well.
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1
MR. GILL: I'll just use mine. Can we put
a
2
sticker over this? Does anyone object to that,
in
3
resubmitting that as Exhibit 3, so there's no
21
4
confusion?
signed it.
5
MR. MESA: No objection.
remember what
6
MR. GILL: Okay.
like.
7
THE WITNESS: Your question was is this
24
8
February 3rd letter a follow-up?
9
BY MR. GILL:
10
Q Well, it was more directed at -- I believe
we
11
were discussing the e-mail, and you said you need to
12
resubmit the documents and get it corrected. I'm just
13
asking if the February 3rd letter is the letter that
got
14
it corrected, in terms of getting your election
15
documents filed?
16
A I can't tell you that.
17
Q Okay. Who prepared these documents, being
the
18 1 February 3rd
19
A I probably dictated
the February
3rd. The --
20
the nominations, if you will,
in paragraph
one, they
21
would have been prepared by the
person who
signed it.
22
And the others, I don't even
remember what
they look
23
like.
24
Q How soon after the
-- after January 29, 2014,
25 I did you or people associated with your campaign, begin
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January 30, 2015
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2
A
You said the real campaign?
3
Q
Little campaign signs.
4
A
Oh, the little ones.
5
Q
You know what I'm referring to, the little
6
campaign signs.
7
A
Yeah. We discussed them before. Yeah. Yeah.
8
If I had to guess, I would say the first part of
9
February.
10
Q
Okay. And how did you and your campaign go
11
about placing those campaign signs around the Town of
12
Gulf Stream, in the first part of February?
13
A
We dropped them from a spaceship.
14
Q
That's your answer?
15
A
No. We put them in their -- they're meant to
16
be put in
the ground. They have a horizontal step, and
17
then they
have vertical pieces. You step on the
18 horizontal step and the vertical pieces go in the
19 ground.
20 Q Did you personally go around putting the signs
21 up?
22 A Yes.
23 Q Did anyone assist you with that?
24 A Yes.
25 Q Okay. Focusing on the first part of February,
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1 2014 -- well, let me ask it this way: Did you go out
2 multiple times during the campaign and put out your
3 campaign signs, the little campaign signs?
4 A Multiple times.
5 Q Okay. Every day, did you go out and put up
6 signs?
7
A
Pretty close.
8
Q
Okay. Focusing on the first part of the
9
campaign, in February of 2014, the first time you went
10
out, did
anyone assist you in putting them up?
11
A
The answer is yes, but I don't remember who.
12
Q
Okay. Throughout your campaign, who were the
13
people
that helped you put out campaign signs, the
14
little
campaign signs?
15
A
Well, Doug Stacey. I forgot. Doug Stacey,
16
who was
here earlier, he -- he was very helpful.
17
Myself,
Chris O'Hare, and there were other people. I
18
don't know how to say it, a process -- who helped.
19
Q
Did they help in terms of actually going out
20 into other areas, other than their own property, and
21 putting them up?
22
A
Yes.
23
Q
Who are
those people?
24
A
I don't
remember for sure who, but there was a
25
guy named
Gus. I
think Tom and you mentioned their
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1 names earlier.
2 Q The Mulveys, I believe.
3 A Yeah, Mulvey. Uh-huh. I think Slominski.
4 There was another guy, an Italian guy who lived on a
5 corner lot, and then there's a guy named Bernard
6 Mulleneu (phonetic), or something like that. And then
7 I'm sure there were a few --
8 Q And these were people who actually helped put
9 them around town, not just on their property?
10 A I would say some of them did, yes.
11 Q Okay. Do you remember which ones were the
12 ones who helped you around town, as opposed to just
13 putting them up on their property?
14 A No. First of all, it wouldn't have been
15 around town, it would have been all in the Place Au
16 Soleil. It probably would have been a handful.
17 Q Is Place Au Soleil the only place you put out
18 campaign signs?
19 A No.
20 Q Did you -- I believe you testified before,
21 correct me if I'm wrong, that you purchased a total of
22 200 little campaign signs?
23 A Yeah.
24 Q That's the total you purchased for the entire
25 campaign?
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1 A Yeah.
2 Q Did you put them all out on the first day?
3 A No. No. No. We -- we put -- we bought a
4 hundred. And after the first hundred were taken by the
5 Town, we bought another hundred, and then 70 more were
6 taken. So we ended up with 30.
7 MR. MESA: I'm sorry. To make sure we're
8 talking about campaign signs, we're talking about
9 the little, small signs?
10 THE WITNESS: Yeah. Yeah.
11 BY MR. GILL:
12 Q Yeah. And from now on, if I refer to the
13 little campaign signs, you understand that I'm referring
14 to this yellow one that's sticking in the ground, fair
15 enough?
16 A Fair enough.
17 Q How did you determine when you were going to
18 place the little campaign signs when you began putting
19 them out, in the first part of February, 2014?
20 A It felt like the right time.
21 Q Maybe -- on that location, how did you
22 determine what location to put them?
23 A Well, when I went over to process, or whatever
24 it's called, Place Au Soleil, I was introduced to a lot
25 of the homeowners. And when they heard that someone
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O'BOYLE -vs- TOWN OF GULF STREAM 90
there was running and that if I was successful, that I'd
dump Mr. Thrasher, they all wanted my signs on their
lawns.
And then on, what I'm going to call the core
of Gulf Stream, which is down where the Gulf Stream
School is and so forth, we had very limited, if any,
signs because that's civic association country and, of
course, they run the town.
Q In Place Au Soleil, did you personally place
signs in the middle of the roadway, being in the median
area that's in between the two roadways?
A The answer is I don't think so, however -- and
the reason I don't think so is because I was driving.
However, if I wasn't driving, I certainly would have
placed them there.
Q Did people you were with, did you actually
visibly, physically see them put signs in that middle
area?
A I did.
Q You didn't?
A Yeah, I did.
Q Oh, okay. I'm sorry. I mean, you instructed
them to put signs anywhere they could, basically?
A No, that's not true.
MR. MESA: Objection.
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1
MR. GILL: I take that back. I will --
2
THE WITNESS: You should take that back.
3
MR. GILL: -- withdraw that question.
4
BY MR. GILL:
5
Q
What did you instruct them to do in terms of
6
how to place
signs around that area?
7
A
What area?
6
Q
Place Au Soleil.
9
A
We were knocking on doors.
10
Q
Okay. In terms of signs placed in between the
11
roadway,
how did you -- how did they get placed there?
12
A
What's between a roadway mean?
13
Q
In parts of Place Au Soleil there is a median
14
in between the roadway, as opposed to the road being two
15
ways that
are connected, without any grass area in the
16
middle.
17
A
That's not true.
18
Q
That's not true?
19
A
No.
20
Q
Okay. Isn't there an island when you drive
21
into Place
Au Soleil?
22
A
There's an island when you drive in, and then
23 1 it ends.
24 Q Okay. Did you place signs in that area?
25 A Yes.
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1
Q
Okay. How did signs come to be placed there?
2
A
Whoever was with me placed them there.
3
Q
Okay.
4
A
And what I said was, if that other person was
5
driving,
I would have placed them there.
6
Q
Right. Did you give any specific instructions
7
to where
to place signs when people weren't with you
8
putting
up signs?
9
A
I don't understand your question.
10
Q
Okay. You said some people put up signs
11
without
you being present.
12
A
I didn't say that.
13
Q
Okay. People -- the only times signs were put
14
up is when
you were there?
15
A
I believe that's correct.
16
Q
Okay.
17
A
Or -- or the neighbor said, John isn't home
18
right now.
Leave me an extra sign. I'm sure he's going
19
to want
one on his lawn.
20
Q
Okay. In terms of distance from the roadway,
21
did you
have any mechanism for determining, or idea
22
where you wanted to place them, in proximity of the
23
roadway?
24
A
Yes.
25
Q
What was your mechanism or your desire, I
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1 guess?
2 A We wanted to place them a million miles from
3 the roadway.
4 Q A million miles? Were you able to accomplish
5 that?
6 A I'm joking. We wanted to place them on the
7 individual property owner's property. Now, despite all
8 of the testimony about the right of ways and all that
9 other stuff, honest, not one of them knows what they're
10 doing. And what they say is from outer space.
11 There's really only two ways to determine:
12 One way is by way of a survey. And depending upon the
13 date of that survey, it could change. So that's why, as
14 an example, if you go get a mortgage on your house and
15 you say, well, I got a survey right here, they say,
16 yeah, well, it's more than six months old. Because they
17 know it could change, much like the person enforcing the
18 right of way versus the property -- private property
19 should know. Same thing.
20 Now, the real way to know is when you buy your
21 house, or when you buy your house, or when you buy your
22 house, the surveyor comes out and they put stakes in,
23 either metal, concrete or wood. And they're usually
24 metal. They're usually metal pipes. But sometimes they
25 do wooden stakes. I don't know if there's a difference,
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1 price differential or whatever, and sometimes it's just
2 plain concrete monuments that may have already been
3 there, and they take that as the point being.
4 So, if I were going to put -- strike that.
5 If you were going to put a -- one of my signs
6 on your home, I would be virtually certain that you knew
7 where your property line was. It's the biggest
8 investment that people make in their life, for the most
9 part. They're very proud of their ownership, and they
10 know where their property is because that's what they
11 bought. That's theirs. That's one of the few things in
12 life -- there's two things that is real, gold and
13 1 property.
14 So, they usually know where their property is.
15 So if a property owner installs my sign at this
16 location, I am assuming that that property owner knows,
17 better than anybody in the world, where that property
18 owner's property line is. That's what I assume.
19 Q Okay. So you base the location on the
20 placement of signs on where the property owner said
21 their property line was?
22 A On where the property owner knows their
23 property line is.
24 Q Here's my question: You place the signs based
25 on where the property owner said their property line
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1 was; is that correct or incorrect?
January 30, 2015
95
2
A
No. You're incorrect. First of all, I didn't
3
place the signs.
4
Q
Okay.
5
A
Secondly, I gave the signs to them, the
6
property
owner, and the property owner placed the sign
7
on where
they knew the property line was. It's their
8
property.
I mean, do you know where the key lock is to
9
your house?
The same thing.
10
Q
You are assuming, though, are you not,
11
Mr. O'Boyle,
that those people are correct in where
12
their property line is?
13
A
I am assuming that they are correct within,
14
perhaps,
a couple of inches. Yeah, I'm -- I'm -- I'm
15
assuming
-- unless, of course, they have markers. If
16
they have
markers, then I don't even think they're a
17
couple of
inches off. But otherwise, it's their
18
property.
It's the biggest investment they've made in
19
their life,
and they know where the four corners of that
20
property
is better than me, you, him, her, anybody.
21
Q
Did any property owners you went to have
22 1 markers up?
23 A I didn't look for markers. I just relied on
24 the property owners, which is -- I've been buying real
25 estate, young man, for almost 50 years. And I got a
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MARTIN O'BOYLE
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pretty good idea how you figure out where the property
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January 30, 2015
96
Q Did whoever was with you put signs out in
areas that you knew, though, were not associated with a
specific home?
A No.
Q Did you deliberately place signs in the right
of way?
A I can't say that because I don't know where
the right of way was.
Q Okay. Did you ever instruct whoever you were
with, or do it yourself, place them as close to the
roadway as possible?
A No. I didn't place any signs in the -- in
Place Au Soleil or whatever it's called. On residential
properties. I can go through the mantra again --
Q Continue, and then I'll --
A -- and that is, when people buy property,
that's the biggest investment they usually make in their
life, and they know where that property is. Right now,
when you leave here, you know where you parked your car.
They know where their property is and it's much more
expensive than your car.
I didn't get involved in criticizing them, or
in cross examining them, or in challenging them as to
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1 where their property line was. They know. I know where
2 my property line is, and I bought my property in 1976.
3 So I know where it is. My property up in New Jersey, I
4 bought in 1977. My wife's property, I should say. And
5 I know where that property line is. And our property
6 line in West Virginia, I know where that property line
7 is. And our property line in New York, I know where
8 that property line is.
9 So, that's the way I see it. That's almost 50
10 years of experience. And if you think you know better
11 than me, God bless you.
12 Q My question was a little different.
13 A Okay.
14 Q I understand what you did with respect to you
15 providing signs to homeowners to place near their homes.
16 I was asking about whether you placed any other signs,
17 either you or anyone that was with you, in places you
18 knew weren't part of a property owner's home.
19 A That's not what you asked me, but that's fine.
20 I can answer it.
21 The only signs that I know of that we placed,
22 were the signs that I answered you about six or seven
23 times so far. And that is when you come in, you call it
24 a center something, I think. And I said I was driving
25 and that's why I didn't put them up, but had the other
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1 person been driving, I would have certainly put them up.
2 Q What about other parts of the town, not Place
3 Au Soleil? Did you or whoever you were with place signs
4 up on areas you knew were not private property? I'm
5 talking about the little campaign signs.
6 A Right. And the answer is, yes, we placed --
7 we placed -- we placed them on City Hall because we had
8 a letter from Mr. Thrasher authorizing it, and we placed
9 them on AlA. And other than that, I don't think so.
10 Q At some point in time, you learn that some of
11 your signs had been removed?
12 A Yeah. A lot of them.
13 Q When was the first time you learned of that?
14 A I can't give you a day.
15 Q Was it before or after you received the first
16 letter from the Town?
17 A Let me see. The first letter.
18 Q Okay.
19 MR. GILL: Please mark that as the next
20 exhibit.
21 (Defendants' Exhibit No. 4 was marked for
22 identification.)
23 THE WITNESS: I don't think this is -- this
24 attachment is correct to this letter.
OF
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1 1 BY MR. GILL:
January 30, 2015
99
2
Q
Okay. But you've reviewed the exhibit?
