HomeMy Public PortalAboutJohn Gundlach Transcript 6/18/15JOHN GUNDLACH
O'HARE vs. TOWN OF GULF STREAM
June 18, 2015
1-4
Page 1
Page
UNITED STATES DISTRICT COURT
1
I N D E X
FOR THE SOUTHERN DISTRICT OF FLORIDA
2
CARE NO. 13-cv-81053-KLA
3
WITNESS: DIRECT CROSS REDIRECT RECROSS
CHRIS O'HARE,
4
JOHN GUNDLACH
Plaintiff,
5
BY MR. STEARNE 4
vs.
TOWN OF GULF STREAM;
BY MR. HANNA 25
TOWN OF GULF STREAM COMMISSION;
6
BY MR. STEARNS 29
TOWN MANAGER WILLIAM THRASHER,
7
Town Manager, in his individual capacity and official
8
capacity as the Town Manager for the Town of Gulf Stream;
9
TOWN SPECIAL MAGISTRATE LUA. DONLON,
10
Special Magistrate, in her individual and official capacity
11
E X H I B I T S
as a Special Magistrate for the Town of Gulf Stream;
12
OFFICER DAVID GINSBERG, Officer, in his individual capacity
and official capacity as an Sergeant for the Town of Gulf
13
NUMBER PAGE
Stream; STEVEN TOBIAS, Building Official, in his individual
14
DEFENDANT'S EXHIBIT A FOR ID 17
capacity and official capacity as a Building Official for
15
DEFENDANT'S EXHIBIT S FOR ID 17
the City of Delray Beach; and
16
MARTY MINOR, Planning Consultant, in his individual capacity
17
and official capacity as a Planning Consultant for the
18
Town of Gulf Stream
19
Defendants.
20
/
21
DEPOSITION OF JOHN GUNDLACH
22
Thursday, June 18, 2015
9:00 a.m. to 9:45 a.m.
23
100 Sea Road
24
Gulf Stream, Florida
25
Page 2
Page
1 Reported By:
1
PROCEEDINGS
DEBORAH LAWRENCE, Court Reporter
2
Deposition taken before DEBORAH LAWRENCE, Court
2 Notary Public, State of Florida
Esquire Deposition Solutions
3
Reporter and Notary Public in and for the State of Florida
3 Job 8 342912
4
4
at Large, in the above cause.
5
5
Thereupon,
APPEARANCES:
6
6
(JOHN GUNDLACH)
On behalf of the Plaintiff
7
having been duly swom or affirmed, was examined and
7 MARK HANNA, ESQUIRE
GMM/ Madison P.A.
8
testified as follows:
8 401 South County Road
9
DIRECT EXAMINATION
Palm Beach, Florida 33480
9
10
BY MR. STEARNS:
10 On behalf of the Plaintiff
11
Q. Please state your name for the record?
JONATHAN R. O'BOYLE, ESQUIRE
11 The O'Boyle Law Firm, P.C.
12
A. John R. Gundlach.
1286 W. Newport Center Dr.
13
0. Good morning, Mr. Gundlach. Have you ever given a
12 Deerfield Beach, Florida 33442
13
14
deposition before?
On behalf of the Defendants
15
A. No.
14 CHRISTOPHER STEARNS, ESQUIRE
Johnson, Anaelmo, Murdoch, Burke, Piper & Hochman, P.A.
16
Q. I am going to ask you a bunch of questions out
15 2455 E. Sunrise Blvd.
17
loud. All we ask is that you answer each question out loud.
Ft. Lauderdale, Florida 33304
16
18
The court reporter is tying up everything we say.
17
19
A. Okay.
ALSO PRESENT: Chris O'Hare
le William Thrasher
20
0. You know Christopher O'Hare?
officer Garrett Ward
21
A. Yes, l do.
19
20
22
Q. How?
21
23
A. 30 years.
u
23
24
Q. Okay. Friends, what?
24
25
A. Friends. Business associates.
25
ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
JOHN GUNDLACH
O'HARE vs. TOWN OF GULF STREAM
June 18, 2015
5-8
O ESQUIRE
800.211.DEPO (3376)
EsquireSol utions. com
age 5
Page
1
Q.
What business associates are you?
1
the overhang. And there were a couple guys doing tile grout
2
A.
I did a remodeling job for him back in the mid
2
work.
3
'80s.
That's how I became acquainted.
3
Q. Do you know who those people were?
4
Q.
Where was that?
4
A. I could give you names but I don't know. I know
5
A.
Ocean Ridge.
5
their first names. They were — I didn't associate with
6
Q.
Are you a contractor?
6
them cause I wasn't affiliated with them. I worked for Mr.
7
A.
I was then.
7
O'Hare. That was none of my business so I didn't have
8
Q.
Did you have your own company?
8
responsibility for them.
9
A.
I did —
9
Q. What were their names you remember?
10
Q.
—when did you slop running your company?
10
A. I could remember Ramon, Flaco. He pronounced it
11
A.
I am guessing early '90s.
11
Moses. That's it. Those are the only three times 1
12
Q.
Let's turn to what this case is about. Do you
12
remember. There were a couple others but I couldn't tell
13
know what this case is?
13
you their names if I had to.
14
A.
Basically.
14
Q. Now, you say you were working for Mr. O'Hare?
15
Q.
What do you know?
15
A. I was doing work for Mr. O'Hare.
16
A.
That the police officer came in the building
16
Q. Like as a handyman or what?
17
illegally.
17
A. Handyman, trim work. That sort of thing.
18
Q.
Okay. How do you know that?
18
Q. Did the work that you were doing require a permit?
19
A.
Because I was there.
19
A. No, sir, it did not. To my knowledge it did not.
20
Q.
How do you know it's illegal?
20
Q. Did the work that you observed going on in the
21
A.
Well, based on my knowledge they can't just come
21
backyard based upon your years of experience —
22
walking
into your house without asking for permission. Just
22
A. — all cosmetic.
23
like a code enforcement officer can't do that. And he was
23
Q. You have to let me finish my question.
24
acting under both capacities.
24
A. Sorry.
25
Q.
Before today did you meet with either of these two
25
Q. We can't talk over each other.
Page 6
Page
1
gentlemen to your right?
1
A. Sorry, I thought you were done.
2
A.
Yes, I did. I met with them this afternoon cause
2
Q. No, I wasn't done. Did the work that you observed
3
1 didn't
know what I was getting myself Into.
3
in the backyard based upon your years of experience and
4
Q.
What did they tell you?
4
training appear to be something that needed a permit?
5
A.
They didn't tell me anything about the law.
5
A. No.
6
Q.
What did they —
6
MR. HANNA: Object to form.
7
A.
— they asked me questions you're asking me right
7
THE WITNESS: No.
8
now just to get me familiar with what it's like to come to a
8
BY MR. STEARNS:
9
deposition.
9
Q. Okay. On that day the whole back walls of all the
10
Q.
Did they tell you anything about the lawsuit?
10
— of the whole house were ripped off, weren't they?
11
A.
No, they did not.
11
MR. HANNA: Object to form.
12
Q.
Did they tell you what to say?
12
THE WITNESS: Yeah, I guess.
13
A.
No, they did not.
13
BY MR. STEARNS:
14
Q.
Did they tell you what they need you to say?
14
Q. You don't think that is something that needed a
15
A.
No, they did not.
15
permit?
16
Q.
