HomeMy Public PortalAboutDavid Ginsberg Transcript 6/4/151 (Pages 1 to 4)
Florida Court Reporting
561-689-0999
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UNITED STATES DISTRICT COURT
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APPEARANCES:
FOR THE SOUTHERN DISTRICT OF FLORIDA
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ON BEHALF OF THE PLAINTIFF:
WEST PALM BEACH DIVISION
GMMIMADISON. P.A.
CASE NO: 9:13-CV-81053-MIDDLEBROOKS/BRANNON
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401 South County Rd. #3272
Palm Bench, FL 33480
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BY: MARK 1. HANNA, ESQ.
mharmiCa�g3mlaw.com
CHRISTOPHER F. OHARE,
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Condensed
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BEHALF
Plaintiff,
JJOHANSELMO. MURD H, BURKE,
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PIPER & HOCHMAN, P.A.
Vs.
2455 East Sunrise Boulevard,
a
Suite 10000
TOWN OF GULFSTREAM, at al,
Fon Lauderdale, FL 33304
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BY: CHRISTOPIiER J. STEARNS, ESQ.
Defendants.
steamsCjambg.wm
/
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VIDEOTAPED DEPOSITION OF
ALSOPRFSENT: Christopher O'Harc
DAVID GINSBERG
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Louis L. Roeder, III, Esq.
TAKEN BY THE PLAINTIFF
William H. T hrasher
ON THURSDAY, JUNE 4, 2015
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Garrett Word
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INDEX
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THE VIDEOTAPED DEPOSITION OF DAVID
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WITNESS DIRECT CROSS REDIRECT RECROSS
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GINSBERG, TAKEN BYTHE PLAINTIFF, INTHE ABOVE.
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DAVID GINSBERG
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TITLED CAUSE, BEFORE NORMA SCHERER, COURT REPORTER
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BY MR HAANA 4
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AND NOTARY PUBLIC, STATE OF FLORIDA AT LARGE, AT IOD
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SEA ROAD, GULF STREAM, FLORIDA ONTHURSDAY, JUNE 4,
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2015, BEGINNING AT 1105 AM, PURSUANT TO THE
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EXHIBITS
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NOTICE HERETOFORE FILM
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PAGE
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- - -
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Plaintiffs Exhibit No. 10 56
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THEREUPON,
(Report by Ginsberg dated 10/28/11)
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DAVIDGINSBERG,
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Plaintiffs Exhibit No. 11 63
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AFTER HAVING BEEN FIRST SWORN HY ME TO TELL THE gHOLE
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(Photograph taken by Ginsberg)
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TRUTH AS HEREINAFTER CERTIFIED, TESTIFIES AS FOLLOWS:
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Plaintifrs Exhibit No, 3 63
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DIRECT EXAMINATION
(Photograph taken by Ginsberg)
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BY MR HANNA:
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Q Hi. Can you tell w your name?
Plaintiffs Exhibit No. 4 74
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A David Ginsberg
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(Multiple photographs)
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Q Howda you spA your lastreme?
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A G-1-N-SB.E-R-G
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Q Wehavetherighi. Hawyoueverghvria
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deposition befere?
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A lhave.
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Q Huwmanytimes?
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A Maybconecormice.
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Q How long have you been a law enforcement
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officer,
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A About 45 years.
1
understood it. Is that all right with you?
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Q Did you ever testify in court?
2
A
(Witness nods head.)
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A I have.
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Q
Another thing. you have to answer out loud.
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Q How many times?
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A
Yes.
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A Three, four times. I don't recall.
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Q
Okay. Uh-huh, uh-uh, they don't work really
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Q Three or four times in 20 years?
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well,
so I ask you to say yes or no. I'll try to remind
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A Yeah.
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you if I catch iL ;Usually I'm trying to think of
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Q That's pretty good.
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something else.
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MR. STEARNS: 45 years.
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Are you currently a law enforcement officer?