3
A
Pardon?
4
Q
You've reviewed the exhibit?
5
A
Yeah, but it's hard to -- it's hard to review
6
it without having all of it. So, I've reviewed what you
7
gave me.
8
Q
Okay. Have you seen that exhibit before?
9
A
I don't recall it, but my instinct is I've
10
seen it before.
11
Q
Do you recall getting this letter?
12
A
I do not recall getting this letter, but I do
13
not deny
getting this letter.
14
Q
Okay. Do you believe that you were -- you
15
learned that
some of your signs had been missing before
16
or after
you received this letter?
17
A
There's no way I can tell from this letter.
18
Q
Well, I'm not just asking from the letter, I'm
19
asking from your memory and the letter.
20
A
Okay. There's no way I can tell from my
21
memory or
the letter.
22
Q
Okay. You also said that you don't think that
23
this is all
of the exhibit or the correct exhibit? Is
24
that what
you said?
25
A
That's what I said, yes.
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Q What do you believe is incorrect about it?
A If you read the last sentence of the last
paragraph --
Q Okay. So it doesn't have Section 66-446?
A ASD.
Q Is there anything else you think is missing
from this letter?
A The truth, no. I don't know.
Q How did you first learn that some of your
signs had been removed?
A They weren't there.
Q You inspected them yourself?
A Probably, or else some one called me. I don't
remember.
Q Okay. Upon the first time learning that some
of your signs had been removed, what did you do?
A I have to know what the first time was.
Q Well, only you know that, Mr. O'Boyle, so I'm
relying on you to provide me with what you remember.
A Right. And I don't remember.
Q Okay. So you are unable to provide me any
information about what you did the first time you
learned that some of your signs had been missing?
A I'd have to know when they were missing and
under what circumstances.
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1
Q
Do you have any -- are you aware of any
2
documents
that would help refresh your recollection on
3
that?
4
A
No. No. Now, if you asked me about Place Au
5
Soleil,
I could answer you easily.
6
Q
Okay. I will do that, but is there some --
7
were your
signs missing from somewhere else in the town
8
that you
don't remember?
9
A
No, no. They were missing -- you didn't ask
10
me that.
You asked me when.
11
Q
Yes. And then I asked you, since you couldn't
12
remember
when, what your response to it was when you
13
learned
that some of your signs had been missing. And
14
you said
you couldn't remember that, either.
15
A
I can't remember that.
16
Q
Okay. Apparently, though, you can remember
17
with respect to Place Au Soleil, when your signs were --
18
when the
first time you learned that they had been
19
removed was?
20
A
Pardon?
21
Q
You can remember with respect to Place Au
22
Soleil, when you learned for the first time those signs
23
had been
removed?
24
MR. MESA: Objection to form.
25
THE WITNESS: Yes.
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1
BY MR. GILL:
2
Q
When was that?
3
A
I don't know what day it was.
4
Q
Okay. How did you learn that?
5
A
How did I learn it?
6
Q
Yes.
7
A
Oh, the neighbors were calling me left and
8
right.
9
Q
Do you remember which neighbors?
10
A
Ed Slominski, this guy Gus, Bernard Mulleneu,
11
Chris O'Hare. That's all I can think of right now. And
12
Dr. Brody.
13
Q
Okay. What did they tell you?
14
A
The signs were missing. That the police came
15
around with a pickup truck and they just started
16
throwing
all the signs in the truck.
17
Q
Did you at that time, or I guess at any time,
18
ever see
anyone from the Town removing your signs?
19
A
I'm sorry?
20
Q
Did you ever see -- actually see anyone from
21
the Town
removing your signs?
22
A
No. I read the police report that shows --
23
that tells
--
24
Q
Okay. I'm not denying that, but my question,
25
though,
Mr. O'Boyle, is a little more specific. Did you
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103
1 1 ever see anyone from the Town removing your signs?
2
A
No.
I was having lunch that afternoon.
3
Q
Okay.
Well, I believe it happened more than
4
once, did
it not?
signs. And then to see them at the town
5
A
Yeah,
but I was probably having lunch the next
6
afternoon,
too.
some of your signs had been missing?
7
Q
Okay.
But you never saw it with your own
8 1 eyes?
9
A
No. I never saw it with my own eyes. I take
10
the word
of Sergeant Hathaway (phonetic), when he writes
11
that Mr.
Thrasher authorized him to take down my
12
political
signs. And then to see them at the town
13
garage.
They didn't get there by walking.
14
Q
Okay. What did you do once you learned that
15
some of your signs had been missing?
16
A
I picked them up and put as many of them up as
17
I could.
Many of the owners -- or, I'm sorry -- many of
18
the -- yeah,
the property owners wouldn't let me put
19
them back
up because they were scared of reprisal.
20
Q
Did someone tell you that?
21
A
Oh, yeah, many of them.
22
Q
Who told you that?
23
A
This guy Gus told me that, Slominski told me
24
that, Mulleneu
told me that. I don't remember. I don't
25
remember
who else, but they were -- they knew how
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 104
Mr. Thrasher acted and they knew that they were going to
be subject to reprisal in one form or another.
Q Where did you put the rest of the signs back
up?
A Where?
Q Yes.
A We put them along AlA. We put them in front
of City Hall. We put them in the annex part of Gulf
Stream, which is north of City Hall along AIA.
Q Did you go retrieve your signs the first time,
the same day you were informed that they had been
removed?
A Probably not. But I don't know.
Q Why do you say probably not?
A Because you want to interview the people first
to find out what happened.
Q Okay. Did you go interview them?
A Yes.
Q Did you go to their homes to interview them?
A Yes.
Q Did you take any statements when you did that?
A You mean did I ask them to sign affidavits,
sworn statements, agreements {}to wits and all that
other stuff? The answer is, no, I didn't. I had a
face-to-face conversation. They're nice people. I
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
105
believe them. I take their word and I don't have to
have what you would require.
Q Did you record your conversations in any way
with them?
A Probably not.
Q You recorded some activity during the
campaign, did you not?
A Yes.
Q Did you record throughout the whole campaign
time when you were putting out signs?
A Did I what?
Q Did you record from the moment you began
putting out campaign signs to the rest of the campaign
signs while you were out? Did you continue to record
the whole time?
A No. I snore.
Q While you were out in the field putting up the
signs, did you record that?
A What would you record?
Q Well, I've seen the videos, Mr. O'Boyle.
They've been produced in discovery. You often recorded
you and whoever you were with out putting up signs,
moving signs around. I'm just asking if you recorded
from the first time you began putting up signs up until
the election?
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 106
A No, I don't think so but -- I don't think so.
Q Why were you recording those events?
A Probably, we knew that the Town of Gulf Stream
and Mr. Thrasher was a thug, and what we wanted to do
was to try -- any recording that I ever do is solely to
protect myself.
Q Why are you recording right now?
A Because I want to.
Q Is that to protect yourself?
A Yeah.
Q From what?
A You.
Q What do you think I'm going to do during this
deposition?
A I don't know, but I know that if I record it,
I'm not going to worry about it.
Q Did you count how many signs you retrieved
from the town garage the first time?
A I think it was 46 or 48, but don't bet the
final on it.
Q Is that based on -- well, my question is, did
you count them? Did you personally count them?
A I don't remember whether I personally counted
them, but whoever I had with me, they know how to count.
Q And so you had them count the signs?
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107
1
A
I didn't say that.
the person you were
2
Q
Okay. My question is, did you or
the person
3
you were
with actually physically count the
signs, to
4
know how
many were retrieved the first time?
Q
5
A
I believe so.
24
6
Q
And you said it was 48 or 46?
testified that
7
A
I think that's right.
the signs. Did you
8
Q
Okay.
9
A
I may be wrong but that's just my
10
recollection.
11
Q
Did you ever count how many signs
remained
12
throughout
Place Au Soleil, when you went to
pick up the
13
signs the
first time?
14
A
I don't know. I want to say, yes,
because we
15
were very
interested in how many the Town stole.
16
Q
Do you know what the number is?
17
A
I'm not sure that we know the number and if we
18 know the number, I can't sit here and tell you that
19 number.
20
Q
Did you or
the person you were
with take any
21
notes when they were
doing the counting?
22
A
No.
23
Q
In response
to the first time
you learned that
24
some of
your signs had
been removed, you
testified that
25
you went
to retrieve
the signs. Did you
do anything
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1 else in response to that?
2
A
I don't know what that means.
3
Q
Did you speak to anyone from the Town?
4
A
No. No. I don't recall.
5
Q
You said you've seen the police reports,
6
incident
reports that were created regarding a sign
7
removal?
8
A
I think so.
9
Q
Do you have any reason to doubt the dates that
10
are on there?
11
A
I think it was like March 3rd and fourth. I
12
don't remember for sure.
13
Q
Okay. That wasn't my question. My question
14
was, do you believe the dates in the police reports are
15
inaccurate?
16
MR. MESA: Objection to form.
17
THE WITNESS: No. I think that the dates in
18
the
police reports are deficient.
19
BY MR. GILL:
20
Q
Okay. How so?
21
A
Because I think the Town of Gulf Stream stole
22 my signs every chance they got, and it was more than
23 two.
24 Q Okay. What is that belief based on?
25 A Because I bought 200 signs and 170 of them
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1 1 were stolen
January 30, 2015
109
2 Q Okay. But you've never seen anyone from the
3 Town of Gulf Stream actually take any one of your signs,
4 have you?
5 A No. And -- no, because I think they were
6 taken while I was at work. I do work for a living, you
7 know, and -- or whether I was asleep. And I do sleep.
8 MR. GILL: I'll mark this as the next exhibit.
9 MR. MESA: Thank you.
10 MR. GILL: You're welcome.
11 (Defendants' Exhibit No. 5 was marked for
12 identification.)
13 THE WITNESS: Okay. I've read it.
14 BY MR. GILL:
15
Q
Have you seen that before?
16
A
I have.
17
Q
How did you receive
that letter?
18
A
I don't remember.
It says
"hand delivery,"
19
so.
20
Q
You don't recall
receiving
it?
21
A
Pardon?
22
Q
You don't recall
receiving
it, though?
23
A
That's not -- no.
I didn't
say that. You
24
asked me
do I remember how
I received
it.
25
Q
And I believe --
I can read
it back, but I
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
110
believe you initially said, I don't remember. It says
"hand delivery."
A Well, that's what it says, "hand delivery,"
but I don't remember it.
Q Okay. Do you recall how many days before this
letter was issued that your truck was for the first time
parked on -- by City Hall?
A No.
Q Do you recall when you first parked your truck
on City Hall?
A No.
Q Do you recall approximately how many days
after you registered to run in the election, you first
parked your truck on City Hall?
A No.
Q You're not disputing that that was a truck
under your control, that was parked at City Hall with
the signs on it?
A No. Nor was I disputing that FedEx delivered
a package to my home that afternoon.
Q And you're not disputing that those were your
campaign signs that were posted around town, do you?
MR. MESA: Objection.
THE WITNESS: I don't know what that means.
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1 1 BY MR. GILL:
2
Q
You're not taking a position that those
3
campaign
signs, that said O'Boyle on them, were not your
4
campaign
signs, are you?
5
A
You're talking about the little yellow ones?
6
Q
The little yellow ones.
7
A
Okay. No. They were my -- they were my
8
campaign
signs, or I should say -- yeah.
9
Q
Are you aware if the Town, or any one of its
10
representatives,
ever went to your home to advise you to
11
remove your campaign signs?
12
A
I know the police came to my home two or three
13
signs --
signs -- two or three times, with an envelope.
14
One, they
wanted my wife to sign it and she refused.
15
Two, they
wanted Doug to sign it and he refused. And
16
then I answered
the door and they wanted me to sign it,
17
and I refused.
18
Q
Why did you refuse to sign it?
19
A
Because why should I?
20
Q
Do you know about how many times before
21
delivering a document they came to your house?
22
A
I'm not sure I understand your question.
23
Q
Have you heard that Sergeant Garell (phonetic)
24 went to your house and spoke with your wife about the
25 campaign signs?
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 112
A I just told you that one of the officers came
and spoke to my wife and wanted her to sign something.
What they spoke about, I don't have any idea.
Q Did you ask your wife what they spoke about?
A Nope.
Q So you don't know what any of the
communications were between your wife and any of the
police from the Town of Gulf Stream?
A No. I think they had a letter and I think
they sent a fax to my office, and then I think they
tried to hand deliver it. When my wife told me that
they hand delivered it, I just waved my hand like --
like that.
Q Okay. Did you -- did your wife ever tell you
about any other time that the police came to your home
to speak with you, and ended up getting her, to talk
about campaign signs?
A Never.
MR. GILL: We'll mark this as the next
exhibit.
MR. MESA: Do you have an extra copy, by
chance?
MR. GILL:
MR. MESA:
ESQUIRE
Oh, I'm sorry
Thank you.
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
113
(Defendants' Exhibit No. 6 was marked for
identification.)
THE WITNESS: Okay.
BY MR. GILL:
Q Have you seen that before?
A I don't recall seeing it, but I probably did.
Q Do you -- is that an e-mail that you sent to
Rita?
A It
sure
looks
that
way.
Do
Q Do
you
know of
any
reason
to dispute that it's
accurate?
A
Do
I have
any reason what?
Q
To
dispute
its accuracy?
A
I
have no
reason to dispute its accuracy.
Q
But
do you
recall sending this e-mail?
A
No.
Q
In
reading
it, do you understand what it's in
reference to?
A No. Well, I shouldn't say that. It's
referenced to going to the movies.
Q And then the next sentence says, "to make it
easy on you, why don't you e-mail or fax the letter to
me." Do you know what letter they're talking about?
A She's probably sending me a proposal for
25 marriage.