So let's go to the day that the police officer
16
A. Not what I saw It didn't.
17
came there. What were you doing at Mr. O'Hare's?
17
Q. Okay. You realize you're under oath —
18
A.
I was replacing a door jam on a screen door on the
18
A. — I realize I'm under oath.
19
back
porch on the southwest comer of the house.
19
Q. Okay. Do you want to see the photographs again?
20
Q.
Who else was there?
20
A. I saw the photographs. I was there. I remember
21
A.
There were several other people that were working.
21
the photographs. I saw that. All they did was take off all
22
1 can't remember that far back exactly how many. Maybe four
22
the old rot and put materials In the ceiling to gel the mold
23
to six people.
23
and stuff out of the way and we put some plastic protection
24
Q.
What people were those?
24
over the front of It. So we did replace the screen and keep
25
A.
There was some people replacing some facades on
25
the water out until he could get things straightened out.
O ESQUIRE
800.211.DEPO (3376)
EsquireSol utions. com
JOHN GUNDLACH
O'HARE vs. TOWN OF GULF STREAM
June 18, 2015
9-12
ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
Page 9
Page7T
1
He didn't want any more water getting in the old house.
1
So what is this document you have in front of you?
2
Q. So you think that you can just rip off walls and
2
A. It is an affidavit I filled out a couple years
3
do things like that without —
3
ago. Just the case.
4
A. — as far as I know you can take down your own
4
Q. Mark this as exhibit 1 to your deposition. What
5
drywall and replace it. As long as you're just replacing
5
was the purpose of preparing this affidavit?
6
the cosmetic look.
6
A. I was asked to. I can't remember what the purpose
7
Q. Did you know that he ultimately pulled a permit
7
was. I had a major heart attack In the meantime right after
8
afterward for that work?
8
1 gave that. And I have some memory loss problems.
9
A. No, I did not.
9
Q. So the information within this affidavit you don't
10
Q. Did you have anything to do with pulling the
10
remember?
11
permit?
11
A. After reading it a lot of it — some of it, a lot
12
A. No, I did not. I told you my license expired In
12
of it has come back to my memory but I have a problem with a
13
early '90s. I retired and let it go cause I had to lake
13
lot of other things.
14
care of my mother for eight years before passed.
14
Q. What do you mean?
15
Q. What were you being paid at this time?
15
A. That I have to kind of refresh my memory on it
16
A. That's a little personal. I don't see where that
16
because I had blood loss to my brain.
17
is relevant to what this case is.
17
Q. Who prepared this affidavit for you?
18
Q. Well, it absolutely Is.
18
A. I filled that out. Evidently I filled that out
19
A. What I was being paid? I was being paid by the
19
cause this happened before I had my heart attack.
20
hour. Charging by the hour.
20
Q. No, I understand that's your signature on the
21
Q. And how much were you being paid?
21
bottom?
22
A. Now I got to remember. You know, 1 do more work
22
A. I don't know who did the typing on it. I filled
23
and 1 charge different rales for different people.
23
it out, wrote it out by hand. Might have been somebody's
24
Q. Well, I want to know what did you charge him?
24
office that typed up. I don't know.
25
A. I am guessing $20 an hour. 15, $20 an hour. 1
25
Q. You don't know. Don't remember where you went to
age 10
age 12
1
can't remember.
1
sign this?
2
Q. Okay. And how often were you working for him?
2
A. No, I don't.
3
A. I don't know. Depends on when he needed me. That
3
Q. Okay. Let's talk —
4
day, I worked that day. Probably didn't work the rest of
4
A. —am I supposed to remember everything I do in my
5
the week or maybe it might have been two weeks later. I was
5
life?
6
waiting for him to say I could go back In and run the
6
Q. Let's talk about the day that you claim this
7
baseboards and rehang the Interior doors.
7
officer came in the backyard Illegally. Tell me what you
8
Q. So when you are doing work In the Town of Gulf
8
remember?
9
Stream did you register as a worker in the Town of Gulf
9
A. What I remember is I was in the process of
10
Stream?
10
replacing the door jam. I was down on my hands and knees In
11
A. I didn't realize I had to just do that little bit
11
the door opening and the next thing 1 know this guy comes
12
of odds and ends.
12
walking up to me and brushes my shoulder. And I look up and
13
Q. So the answer is no, you did not register?
13
1 see a gun and a holster staring me right in the face.
14
A. No, I did not. Now you're starling asking
14
Then I look on up and I see a man wearing, I don't know,
15
questions I don't want to answer.
15
golf shirt, Polo shirt, whatever you want to call it, that
16
Q. Why is that, sir?
16
said code enforcement on it.
17
A. Bemuse I'm not comfortable with it. It's
17
Q. Okay.
18
personal. 1 thought I was here to answer questions about
18
A. And he said can I come In. He walked right by me.
19
this case right here. And now all these questions you're
19
Then I stood up, said can I help you. Might not have been
20
asking me about me. And that Is my personal business.
20
exactly those words. You know, something like can I help
21
Q. Well, unfortunately if you don't answer my
21
you. I might have been a little bit glib and said something
22
questions then you don't get to testify at trial on his
22
about, you know, and i do remember. You know, I said 1
23
behalf. So if you want to do that then you're going to
23
didn't know code enforcement cops, code enforcement officers
24
answer my questions about what you were doing there. And if
24
carry guns. He said I am a police officer too. You know.
25
you have done things you are supposed to do to work there.
25
He said I would like to go in the house. He just walked on
ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
JOHN GUNDLACH
O'HARE vs. TOWN OF GULF STREAM
June 18, 2015
13-16
Page 13
Page IS
1
In. Because I told him he couldn't go in until I talked
1
phone talking to somebody. 1 don't know. I asked him
2
with Mr. O'Hare.
2
something about well, you can't stay until Mr. O'Hare, you
3
Q. Okay. What else happened?
3
will have to leave, go outside and wait for Mr. O'Hare to
4
A. He walked In the house. He walked through the
4
show up or something like that. 1 don't remember exactly
5
back porch. He walked inside the house, stopped, looked
5
what I said. He turned around, walked right out.
6
around, picked up the phone. I got my phone out. I called
6
Q. He left?
7
Mr. O'Hare. I looked over, he was on his phone.
7
A. Yes.
8
Q. Where did he walk through?
8
Q. When you say he walked Into the house how far did
9
A. He walked — you see right where that guy's hand?
9
he walk Into this area we see in this picture?
10
MR. HANNA: Can we mark that photograph?
10
A. He walked all the way through this porch area.
11
MR. STEARNS: We marked it before.
11
All right. Which is, I can't remember how big It is. Maybe
12
MR. HANNA: I don't know what exhibit It is. Can
12
ten feet, 12 feel. Might even be bigger than that. From
13
we refer to it?
13
the outside of the house to the outside porch might be 10 or
14
THE WITNESS: It's the October 28, 2011 picture
14
12 feet. He walked through the sliding glass door that was
15
showing all the walls in the back of the house.
15
right there, walked into that opening and stopped. And
16
MR. HANNA: That's actually, if you want to be
16
basically somewhere that would be the living room kitchen
17
accurate, those are screen enclosures that were maybe
17
area.
18
not walls.
