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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. ESQUIRE DEPOSITION SOLUTIONS 700 West Hillsboro Boulevard Building 3 - Suite 112 Deerfield Beach, Florida 33442 Reported By: Gabrielle Cardarelli, FPR, RPR Notary Public, State of Florida Esquire Deposition Solutions Job 4267499 January 30, 2015 1 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 ESQUIRE January 30, 2015 2 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 ESQUIRE I N D E X January 30, 2015 3 DIRECT CROSS REDIRECT RECROSS 5 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 177 800.211.DEPO (3376) Esquire Solutions. com 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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? ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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? ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 8 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 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? ESQUIRE Esquire Solutions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 ESQUIRE 800.211.DEPO (3376) 0 N , EsquireSolutions.com 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE 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. ESQUIRE 800.211.DEPO (3376) S o l O T I. N. Esquire Solutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 14 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? ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com MARTIN O'BOYLE 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? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 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 ESQUIRE 800.211.DEP0 (33 76) I I o ., . EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. r) ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com ()ESQUIRE 800.211. DEPO (3376) EsquireSolutions. com 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. ()ESQUIRE 800.211. DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. corn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 ESQUIRE 800.211.DEPO (3376) o , U , 1 0 , EsquireSolutions.com 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? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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. ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. r, ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 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, ESQUIRoE 800.211.DEPO (3376) EsquireSolutions. com 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 28 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. ESQUIRE 800.211.DEPO (3376) I EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 29 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? ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 30 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. ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com M 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 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 ()ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com MARTIN O'BOYLE January 30, 2015 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. ESQUIRE LU0 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 ESQUIRE 800.211.DEPO (33 76) - I o 11 , EsquireSolutions.com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE 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? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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? ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 6 7 8 9 13 17 18 19 20 21 22 23 24 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? r, ESQUIRE 800.211.DEPO (33 76) Esquire Solutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 46 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? ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com MARTIN O'BOYLE January 30, 2015 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. ESQUIRE 800.211.DEPO (3376) 5 0 l U. 1 0 N 5 Esquire Solutions.com 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com Im 2 3 4 5 6 7 8 M 13 17 18 19 20 21 22 23 24 25 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. D ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 50 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. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 -- f ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. corn 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 -- * ESQUIRoE 800.211.DEPO (3376) Esquire Solutions. corn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 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? ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MARTIN O'BOYLE January 30, 2015 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? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE January 30, 2015 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. ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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? O ESQUIRE 800.211.DEPO (3376) 9 0 L O T I O N S Esquire Solutions.com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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? ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. C)ESQUIRE 800.211.DEPO (33 76) 11 7EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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 ESQUIRE Esqu �eSo��ons.corn MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 62 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 ESQUIRE 800.211.DEPO (3376) U l I. i. N 5 EsquireSolutions.com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 63 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. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 64 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 ESQUIRoE 800.21 Esqu �eSo��on) s.com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 65 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 -- ESQUIRE 800.211.DEPO (3376) ED EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 1 1 nothing specific. January 30, 2015 66 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 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 67 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? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 68 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? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 69 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 ESQUIRE 800.211.DEPO (3376) < , EsquireSotutions.com 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 70 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. ESQUIRE 800.211.DEPO (3376) EsquireSol utions. corn 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 71 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 O ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 ESQUIRE 800.211.DEPO (3376) 11. Esquire Solutions. corn HE 2 3 4 5 No 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 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 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 75 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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. ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 77 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? f) ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 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 ESQUIRE 800.211.DEPO (33 76) o 1 .. 1 0 11� EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 79 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? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 ESQUIRE 800.211.DEPO (33 76) 0 11 ; EsquireSolutions.com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 81 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 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 1 1 next year. January 30, 2015 82 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? ESQUIRE 800.211.DEP0 (3376) Esquire Solutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 83 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 ESQUIRE 800.211.DEPO (3376) * I o N S EsquireSolutions.com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 84 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 85 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 1 1 putting up the little campaign signs? January 30, 2015 86 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, ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 87 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. corn MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 88 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? rES DIRE 800.211.DEPO (3376) 0 l ll i 1 0 N i Esquire Solutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 89 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 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE January 30, 2015 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. ESQUIRE 800.211.DEPO (3376) 0 11� EsquireSolutions.com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 91 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. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 92 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 O ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 93 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, ESQUIRE 800.211.DEPO (33 76) . 0 L V T 1 0 M. Esquire Solutions. corn MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 94 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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 ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM pretty good idea how you figure out where the property lines are. 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 ESQUIRE 800.211.DEPO (33 76) Esquire Sol utions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 97 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 98 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 100 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. ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 101 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 102 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 ESQUIRE BOO. 211.DEPO (33 76) o , . T o 1n . EsquireSolutions.com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 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 ESQUIRE Esqu �eSolut o800. 21 I.DEPOn) s.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 O ESQUIRE 800.211.DEPO (3376) S 0 L U T 1 0 M 9 EsquireSolutions.com 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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? ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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? O ESQUIRE 800.211.DEP0 (3376) $. L. T 1 O N 9 EsquireSolutions.com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 108 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 111 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? ESQUIRE 800.211.DEPO (3376) S o l O T I C N 5 EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. - ESQUIRE 800.211.DEPO (3376) 0 'S EsquireSolutions.com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 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 ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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 ESQUIRE Esqu �eSolution) s.com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 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 ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 120 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. ESQUIRE 800.211.DEPO (3376) tl EsquireSolutions.com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 1 1 BY MR. GILL: January 30, 2015 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM said? January 30, 2015 122 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 ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 123 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? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 124 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 ESQUIRoE 800.211.DEPO (3376) ti S EsquireSol utions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 125 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 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM him in the last six months? 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 ESQUIRE 800.211.DEPO (33 76) EsquireSol utions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 1 1 those e-mails during the election? January 30, 2015 127 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. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 128 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 ESQUIRE 800.211.DEPO (3376) I EsquireSolutions.com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 1 1 make sure it doesn't get stuck in there. 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 130 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.) ()ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 1 1 BY MR. GILL: January 30, 2015 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? O ESQUIRE 800.211.DEPO (3376) 9 0 t U T 1 0 X 6 Esquire Solutions. com ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 132 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 133 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 ESQUIRE 800.211.DEPO (3376) 0 l U i 1 0 r, S EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. O ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 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? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com /,O' ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 136 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 /,O' ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 137 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 C) ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 138 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? ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 139 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 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 140 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? ESQUIRE 800.211.DEPO (33 76) Esquire Solutions. corn MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 1 2 3 4 5 6 7 8 9 10 11 12 it. 13 14 15 16 17 18 19 20 21 22 23 24 25 January 30, 2015 141 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 ES DIRE 800.211.DEPO (3376) Q , U t Lr 11.1 EsquireSolutions.com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 142 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. corn MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 143 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? ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 144 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 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 C�ESQUIRE 800.211.DEPO (3376) I � T I . EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 148 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? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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 ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 152 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 153 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 -- ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 ()ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 go 13 14 15 16 17 18 19 20 21 22 23 24 25 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 r800.211.DEP0 (3376) ESQUIRE EsquireSolutions. com MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 158 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 O ESQUIRoE 800.211.DEPO (3376) Esquire Solutions. corn MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 159 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 ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 160 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 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 0 23 24 25 MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 161 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 C)ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 7 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 162 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? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 163 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 ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 164 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. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 165 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? O ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 166 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 M 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 167 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? "`ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 168 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. O ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 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 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 170 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 ESQUIRE 800.211.DEPO (3376) o 11 � EsquireSolutions.com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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 ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com 1 2 3 4 5 6 I 13 14 15 16 17 18 19 20 21 22 23 24 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. ESQUIRE 800.211.DEPO (3376) S 0 l 0 i 1 0 n, S EsquireSolutions.com MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 173 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? A ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 175 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 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 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 ESQUIRE Esqure oEPons.com) MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 177 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 ESQUIRoE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 178 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 179 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? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 180 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE January 30, 2015 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 182 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE January 30, 2015 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? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 184 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 185 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, RI I Esqure oEPons.com) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 2 3 4 5 M 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 9 13 17 18 19 20 21 22 23 24 25 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? �� ESQUIRE 800.211.DEPO (3376) EsquireSol utions. corn MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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. ESQUIRoE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. f) ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 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. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM 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. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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? f) ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE O'BOYLE -vs-TOWN OF GULF STREAM January 30, 2015 196 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. ESQUIRE 800.211.DEPO (3376) 6 0 l U T 1 0 M 9 EsquireSolutions.com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 197 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? ESQUIRE 800.211.DEPO (3376) 5 C l O i 4 C N 9 EsquireSolutions.com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 198 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 ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 199 1 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTIN O'BOYLE 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 19 will read. 20 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.) ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE January 30, 2015 O'BOYLE -vs- TOWN OF GULF STREAM 201 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 I) 4 5 6 7 8 9 10 11 12 13 14 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 19 20 21 22 23 24 25 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM DEPOSITION ERRATA SHEET Page No. Line No. Change to: Reason for change: Page No. Line No Reason for change: Page No. Line No Reason for change: Page No. Line No Reason for change: Page No. Line No Reason for change:_ Page No. Line No Reason for change:_ Page No. Line No Reason for change: SIGNATURE: MARTIN O'BOYLE ESQUIRE Change to: Change to: Change to: Change to: Change to: Change to: January 30, 2015 204 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTIN O'BOYLE O'BOYLE -vs- TOWN OF GULF STREAM January 30, 2015 205 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com DEPOSITION ERRATA SHEET Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: SIGNATURE: DATE: MARTIN O'BOYLE ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com