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January 30, 2015
114
1
Q
I would assume so. That's the answer you're
2
going to
stick with?
3
A
I'm joking.
4
Q
Do you know what letter your e-mail was
5
referring
to here?
6
A
No.
7
Q
How many times did you go to the town garage
8
area to
retrieve your signs?
9
A
If I had to guess, I would say four of which
10
at one
point, they were thrown in the dumpster.
11
Q
Which dumpster?
12
A
The town -- the dumpster at the town garage.
13
Q
Did you see anyone throw them in the dumpster?
14
A
No. No. I was at the movies.
15
Q
Which time -- I mean, first, second, third,
16
fourth
-- did you see them in the dumpster?
17
A
Not the first. If I had to guess, I would
18
guess the
third.
19
Q
That area you're referring to where the signs
20
were is
open to the public, is it not?
21
A
It is.
22
Q
We discussed how you received phone calls from
23
people
in Place Au Soleil, saying that the signs had
24
been removed.
25
A
Yes.
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115
1
Q
Do you recall that?
2
A
Yes.
3
Q
Did that happen on one day, initially?
4
MR. MESA: Objection, form.
5
THE WITNESS: It happened on one day
6
initially,
but then it happened on subsequent days,
7
subsequently.
8
BY MR.
GILL:
9
Q
Okay. How many days after the first day you
10
got the
phone calls was the second time you got phone
11
calls from
people, saying the signs had been removed?
12
A
Probably, my guess, it's a guess, three days.
13
Q
And who called you the second time?
14
A
Well, I think what I gave you was the calls
15
that I
recall.
16
Q
For the whole time before?
17
A
Yeah. They were the only ones that I recall.
18
Q
Okay. And as best you can recall, on the
19
second
time, what did people tell you when they called?
20
A
What was that?
21
Q
As best you can recall, what did people tell
22
you when
they called you the second time?
23
A
It wouldn't be the same person, it would be a
24
different
person. And they would have told me the same
25
thing,
that they -- that the person who called the first
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 116
time called.
Q Which was what?
A Your signs are gone. The City came, the
police and this white truck, and they came and they
pulled the signs and they took it and they went down the
street. And they had no right to do it. And send us --
can you get us over another sign, or get us over five
signs. We're going to go to our neighbors, whatever the
case is.
Q Do you know if Doug Stacey ever saw any town
employee ever remove your signs?
A If he saw any what?
Q Town employee remove your signs.
A I can't answer you.
Q The question is, do you know?
A And the answer is, I can't answer you.
Q Why can you not answer that question?
A Because I can't answer that. I don't know the
answer.
Q You don't know if you know?
A Oh, I -- I don't know if I -- no. No, I
don't.
Q Has Doug Stacey ever told you that he saw any
town employee ever remove any of your signs?
A If he did, I don't recall it.
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117
1
Q
Okay. Did Bill Ring ever tell you he saw any
2
town employee
remove your signs?
3
A
Bill Ring wasn't even there.
4
Q
Okay. So the answer is no?
5
A
Yeah.
6
Q
Okay. Did Denise DeMartini ever tell you that
7
she saw
any town employee remove your signs?
8
A
Yes.
9
Q
Okay. What did she tell you?
10
A
I don't remember, exactly, but we had,
11
election
day, several signs. I think we had small ones
12
and larger
ones, and the police, Chief Ward's swat team,
13
came over
and ripped the signs out.
14
They dragged me with their truck, and I'm very
15
thankful
that I didn't break a leg or I'm not in a
16
wheelchair.
But Denise can pretty much tell you
17
everything that happened on that day.
18
Q
Did she tell you that she ever saw any town
19
employee
remove your signs before election day?
20
A
She was -- I don't think she was here
21
before --
maybe she was here the day before. She lives
22
in South
Carolina.
23
Q
Okay. I understand that. But my question is
24
just did
she ever tell you that she saw any town
25
employee
remove political signs of yours before election
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January 30, 2015
118
1 day, meaning from the day you filed your documents up
2 until --
3
A
No. She may have, but I don't recall. I
4
don't recall. She may have said, I was driving down to
5
get a coffee this morning and I saw that white truck
6
take signs. She may have said that. Or I saw the
7
police take signs. She may have said that.
8
Q
Did she say that?
9
A
How would I know? I said I don't know.
10
Q
Do you remember her saying that to you?
11
A
I do not remember her saying it, nor could I
12
say that
I -- that -- that she didn't say it.
13
Q
Is she going to come in here and testify to
14
that?
15
A
I have no idea. You ask her.
16
Q
Did Jonathan O'Boyle ever tell you that he saw
17
any town
employee ever remove your political signs,
18
meaning before election day?
19
A
I don't recall whether Jonathan -- whether
20
Jonathan
saw anyone before election day.
21
Q
Did Jonathan O'Boyle ever go out with you when
22
you were
putting up campaign signs?
23
A
Jonathan O'Boyle went out with me when we went
24
to Chris
O'Hare's house, and Chris O'Hare grabbed a
25
bunch of
signs and said, let's go see Slominski. Let's
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119
1 go see so and so, let's go see -- John was with us.
2 Q Was he with you just one of those days or more
3 than one day?
4 A I remember that day.
5 Q Okay. And on that day you're referring to,
6 did you actually, yourself, Jonathan, whoever else you
7 were with, put the signs in the ground, or did you just
8 provide them to the homeowners to put in the ground?
9 A We already went through this but I'll do it
10 again. When you own a home, it's your biggest
11 investment, for the most part. So you know where the
12 property lines of the home are. So, for me to try to
13 guess where the property line is and where the right of
14 way is, would just be a foolish thing to do.
15 So we would give the people the signs and they
16 would install them where they learned after 10, 20, 30,
17 years where their property line was. Now, I can tell
18 you, I've been doing this for a very, very long time,
19 and that's the way to do it.
20 Q So, the answer to my question is yes?
21 A What was your question?
22 MR. GILL: Can you read back the question,
23 please?
24 COURT REPORTER: Sure.
25
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1 (A portion of the record read by reporter.)
2 THE WITNESS: For the most part, we provided
3 them solely to the homeowner to put in the ground.
4 If Mrs. Krenshaw (phonetic) was there and she was
5 90 -pounds, we may have said, where's your property
6 line, and installed it. I don't recall that
7 happening, but that's a possibility.
8 BY MR. GILL:
9 Q We discussed before how you did have the
10 person who was with you place some signs in the entrance
11 area to Place Au Soleil?
12 MR. MESA: Objection, form.
13 THE WITNESS: We -- we spoke about signs being
14 in the entrance area. That's fine.
16 Q Was Jonathan O'Boyle with you that day?
17 A No.
18 Q Okay.
19 MR. GILL: Mark this as the next exhibit.
20 (Defendants' Exhibit No. 7 was marked for
21 identification.)
22 MR. MESA: Thank you.
23 MR. GILL: Please take a moment to review
24 that.
25 THE WITNESS: Okay.
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121
2
Q
Have you seen that before?
3
A
I don't recall it but it looks like mine.
4
Q
What does this appear to be to you?
5
A
An e-mail.
6
Q
And did you write a portion of this e-mail?
7
A
I think I wrote it all, except for the second
8
e-mail.
9
Q
And this appears to be an authentic copy of
10
that e-mail?
11
A
I think it is that e-mail but, yeah, whatever.
12
Q
Are you disputing the authenticity of this
13
e-mail?
14
A
I am not disputing the authenticity of this
15
e-mail,
however, I can't say that this is a true and
16
correct
e-mail, because it could have been manipulated,
17
but I don't think so.
18
Q
You read it over, did you not?
19
A
Pardon?
20
Q
You just read it over, correct?
21
A
I just what?
22
Q
You just read the e-mail?
23
A
Yes.
24
Q
And with respect to the part you wrote, does
25 1 that appear to be something you would have written and
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MARTIN O'BOYLE
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A Generally stated, it looks like something I
would have written. The answer is, yes, however, as we
all know, when something is sent electric --
electrically -- electronically, it can be altered,
although, I don't think this was altered.
MR. GILL: I'd like to mark the next exhibit,
please.
(Defendants' Exhibit No. 8 was marked for
identification.)
THE WITNESS: Goody goody gumdrop. okay.
BY MR. GILL:
Q
Have you seen
this
before?
A
I don't recall
it,
but it looks like it came
Q Is there anything about the content that makes
you question whether this is an e-mail you wrote?
A No.
Q But you don't remember sending it?
A Pardon?
Q You do not recall sending it?
A No.
Q Do you know if you ever sent this to anyone at
the City?
A Well, if I don't recall sending it -- let me
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MARTIN O'BOYLE January 30, 2015
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just think about that for a second. I guess I don't
recall sending it to anyone at the City.
MR. GILL: Why don't we take a couple minute
break.
MR. MESA: Sure.
VIDEOGRAPHER: Going off the record. The time
is 2:24.
(Thereupon, a recess was taken from 2:24 p.m.
to 2:39 p.m.)
VIDEOGRAPHER: We are back on the record. The
time is 2:39.
MR. GILL: Please mark this as the next
exhibit.
(Defendants' Exhibit No. 9 was marked for
identification.)
MR. MESA: Thank you.
MR. THRASHER: Do you want me to get that for
you?
COURT REPORTER: Oh, no. I'm closer. Thank
you.
MR. GILL: What number are we up to?
COURT REPORTER: Nine.
THE WITNESS: Okay.
BY MR. GILL:
Q Have you seen that before?
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MARTIN O'BOYLE January 30, 2015
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A I believe I did.
Q And what does this appear to be?
A An e-mail.
Q And is the last e-mail on there one you wrote?
A Pardon?
Q Is the last e-mail in that chain an e-mail you
wrote?
A Sure looks like it.
Q And who did you send that to?
A Bill Thrasher.
Q Do you keep -- well, do you know of anyone who
maintains copies of all e-mails you send and receive on
your MOBoyle@commerce-group.com e-mail address?
A No. The only one that would have them would
be me.
Q Okay. Do you keep copies of all e-mails sent
and received at your MOBoyle@commerce-group.com address?
A Probably not.
Q Do you have any sort of practice used in
determining whether you keep and receive e-mails from
your MOBoyle e-mail address?
A No.
Q I'm sorry?
A No.
Q Did you keep copies of all e-mails you sent to
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1 anyone from the Town of Gulf Stream from that e-mail
2 address, regarding signs?
3 MR. MESA: Objection to form.
4 THE WITNESS: My sense is that we do, but I
5 don't know that we do.
6 BY MR. GILL:
7 Q Did you provide all those e-mails that you did
8 keep, to your attorney for production?
9 A I don't know what my attorney produced.
10 Q Okay. Other than this e-mail that is -- the
11 third one on this chain, do you remember sending any
12 other e-mails to Mr. Thrasher regarding signs, during
13 the March 11, 2014 election?
14 A I don't -- I don't remember, no.
15 Q Do you -- do you often e-mail Mr. Thrasher?
16 A Depends what the subject matter is. If it's a
17 subject matter that requires a discussion that goes back
18 and forth, it would create a lot of e-mails.
19 Q Okay. Let me ask you this: In the last six
20 months, do you think you e-mailed Mr. Thrasher?
21 A Pardon?
22 Q In the last six months, do you think you, from
23 MOBoyle@commerce-group.com has e-mailed Mr. Thrasher?
24 A I think the answer is yes. Uh-huh.
25 Q Do you remember how many times you e-mailed
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MARTIN O'BOYLE
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January 30, 2015
126
A Not many.
Q Do you know the general subject matter of
these e-mails?
A Public records.
Q Okay. Were there any, other than public
records?
A Not that I could think of, but that's as I'm
sitting here today.
Q Sure. And that's all you can give,
Mr. O'Boyle, is what you can remember as you sit here
today.
How about this last year? Do you remember,
other than this e-mail, sending any e-mails to
Mr. Thrasher regarding anything that wasn't a public
records request?
A Yeah. I think I sent some communications
regarding signs.
Q Okay. When did you send those communications?
A Like, you said within the last year. Within
the last year.
Q Okay. Were they during the election?
A I mean, I'm assuming that -- that there were
some during the election, but I can't remember.
Q Do you remember the general subject matter of
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2
A
Signs.
3
Q
What about signs?
4
A
Just signs. Comments regarding signs, I
5
assume.
6
Q
Okay. As best you can recall, what were the
7
comments,
or the general flavor is, I think you used
8
before,
of the comments regarding the signs?
9
A
That you don't have the right to do what
10
you're
doing.
11
Q
Okay. Anything else you can recall?
12
A
No. I think that's a hell of an umbrella.
13
Q
Well, if I understand what you're saying -- I
14
could be
wrong, so please correct me -- the general
15
flavor
of those e-mails was you don't have the right to
16
remove
"O'Boyle For Commission" signs, correct?
17
A
I'm sorry. Can you say that again?
18
Q
The general flavor was, you, Town, don't have
19
the right
to remove my campaign signs?
20
A
Yes.
21
Q
Would there be anything else under that
22 1 umbrella?
23
A
I don't know, but I
think that's probably the
24
thrust of
the communications.
But you know, I'm sitting
25
here and
I'm guessing.
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MARTIN O'BOYLE January 30, 2015
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Q So, you don't recall?
A No, I don't.
Q What are the documents that you took out?
A Oh, they're just e-mails -- I know we're
getting ready -- I know you're running out of gas, and I
was looking here to see what I have to do. And I have
to call Dr. Brown. I have to speak to my assistant,
Kathleen, regarding yoga. I have to speak to a tenant
in Clarksville, Tennessee. I have to speak to a girl
named Kelly regarding leasing in Tennessee, and I have
to speak to a lender. Would you like to know more?
Q Yeah. What are the other documents?
A This here says, "Dougan, why witness?"