18
Q. Well, I am trying to understand that. Are you
19
THE WITNESS: Yeah. We say walls. You say
19
saying he walked through the porch area —
20
screen enclosures. Well, you know, that is a screen
20
A. — he came down the side of the house, walked
21
enclose there. If you look back there, if you walk
21
through this door, kind of made a little angle to get
22
there you can see where the actual wall of the house
22
through the door opening like anybody would. And he walked
23
is.
23
across the porch, walked through the door opening, stepped
24
BY MR. STEARNS:
24
Into the house.
25
Q. Where did you walk—
25
Q. How far Into the house did he step?
Page 14
Page -W
1
A. — the door is right there. Right there in that
1
A. A couple steps. He didn't go too far. He went in
2
corner facing north. You walk In, diagonal across, then you
2
two, three steps inside the house, stopped.
3
walk in the main house. And he didn't stop until he gat
3
Q. And what room is that that he stepped in?
4
Inside the main house.
4
A. That would be the kitchen area. I guess. 1
5
Q. Was Mr. O'Hare living In the house?
5
don't, you know. I don't know what they call it.
6
A. Yes, he was.
6
Q. Was Mr. O'Hare there?
7
Q. And how long had he been living in the house?
7
A. No, he wasn't. Because I told him he had to
8
A. I don't know. Maybe since he bought it. I don't
8
leave.
9
know.
9
Q. Was any of his family there?
10
Q. When did he buy it?
10
A. No, it was middle of the day. I imagine everybody
11
A. I don't know. I am not privy to Mr. O'Hare's
11
was either at work or school.
12
private business matters.
12
Q. Did the officer touch anything?
13
Q. You realize that there are two properties right
13
A. No.
14
next to each other; right, that he owns?
14
Q. He take any photographs inside the house?
15
A. Yes.
15
A. Not that I recall. He did have his phone out.
16
Q. And which house was he living in?
16
That doesn't mean he didn't take. I don't know he took
17
A. He was living In that house right there that you
17
photographs.
18
showed me the picture of. His family, the kids were living
18
Q. Well, did you see him take any photographs?
19
In the house next door. And i don't believe he bought that
19
A. You know, you're talking to the most computer
20
house until after he bought that house if I remember
20
illiterate person there is in the world. Okay.
21
correctly. I am sure. Like I said, Mr. O'Hare didn't
21
Q. So you have no idea?
22
confide in me in his purchases.
22
A. I don't think he took any pictures but I know he;
23
Q. Okay. So what else happened on that day? You
23
picked the phone up and he called somebody.
24
said he walked Into the house. You called Mr. O'Hare?
24
Q. Have you told me everything that you remember him
25
A. Yeah, I called Mr. O'Hare and then he was on his
25
saying to you on that day?
ESQUIRE 800.211.DEPO (3376)
r475 0 l U T 10 N 5 Esquire Solutions.com
JOHN GUNDLACH
O'HARE vs. TOWN OF GULF STREAM
1 A. On that day, yes. I did have another
2 confrontation with him. We'll get to that later, I'm sure.
3 Q. Did you hear him say anything else to anybody else
4 on that day?
5 A. He said, might have said something to someone on
6 the phone but I don't like to, I don't involve myself In
7 other people's conversations any more than I do listen to
8 one of yours.
9 MR. HANNA: Can I seethe affidavit -
10 THE WITNESS: — those are mine. I brought with
11 me. He took them as evidence.
12 MR. HANNA: Can I have a copy of the photograph
13 too?
14 MR. STEARNS: I am marking those as the next
15 number we are at. Do you know?
16 MR. HANNA: No, I don't know a number.
17 MR. STEARNS: Any idea, Jonathan?
18 MR. O'BOYLE: I don't know. I want to say 12.
19 MR. STEARNS: All right. We'll go with A and B.
20 A is the first one. B is the second one.
21 MR. HANNA: I don't see those in any other
22 depositions either.
23 (Defendant's Exhibits A and B were marked for
24 Identification.)
25 BY MR. STEARNS:
1
Q.
So you told me all the conversations you remember
2
from that day?
3
A.
Best I can remember.
4
Q.
And you said that he walked Into the house two
5
steps,
you get on the phone with Mr. O'Hare?
6
A.
Yes, to let him know that he was there.
7
Q.
Okay. You have to answer out loud. You can't nod
8
your head yes.
9
A.
Yes.
10
Q.
And at that time you asked him to leave, the
11
officer; right?
12
A.
Yes, I did.
13
Q.
And he left?
14
A.
Yes, he did.
15
Q.
Okay. Did you see him come back that day at all?
16
A.
Not that I know of.
17
Q.
Did you leave?
18
A.
Well, actually Mr. O'Hare showed up and his wife
19
showed up. She brought us lunch. So we had lunch. And
20
then we packed up the stuff up and left. I don't know what
21
time it was. You know.
22
Q.
Mr. O'Hare had come home by that time?
23
A.
Yeah, it was time for quiet around the house.
24
Q.
The family was home?
25
A.
Yes.
O- ESQUIRE
June 18, 2015
17-20
1 Q. Then you said you had another run -In, as you said, 4sc y
2 with the officer. When did that happen?
3 A. I don't know the exact date.
4 Q. Do you know when the first one happened?
5 A. I don't know the exact date on there. You know,
6 I'm sorry.
7 Q. How long —
6 A. — I hardy don't know my wedding anniversary.
9 Q. How long after the first Incident was the second?
10 A. A month, 1 guess. I'm guessing.
11 Q. What did you say?
12 A. I said I am guessing that it was about a month or
13 so. I mean, it might have been a little sooner or later.
14 Q. Okay. And what happened at this time?
15 A. He was knocking on the door. I didn't answer the
16 door. When I say knocking on the door It sounded like he
17 was trying to beat it in and the door handled rattled. He
16 went around to the garage door. And by then I went outside
19 and talked to him.
20 Q. And what did he say?
21 A. He started on me about asking me what was going
22 on. I said I was doing some work here, you want to come in.
23 1 wouldn't let him In. Mr. O'Hare wasn't here. And in the
24 meantime, I didn't know Mr. O'Hare did show up. I don't
25 know what he was doing or where he was at. He showed up and
1
the guy started on me about, you know, are you doing
2
anything Illegal? I said I don't think so.
3
Q.
Were you?
4
A.
Not that I know of.
5
Q.
What were you doing?
6
A.
Working.
7
Q.
What type of work?
8
A.
Trim work.
9
Q.
Did a lot of trim work in that house?
10
A.
Have you seen some of the houses over here?
11
Q.
His house —
12
A.
— have you seen some of the trim work in some of
13
the houses on this side of the river?
14
Q.
1 am not talking about the houses —
15
A.
— well, even his. He has got a lot of trim work
16
in his.
17
Q.
It takes you four months crab to get it done?
18
A.
No, it didn't take me four months. It might have
19
been
a four month time period. But I'm a day here, a half a
20
day there, a day and a half there.
21
Q.
Did you do it all by yourself?
22
A.
Pretty much. I don't trust help.
23
Q.
So the officer knocked on the door loudly?
24
A.
Yeah.
25
Q.
And you came to the door eventually, answered it;
800.211.DEPO (3376)
EsquireSolutions. com
JOHN GUNDLACH June 18, 2015
O'HARE vs. TOWN OF GULF STREAM 21-24
1 right?
2 A. Well, eventually. He actually went around and
3 rattled on the garage door trying to get It.