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MR HANNA: 45 years? Geez, I shorted you by
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A
No.
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20. Hopefully I didn't take away from your
11
Q
When did you —are you retired?
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pension.
12
A
Yes.
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MR. STEARNS: Your math is not your strong
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Q
When did you retire?
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suit.
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A
I believe at the end of June of 2013, 1 think.
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MR. MANNA: I know.
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Q
Okay. And where was your last place of
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BY MR HANNA:
16
employment?
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Q The way this works, I'm going to ask you some
17
A
Town of Gulfstream.
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questions. I'm going to ask that you wait till I'm done
18
Q
Did you work anywhere else besides Gulfstream?
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asking my questions. Sometimes 1 ramble. You may know
19
A
Yes.
20
the answer before I'm finished but the court reporter
20
Q
Where did you work?
21
is taking down everything that we say and she can't take
21
A
I worked for the State of Florida.
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down two people speaking at once. Ifyou don't
22
Q
Doing what?
23
understand a question that I ask you, ask me to rephrase
23
A
As a wildlife officer part-time.
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it. There is going to be quite a few of those. If you
24
Q
That was at the same time ,you were working for
25
answer a question, we are going to assume that you
25
Gulfstream?
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1
A Pan of the time.
1
Q
What kind of education do you have?
2
Q Okay.
2
A
High school and one or two years of college.
3
A 1 also —
3
Q
Where did you go to college?
4
Q Go ahead.
4
A
Queens College.
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A I'm also a retired New York City officer.
5
Q
Did you get a degree?
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Q I'm going to go through that in a little bit
6
A
No.
7
more derail.
7
Q
You said that you were a New York police
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While you were with Gulfstream, how long were
8
officer?
9
you working part-time as a wildlife officer?
9
A
(Witness nods head.)
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A Probably, I would say, nine to ten years.
10
Q
Did you go to the police academy?
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Yeah, probably nine to ten years.
11
A
Yes.
12
Q Now that position with the wildlife, that was
12
Q
What year did you go to the police academy?
13
a law enforcement position?
13
A
December of'65.
14
A That was a reserve, nonpaid position.
14
Q
How long was the police academy?
15
Q How many hours a week would you work?
15
A
I believe at the time five months.
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A For?
16
Q
Did you successfully complete it the first
17
Q Four hours a week?
17
time?
18
A No. I'm saying—
18
A
Yes.
19
Q When you were with the Department of Wildlife.
19
Q
After you completed the academy, what
20
A Two times a month, sometimes three.
20
happened?
21
Q Okay. And you said that was voluntary?
21
A
1 went out on patrol.
22
A Yes.
22
Q
What part of New York did you work?
23
Q All right. Let's go back. Where did you grow
23
A
Manhattan. Lower Manhattan.
24
up?
24
Q
How long were you with the New York Police
25
A New York City. Bronx, New York.
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Department?
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Page 9
A 22 years.
Q What was the rank that you —the highest rank
that you attained before you retired from New York?
A Patrolman, special assignment.
Q So after you retired from New York, what year
would that have been, 1980's?
A 1987.
Q What did you do then?
A Moved to Florida.
Q What happened atter that?
A I remained retired for awhile.
Q At some point, did you go back to work?
A I did.
Q Who did you first work for?
A I worked for a company selling cars in Delray.
Q What was the name of the company?
A I don't recall.
Q How long did you do that?
A I would say seven or nine months.
Q What year did you retire from New York Police
Department?
A '87.
Q How long before you started working for the
car dealership?
A I'm not sure.
Page 11
A Yes,
Q Okay. When was that?
A Sometime the end of'9B, beginning of'99.
Q What did you do?
A I became employed by the Gulfstream Police
Department.
Q In order to get employed by the Gulfstream
Police Department, did you have to have any training,
certifications?
A I had already been back through the Florida
Police Academy in Broward.
Q When did you do that?
A Sometime back in 1991, I believe.