Because you told me he was on the witness list. And
Stacey and I was just making those notes. Then it says,
"Bill, Kelly, courthouse," Mark something appointment,
"OPRA's lunch."
Q What are those notes from? I mean, are those
your notes?
A
Sure.
Q
Are they
from
today?
A
No.
Q
Are they
from
this week?
A
No. This
was
June 6th.
Q
Okay. Do
you
have one of the exhibits? Just
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January 30, 2015
129
2
So, what are the documents under the exhibit
3
that's
in front of you?
4
A
Oh, this. This is the Sweetapple Bill. You'd
5
be real
interested. When you find out how cheap you're
6
working
compared to what these guys are billing for --
7
do you
want to see it?
8
Q
I believe you.
9
A
Here, take a look at it.
10
Q
I don't need to see it.
11
A
Take a look at it. It's worth -- it's really
12
worth while.
13
Q
I know -- I know what it says.
14
A
No. No. It's worth while. Here.
15
Q
I know what it says. Please, I appreciate it,
16
Mr. O'Boyle.
17
A
It's like having lemon meringue pie.
18
Q
Let's keep going through the documents,
19
Mr. O'Boyle.
20
Mr. O'Boyle, what else is in there?
21
A
This is -- I didn't look at any of this stuff
22
by the way.
23
Q
Okay. Well, fair enough. How did you get it?
24
A
How did I get what, this stuff?
25
Q
If you didn't look at it, how did it come to
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MARTIN O'BOYLE
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January 30, 2015
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be in your possession today?
A Well, because I pulled it out of my briefcase
and when I did, it all came out together.
Q Okay. So that's not stuff you brought for
today, specifically?
A No. This is about the mayor and Miami Harold,
who's a crook, and I kept thinking of Mr. Morgan. So I
just wanted to juxtapose the occurrences.
MR. MESA: The record is not concerning this
matter. Personal records.
MR. GILL: Well, okay. I get to go through
them, though. He brought them out.
THE WITNESS: You sure you don't want the
Sweetapple Bill?
MR. GILL: I -- you know, you'd be surprised
how much I know.
THE WITNESS: You know about this?
MR. GILL: I know about more than you think,
Mr. O'Boyle.
THE WITNESS: Okay. Share it with me?
MR. GILL: No. I get to ask the questions
here today. That's the good part about this.
Please mark this as the next exhibit.
(Defendants' Exhibit No. 10 was marked for
identification.)
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1 1 BY MR. GILL:
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131
2
Q
Mr. O'Boyle, can you take a moment and look at
3
that next
exhibit, please?
4
A
Yes, I can. Okay.
5
Q
Have you seen that before?
6
A
I have.
7
Q
What is that?
8
A
This is an e-mail that I sent.
9
Q
To who?
10
A
Dr. Brody and to the head of the Gulf Stream
11
Civic Association. They run the town, you know.
12
Q
And you were requesting e-mail addresses of
13
members;
is that correct?
14
A
Yes.
15
Q
What did you want the e-mail addresses of
16 members for?
17 A Because I wanted to write them and introduce
18 myself. And then the mayor said I wouldn't get four
19 votes because nobody knows me, and the chief of police
20 said I wouldn't get three votes. So I thought I needed
21 more than four to win.
22 Q Was Dr. Brody an associate of the Civic
23 Association?
24 A No. Not that I know.
25 Q Okay. Why did you include him on the e-mail?
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1
A
Because he's the one who wanted to send the
2
letter.
3
Q
Oh, okay. Did you ever get the e-mail
4
addresses?
5
A
No. Are you kidding?
6
Q
What happened?
7
A
They stonewalled me. They -- I'm not a member
8
of the
club and as a result, I get nothing.
9
Q
When you say "club," are you referring to a
10
specific
club, or just a club, figuratively?
11
A
Well, to quote the former mayor, Ms. Orthwein,
12
the Civic
Association represents 75 percent of the town.
13
Now, if
you think it through, how many votes do you need
14
to win?
Do you get my drift yet?
15
Q
Do you know how many votes you need to win?
16
A
How many votes? Yeah, I do.
17
Q
How many?
18
A
50 percent.
19
Q
Do you know the number?
20
A
Of how many you need to win?
21
Q
Yes.
22
A
I could open my computer and tell you but the
23
answer
is, I don't. I think, I think -- well, let's see
24
here.
Less than -- less -- about 250.
25
Q
Did you go prepare figures going in to know
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1 what you had to get, you thought, to win?
2 A Did I what?
3 Q Did you prepare any analysis in advance of the
4 election for how many votes you needed or how many --
5 what the turnout you wanted? Did you have any analysis
6 of that?
7 A Yeah. I hired James A. Baker to let him
8 handle that for me.
9 Q Is that your answer?
10 A Yeah.
11 Q So you hired James A. Baker to do that for
12 you?
13 A Uh-huh. No, I didn't. But I'm glad you were
14 going to buy into it.
15 Q You know what perjury is, don't you,
16 Mr. O'Boyle?
17 A Yeah. It's when you joke with a guy who asks
18 you foolish questions.
19 Q Well, is it foolish that you would have done
20 something in the campaign to possibly try to win the
21 campaign?
22 A No. But for me to calculate how many votes it
23 takes to win when you have absentee, when you have
24 people who are out of town, when you have a very old
25 crowd who dies frequently, when you have some people who
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 134
are registered to vote and some people who aren't
registered to vote, and you have some people who do vote
and you have some people who don't vote, and you put
that mishmash together and come up with a number, you
should go to work for NASA.
Q Are you familiar with Mr. Ahern?
A I heard the name.
Q He is the expert you have retained.
A That's where I heard the name.
Q And have you -- well, have you heard anything
about his deposition?
A No.
Q Do you know what he does for a living?
A I think he's like a lawyer and a -- I don't
know what you call it, but they represent politicians.
Q A political adviser?
A Okay.
Q And that's what he does for them, is he
advises people to assist them in elections. Do you
understand that?
A No, I didn't understand that.
Q Do you understand those people exist?
A And what do they do?
Q They are political advisers and consultants.
They assist people in elections to get elected.
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135
1
A
Okay.
2
Q
Did you know that existed before?
3
A
I knew that President Obama had -- I can't
4
think of
his name right now. He had a guy, and I know
5
George Bush
had James Baker, and I know the former
6
George Bush had John Sununu and, yeah. But I don't
7
think that they calculate how many people are on
8
vacation,
and who's old enough to vote and who isn't,
9
and who moved
and who moved in. I don't think they do
10
that.
11
Q
Did you ever consider hiring one for your
12
election?
13
A
No.
14
Q
Have you ever met Mr. Ahern?
15
A
Never.
16
Q
Your truck with political campaign signs on
17
it, do you recall that?
18
A
Yes.
19
Q
Where was it initially parked?
20
A
When I bought it in 1991?
21
Q
No. When you first put political campaign
22
signs on
it and drove it anywhere but your driveway,
23
house or
work?
24
A
I don't recall.
25
Q
Did you park it at Town Hall?
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1
A
Eventually. It could have been initially
2
parked
there. It could have been eventually parked
3
there.
It was definitely parked there.
4
Q
Okay. Where in Town Hall was it parked?
5
A
It was parked in a parking space facing, I
6
don't know
the name of the road, but not Sea Road. It's
7
on the
corner. Sea Road comes off AlA and then there's
8
another
road that comes this way, and it was right here,
9
the truck.
10
Q
Can you say if that was the northeast corner?
11
A
No.
12
Q
Is it because you can't say that, or because
13
what I
said is inaccurate?
14
A
Yes. You're inaccurate.
15
Q
Okay. What corner is it parked on?
16
A
I would say it's closer to the southeast
17
corner.
18
Q
Okay. How long was it parked there for?
19
A
I don't know.
20
Q
Did it park there 24 hours a day, seven days a
21
week?
22
A
No.
23
Q
Did it have a schedule that it was parked
24
there?
25
A
All I remember was that the -- it was allowed
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MARTIN O'BOYLE
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to be parked there. That's what I remember.
Q Okay. So, the Town allowed it to park there?
A No. The state allowed it to park there.
Q Okay. How did the state allow it to park
there?
A There's a -- I think it's like a Land
Management Use Plan, something like that. And in the
plan, as Mr. Thrasher I'm sure will tell you, if he
wants to tell you the truth, it will say that the Town
agrees that the parking at City Hall shall be used for
beach access.
Q And because of that you were allowed to park
it there?
A Pardon?
Q And because of that you were allowed to park
it there?
A If you're
going to the
beach, sure.
Q Were you
going to the
beach?
A When Doug
was driving
it, he went to the beach
every day.
Q Was Doug the one driving it?
A Was Doug what?
Q Was Doug the one that drove the truck there?
A Yes, to my knowledge.
Q Okay. Did you instruct Doug to drive the
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1 1 truck there?
2
A
I can't say. It may be that Doug instructed
3
me, meaning, he may have said to me, do you want me to
4
drive the
truck today?
5
Q
Whose idea was it to put the signs in the
6
truck?
7
A
Mine.
8
Q
And then what were you going to do with the
9
truck once
you had the signs on it?
10
A
The same thing FedEx does with theirs.
11
Q
Which is?
12
A
They use it.
13
Q
Okay. Your initial plan wasn't to park in the
14
parking lot?
15
A
No. My initial plan was -- and I think we
16 drove it around town and over Place Au Soleil and so
17 forth.
18 Q Did anyone from the Town issue any notices for
19 that conduct?
20 A What was that?
21 Q Did anyone from the Town issue you any kind of
22 notice for that conduct, driving the truck around?
23 A I don't remember.
24 Q Okay. How was it that you came to start
25 parking it in the parking lot by Town Hall?
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
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A Because where I live, the traffic count is
two. And where the Town Hall is, the traffic count is
flush. So, if you're looking to get out a message, you
say to yourself, am I better off availing it to two
people or all the people? And all the people won.
Q It was your idea to put it there?
A Yes.
Q And so then you instructed Doug to drive the
truck there?
A I -- initially, yes, I did. After that, I
think he -- he asked me.
Q We could have gotten there a lot quicker if
you would have just answered that the first time, but
you want to go around in circles.
How long did it remain in that parking spot?
A I can't answer you.
Q Did it stay there 24 hours a day, or would you
move it at night?
A For the most part, my recollection is Doug
would go and pick it up before he went home. I don't
know if it stayed there 24 -- I think it may have stayed
there 24 hours a day, and then they got this towing
ordinance, which is in -- in direct violation of the
State Land Use Ordinance, and they put that in effect.
And then we told the towing company that if you touch
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1
the truck,
we're going to sue you. And they backed off.
2
They refused
to tow it.
3
Then under the shade of night, I guess the
4
Town found
somebody to tow it, and they towed it. And
5
now we're
going to sue them.
6
Q
When was it towed?
7
A
When was it towed?
8
Q
Yeah. Didn't you just say it was towed?
9
A
Yeah. You'd have to ask the Town.
10
Q
You don't remember the dates?
11
A
No.
12
Q
You have no idea what time your truck was
13
removed from
where it had been parked?
14
A
It was 11:00 at night.
15
Q
What day, though?
16
A
I don't know, though.
17
Q
Was it before or after the election?
18
A
I don't know.
19
Q
Was it there on election day?
20
A
Yes.
21
Q
Okay. So would it stand to reason that it was
22
after election day?
23
A
No. No. Because when it's towed, it's gone
24
for an hour.
25
Q
You got it back?
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12 it.
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January 30, 2015
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A Yeah.
Q Okay. Where did you have to go to get it?
A I don't know.
Q Who went and got it?
A I don't know.
Q Did someone associated with you go to get it?
A Yeah.
Q Did they have to pay anything to get it back?
A I think so.
Q Do you know how much?
A It's like 150, 165, $185. And we'll deal with
Q How many times did that happen?
A We only parked there -- since that time, we've
never parked there again. What we want to do is get a
judgment and then park there.
Q And it was parked at Town Hall when that
happened?
A Yeah.
Q In the spot we just talked about?
A Well, there's four spots there.
Q Right.
A But, yes, one of those four.
Q Okay. We, thus far, have been talking about
events leading up to election day. And we've talked
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January 30, 2015
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1 about election day a little. We'll get to that now.
2 But is there anything regarding the taking of signs and
3 the truck that we haven't discussed yet, that you
4 consider significant?
5 A Boy, that's a great question. Is there any
6 kind of disease you think you're going to get when
7 you're 40?
8 Q Significantly related to the signs or the
9 truck?
10 A I can't tell you. If you want to ask me a
11 question, I'll answer it.
12 Q I've asked you questions. I feel that we've
13 covered everything, Mr. O'Boyle, but if there's
14 something I haven't discussed that you feel is relevant
15 to this lawsuit, I'd like you to tell me, about sign
16 collection or the truck leading up to election day.
17 We'll talk about election day next.
18 A I can't answer such a broad question.
19 Q Okay. So you can't provide me any information
20 on that? As you sit here right now, you can't provide
21 me any information -- other information you think is
22 relevant?
23 A As I sit here right now, I can't think of
24 anything that we haven't talked about. That's not to
25 say none exists, it's just that I can't think about it
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1 but, please, if you didn't prepare, don't put that
2 responsibility on me.
3 Q Mr. O'Boyle, I just want to understand
4 everything you think is important.
5 A I understand. And I just wish you would have
6 prepared, and that way we can move this along as we
7 should right now. So, Counselor, kindly move this
8 along.
9 Q So there's nothing else you want to talk about
10 for those events that you think is relevant?
11 A I didn't say that.
12 MR. MESA: Objection to form.
13 BY MR. GILL:
14 Q What did you say?
15 A What I said was I can think of nothing else
16 this second. If you have a question to ask me, I will
17 be delighted to answer it for you, but I am not going to
18 do your homework for you.