4 Q. Was your trucked parked there again?
5 A. Parked In the backyard where It's always parked.
6 Q. Why do you park your truck in the backyard?
7 A. Don't block the streets. Some of these
8 communities over here don't like work vehicles parked on the
9 right-of-ways.
10 Q. Or parking back there trying to hide the fact that
11 you didn't do any work or doing work without permits?
12 MR. HANNA: Object to form.
13 THE WITNESS: No.
14 BY MR. STEARNS:
15 Q. So he says what when he shows up that time?
16 A. The second time?
17 Q. Yeah.
18 A. He asked me, like I said, if asked me ill was
19 doing anything Illegal.
20 Q. That was it?
21 A. And he said, you know, we are watching out for Mr.
22 O'Hare, we got our eyes on O'Hare. We are looking after
23 him. You know. He said — he also confronted me with the
24 fact you get caught doing anything Illegal you can get in
25 trouble.
1 THE WITNESS: I want you to rephrase that
2 question cause I don't like the way — you make it
3 sound like that he coached me to say all this stuff.
4 BY MR. STEARNS:
5 Q. Well, did he?
6 A. No.
7 Q. Have you had any conversations with Mr. O'Hare
8 about your testimony?
9 A. No.
10 Q. Was he at your meeting the other day?
11 A. Yes. And he kept his mouth shut the whale time.
12 Q. All right. Everything — you told me
13 everything —
14 A. — right out of my — you're coming right for me.
15 1 got a whole lot more I could give you but I'm trying —
16 Q. — like what?
17 A. No, you want to hear it because he only
18 threatened.
19 Q. Go ahead, sir?
20 A. No.
21 Q. No, you have more to say. Say it?
22 A. I just kind of resent the way I am being grilled.
23 Q. You're the one yelling at me.
24 A. Well, I just, I don't see where all this is
25 relevant to what's going on with me. Like I got a lot on my
1
Q. You understood that to be true; right?
1
mind right now. Can we get this over with?
2
A. Did I understand that to be true? I didn't
2
Q. I am asking you, sir.
3
understand that. I didn't appreciate the threat.
3
A. Are you done?
4
Q. Well, how did you take that as a threat?
4
Q. I can keep you here for up to seven hours if you
5
A. Because I don't like being accused of something
5
keep yelling at me like this. I am just trying to get
6
that I don't feel like I'm doing wrong. And I don't see
6
answers to my questions.
7
where a police officer has a right to make statements like
7
A. Well, you know, basically I am here voluntarily.
8
that to citizens.
B
Q. No, you're not. You're under subpoena.
9
Q. Well, if you're doing work without a permit you
9
A. That was for next week. I was under the
10
understand that is illegal; right?
10
understanding that everybody was notified three or four
11
A. Yeah, if it's without a permit. As far as I know
11
weeks ago that I was going to be out of town because I have
12
what I was doing wasn't illegal.
12
a brother that Is very III and I was — were you notified of
13
Q. Did he threaten you with arrest?
13
that?
14
A. No, he didn't.
14
Q. And I was willing to move the date.
15
Q. All right. Have you told me everything that
15
A. Well, why didn't you?
16
happened In that second time?
16
Q. I tried to.
17
A. Basically, yes. Everything I can remember.
17
A. I got — no, the day I got served to be here on
18
Q. Okay. Did you ever see the officer again?
18
the 22nd —
19
A. Thank God, no.
19
MR. HANNA: — the question —
20
Q. Have you had any conversations with any other town
20
BY MR. STEARNS:
21
employee at any time?
21
Q. I was lied to yesterday and told you had already
22
A. No.
22
flown out town. So that wasn't true, was It?
23
Q. Have you told me everything that Mr. O'Hare wants
23
MR. HANNA: I'm objecting to that. And move to
24
you to relate about your experience with him?
24
strike. Mr. Gundlach was going to leave yesterday.
25
MR. HANNA: Object to form.
25
MR. STEARNS: I was told he had left.
ESQUIRE EsquireSolut ons.com)
JOHN GUNDLACH
June 18, 2015
O'HARE vs. TOWN OF GULF STREAM
25-28
Page 25
Page
1
BY MR. STEARNS:
1
conversation was. It might have been about the time I tried
2
Q. And you hadn't left, had you?
2
to start —
3
A. I was trying to. All of a sudden I got asked to
3
Q. — when you called Mr. O'Hare before the officer
4
show up today.
4
left did Mr. O'Hare tell you anything about allowing the
5
Q. Have you told me all of your experiences with the
5
officer In the house?
6
Town of Gulf Stream?
6
A. He told me to ask him to leave until I got there.
7
A. I did a remodeling job here about 30 years ago.
7
Q. Okay. Now, when the officer left did he tell you
8
Q. Okay. Who was that for?
8
anything about you and the other workers, what you were
9
A. I can't remember her name. Her name was Amy but 1
9
supposed to dol
10
don't know what her last name is.
10
A. Yes, he told us to pack up and leave.
11
Q. You told me all of your experiences as it relates
11
Q. What did you guys dol
12
to Mr. O'Hare's property?
12
A. Started to pack up and leave and then Mrs. O'Hare
13
A. Over there?
13
showed up with lunch which she did from time to time.
14
Q. Yes.
14
Q. Okay. And what happened then?
15
A. Yes.
15
A. We sat down, ate lunch.
16
MR. STEARNS: All right. He's got some more
16
Q. Okay. After you ate lunch what did you dol
17
questions for you so he's keeping you here now.
17
A. We packed up and left.
18
MR. HANNA: Just a couple of questions.
18
Q. Now, regarding the plastic what did you dol
19
CROSS EXAMINATION
19
A. Just dropped it down just to keep the rain out of
20
BY MR. HANNA:
20
the building.
21
Q. Referring to the photograph from October 28, 2011.
21
Q. Were you Intending to work the rest of the day?
22
Just to clarify under the area, those, they look like
22
A. I planned on It, yeah. Wanted to finish up what 1
23
curtains or something that is hanging?
23
was doing and I couldn't. Had to leave.
24
A. No, they are pieces of plastic.
24
Q. Why did you have to leave?
25
Q. Okay. That area right behind there, what was
25
A. Because we were asked to by the police department
age 26
28
1
taken out of that areal
1
or code enforcement or whatever capacity he was in. Iage
2
A. Patio furniture.
2
haven't dedded yet.
3
Q. And the —
3
O. And did you ever see any officers or any other
4
THE COURT REPORTER: You're both speaking at the
4
code enforcement personnel come back that day while you were
5
same time.
5
still there?
6
BY MR. HANNA:
6
A. I don't know if that was day or not.
7
O. Okay. You got to wait until I'm done.
7
Q. Okay.
8
A. I'm sorry.
8
A. To be honest with you, the police department used
9
Q. What was In those openings between the beams7
9
to stop by there daily. Stop and watch, stop and watch.
10
A. Screen.
10
And park down the street and just watching sitting. Now,
11
Q. Okay. And then the door where you were standing
11
maybe they were not watching us. Maybe they were just
12
when Officer Ginsberg came in, were you inside that doorway?
12
conveniently parked in that area. They seemed like they
13
A. No, I was down on my hands and knees. Part of me
13
were hanging around an awful lot.
14
was outside and part of me was inside of it. You know, 1
14
Q. Now, those affidavits in exhibits A and 8, is that
15
just trying to get down to the bottom to put a nail or a
15
your testimony?
16
screw or something on the bottom.