Q Was that while you were working for the car
dealership?
A No.
Q What about — was that when you were working
for the police equipment store?
A Yes.
Q What led you to get your certification from
Florida?
A That was when I first joined the Florida Fish
and Wildlife, or Fish and Game at the time.
Q Now when you firstjoined Florida Fish and
Game, were you paid at that point or —
Page 10
1 Q Why did you decide to go back to work?
2 A Got bored.
3 Q That's pretty much usually the answer. How
4 old were you at the time?
5 A 48, possibly.
6 Q You're still a young guy to be retired. Now
7 after the car dealership, what did you do?
8 A I managed a police equipment store in FL
9 Lauderdale.
10
Q
What was the name of that?
11
A
Lauderdale Police Supply.
12
Q
What did they do?
13
A
They sold police equipment to police officers.
14
Q
Did they sell it to private individuals, also?
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A
Some, yes.
16
Q
How long did you do that?
17
A
Nine years.
18
Q
So we're into the mid'90s at this point?
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A
Yes.
20
Q
What did you do — why did you leave that job?
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A
Actually, I think I was laid off at the time.
22
Q
Okay. So after that job, what did you do?
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A
Idid nothing.
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Q
Okay. At some point did you get employment
25
again?
be the impetus for them to use you?
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1
A
No.
2
Q
-- still voluntary? You were a reserve
3
officer?
4
A
Yes.
5
Q
What were your duties as a reserve officer?
6
A
Basically, the same as a full-time officer.
7
Q
Did you have a set schedule?
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A
No.
9
Q
And what kind of events would they use you for
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as being a reserve officer?
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A
Water patrol, river patrol, lake patrol,
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Everglades.
13
Q
What would be an example of an event that they
14
would
activate the reserve officers?
15
A
They did not activate the reserve officers.
16
Q
Well, how would you show up for work? What
17
would
be the impetus for them to use you?
18
A
I made my own hours. 1 would call and hook up
19
with the full-time officer.
20
Q
Su it was pretty much whenever you wanted to
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do it?
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A
Basically.
23
Q
It wasn't like July 4th weekend, Memorial Day
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weekend, anything like that?
25
A
Well, I did, but I didn't have to.
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Q Like a big concert someplace and they, needed
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BY MR. HANNA:
2
the reserve officers?
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Q Does that sound right?
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A Correct.
3
A Close enough.
4
Q So after you got your certification, you were
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Q Seven or eight years you were certified before
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working at the police supply business; is that right?
5
you got thejob with Gulfstream; is that right?
6
A Yes.
6
A Yes.
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Q How long were you working at the police supply
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Q 1 -lad you applied to any other departments in
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business between getting your certifications and the
6
that seven-year period?
9
time you got hired by Gulfstream?
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A No.
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Is that one of those questions you don't
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Q What caused you to apply to Gulfstream after
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understand?
ll
seven years?
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A No. That's a question I already answered, I
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A I knew somebody that was working here.
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thought
13
Q Who was that?
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Q Well, I'm asking you again.
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A That was an officer who has since passed away.
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A Certification. I believe, was somewhere around
15
Q What was his name?
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191.
16
A Jerry Gallagher.
17
Q Okay.
17
Q When did Jerry pass away?
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A And I was employed in Gulfstream, l believe,
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A Three, four years ago.
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the end of'98, beginning of'99.
19
Q So you get hired by the Gulfstream Police
20
Q So you were certified for --my math skills
20
Department. Did you have to have any other training or
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arc terrible — six or seven years before you got
21
any updated training before you took the position with
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employed by Gulfstream; am I right?
22
Gulfstream?
23
MR. STEARNS: No. You're close. Seven to
23
A No.
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eight
24
Q Now since you left the police academy — I
25
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believe it was approximately 1965?
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A '66.
1
Q What did that training consist of?
2
Q '66. What kind of updated training or
2
A Academic, report writing, firearms, defensive
3
certifications did you have? Did you ever have any
3
driving, defensive tactics.