19 Q Election day: What time did you arrive at
20 Town Hall?
21 A About 4:30.
22 Q Who was with you?
23 A I think Doug.
24 Q Anyone else at 4:30 when you initially
25 arrived?
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1
A
Pardon?
2
Q
Anyone else at 4:30 when you initially
3
arrived,
other than Doug?
4
A
Maybe.
5
Q
Who do you think it possibly could have been?
6
A
I don't know.
7
Q
What were you and Doug doing at 4:30 a.m. when
8
you first
arrived?
9
A
Putting up the tent, the tents, parking the
10
truck, hanging
the banners, laying out the chairs for
11
the people
to sit. And I think we may have brought like
12
some big
coolers of water and soda, I think, but I'm not
13
sure.
14
Q
When you say "truck," the truck you're
15
referring
to is the truck with the signs on it?
16
A
Yes.
17
Q
Was the markings for the hundred -foot marking
18
already in
place?
19
A
Yes.
20
Q
We discussed before about how you said the
21
Town moved
the line?
22
A
Yeah.
23
Q
When did that happen?
24
A
Election day.
25
Q
Okay. So we haven't -- in terms of time, it's
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MARTIN O'BOYLE
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January 30, 2015
145
after 4:30 a.m.?
A Yeah.
Q Okay. Where did you set up the tent and --
where did you set up the tent?
A Well, if you could picture between City Hall
and the garage, take the center line of that, and then
go directly to the west and over the curb, right there
in the grass area.
Q Okay. And describe for me the tent, as best
A Well, it's a typical tent. It's got four
posts and a center pole, I think, and like a canvas top.
It's wide open all the way around.
Q And you had signs hanging from the tent?
A Yeah.
Q And what did those signs say?
A They said, Hudson Gill for president.
Q Is that your answer, Mr. O'Boyle?
A Yes.
Q Mr. O'Boyle, if you want to move along, try to
just answer the questions.
A I don't know what they said.
Q You don't know what they said?
A No.
Q Do you know how big they were?
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 146
A Smaller than eight -by -four.
Q Smaller than eight -by -four. Do you have any
idea of the dimensions?
A No.
Q Were they bigger than the little signs?
A Yes, much bigger.
Q Okay. And how many were there?
A How many were there?
Q Yeah.
A I don't know. I saw somewhere written nine.
I saw somewhere ten. I thought it was 12. So I'd say
somewhere in that general --
Q How many could hang from the tent at one time?
A It depends on the shape, but I would say three
to six.
Q Okay. So more than -- okay. And how long
were you there setting up in the morning, starting at
4:30 a.m.?
A How long were we setting up?
Q How long were you present at Town Hall setting
up in the morning?
A I think I left at either 6:30 or 7:00, and I
went home to take a shower. And when I came back, the
calvary was there.
Q So when you came back, the calvary was already
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
there?
January 30, 2015
147
A Yeah.
Q And by "calvary," who do you mean?
A I mean, yeah, Chief Ward and a slew of police
officers.
Q Had some of your signs already been taken?
A I think the answer is yes.
Q Okay. So you didn't actually witness the
police come over and take the signs, or the first part
of that, at least?
A I didn't witness all of them. I witnessed
almost all of them.
Q Okay. When you were setting up in the
morning, before you went home to change, do you remember
anyone else being there with you helping you set up?
A I don't know.
Q What time -- well, was Denise DeMartini there
on election day?
A Pardon?
Q Was Denise DeMartini present on election day?
A Yes.
Q Do you know what time she arrived?
A No.
Q Was William Ring present on election day?
A Yes.
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1
Q
Do you know what time he arrived?
2
A
I think in the afternoon.
3
Q
Okay. Do you believe Denise DeMartini to have
4
been there when the signs were taken by the Town?
5
A
I know she was.
6
Q
Okay. Do you recall anyone else being there
7
in the
morning, when the signs were taken?
8
A
Yes.
9
Q
From people associated with your campaign?
10
A
Yes.
11
Q
Who else?
12
A
Don't know.
13
Q
Was Jonathan O'Boyle there?
14
A
No.
15
Q
Was he present at all on election day?
16
A
He dropped by for an hour or two in the
17
afternoon, if I remember right.
18
Q
Was he there when the supervisor of elections
19
came regarding the placement of your truck?
20
A
Yup.
21
Q
When did that happen?
22
A
Maybe late morning. I don't know. I don't
23
know.
24
Q
Was he involved in your conversation with the
25
supervisor of elections?
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January 30, 2015
149
1
A
No. All he said was that she says move the
2
truck,
move the truck. And I was arguing with her
3
because
they marked it, and it's almost like, you know,
4
people
say you stand there and you cross the line, well,
5
I was
standing there and they drew the line behind me.
6
That's
what they did here. And the fellow sitting right
7
behind
you is responsible for it.
8
Q
Who else do you recall being there during the
9
effort
to collect signs on election day morning, other
10
than Denise
DeMartini?
11
A
In the effort to what?
12
Q
In the collection of your signs on election
13
morning? Who else do you know was present?
14
A
I don't know the names.
15
Q
Was Brenda Russell there?
16
A
No. I don't think so.
17
Q
Was Sheila O'Boyle there?
18
A
I don't think so.
19
Q
Was Doug Stacey still there?
20
A
Yeah. Doug stayed, I think, the whole day.
21
Q
What about Marret Hanna? Was she there the
22
whole time?
23
A
Part of the time, but not the whole time.
24
Q
So the only person you know was for certain
25 1 there during the sign collection endeavor, was Denise
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January 30, 2015
150
1
DeMartini?
2
A
Doug Stacey.
3
Q
Right.
4
A
And there were six or eight other people who
5
were working for or with us, who I don't know who they
6
are.
7
Q
Do you know where they came from?
8
A
No.
9
Q
Were they associated with your office?
10
A
No.
11
Q
Do you know who would know where they came
12
from?
13
A
Denise.
14
Q
Do you know if she paid them to be there that
15
day?
16
A
I think so.
17
Q
What were their roles during that morning?
18
A
Their responsibilities were to hold up the
19
signs.
20
Q
That's what they were hired to do?
21
A
Uh-huh.
22
Q
With respect to the signs that were placed
23
around
Town Hall, the larger signs, when were those put
24
up?
25
A
They were never put up.
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January 30, 2015
151
1 Q They were never put in the ground at all?
2 A No.
3 Q Were you there when they were taken?
4 A Well, I don't remember. I was there when the
5 signs were being -- when the police made a rush, you
6 know, like they did with that kid in Missouri where they
7 killed him. What was his name? You know who I mean.
8 Q I don't know who you mean.
9 A That town in Missouri where, you know, the
10 cops murdered that kid.
11 Q Are you talking about Ferguson?
12 A Ferguson.
13 Q Are you comparing yourself to Michael Brown,
14 Mr. O'Boyle?
15 A I'm not comparing myself to Michael Brown.
16 I'm comparing the conduct of the police in Gulf Stream
17 to the conduct of the police in Ferguson.
18 MR. GILL: Let's mark this as the next
19 exhibit.
20 (Defendants' Exhibit No. 11 was marked for
21 identification.)
22 MR. MESA: Thank you.
23 THE WITNESS: Did rigor mortis set in, or are
24 we going to go forward?
25 MR. GILL: Okay. I don't know. Was giving
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January 30, 2015
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1
you
a chance to review it.
2
BY MR. GILL:
3
Q
Have you seen what's portrayed in that picture
4
before?
5
A
Well, yeah. I was in a deposition in the last
6
day or two.
7
Q
Before that, have you ever seen what is
8
portrayed
in this picture? Not the picture, itself,
9
what is --
10
A
Well, I've seen the yellow signs, obviously,
11
and this
blue sign, I don't remember.
12
Q
Okay. Did you have other larger signs that
13
were placed
around Town Hall during the election, like
14
leading up
to election day?
15
A
No.
16
Q
Okay. Where were the larger signs placed?
17
A
Surrounding city Hall.
18
Q
Only on election day?
19
A
Uh-huh, yes.
20
Q
Okay. And according to you, they never were
21
stuck in
the ground?
22
A
If they were, I didn't know about it.
23
Q
Okay. What time did you arrive back from
24
going home to change?
25
A
I'm going to say 7:30, quarter to eight.
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1
Q
Okay. And where did you come up to Town Hall
2
from, which direction?
3
A
I came up from AlA.
4
Q
Okay. And where did you pull into?
5
A
The only place you can pull into.
6
Q
Which is?
7
A
The driveway.
8
Q
Okay. Since this is a deposition and we're
9
going to
explain this at some point to a jury that's
10
never been there, can you describe in your own words, as
11
best you
can, where you pulled into?
12
A
The driveway -- there's a driveway in and a
13
driveway
out. I pulled in the in driveway.
14
Q
Okay. And did you park your car?
15
A
I don't remember whether -- I recall a flurry
16
of activity, and I don't remember whether I pulled my
17
car to a
spot and jumped out, or whether I parked it.
18
My sense
is I pulled into a spot and jumped out.
19
Q
What did you see as you were driving up?
20
A
I saw the police confiscating and taking right
21
out of the hands of our people the signs, and then
22
Denise DeMartini came running up to me and she said,
23
this chief of police is out of control. Can you do
24 something? And I said, no. He's a screwball. And she
25 said, do you think he'll let us at least keep the
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 154
canvas?
Q What do you mean by canvas?
A Well, this is a plywood sign.
Q Okay.
A And then there's -- this is canvas --
Q Okay.
A -- that's sort of on there.
Q So, she was asking if you would be able to
keep the canvas part of the sign?
A Yeah.
Q Okay.
A And the chief said something like, no, you
already have too many signs, the kind fella that he is.
Q You were in this conversation?
A I believe I was but, you know, sometimes your
mind plays tricks. I was there. I'll tell you that for
sure.
Q Okay. But you're not sure if you were
actually in the conversation when the chief said that?
A I think I was, but I -- I can't tell you for a
hundred percent.
Q And I may have asked this and if I did, I
apologize. Did you see them taking signs out of the
ground, the police?
A No. By the time I got there to get what I --
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
155
let me make it a little clearer. When I left there to
go shower, there were no signs in the ground anywhere.
When I came back, the police swarmed and they were
taking the signs. And I remember, in particular, at the
very southwest corner there was two chairs and a young
lady and a young man sitting there, or standing there,
holding the signs to the stanchions, and the holding the
signs, and the police took those. And they took all the
signs and they put them in a truck.
And when they did, I went running after the
truck and I was grabbing for the sign -- signs, and I
was able to pull one out. And Officer Garrel was there
and he was holding my arm
speaks real deep? Brian
And who's the guy that
Brian was saying, I got to
stop or I got to -- somebody's going to get hurt,
something like that.
And Garrel said, don't worry about it. Just
keep on going. And Brian then kept going and I kept
trying to get the sign. And as I was pulling it out, my
foot slipped underneath the tire and although it's -- it
hurt much like if somebody punched your hand. It wasn't
broke or anything like that, but it was a hell of a
thing to have a police officer say, put this -- if my
leg went under there I'd be in a wheelchair for the rest
of my life. And I know the people in Gulf Stream don't
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January 30, 2015
156
1 care. I mean, they spend a million dollars in legal
2 fees fighting public record suits, so I know they don't
3 care. But I care.
4 Q Where was the car, this white truck that they
5 put the sign ons, when this happened?
6 A It was heading back towards the garage.
7 Q Okay.
8 A It was in the -- it was to the west of the
9 City Hall heading back towards the garage.
10 Q And you came from the parking spots that are
11 on the south side of Town Hall?
12 A No. I came in -- I came in from the south
13 into the parking space. The building is here. Right
14 into the parking lot. And then when I saw what was
15 happening I pulled next to the curb and got out.
16 Q Okay. You didn't park in a spot?
17 A No.
18 Q Okay. The curb you parked by -- I know you
19 just did a description -- I need to visualize in my head
20 and we need to describe it so it's clear on the record.
21 What corner of the -- from the Town Hall, what corner is
22 that off?
23 A I would say that it's the west side, and I
24 would guess 30 feet from the south.
25 Q Okay. Was the white town truck to the north
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 157
of you when you pulled into the curb?
A It was to -- slightly to the north of me and
to the east of me. It was in the center of the
driveway.
Q Okay. Could you have -- did you drive passed
it?
A No.
Q Okay. Did you come even with it?
A No.
Q Okay. How many feet did you stop from it?
A Oh, I don't know.
Q Okay.
A I have no idea.
Q Okay. And then you came from the south toward
the truck, correct?
A I jumped out of the car or the truck -- I
wasn't in the truck. I was in the -- my wife's Lexus.
I jumped out of the car, the Lexus, and I ran over to
the truck.
Q Okay. Did you stop on the way to talk to
anyone?
A Yeah. I figured I'd have a cup of coffee and
some danish.
Q Mr. O'Boyle, it's very important for this case
that I get to understand exactly what happened. Can you
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1 give me that, instead of jokes in the middle?
2 A Did I stop to talk to anyone?
3 Q Well, you said before that there was a
4 conversation between Denise DeMartini and Chief Ward
5 that you weren't sure that you were involved in. And
6 now you're saying you got out and went straight to the
7 truck. I'm just trying to understand what actually
8 happened. Sometimes memories get jogged when you talk
9 about things, that's why --
10 A I -- I got you.
11 Q -- it's important that you talk about the
12 details.
13 A I got you. I had no -- once I jumped -- once
14 I jumped out of the truck -- the truck -- the Lexus, I
15 don't believe I had any conversations. I believe Denise
16 was talking to the chief. I believe I overheard that
17 conversation. I did not interact with the chief at that
18 point, because I saw no reason to. He clearly forgot to
19 take his meds that morning.