16
A. Those were my words. But somebody retyped it. If
17
Q. Okay. Did Officer Ginsberg say anything to you
17
you want me to type I would have started back three years
18
about being a police officer and being able to go anywhere
18
ago and I'd still be working on it.
19
he wanted lo?
19
Q. But you wrote that?
20
A. Yeah.
20
A. Yes.
21
MR. STEARNS: Object to form.
21
Q. And when you wrote that was your recollection
22
BY MR. HANNA:
22
better?
23
O. When did he say that?
23
A. Than it Is now?
24
A. After I asked him — he said I'm a police officer,
24
Q. Yeah.
25
1 can go wherever want. I don't know exactly when that
25
A. Probably, yeah. Cause of the situation with my
4)ESQUIRE
800.211.DEPO (3376)
a. U r I ...
EsauireSolutions.com
JOHN GUNDLACH
O'HARE vs. TOWN OF GULF STREAM
June 18, 2015
29-32
Page 29
Page 31
1
medical problem. You know, fortunately I have gotten a lot
1
THE WITNESS: Yeah. When do I have to do that?
2
of my memory function back as it works. But I have a heart
2
MR. HANNA: She'll contact us when the deposition
3
surgeon that will testify on what the problems I have.
3
has been prepared.
4
Q. What are the dates on those affidavits? Not the
4
THE WITNESS: As long as it's after next week
5
dates you're referring. The dates you signed it?
5
sometime. I might be back within the next week. 1
6
A. The dates I signed was April of 2012. April 10.
6
don't know.
7
Q. And when you signed those had you had your heart
7
(The witness was excused.)
8
attack?
8
(Deposition was concluded at 9:45 a.m.)
9
A. I had my heart attack on July 29, 2012. 1 had
9
10
heart surgery in August. Now, wait a minute. I had my
10
11
heart attack on July 27. Heart surgery on the 29th.
11
12
Q. And did you sign those affidavits before your
12
13
heart—
13
14
A. — yes, they had been signed.
14
15
MR. HANNA: I don't have anything further.
15
16
REDIRECT EXAMINATION
16
17
BY MR. STEARNS:
17
16
Q. What did the officer look like?
18
19
A. You got to be kidding me. I have no Idea. I only
19
20
saw him for about 30 seconds.
20
21
MR. STEARNS: Perfect. Thank you. I'm done.
21
22
THE WITNESS: He never gave me his name. 1
22
23
didn't know his name'til somebody told me what it was.
23
24
You know.
24
25
BY MR. STEARNS:
25
Page 30
Page 32
1
Q. So when you wrote on there Mr. Ginsberg —
I
DEPOSITION ERRATA SHEET
2
A. —when I wrote Mr. Ginsberg I guess they wanted
2
3
me to refer to.
3
4
Q. Somebody else told you that? You said you didn't
4
Assignment No. p 343912
5
know—
s
Case Name: O'Hare vs. Town of Gulf Stream at. al.
6
A. — yeah, I don't know his name.
6
7
MR. HANNA: Are we disputing the fact that it was
9
DECLARATION UNDER PENALTY OF PERJURY
8
Officer Ginsberg that came in the house?
E
9
MR. STEARNS: Yes.
9
10
MR. HANNA: And it was another police officer
10
1 declare under penalty of perjury that I have read the
11
then?
11
entire transcript of my deposition/examination under oath
12
MR. STEARNS: Ifs your obligation to prove
12
taken in the captioned matter or the same has been read
13
things. You're aware of that?
13
to me, and the Same is true and accurate, save and except
14
MR. HANNA: I didn't realize we have a phantom
14
for changes and/or corrections, if any, as indicated by
15
that went in.
1s
me on the DEPOSITION ERRATA SHEET, hereof, with the
16
MR. STEARNS: Nobody went in the house. It was
16
understanding that I offer these changes a5 if Still
17
an open construction site. We are done. You want to
17
under oath.
18
explain to him read or waive? Do you want to talk to
is
19
him about It?
19
signed on the 29th of June, 2015.
20
MR. HANNA: He's going to waive.
20
21
THE WITNESS: Waive what?
21
22
MR. HANNA: You have an opportunity to come back
22
23
and read your deposition to make sure it is accurate.
23
ion GUNDLACH
24
THE WITNESS: Oh, I want that.
24
Job p 343912
25
MR. HANNA: You want to do that?
25
FoMESQUIRE 800.211.DEPO (3376)
a 0, u T 1 0 w a Esauire Solutions.com
JOHN GUNDLACH
O'HARE vs. TOWN OF GULF STREAM
June 18, 2015
33-36
@ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
Page 33
Page -T5
1
DEPOSITION ERRATA SHEET
1
STATE OF FLORIDA
2
Page No._Line No._Change
to:
2
COUNTY OF PALM BEACH
3
3
4
4 Reason for change:
5
Page Na.Oine No._Change
to:
5
6
1, the undersigned authority, certify that
6
]
JOHN GUNDLACH personally appeared before me on the 18th
]
Reason for change:
6
of June, 2015, and was duly sworn.
B
Page No. No.
Change to:
_Line
9
9
10
Dated this 28th of Tune, 2035.
10
Reason for change:
11
11
12
12
Page No._Line No._Change
to:
13
13
14
IS
14 Reason for change:
15
Page No._Line No._Change
to:
16
16
1]
18
17 Reason change:
18
Page No.. Line No.
Change Co:
35
19
20
21
DEBORAH LAWRENCE
20
Reason for change:
Notary Public, State of Florida
33
Page No. No.
Ca:
_Line _Change
22
My Commission Expires: 4/2/2016
22
My Commission No: EE1846]]
23
Reason for change:
23
24
SIGNATURE:
DATE:
24
Job p 343912
25
JOHN GUNDLACH
JOB P 343912
25
Page 34
Page 36
1
DEPOSITION ERRATA SHEET
1
CERTIFICATE
2
Page No._Line No.
Change to:
2
THE STATE OF FLORIDA
3
3
COUNTY OF PALM BEACH
4
Reason for change:
4
5
Page No._Line No.
to:
5
I, DEBORAH LAWRENCE, Court Reporter and Notary
_Change
Public in and for the State of Florida at Large, do
6
6
hereby certify that the aforementioned witness was by
me first duly sworn to testify the whole truth; that I
] Reason for change:
]
was authorized to and did report said deposition in
B
Page No._Line No._Change
to:
stenotype and that the foregoing pages are a true and
B
correct transcription of my shorthand notes of said
9
5
deposition.
10 Reason for change:
I further certify that said deposition was taken at
31
Page No._Line No._Change
[o:
30
the time and place hereinabove est forth and that the
taking of said deposition was commenced and completed
12
11
as hereinabove set out.
13
Reason for change:
12
I further certify that I am not an attorney or
counsel of any of the parties, nor am I a relative or
14
Page No._Line No.
_Change to:
13
employee of any attorney or counsel of party connected
i5
14
with the action, nor am I financially interested in the
action.
16
Reason for change:
15
The foregoing certification of this transcript does
17
Page No._Line No.
to;_not
apply to any reproduction of the same by any means
_Change
16
unless under the direct control and/or direction of the
18
1]
certifying reporter.
19
Reason for change:
GATED this 28th o J e, 2015.