4
further training?
4
Q Flow long did it take you to go through the
5
A Can you be more specific?
5
Broward Police Academy?
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Q Did you have anymore training in the'70s?
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A About two, two -and -a -half months.
7
A Yes. It's always ongoing training in the
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Q In that two -and -a -half month period, was that
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police department.
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part-time training or was it full-time?
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Q What kind of training?
9
A Part-time at night.
10
A Firearms. Basically, the defensive tactics.
10
Q flow many hours at night would you say you were
11
Q What was the schedule for the updated training
11
getting trained?
12
you would receive?
12
A Four hours.
13
A No idea.
13
Q You successfully completed that?
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Q How often would you go in for training?
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A Yes.
15
A I would say usually twice a year.
15
Q So you start working for Gulfstream. What was
16
Q Twice a year, okay. Where did you go for the
16
your assignment with Gulfstream when you first started?
17
training?
17
A Patrol officer.
18
A New York City Police Academy.
18
Q What were your dudes?
19
Q Now after you left the New York City Police
19
A To patrol the city of Gulfstream.
20
Department in the '80s, did you have any updated
20
Q Did you have any other duties?
21
training before you were employed by Gulfstream?
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A At the time?
22
A Yes.
22
Q Yes, in 1998.
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Q Okay. What kind of training?
23
A No.
24
A 1 went through the police department in
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Q At some point did you become a code
25
Broward to become certified in the state of Florida.
25
enforcement officer?
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A Yes.
1
Q
What was your rank at that point?
2
Q Whcn was that?
2
A
Patrolman.
3
A I'm not sure.
3
Q
Does Gulfstream have sergeants or lieutenants?
4
Q How did you find out that you were given the
4
A
Yes.
5
added bonus of becoming a code enforcement officer?
5
Q
Where do they fit in the chain of command?
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A I was asked to do it.
6
A
Don't understand the question.
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Q What did you -what kind of training did you
7
Q
Okay. Well, you said that you reported to the
8
have for that position?
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chief.
I asked you about the chain of command.
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A None.
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Typically, chain of command is sergeant, lieutenant. Is
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Q And you don't remember what year?
10
that how it typically works?
11
A No.
it
A
Not as it pertains to code enforcement.
12
Q Well, how did this opportunity, how was that
12
Q
Well, let's talk about police. I said police.
13
presented to you?
13
Who
did you report to as police?
14
A I was asked if I wanted to do it.
14
A
Sergeant.
15
Q Okay. Was there any extra pay to be the code
15
Q
Let's go back to New York City. You were a
16
enforcement officer?
16
patrol
officer?
17
A No.
17
A
Yes.
18
Q Were you the only code enforcement officer or
18
Q
Who did you report to directly?
19
were all the officers designated code enforcement
19
A
A sergeant.
20
officers?
20
Q
Okay. Who did your sergeant report lo?
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A I was the only code enforcement officer.
21
A
A lieutenant.
22
Q So at some point you were a police officer and
22
Q
Who did your lieutenant report lo?
23
a code enforcement officer. Who did you report to as a
23
A
A captain.
24
police officer? Who was the chain of command?
24
25
MR. STEARNS: He understands the chain of
25
A Chief Ward, W -A -R -D.
25
command.
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MR. HANNA: Just making sure.
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A No.
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BY MR. HANNA:
2
Q Okay. So was your — as a code enforcement
3
Q
All right. So let's go back to Gulfstream.
3
officer, was your uniform different?
4
Who
did you report to?
4
A Yes.
5
A
Sergeant.
5
Q What was your uniform as a code enforcement
6
Q
Who directed your daily activities?
6
officer?
7
A
Sergeant.
7
A It was tan pants with a blue polo shirt with a
8
Q
So when you're a police officer, what kind of
8
badge, a large badge embroidered on it that said
9
uniform were you wearing as a police officer?