20 Q How many seconds, minutes elapsed between the
21 time you got out of the Lexus until you were up at the
22 truck?
23 A Boy, if I would only have had a stopwatch. I
24 would say 60 seconds.
25 Q Okay. Do you recall which specific officers
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1 were on the site at the time?
2 A I know the chief was, I know Garrel was and I
3 know others were, but I don't know who they were.
4 Q Do you know most of the police officers from
5 the Town, by name?
6 A Now, I know some. I saw Hazely (phonetic) or
7 Hessley (phonetic) for the very first time in my life
8 the other day. I saw a guy named O'Donnel (phonetic).
9 I went in to use the library at the Town Hall and
10 Mr. Thrasher called him in to, I guess, protect himself
11 and to have security. And that's when Mr. O'Donnel -- I
12 said, you're not going to take away my constitutional
13 rights, are you? And he said, yeah, I am. You ought to
14 play that tape. It's a good one.
15 Q I've seen all of your videos, Mr. O'Boyle.
16 They're very --
17 A Isn't that a good one?
18 Q Getting back to the morning, at that time, did
19 you know those officers, by name?
20 A No.
21 Q Okay. So you just can't identify them because
22 you don't know who they are?
23 A I can't identify -- I can't identify them, but
24 others may be able to identify them. And my sense is
25 that if we looked at their schedules, we could probably
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1
even do a
better job yet.
2
Q
Well, I just want to know what you remember.
3
A
Yeah. I remember Garrel and I remember the
4
chief, and I think that's all I remember.
5
Q
And Brian Detrick was driving the truck, as
6
you recall?
7
A
Yeah. I remember. It's not as I recall,
8
there was
no question about it.
9
Q
Was the other gentleman there that wears the
10
hat?
11
A
Absolutely.
12
Q
Where was he?
13
A
He was in the passenger seat. He was -- he
14
had a clearly
-- Brian was clearly concerned, because he
15
said it.
16
Q
Which side of the truck were you on?
17
A
I was on Brian's side.
18
Q
On the driver's side?
19
A
Yeah.
20
Q
Okay. And taking me through, step by step,
21
what happened
when you came up to the truck?
22
A
When I came up to the truck, the police were
23
throwing
the signs in there. I came up. I had a suit
24
on which,
by the way, I ripped my suit pants. But I
25
came up to
the truck and when I did, I started trying to
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And I was successful on the first
Q And you understood -- let me just ask you --
you understood that those signs had been removed by the
police, correct?
A I understood that they had been improperly
removed by the -- or stolen, would be a better word.
Q What is that based on?
A They had -- they had no bases, whatsoever, to
take down those signs.
Q As the town code was drafted then, do you
believe those signs violated that town code?
A Nope.
Q You believe they were proper under the town
code?
A Yep.
Q How so?
A The same reason a FedEx truck is proper under
the code.
Q So if a FedEx truck, in fact, was in violation
of the code, it just hadn't been cited, would you change
that answer?
A I might. But what I would like to do, I would
like to see some FedEx -- even UPS. They're not as good
as FedEx, as you know, so I'd rather see UPS cited
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MARTIN O'BOYLE
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first. And then we can go right on to UPS and then
Wal-Mart, and go right on down the line. I think we
should do that.
Q So, if the code is valid, your complaint is
that it just wasn't being enforced to all those other
trucks?
MR. MESA: Objection to form.
THE WITNESS: I guess what I'm saying is, on
their best day, it was selective enforcement, on
their very best day.
BY MR. GILL:
Q Because UPS trucks weren't cited, FedEx
trucks?
A Same thing, yeah.
Q What about the signs that were -- what if
those signs were stuck in the ground?
A I -- I don't know. If they were stuck in the
ground, they were stuck in the ground, and they were
stuck so they could be lifted right out of the ground.
Q But none of those signs were actually on the
truck, were they, the ones that had been confiscated
that morning?
A Yeah.
Q They were on your -- the white pickup truck,
your white pickup truck?
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1 A No. They were on Brian's truck.
2 Q That was an inartful question. I meant, they
3 weren't displayed on the truck that had been parked at
4 Town Hall, were they?
5 A You're talking about -- no. No. No. You're
6 talking about the one we have with the political --
7 Q Yes.
8 A No.
9 Q These are different signs, right?
10 A Yes.
11 Q Okay. And so you get up to the truck. What
12 happens when you get up to the truck, step by step?
13 A Okay. I get up to the truck and I have a suit
14 on, and there's signs, four -by -eight signs with legs,
15 just skewed in varying directions, and I start grabbing
16 one. And Garrel is grabbing my arm, and I'm pulling it
17 out and I get it, and I finally get a good enough grip
18 on it to where I throw it and it hits the ground and
19 slides.
20 Q Did Garrel say anything to you during this?
21 A No. He was just talking to Brian. Brian said
22 something like, I shouldn't keep going. This is
23 dangerous. As a matter of fact, he said -- he used the
24 word "dangerous." And Garrel said, just keep going.
25 Keep going. I don't care if it's dangerous. Keep
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going.
Q And then I continued to try to get another one
out, and Garrel, as I said, was holding my arm. And I
couldn't do it, because now the truck -- it was -- the
signs were lower in the bed of the truck, instead of
being up here where you can slide it up, it was lower.
So I couldn't do anymore, and then I don't
know whether I slipped, moved my foot. I'm not sure if
whether, because of Garrel's arm grabbing me, but the
wheel of Brian's truck ran over the front part of my
foot. And the result was -- as I said, it was like
somebody hitting you like this (indicating). Bruised a
little bit, but nothing.
MR. GILL: All right. Why don't we take a
couple minute break here.
MR. MESA: Sure.
MR. GILL: Because we have to change the tape
here, I think.
VIDEOGRAPHER
The time is 3:31.
two.
We're going off the record.
This is the end of tape number
22 (Thereupon, a recess was taken from 3:31 p.m.
23 to 3:47 p.m.)
24 VIDEOGRAPHER: We are back on the record. The
25 time is 3:47.
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MARTIN O'BOYLE January 30, 2015
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BY MR. GILL:
Q Mr. O'Boyle, before we broke, we were
discussing election day morning. And I believe you've
taken me up to the point in time when you were taking
signs out of your car -- or out of the truck. Excuse
A Out of the City's truck.
Q Yes. I guess, take me through what happened
from the point in time that Sergeant Garrel was touching
your arm, forward.
A Well, I took one sign out and then I couldn't
take anymore, and Sergeant Garrel told the driver to --
Brian to keep going, speed up, whatever it was. And
Brian said, no, it's dangerous. And he said -- ordered
him to keep going. And then the truck ran over my foot
and then they loaded up all the signs.
Q Let me stop you right there and just ask you a
couple of questions about that. Was the truck moving
when Brian said that he couldn't -- it was dangerous?
A Yes.
Q So, did he ever at any point stop the truck?
A Garrel ordered him not to stop the truck.
Q Okay. My question, though, is a little bit
different. Did Brian ever actually stop the truck,
based on your memory?
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A Oh. He definitely didn't stop the truck.
Q And what exactly do you remember Sergeant
Garrel saying?
A What exactly what?
Q What do you exactly, as best you can remember,
remember Sergeant Garrel saying?
A Keep going. Just keep going.
Q Anything other than that?
A That, he said absolutely for sure. And I
thought he said, speed up, but your mind plays tricks on
you.
Q Okay. And was that before or after Brian said
he couldn't go?
A After.
Q Okay. If someone said that you deliberately
put your foot under the truck, would that be inaccurate?
A They'd be a liar. I mean, who would put their
foot underneath a truck, not knowing what the result is
going to be, a broken foot, or you may be a cripple for
life. I mean, whoever would make such a statement is an
absolute ass.
Q Perhaps, if you were trying to manufacturer a
lawsuit, you would put your foot deliberately under a
truck.
MR. MESA: Objection to form.
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THE WITNESS: I take umbrage to that, counsel.
BY MR. GILL:
Q Did you seek any medical attention at any time
for your foot?
A No. Because there was no reason to. I told
you, it was -- the scope of the damage was as if your
hand was here and somebody punched it. And I know my
body. I've been living with it for 63 years now. And I
knew it wasn't -- my foot was not broke. And I knew it
happened. The tire ran over it and it stung a little
bit.
Q Did you have difficulty walking the rest of
the day?
A I had not -- I don't know how to say it. Not
difficulty walking, but unpleasantness in walking.
Q Would someone watching you walk, would they
have noticed that you were walking with a limp?
A I don't know that I was walking with a limp.
Q After the truck pulled away, what happened
next?
A They -- they took the -- the signs and left.
And I said, where are you taking my signs, Chief? And
he said, to a secret location. You'll get them back
after the election, the kind fella that he is.
Q Was this -- did you see the truck pull away?
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MARTIN O'BOYLE January 30, 2015
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A Yes.
Q Did you see where it went to?
A No. There's no way to see. I mean, it may
have went to Fort Lauderdale. I don't have those kind
of eyes.
Q And then you spoke to the chief right in that
same area?
A I spoke with the chief right where Denise
originally spoke to him, and he was the pompous ass that
he is. And he said, we're taking them. You have enough
signs.
And as a matter of fact, I just want to
supplement an answer earlier. You asked me if I had a
political consultant and I said, no. I did. I had
Chief Ward, because he knew I had enough signs.
Q After that conversation with Chief Ward, what
is the next thing you did that morning?
A Well, I did what I intended to do on election
day.
Q Which was what?
A Greet people when they came, and stayed behind
the first hundred -foot line and then the second
hundred -foot line. I voted. People came by, I'm going
to call it our booth, but our tent to talk. Some people
talked for an hour.
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169
1
Q
Did you have any more interaction with Chief
2
Ward that
day?
3
A
No. I didn't have any interaction with him,
4
and I'm
delighted that I didn't.
5
Q
Did you have any other interaction with -- did
6
you have
any interaction with Bill Thrasher that day,
7
election
day?
8
A
I don't remember.
9
Q
Did you have any other discussions on election
10
day, after a conversation with Chief Ward, with any town
11
employee
about any signs?
12
A
I think I did, with a couple of the cops. And
13
said, come on, where did you take the signs? Where did
14
you take
them? And I remember them saying, a secret
15
place. A secret place. And what they ended up, I think
16
Giovani
said it best. Gulf Stream is a clubby town, and
17
the Gulf
Stream country club obviously let them hide
18
them there. And that's where they --
19
Q
Are you a member of any one of the clubs in
20
Gulf Stream?
21
A
Not a one and I wouldn't even consider it.
22
Q
Are you a member of a club anywhere?
23
A
Nowhere.
24
Q
Other than those conversations with the police
25
officers
we just discussed, did you have any other
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1 conversation with anyone from the Town on election day,
2 regarding signs?
3 A Probably, but I don't -- I'm sure Denise and I
4 further talked about it. I'm sure Brenda and I talked
5 about it. The people who were hired to hold the
6 signs --
7 Q I'm sorry. I meant with town --
8 representatives of the Town. Did you, personally, have
9 any other conversations?
10 A I may have walked back and asked that Brian
11 where he -- what he did with my -- what he did with my
12 signs. But I -- I can't say for sure that I did that.
13 Q Are you aware of any other conversations that
14 were going on on election day, with any of your
15 representatives and the Town regarding the signs?
16 A I think Denise may have taken another run at
17 1 the chief, but the man's a horse's ass, and you just
18 1 can't get too far
19
Q
Did
she tell
you
what the conversation was?
20
A
She
wanted to
have the canvas signs.
21
Q
And
did she
tell
you anything else about the
22
conversation?
23
A
Not
really,
no.
I mean, it was -- you know.
24
Q
Did
you know
if
at that time, people,
25 1 attorneys on your behalf, were communicating with the
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1 1 Town regarding the signs?
January 30, 2015
171
2
A
No, I do not.
3
Q
Do you know that, as you sit here today, if
4
that
was
going on?
5
A
No, I do not.
6
Q
Do you know how many signs remained near Town
7
Hall
after
the ones were confiscated in the morning?
8
A
I'd have to say two or three.
9
Q
And those are the big signs?
10
A
Yes.
11
Q
How many of the little signs were left?
12
A
At Town Hall?
13
Q
Yes.
14
A
Just Town Hall, not through Gulf Stream?
15
Q
Yes.
16
A
I think there was three or four left at Town
17
Hall,
which is -- which is ironic, because it's almost
18
like
you take advantage of the little kids, but the big
19
adults,
you just -- I'm sorry. I said that wrong.
20
They
--
they allowed the -- the little signs to stay.
21
They
took the big signs.
22
Q
They didn't confiscate any of the little signs
23
on election
day?
24
A
I don't think so.
25
Q
Okay. What time did the supervisor of
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 172
elections arrive and discuss the truck issue?
A If I had to guess, between 11 and 1.
Q And her -- she was acting pursuant to a state
law? Is that what you understand?
A No. I'm not sure what I understand. All I
understand is the day before the Town went ahead and
painted the hundred feet, and then I complied with it,
and when I -- by complying, I left my truck there. The
next day, it changed so that I couldn't have my truck
there.
Q Did your truck remain there overnight?
A I don't think so.
Q Was it -- the next day, did you park it in one
of the same four spots you parked in before?
A No.
Q Okay. Where did you park it the next day?
A I parked it at the furthest northeasterly
spot.
Q And were you the one driving the truck when it
was parked there?
A Pardon?
Q were you driving the truck when it was parked
there?
A Meaning, did I park it?
25 1 Q Yes.
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1 A I don't know. Maybe.
2 Q Were you there when the truck arrived, at
3 1 4:30?
4
A
No. Doug was there.
5
Q
Did you see if there were any lines where Doug
6
parked
the truck at 4:30?
7
A
See if there was any what?