20
Page No._Line No._Change
to:
15
19
21
20
DEBORAH LAWRENCE, Court Reporter
22 Reason for change:
21
23
Job p 343912
22
24
SIGNATURE:
DATE:
23
25
JOHN GUNDLACH
Job M
343912
24
25
@ESQUIRE
800.211.DEPO (3376)
EsquireSolutions. com
JOHN GUNDLACH
O'HARE vs. TOWN OF GULF STREAM
June 18, 2015
Index: $20..buy
affidavits
attack
behalf
$
3
28:14
11:7,19
10:23
29:4,12
29:8,9,11
big
$20
30
affiliated
August
15:11
9:25
4:23 25:7
7:6
29:10
bigger
29:20
affirmed
aware
15:12
1
4:7
30:13
bit
8
afternoon
awful
10:11
1
6:2
28:13
12:21
11:4
80s
afterward
block
10
5:3
9:8
g
21:7
15:13
ahead
blood
29:6
9
23:19
back
11:16
12
allowing
5:2 6:19,
bottom
15:12,14 90s
22 8:9
27:4
11:21
17:18
5:11 9:13
10:6
26:15,16
Amy
11:12
15
9:45
45
25:9
13:5,15,
bought
9:25
21 16:15
14:8,19,
angle
15:21
21:10
20
2
A
28:4,17
brain
anniversary
29:2
11:16
2011
a.m.
19.8
30:22
31:5
brother
13:14
31:8
answers
25:21
24:6
backyard
24:12
absolutely
brought
2012
9:18
April
7:21 8:3
29:6,9
29:6
12:7
17:10
accurate
21:5,6
18:19
22nd
13:17
area
baseboards
brushes
24:18
30:23
15:9,10,
12:12
17,19
10:7
27
accused
16:4
based
building
29:11
22:5
25:22,255:16
5:21 7:21
28
acquainted
26:1
8:3
27:20
13:14
5:3
28:12
basically
bunch
25:21
acting
arrest
5:14
4:16
29
5:24
22:13
15:16
business
29:9
actual
associate
22:17
4:25 5:1
29th
13:22
7:5
24:7
7:7 10:20
29:11
affidavit
associates
beams
14:12
11:2,5,9,
4:25 5:1
26:9
buy
17 17:9
ate
beat
14:10
27:15,16
19:17
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
JOHN GUNDLACH
O'HARE vs. TOWN OF GULF STREAM
Index: call..
June 18, 2015
EXAM I NATION
coached
23:7
23:10
doors
C
23:3
24:17
10:7
cops
code
12:23
27:21
doorway
call
5:23
28'4'6
26:12
copy
12:15
12:16,23
DEBORAH
17:12
dropped
16:5
28:1,4
4:2
27.19
called
comfortable
corner
decided
6:19 14:2
drywall
13:6
10:17
28:2
14:24,25
correctly
9.5
communities
defendant's
16:23
14:21
duly
21:8
17:23
27`3
cosmetic
4:7
capacities
company
7:22 9:6
department
5:8,10
27:25
5:24
couple
28;8
E
computer
capacity
7:1,12
16:19
Depends
28:1
11:2 16:1
early
concluded
25:18
10:3
5:11 9:13
care
31:8
deposition
9:14
court
employee
confide
4:2,18
4:2,14
22:21
carry
14:22
26:4
6:9 11:4
12:24
30:23
enclose
confrontati
CROSS
31:2,8
13:21
case
on
25:19
5:12,13
depositions
enclosures
9:17
17.2
curtains
17;22
13:17,20
10:19
confronted
25:23
diagonal
ends
11:3
21:23
14:2
10:12
caught
constructio
D
DIRECT
enforcement
21:24
n
4:9
5:23
ceiling
30:17
daily
12:16,23
disputing
8;22
contact
28:9
28:1,4
31:2
30:7
charge
date
eventually
document
9:23,24
contractor
19:3,5
20:25
5:6
24:14
11:1
21.2
Charging
9:20
convenientl
dates
door
evidence
6:18
y
29:4,5,6
17:11
Christopher
12:10,11
4:20
28.12
day
14:1,19
Evidently
conversatio
6:16 8:9
15:14,21,
11:18
citizens
22:8
n
10:4 12:6
22,23
exact
27:1
14:23
19:15,16,
19:3,5
claim
conversatio
16:10,25
17,18
12:6
17:1,4
20:23,25
EXAMINATION
clarify
ns
17:7 18:1
18:2,15
21;3
4:9 25:19
25:22
22:20
20:19,20
26:11
29:16
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
JOHN GUNDLACH
O'HARE vs. TOWN OF GULF STREAM
Index:
June 18, 2015
examined -house
examined
feel
gentlemen
20:1
13:3
4:7
22:6
6:1
14:23
guyls
excused
feet
Ginsberg
13:9
19:4,14
22:16
31:7
15:12,14
26:12,17
guys
27;14
exhibit
filled
30:1,2,8
7:1 27:11
hardy
11:4
11:2,18,
give
19:8
13:12
22
7:4 23:15
H
head
exhibits
finish
glass
18:8
17:23
7:23
15:14
half
28:14
27:22
glib
20:19,20
hear
experience
Flaco
12:21
hand
17:3
7:21 8:3
7:10
23:17
God
11:23
22:24
Florida
22:19
13:9
heart
11:7,19
experiences
4:3
golf
handled
29:2,7,9,
25:5,11
flown
12:15
19:17
10,11,13
expired
24:22
Good
hands
hide
9.12
form
4:13
12:10
21:10
explain
8:6,11
grilled
g
26:13
holster
30:18
21:12
23:22
handyman
12:13
22:25
eyes
26:21
grout
7:16,17
home
21.22
7:1
hanging
18:22,24
fortunately
25:23
29:1
guess
honest
F
8:12 16:4
28:13
28:8
Friends
19:10
HANNA
4:24,25
hour
facades
30:2
8:6,11
6:25
front
13:10,12,
9:20,25
8:24 11:1
guessing
16 17:9,
hours
face
5:11 9:25
12:13
function
19:10,12
12,16,21
24:4
29:2
21.12
house
facing
g
Gulf
22:25
14:2
furniture
10:8,9
24:19,23
5:22 6:19
26:2
25:6
25:18,20
8:10 9:1
fact
12:25
21:10,24
gun
26`6'22
13:4,5,
30:7
G
12:13
29:15
15,22
30:7,10,
14:3,4,5,
familiar
Gundlach
14,20, 2 2,
6:8
garage
4:6,12,13
25 31:2202
,
7,16,17,
24:24
19,20,24
family19:18
21:3
happen
15:8,13,
14:18
guns
19:2
20,24,25
16:9
gave
12:24
16:2,14
18:24
11:8
happened
18:4,23
29:22
guy
12:11
11:19
20:9,11
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
JOHN GUNDLACH
O'HARE vs. TOWN OF GULF STREAM
Index:
June 18, 2015
houses -mother
27:5
17:6
loss
matters
30:8,16
L
11:8,16
14:12
houses
J
lot
meantime
20:10,13,
Large
11:11,13
11:7
14
4:4
20:9,15
19:24
jam
6:18
law
23:15,25
medical
28:13
I
12:10
6:5
29:1
29:1
job
LAWRENCE
meet
idea
5:2 25:7
4:2
loud
5:25
16:21
4:17 18:7
john
lawsuit
meeting
17:17
loudly
4:6,12
6:10
23:10
29:19
20:23
Jonathan
leave
memory
identificat
lunch
17:17
15:3 16:8
11:8,12,
ion
18:10,17
18:19
15 29:2
17:24
July
27;13,15,
29:9,11
24:24
16
met
ill
27:6,10,
6.2
24:12
12,23,24
--
illegal
K
left
M
mid
_ _
-
5:2
5:20 20:2
15:6
21:19,24
keeping
18:13,20
made
middle
22:10,12
25:17
24:25
15:21
16:10
illegally
kidding
25:2
main
mind
5:17 12:7
29:19
27:4,7,17
14:3,4
24:1
illiterate
kids
license
major
mine
16:20
14:18
9:12
11:7
17:10
imagine
g
kind
lied
make
minute
16:10
11:15
24:21
22:7 23;2
29:10
incident
15:21
life
30:23
mold
19:9
23:22
12:5
man
8:22
information
kitchen
listen
12:14
month
11:9
15:16
17:7
mark
19:10,12
16:4
inside
living
11:4
20:19
13:5 14:4
knees
14:5,7,
13:10
months
16:2,14