8
Q
Any of the markings there at 4:30 in the
9
morning.
10
A
Oh, yeah.
11
Q
Did he park on markings or beyond markings?
12
A
He parked outside of the hundred -foot zone.
13
Q
My question was a little bit different. Did
14
he park
on markings or outside of markings?
15
A
I don't know what that means. What's outside
16
of the markings mean?
17
Q
Okay. Was there markings on the ground where
18 1 the hundred foot was?
19
A
Yes.
20
Q
Did
he park on markings or on the outside from
21
the Town
Hall
of the markings?
22
A
You
mean, further than a hundred feet?
23
Q
Yes.
24
A
Yes. He
parked further than a hundred feet.
25
Q
But were
there markings?
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 174
A Yes.
Q That he parked on top of?
A No. He parked beyond them.
Q Okay.
A It was a setup.
Q You lost the election?
A Yeah.
Q Do you know what the vote count was?
A I think it was like 320 -something to
120 -something. Not bad when the mayor said I would only
get four votes and the chief said I would only get
three.
Q It's a good improvement.
A I did. I made a great improvement. Exactly.
And it shows how many people are dissatisfied with that
city and their manager.
Q Not enough, though.
A Not enough this time around, but let's wait
until next time.
Q When did you get your -- did you get the signs
back on election day, that had been taken in the
morning?
A Yeah. They brought them back like about -- I
think the polls closed at 4:00, like ten of four. But,
you have to understand that's like buying a filet
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1 mignon, laying it in the street when it's a 120 degrees
2 and getting it back eight hours later.
3 Q Did you have to go collect the little signs
4 that had been put around the town?
5 A I don't know that we had to go collect, but
6 we -- but we did.
7 Q Did you count how many you were able to
8 collect?
9 A Yeah, 30.
10 Q Do you know -- so 30, total, is what you
11 brought back?
12 A Yeah. We bought 200 and then we had 170
13 1 taken
14 Q Did you actually go and collect them?
15 A Yeah.
16 Q You personally went out and took the signs
17 out?
18 A Some.
19 Q Who else assisted you with that?
20 A Doug.
21 Q Were you with him the whole time he was
22 collecting the signs?
23 A I don't know if I was or if I wasn't. I may
24 have went over to -- I forget what it's called -- Au
25 Soleil, and I may have went over there by myself. I
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176
1
don't know. But no matter who collected them, they
2
added up
to 3-0.
3
Q
Do you know of any of the residents of the
4
town who
had your signs out removed them?
5
A
Did any of the residents of the town that had
6
my signs
out remove them? Not that I saw, not that I
7
know of
and not that I heard about.
8
Q
It's entirely possible, isn't it?
9
A
Well, it's entirely possible Jesus Christ will
10
show up
at my house for dinner tonight.
11
Q
So you don't think it's possible that a town
12
resident,
who had a political campaign sign in his yard,
13
removed
it after the election?
14
A
I didn't say that.
15
Q
Well, your answer, the response you gave
16
seemed a
little flippant like you didn't think it was
17
really possible.
I mean, the chances of your
18
hypothetical,
I would say are nil.
19
A
That's what you say.
20
Q
Okay. Well, what -- what -- can you give me
21
another
hypothetical that would perhaps give me some
22
more understanding of what possible means by that?
23
A
No.
24
MR. MESA: Objection to form.
25
THE WITNESS: No. I don't think that anyone
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1 took the sign, or if they did and laid it there, we
2 would have taken it.
3 BY MR. GILL:
4
Q
Well, they could have put it in the garbage,
5
couldn't
they have?
6
A
No. It doesn't fit in the garbage.
7
Q
Okay. So that's not possible?
8
A
I don't think so. They could have gotten the
9
hatchet murderer and had him just chop it up.
10
Q
Okay.
11
MR. GILL: We'll mark this as the next
12
exhibit.
13
MR. MESA: Thank you.
14
(Defendants' Exhibit No. 12 was marked for
15
identification.)
16
THE WITNESS: Thank you.
17
COURT REPORTER: You're welcome.
18
BY MR. GILL:
19
Q
Take a moment to look at that. Then my
20
question,
initially, is going to be directed at question
21
three.
22
A
Okay. What are your questions?
23
Q
Have you seen that before?
24
A
No.
25
Q
So these aren't your answers to
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1 interrogatories?
2 A I didn't say that.
3 Q Okay. Are these your answers to
4 interrogatories?
5 A Yes. These are my answers to interrogatories.
6 Q Okay. With respect to question three, can you
7 explain to me what "presumed damages" are?
8 MR. MESA: Objection to form.
9 THE WITNESS: The answer is, yes, I can, but I
10 don't think that I can explain it right now.
11 BY MR. GILL:
12 Q Why not?
13 A Because I don't think that I could explain it
14 right now.
15 Q All right. So, I mean, this question asked
16 for what your damages are and the specific nature of
17 them.
18 A Uh-huh.
19 Q I'd like for you to explain to me what that
20 means.
21 A Okay. Well, how about if you make a mark in
22 the court reporter's transcript and we'll answer it for
23 you.
24 Q I'm sorry. I don't understand.
25 A Okay.
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1 Q Can you try to re -explain that so I can
2 understand it?
3 A Yeah. I cannot answer it right now, and maybe
4 it's because my head is just too clogged from -- from
5 this day, but I just can't answer it right now. I agree
6 with you. You are entitled to an answer and we will
7 answer it, and I'll answer it in writing.
8 Q Well, this is -- these are the supplemental
9 answers. So this is the second crack that I asked for
10 them. So you're telling me today that you can't give me
11 an answer to what your damages are?
12 A I didn't say that.
13 MR. MESA: Objection to form.
14 BY MR. GILL:
15 Q Can you give me an answer to what your damages
16 are?
17
A
Well,
the presumed damages or the damages?
18
Q
Well,
let's focus on damages. What are your
19
damages?
20
A
Well,
we gave you a list of what they include.
21
Q
Okay.
Do you have any monetary value
22
associated with
that?
23
A
I think that's a jury question.
24
Q
Well,
certainly, you are going to ask the jury
25 1 for a certain amount of damages, are you not?
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1 A I am not a lawyer. I don't know.
2 Q So, you don't know what your damages are?
3 A Well, I don't know that I'm supposed to know.
4 I think it's up to a jury.
5 Q Other than these damages you've listed here,
6 are you going to ask for anything else?
7 A Well --
8 MR. MESA: Objection to form.
9 THE WITNESS: -- I don't know. It's really a
10 legal issue and I really don't know.
11 BY MR. GILL:
12 Q And you're not going to answer any questions
13 of whether you sought any -- any psychiatrist or
14 psychologist?
15 MR. MESA: Objection to form.
16 THE WITNESS: I don't see a -- I don't see any
17 requirement or need for that.
18 BY MR. GILL:
19 Q What are your emotional damages? The
20 emotional distress, what is that?
21 A It's the stress. It's -- there's a great deal
22 of emotion leading up to and trying to win an election,
23 and having a body politic do everything they can to stop
24 you and embarrass you and humiliate you, and it's
25 distressing. And it's also very stressful. And if you
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O'BOYLE -vs- TOWN OF GULF STREAM 181
1 were in that boat, you would understand a whole lot
2 more.
3 Q What does ostracized mean, in terms of
4 damages?
5 A Ostracized means that the Town made it so, and
6 Gulf Stream, that I have HIV.
7 Q How did the Town do that?
8 A I told you, the Civic Association runs the
9 town, 75 percent of the town, of the civic -- of the
10 Town is run by the Civic Association. The Civic
11 Association includes the mayor's wife, I believe it
12 includes the mayor. They -- the Civic Association
13 supported the others. The present commissioners made a
14 statement that if I were fortunate enough to be elected,
15 they were all going to resign so that way there could be
16 no town commission.
17 Q Weren't they running against you?
18 A Yeah.
19 Q In terms of being ostracized, could it perhaps
20 also be related to the lawsuits you filed against the
21 Town?
22 A No.
23 Q You don't think that had any impact on your
24 neighbors' view of you?
25 A No.
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January 30, 2015
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1 Q Why not?
2 A Because I think the lawsuits we filed against
3 the Town are highly appropriate. I think if you look at
4 what we have done for that town, I think it is something
5 that we should get an award for.
6 That town was a one-horse town. If you want a
7 public record, they couldn't find it, you didn't know
8 when you were going to get it. Today, almost everything
9 is online. You get things in a much quicker fashion.
10 They're much more economical.
11 So -- and public records, I don't know what
12 you think of them, but what I think of them is they're
13 very, very important. And now, the Town is able to
14 provide them in a much quicker fashion, in a much more
15 efficient fashion. So, if that's something that my
16 neighbors think is a reason that they should ostracize
17 me, tell them to go to hell.
18 Q I don't know if it's the public records,
19 perhaps, but it's the 20 lawsuits that were filed that
20 could, perhaps, have caused your neighbors to look
21 differently upon you. You could see that's a
22 possibility?
23 A No. You're talking about the 20 lawsuits that
24 I dropped. You're talking about the 20 lawsuits that
25 they paid $180,000 for because they were going to lose
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O'BOYLE -vs- TOWN OF GULF STREAM 183
1 them.
2 Q Do you think that kind of activity, though,
3 could possibly cause some of your neighbors to ostracize
4 1 you?
5 MR. MESA: Objection to form.
6 THE WITNESS: No.
7 BY MR. GILL:
8 Q What was the humiliation you referenced in
9 terms of damages?
10 A It's -- it's humiliating to put your signs
11 up -- I sometimes would put my signs up -- I had a bunch
12 of them in my car and I would come home from work, and I
13 would just keep going down AlA and stop about every
14 50 feet and put signs. And then I would come back the
15 other way and put them, and they were already gone.
16 They were all gone.
17 Q On AlA?
18 A On AlA, yeah. They were all gone. Now,
19 that's the Town. Did I see the Town do it, no. But
20 that's the Town.
21 Q How do you know that?
22 A Because they have a police department, and the
23 police department never once saw anybody take one of my
24 signs, except them.
25 Q Okay. What's the damage to your dignity?
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January 30, 2015
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1 A I think that my dignity is impaired within the
2 Town. As an example, my son and I walked into a
3 commission meeting and Mr. Thrasher was there with a
4 woman, named Patsy Randolph, and the two of them were
5 talking about how they could keep Mr. O'Hare and
6 Mr. O'Boyle from being allowed in the council chambers
7 to see the town meetings, in the Town where they both
8 have millions invested. How do you like that?
9 Q How is that related to your signs?
10 A Pardon?
11 Q How is that related to the signs?
12 A You just asked me about my dignity, didn't
13 you?
14
Q
Yes. And I understand what you
just said, but
15
we're here
about the damages from the issues in this
16
lawsuit.
And you can't really -- what you
provided me
17
doesn't really
provide me any information,
and I'm
18
trying to
get more information about that.
19
A
Okay. What do you need to know?
20
Q
What are your damages?
21
A
The jury will determine that.
22
Q
So you can't provide me any more
information
23 1 than that?
24 A I can't tell you what the jury is going to do.
25 Q This also, this supplemental answer also
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1 1 included a spreadsheet of litigation that you had been
2
involved
in. Did you see that on there? If you keep
3
turning the
pages, it's on there.
4
A
Okay.
5
Q
There's a 2010 lawsuit, O'Boyle versus South
6
Jersey Publishing.
7
A
Yes.
8
Q
What was that lawsuit about?
9
A
They -- the Atlantic City Press -- the
10
Atlantic
City Press did a -- an article and they
11
featured
me, and they said when it comes to OPRA, which
12
is the Open
Public Records Act, with O'Boyle, it's all
13
about busting
balls.
14
Q
And you sued for defamation of that statement?
15
A
Yep.
16
Q
What was the result of that lawsuit?
17
A
The result is they issued a formal apology,
18
and there
is a confidentiality agreement as to the other
19
terms.
20
Q
I don't want to get into that.
21
A
Well, you're not going to.
22
Q
Right. What's the O'Boyle versus Stoft
23
(phonetic),
2012?
24
A
My daughter had a DUI at the Stoft house and I
25 1 spent about $350,000 in legal fees, so far. And so,
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
186
Stoft -- no one was home and it was a bunch of kids. It
happened in, I think, 2007.
Q So Stoft was the property owner of the house
where the party took place?
A Yes, uh-huh.
Q Do you know what jurisdiction that's pending
in?
A I think Fort Lauderdale.
Q With respect to public records law, let me ask
you this: The newspaper that you sued for defamation,
is that the newspaper that would, I guess, be for Long
Port?
A
Yes.
Q
With respect
to New Jersey public records law,
have you
filed lawsuits
under that?
A
Yes.
Q
How many do you
think you've filed under
there?
A
I'm going to
say -- I'm going to guess 22.
Q
When did you
start filing those?
A
I'm going to
say early 2008.
Q
Before 2008,
had you ever filed a public
records
request before?
A
No. I didn't
even know what they were.
Q
What did you
-- what resulted in, I guess, you
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MARTIN O'BOYLE
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January 30, 2015
187
becoming a public records proponent?
MR. MESA: Objection to form.
THE WITNESS: I -- I got into a dispute
regarding the zoning of my house in Long Port, and
people were blowing my air, saying, go take a look
at this file and go take a look at that file. And
I went up to the building department and I said,
I'd like to look at this file, and they said you
can't. You have to fill out an OPRA request. And
I said, what's an OPRA request? And they said go
downstairs.
So I filled it out and came back and I said,
here. And they said, no. We have seven days. I
said, oh, okay. So I waited seven days and then I
got the document. And then they started playing
hide the ball.
And then we sued them 22 times; we won 21.
And we lost one at the Supreme Court, based upon
the common interest doctrine.
BY MR. GILL:
Q What's O'Boyle versus Isen or Izen (phonetic)?
A Isen, yeah. That was a guy that I sued for
slander and loss.
Q What was that, briefly, the facts of that
case?
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
188
A He was part of the administration, and he was
telling people that I was the enemy of the people. And
so we sued him for slander.
Q What was the result of that lawsuit?
A I told you. I lost.
Q Oh, I'm sorry. I didn't hear that. I
apologize.
Have you ever been classified as a vexatious
litigant by any court?
A I don't think so, but maybe.
Q Were you ever sanctioned in Tennessee?
MR. MESA: Objection to form.
THE WITNESS: Yes.
BY MR. GILL:
Q For how much?
A $5,000.
Q Was there ever a 1.2 million attorneys fees
entered against you?
A No.
Q Do you know what I'm referring to?
A No.
Q So, if there is a court order out there that
does that, you don't know anything about it?
A Nope. Sorry to disappoint you.
Q How much time do you spend in Long Port, on
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
189
average?
A I can't tell you.
Q I mean, more than a month, in total for a
year, on average for like 2014?
MR. MESA: Objection to form.
THE WITNESS: I would say, yeah, in 2014.
Uh-huh.
BY MR. GILL:
Q Would you agree with me that a state court
judge in Tennessee has sanctioned you for more than
$1.2 million for improperly pursuing a baseless claim
with the intent of inconveniencing and inflicting
financial damage on the defendants in a case you filed,
in 1999?
A No.
Q Do you know what I'm referring to?
A Pardon?
Q Do you know what I'm referring to?
A The case in Tennessee, I'm very familiar with.
Q Okay. Tell me about the case in Tennessee.
A It's a lender liability case.
Q Okay. What was the result of that case?
A I lost.
Q And at any point in time, is there a sanction
entered against you that was overturned on appeal?
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January 30, 2015
190
1
A
No.
2
Q
Did a court in Tennessee ever describe it as
3
frivolous
litigation?
4
A
I don't think so, but I don't know. I didn't
5
file the complaint, remember?
6
Q
Who did file the complaint?
7
A
David Braverman.
8
Q
And was that your attorney?
9
A
Yes.
10
Q
Okay. Is that lawsuit or litigation still
11
going on?
12
A
No.
13
Q
Is there any lawsuits in Tennessee going on,
14
as a result of that litigation?
15
A
Not that I know of.
16
Q
Why don't we take a couple minutes and I'll
17
organize,
but I pretty much think I'm close to done.
18
MR. MESA: Okay. Great.
19
THE WITNESS: All right.
20
VIDEOGRAPHER: Off the record. The time is
21
4:23
p.m.
22
(Thereupon, a recess was taken from 4:23 p.m.
23
to 4:34 p.m.)
24
VIDEOGRAPHER: We are back on the record. The
25
time
is 4:34.
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
191
THE WITNESS: Excuse me, Counsel, if I may,
you were showing me before the break a document
that apparently emanated from Tennessee, and you
were reading some portions of it. In one portion
of it, I responded to you, and I am not sure I
responded correctly. So, if you would be kind
enough to show it to me, I'll take a quick look at
it and let you know whether I responded --
responded correctly, or otherwise, I will just give
it back to you.
MR. GILL: Yeah. I don't have any further
questions about that. Let's just move on to the
next subject.
THE WITNESS: That's fine.
BY MR. GILL:
Q You mentioned before about selective
enforcement?
A Yes.
Q Who do you think the Town selectively enforced
its code, with respect to you?
A I'm not sure I understand your question.
Q Okay. You mentioned that you thought the
Town, it was selective enforcement because it hadn't
cited UPS trucks.
A Uh-huh.
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192
1 Q Are there any other examples that you have,
2 where you think the Town selectively enforced its code
3 with respect to you and the signs?
4 A Yes.
5 Q Okay. Can you identify those other groups,
6 types of signs?
7 A Yes. Construction components. If you're a
8 member of the club you get them, and if you're not, you
9 don't.
10 Q I'm sorry. Construction components?
11 A Components.
12 Q I don't -- I don't understand.
13 A A roof.
14 Q Oh, okay. Okay.
15 A Windows.
16 Q Focusing -- is that on the sign code? I'm
17 focusing just on the sign code.
18 A Oh, you're talking just on the sign code. The
19 Town was letting my opponents have their signs up and,
20 of course, they were taking my signs down. The signs, I
21 went through them with Mr. Thrasher a while back and I
22 don't remember what section it was, but it dealt with
23 where I live, in Hidden Harbour. And what he said is
24 these signs are permitted, so -- or these signs aren't
25 permitted. I don't remember.
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193
1 So I said, if these aren't permitted, then
2 these aren't permitted and these aren't permitted and
3 these aren't permitted, and so on and so forth down the
4 line. And they refused to have the other signs taken
5 down.
6 Q With respect to that one, what signs are you
7 referring to, specifically? Can you describe them so I
8 understand?
9 A If I had the order -- the ordinance.
10 Q Are these -- you're referring to things in the
11 face of the ordinance?
12 A Pardon?
13 Q You're referring to things on how the
14 ordinance is written?
15 A No -- well, of course, how the ordinance is
16 written. As an example, what it says is you can't have
17 a blue sign, and then -- but he can have a blue sign and
18 he can, she can have blue sign and he can have a blue
19 sign and, of course, I'm just using that as an example.
20 Q And you're referring to how the code is
21 actually written?
22 A I'm talking about how the code is being
23 enforced. It's highly selective.
24 Q Okay. I'm asking -- okay. You gave me one
25 specific example that we'll talk about a little bit
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January 30, 2015
194
1 more. Are there any others of other groups or signs or
2 types of signs that you feel is not being -- having the
3 code enforced against you, while you are?
4 MR. MESA: Objection to form.
5 THE WITNESS: Well, I'm not sure what you're
6 asking. If you're -- if what you're saying is we
7 are going to have tunnel vision and look at solely
8 my signs, against everybody else in the town, I've
9 never done that study, so I really can't give you
10 an answer. I can only give you an answer where I
11 have done the study or where I, otherwise, have
12 knowledge. As an example, Mr. O'Hare, he had signs
13 up at his house. Nothing wrong with that.
14 Mr. Thrasher cited him for, not having signs, but
15 for objects de art. Objects de art.
iGi•■:175i:�el��M�
17 Q But that's not your lawsuit?
18 A No. That's not my lawsuit.
19 Q Let's focus on your lawsuit.
20 A Yeah. It's hard, because the only signs that
21 I know of are the one that says Hidden Harbour, which is
22 where I live with seven other people -- six -- six other
23 people, and the political signs.
24 Q Okay.
25 A I know no others.
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
195
Q Okay. So you said that the Town selectively
enforced its sign code with respect to you -- your
opponents' signs?
A Yes.
Q Okay. How did they do that?
A They took mine and didn't take theirs.
Q So your belief is that they didn't take any of
your opponents' signs?
A No. I think they did take some of my
opponents' signs. I remember when I went there, that
time that there was like 46 or 48. They had some of my
opponents' signs there. And I'm going to tell you, I
just don't remember if it was either two or four.
Q Do you remember how many total signs for the
O'Boyle side were placed out in the Town?
A I'm sorry?
Q Do you know how many total signs the
no -O'Boyle campaign placed out in town?
A More than two or four.
Q Do you know the number?
A Oh, no, I don't.
Q Okay. Did you see any signs from no -O'Boyle
that were placed in areas that you believed were
permitted or not permitted -- or not permitted under the
code?
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1
A
Yes.
2
Q
Okay.
3
A
Many. Many. Many.
4
Q
Did you ever advise the Town of those signs?
5
A
I believe I did.
6
Q
How?
7
A
I believe I told Mr. Thrasher.
8
Q
When?
9
A
I may have even written a letter.
10
Q
Okay.
it
A
I usually write letters.
12
Q
Did you produce the letter to your attorney to
13
produce?
14
A
If I wrote a letter, I produced it.
15
Q
Okay. And when did you tell Mr. Thrasher
16 1 about it?
17
A
When it happened.
18
Q
When was that?
19
A
I have no idea.
20
Q
So all the conversations
we talked about, how
21
you just
remembered a whole other
conversation you had
22
with Mr.
Thrasher about no -O'Boyle
signs?
23
A
Now, this is a -- you're
asking a totally
24 different question now, and I'm giving you the best
25 answer that I can.
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1 Q Who was there during the conversation that you
2 had with Mr. Thrasher about no -O'Boyle signs?
3 A It may have been me and Denise DeMartini, but
4 1 I'm not sure.
5
Q
Where did it take place?
6
A
Mr. Thrasher's office.
7
Q
What date was it?
8
A
Don't know.
9
Q
What -- was it after you have a -- after the
10
notice
came out that we've marked as an exhibit,
11
regarding
your Key Biscayne signs?
12
A
Don't know.
13
Q
Can you give me any estimate of when it
14
occurred
during the campaign?
15
A
No. There was probably a six-week window, so
16
during
that six-week window.
17
Q
And what, specifically, did you tell him?
18
A
How come my signs are being taken down and
19
theirs
aren't?
20
Q
And what did he say in response to that?
21
A
They are being taken down.
22
Q
Was there any other discussion during that
23
meeting
about signs, in general?
24
A
Might have been.
25
Q
What do you recall?
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1
A
I don't recall anything.
2
Q
Okay. Other than that conversation, did you
3
have any other conversations with Mr. Thrasher regarding
4
no -O'Boyle
signs?
5
A
That's who I was just talking about.
6
Q
Other than that one, have you had any other
7
conversations
during the campaign with Mr. Thrasher,
8
regarding
no -O'Boyle signs?
9
A
That's -- I was just talking about the
10
no -O'Boyle
signs. Oh, I'm sorry. I see.
11
Q
Other than that conversation? I'm sorry if I
12
wasn't
clear.
13
A
I see. I see. I'm sorry. You're correct.
14
I think it was all one conversation.
15
Q
Okay. And you've told me everything you
16
recall
about the conversation?
17
A
Everything that I recall this time, yes.
18
Q
And you don't remember when that took place?
19
A
No, I don't.
20
Q
Where is -- do you know where Denise DeMartini
21
lives today?
22
A
Yes.
23
Q
Where?
24
A
Merritt Island.
25
Q
Okay. Is that where she's lived for the last
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
199
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year?
2
A
I don't know.
3
Q
Do you know if she's moved in the last year?
4
A
I don't know.
5
Q
I believe you testified Jonathan O'Boyle was
6
at the Town on election day; is that correct?
7
A
No. What I said is he was there for -- I
8
think he
came in the afternoon for a couple of hours.
9
Q
Okay. What did he do when he was there?
10
A
He hung around with his mother and Brenda, my
11
secretary, who used to watch him when I was -- when we
12
used to change
his diaper. And Denise and hung around
13
for a bit
and left.
14
Q
Do you know if he had any communications with
15
anyone from
the Town?
16
A
No. I do not.
17
Q
How long was your wife on site election day?
18
A
A significant period of time.
19
Q
Was she there during the incident in the
20
morning,
with the removal of signs?
21
A
I don't think so.
22
Q
And how about Brenda? How long was Brenda on
23
site for?
24
A
A while.
25
Q
Can you give me the estimate, if it was a
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O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
200
1
couple
hours, most of the day, in the afternoon?
2
A
I would say it's probably four hours, five
3
hours.
4
Q
Do you think she was there when the signs were
5
taken during the morning?
6
A
No.
7
Q
How about Bill Ring? When was he there?
8
A
He was there in the afternoon.
9
Q
Do you know approximately for how long?
10
A
No. If I had to guess, I would say two,
11
three,
four hours.
12
Q
Do you know if he had any conversations with
13
anyone
from the Town when he was on site?
14
A
No. I don't know.
15
Q
Mr. O'Boyle, I have no more questions at this
16
time.
17
A
Awe, come on.
18
MR. MESA: I have no further questions. He
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will read.
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VIDEOGRAPHER: We are going off the record.
21
The time is 4:46.
22
MR. GILL: We'll order.
23
MR. MESA: If they order, we want a copy.
24
(Witness excused.)
25
(Deposition was concluded at 4:47 p.m.)
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MARTIN O'BOYLE January 30, 2015
O'BOYLE -vs- TOWN OF GULF STREAM 201
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
C E R T I F I C A T E
THE STATE OF FLORIDA
COUNTY OF HROWARD
January 30, 2015
202
I, Gabrielle Cardarelli, Florida Professional
Reporter and Notary Public in and for the State of
Florida at large, do hereby certify that I was
authorized to and did report said deposition in
stenotype; and that the foregoing pages are a true
and correct transcription of my shorthand notes of
said deposition.
I further certify that said deposition was
taken at the time and place hereinabove set forth and
that the taking of said deposition was commenced and
completed as hereinabove set out.
I further certify that I am not attorney or
counsel of any of the parties, nor am I a relative or
employee of any attorney or counsel of party connected
with the action, nor am I financially interested in the
action.
The foregoing certification of this transcript
does not apply to any reproduction of the same by any
means, unless under the direct control and/or direction
of the certifying reporter.
Dated this 4th day of February, 2015.
Gabrielle Cardarelli, RPR, FPR
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
DEPOSITION ERRATA SHEET
January 30, 2015
203
Our Assignment No. 267499
Case Caption: Martin O'Boyle vs. Town of Gulf Stream
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 20
18 I MARTIN O'BOYLE
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
DEPOSITION ERRATA SHEET
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SIGNATURE:
MARTIN O'BOYLE
ESQUIRE
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MARTIN O'BOYLE
O'BOYLE -vs- TOWN OF GULF STREAM
January 30, 2015
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DEPOSITION ERRATA SHEET
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DATE:
MARTIN O'BOYLE
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