12:10
16,17,18
marked
20:17,18
26:13
15:16
26:12,14
13:11
knocked
long
17:23
morning
intending
4:13
20:23
9;5 14:7
27:21
19v7,9
marking
Moses
interior
knocking
31:4
17:14
7:11
19:15,16
10:7
looked
materials
mother
knowledge
8.22
involve
13:5,7
9:14
5:21 7:19
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. corn
JOHN GUNDLACH
O'HARE vs. TOWN OF GULF STREAM
mouth
22:23
30:8,10
23:11
23:7
officers
move
27:3,4,12
12:23
24:14,23
O'hare's
28:3
6:17
open
14:11
N
30:17
25:12
oath
opening
nail
12:11
26:15
8:17,18
15:15,22,
Object
23
names
8:6,11
7:4,5,9,
openings
13
21:12
26:9
22:25
needed
26:21
opportunity
8:4,14
30:22
objecting
10:3
24:23
overhang
nod
7:1
obligation
18:7
30:12
owns
north
14:14
observed
14:2
7:20 8:2
Notary
P
Ocean
4:3
5:5
notified
pack
October
24:10,12
27:10,12
13:14
number
25:21
packed
17:15,16
18:20
odds
27:17
10:12
O
paid
office
9:15,19,
11:24
O'boyle
21
officer
17:18
park
5:16,23
21:6
O'hare
6:16
28:10
4:20 7:7,
12:7,24
14,15
16:12
parked
13:2,7
18:11
21:4,5,8
14:5,21,
19:2
28:12
24,25
20:23
parking
15:2,3
22:7,18
21:10
16:6
26:12,17,
18:5,18,
18,24
part
22 19:23,
27:3,5,7
26:13,14
24 21:22
29:18
ESQUIRE
passed
9:14
Patio
26:2
people
6:21,23,
24,25 7:3
9:23
people's
17:7
Perfect
29:21
period
20:19
permission
5:22
permit
7:18 8:4,
15 9:7,11
22:9,11
permits
21:11
person
16:20
personal
9:16
10:18,20
personnel
28:4
phantom
30:14
June 18, 2015
ndex: mouth -Pretty
photographs
8:19,20,
21 16:14,
17,18
picked
13:6
16:23
picture
13:14
14:18
15:9
pictures
16:22
phone
13:6,7
15:1
16:15,23
17:6 18:5
photograph
13:10
17:12
25:21
pieces
25:24
planned
2 7: 22
plastic
8:23
25:24
27:18
police
5:16 6:16
12:24
22:7
26:18,24
27:25
28:8
30:10
Polo
12:15
porch
6:19 13:5
15:10,13,
19,23
prepared
11:17
31:3
preparing
11:5
Pretty
800.211.DEPO (3376)
EsquireSolutions. com
JOHN GUNDLACH
O'HARE vs. TOWN OF GULF STREAM
20:22
private
14:12
privy
14:11
problem
11:12
29:1
problems
11:8 29:3
PROCEEDINGS
4:1
process
12:9
pronounced
7:10
properties
14:13
property
25:12
protection
8:23
prove
30:12
Public
4:3
pulled
9:7
pulling
9:10
purchases
14:22
purpose
11:5,6
put
8:22,23
26:15
r•.
question
4:17 7:23
23:2
24:19
questions
4:16 6:7
10:15,18,
19,22,24
24:6
25:17,18
quiet
18:23
R
rain
27:19
Ramon
7:10
rates
9:23
rattled
19:17
21:3
read
30:18,23
reading
11:11
realize
8:17,18
10:11
14:13
30:14
recall
16:15
recollectio
n
28:21
record
4:11
REDIRECT
29:16
refer
13:13
30:3
referring
25:21
29:5
refresh
11:15
register
10:9,13
rehang
10:7
relate
22:24
relates
25:11
relevant
9:17
23:25
remember
6:22 7:9,
10,12
8:20 9:22
10:1
11:6,10,
25 12:4,
8,9,22
14:20
15:4,11
16:24
18:1,3
22:17
25:9
remodeling
5:2 25:7
rephrase
23:1
June 18, 2015
Index: private -shows
replace
8:24 9:5
replacing
6:18,25
9:5 12:10
reporter
4:3,18
26:4
require
7:18
resent
23:22
responsibil
ity
7:8
rest
10:4
27:21
retired
9:13
retyped
28:16
Ridge
5:5
right-of-
ways
21:9
rip
9:2
ripped
8:10
river
20:13
room
15:16
16:3
rot
8:22
run
10:6
run-in
19:1
running
5:10
S
sat
27:15
school
16:11
screen
6:18 8:24
13:17,20
26:10
screw
26:16
seconds
29:20
served
24:17
She'll
31:2
shirt
12:15
shoulder
12:12
show
15:4
19:24
25:4
showed
14:18
18:18,19
19:25
27:13
showing
13:15
shows
21:15
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. com
JOHN GUNDLACH
O'HARE vs. TOWN OF GULF STREAM
June 18, 2015
Index: shut -trial
shut
standing
12:19
threatened
23:11
26:11
T
23:18
stop
side
staring
5:10 14:3
til
15:20
12:13
28:9
takes
29:23
20:13
start
stopped
20:17
tile
sign
27:2
13:5
talk
7:1
12:1
started
15:15
7:25
time
29:12
19:21
16:2
12:3,6
9:15
signature
20:1
straightens
30:18
18:10,21,
11:20
27:12
d
talked
22,23
signed
28:17
8:25
13:1
19:14
29:5,6,7,
starting
Stream
19:19
20:19
14
10:14
10:9,10
talking
21:15,16
22:16,21
25:6
15:1
air
state
23:11
16:19
7:19
4:3,11
street
26:5
10:16
28:10
20:14
27:1,13
statements
23:19
22:7
streets
ten
times
24:2
21:7
15:12
7:11
stay
site
testified
15:2
strike
today
30:17
4.8
STEARNS
24:24
5:25 25:4
sitting
testify
4:10 8:8,
stuff
told
28:10
13 13:11,
8:23
10:22
9:12 13:1
situation
24 17:14,
18:20
29:3
16:7,24
28:25
17,19,25
23:3
testimony
18:1
sliding
21:14
subpoena
23:8
22:15,23
15:14
23:4
24.8
28:15
23:12
24:20,25
thing
24:21,25
somebody's
25:1,16
sudden
25:5,11
11:23
26:21
25:3
7:17
27:6,10
12:11
sooner
29:17'21'
supposed
29:23
19:13
25 30:9,
10:25
things
30:4
12,16
12:4 27:9
8:25 9:3
touch
sort
10:25
7:17
step
surgeon
11:13
16:12
sound
15:25
29;3
30:13
town
23:3
stepped
surgery
thought
10:8,9
15:23
29:10,11
8:1 10:16
22:20
sounded
16:3
24:11,22
19:16
sworn
threat
25:6
steps
4:7
22;3,4
southwest
16:1,2
training
6:19
18:5
threaten
8:4
speaking22:13
stood
trial
26:4
ESQUIRE 800.211.DEPO (3376)
EsquireSolutions. corn
JOHN GUNDLACH
O'HARE vs. TOWN OF GULF STREAM
10:22
understandi
walls
trim
ng
8:9 9:2
7.17
24:10
13:15,18,
20:8,9,
understood
19
12,15
22:1
wanted
trouble
26:19
21:2527:22
V
30:2
truck
21:6
vehicles
watch
28:9
trucked
21:8
Matching
21:4
voluntarily
21:21
true
24:7
28:10,11
22:1,2
24.22water
W
8:25 9:1
trust
20:22
wait
wearing
12:14
turn
15:3 26:7
5:12
29:10
wedding
waiting
19:8
turned
10:6
week
15:5
10:5 24:9
tying
waive
31:4,5
30:18,20,
21
weeks
type
10:5
20:7
walk
24:11
28:17
13:8,21,
25 14:2,3
wife
typed
15:9
18:18
11:24
walked
words
typing
12:16,25
12:20
11:22
13:4,5,9
28:16
14:24
work
U
15:5,8,
7:2,15,
10,14,15,
17 18,20
19,20,22,
8:2 9:8,
ultimately
23 18:4
9:7
22 10:4,
walking
8,25
understand
5:22
16:11
11:20
12:12
19:22
15:18
20:7,8,9,
22:2,3,10
'Nall
12,15
13:22
21:8,11
22:9
ESQUIRE
June 18, 2015
Index: trim -yesterday
27:21
worked
7:6 10:4
worker
10:9
workers
27:8
working
6:21 7:14
10:2 20:6
28:16
works
29:2
world
16:20
wrong
22:6
wrote
11:23
28:19,21
30:1,2
Y
years
4:23 7:21
8:3 9:14
11:2 25:7
28:17
yelling
23:23
24:5
yesterday
24:21,24
800.211.DEPO (3376)
EsquireSolutions. com
AFFIDAVIT
— 'I'M
County of Palm Beach
1, Joon Gundlach, being duly sworn, do herby state under oath and under panally of perjury that the following facts are
true:
1. 1 am over the age of 18 and am a resident of the State of Florida with my permanent residence at the address listed
below.
2. 1 have personal knowledge of the facts here, and, if called as a witness, could testily competently thereto.
3. On, or about, October 28, 2011,1 was working at 2520 Avenue Au Soleil, as I had been for a number of weeks.
On this day, as we do every day, we parked our vehicles in the rear yard.
4. 1 was working at the tear of the house. The other workers were working on the south side of the house near the
south garden gate. I was started by the sudden appearance of a police officer — later known to me as Officer
Ginsb utp, badge no. 737. 1 was kneeling down working on die arsesn porch door when I was startled by someone
standing to my right. I looked up and saw a gun on a man's hip. i looked up and noticed the man was wearing a
golf shirt with the words 'Code Enforoement' on it I asked him 'Can I help your He then asked who I was, who I
worked for, and the address of the properly. I answered his questiom f spelled my name for him and said to him,
'I didn't know code enforcement officers carried guns.' He replied, Tm a police officer too!
5. Officer Ginsburg then asked if he could coma inside. I told him that I didn't have the authority to let him in and that
he could not come in until I est called Bre owner, Mr. O'Hare to get his penrilssiom Without speaking further and
without presenting any paperwork, Officer Ginsburg walked right past me into the house. When I objected, he said
'I am a police officer, I can go anywhere f want'
6. 1 immediately called Mr. O'Hare and told him what was happening. Mr. O'Hare told me to ask the police officer to
leave. While calling Mr. C'Hare, I observed Officer Ginsburg walk Into the Irving room and make a call from his cell
phone. When the officer was done, I told him that the owner warmed him to leave. He said, 'You're the one who
has to leave.' The officer never explained himself or asked what work we were doing, he just said, 7 want you all to
stop working and leave right now.'
Officer Ginsburg then proceeded to walk out the same way he carne m, through the opening In the screen door. He
walked past the workers who were working on the south wall of the house (the same workers the officer passed on
his way into the yard) and exited through the south yard gate, at the southeast comer at the house. i followed him
and closed the yard gate behind him The officer did not go anywhere else in the house or the bark yard at that
Urns.
R 1 than told the other workers to pacts up thedr tools, dean up the work area, secure the house and leave. Mrs.
O'Hare showed up:shortly thereafter with sandwiches for everyone. Mr. Oliare showed up as well and supervised
the shutting down of the job. Everyone let shortly thereafter.
Executed this 10th day of April, 201
J tore
125 SW 13th Avenue
Skeet Address Eshib(;
_ Boynton Reach FL 33435
city State Zip
s 1�1
Page 1 of 2
AFFIDAVIT
State of Florida )
County of Palm Beach )
I, John .Gundlach, being duty swum, do herby state under oath and under penalty of perjury that the following facts
are true:
1. I am over the age of 18 and am a resident of the State of Florida with my permanent residence at the address
fisted below.
2. 1 have personal knowledge of the facts here, and, 'nf called as a witness, could testily competently thereto.
3. On, or about, December 27, 2011, while working at 2320 Avenue Au Sold, I was startled by a loud banging on
the frontdoor of the house. I answered it and it was Ofter Ginsburg. Ginsburg said, 'When I'm knocking on
the door, you need to answer Mately.'
4. Officer Ginsburg wanted to know who was working in the house. I told him we were employeesof the owner, Mr.
O'Hare. We had a brief discussion where he told me he was just doing his job. He then Inquired about the
permit I walked him around the front of the house to the garage side (north side) and showed him the permit on
display on the side door %ndow. Officer Ginsburg sad, 'Permits need to be posted where I can get to them.
Go to Home Depot and get a permit box Re everybody else does.'
4. We then had a short discussion whereupon Officer Ginsburg made several comments regarding Mr. O'Hare,
such as:
`Our antennae Is up with this guy [Mr. O'Hare].'
'We are watching him [Mr. O'Hare] closely.'
'Everybody at Town Hall knows about him [Mr. O'Hare],'
5. Officer Ginsburg then asked me,
'Is he [Mr. O'Hare] doing anything illegal; beyond the scope of the permitr
6. Officer Ginsburg appeared to me at times to be very agitated and angry. He went on to comment:
'Don't do anything illegal if he [Mr. O Hare] asks you to.'
'Don't do anything illegal or you can be prosecuted;'
When Officer Ginsburg Teff, I went back inside where Mr. O Hae had apparently just arrived through the back of
the house sometime after 1 had exited to speak to the Officer, and was standing next to the inside of the front
door.
Executed tfus//A day of Apt9, 2012
Signature
125 SW 13th Avenue
Sheet Aditss
Boynton Beach FL 39435
City Stade Zip
Page 1 of 2