9
Gulfstream Police Department. Underneath it, it said
10
A
Blue shirt, blue pants, badge, insignia on the
10
code enforcement. The sleeve said police on each side,
11
sleeves.
11
and on the back of the collar it said police.
12
Q
What was the badge? What did it say?
12
Q So how many hours would you work in a given
13
A
Gulfstream Police Department.
13
week?
14
Q
Did you have shoulder patches, too?
14
A As?
15
A
Yes.
15
Q As a police officer, around the time that you
16
Q
And they said Gulfstream Police Department?
16
became the code enforcement.
17
A
Yes.
17
A Forty hours as a police officer.
18
Q
What about your weapons belt, what did you
18
Q How many hours would you work as code
19
have on that?
19
enforcement?
20
A
Gun, handcuffs, bullets, pepper spray, baton.
20
A A week?
21
Q
What kind of weapon?
21
Q Yes.
22
A
Smith and Wesson semi-automatic.
22
A Eight.
23
Q
Did you have pepper spray, too?
23
Q Okay. How did you split your schedule between
24
A
Yes.
24
code enforcement and police?
25
Q
Stun gun?
25
A I didn't do both at the same time.
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1 Q So you were not a code enforcement officer at
2 the same time when you're driving around as a police
3 officer?
4 A Correct.
5 Q Did you ever do any code enforcement work
6 while you were wearing your police uniform?
7 A As pertaining to — I don't know. Could you
6 define that more?
9 Q Well, did you ever investigate code violations
10 while you were wearing your police uniform?
11 A Yes.
12 Q Okay. What would be the circumstances where
13 you would change into your tan pants and your polo
14 shirt?
15 A 1 never changed into my tan pants and polo
16 shirt.
17 Q Well, I'm thinking kind of like Superman. You
18 said you had two uniforms for the different jobs, right?
19 A Correct.
20 Q During those eight hours a week, did you have
21 assigned duties as the code enforcement officer?
22 A No.
23 Q Okay. Well, when you were doing those eight
24 hours a week, what would you do, just drive around
25 looking for violations?
Page 23
Department, you never investigated one burglary?
A No.
Q Now, when you were the code enforcement
officer wearing your tan pants and polo shirt, did you
wear your gun?
A Yes.
Q Why did you wear your gun as a code
enforcement officer?
9 A Because I was also a police officer.
10 Q Okay. So you did -- it was a dual role then;
11 is that true?
12 A No.
13 Q Well, vou'rc wearing a different uniform.
14 Explain to me the different roles that you had.
15 A Asa code enforcement officer, 1 did wearmy
16 badge, gun and handcuffs. However, I did not have to
17 answver any calls, okay. I did my code enforcement work
10 Q What days of the week did you do code
19 enforcement work?
20 A I believe it was Tuesdays and Fridays.
21 Q Okay. And for two hours a day?
22 A Four.
23 Q Four hoursa day. So now when you did the
24 code enforcement work, did you ever appear at any code
25 enforcement hearings?
Page 22
A Yes. And — yes.
2
Q
Well, did you ever have a list of tasks that
3
you were supposed to accomplish as a code enforcement
4
officer?
5
A
No.
6
Q
No one ever gave you a list of investigations
7
or things to check out?
6
A
No.
9
Q
Asa police officer, did you ever do
10
investigations
as pan of your duties?
11
A
No.
12
Q
You never investigated any crimes?
13
A
No.
14
Q
You never investigated a burglary?
15
A
No.
16
Q
Did you ever arrest somebody for burglary?
17
A
No.
18
Q
Do you know what a burglary is?
19
A
Yes.
20
Q
Okay. What is a burglary?
21
A
An illegal entry into a home to commit a
22 crime.
23 Q But you never investigated one of those?
24 A No.
25 Q In the 20 years in the New York Police
Page 24
1 A I don't recall ever having done that.
2 Q Now when you would do the code enforcement
3 work, did you ever investigate complaints by town
4 residents about potential code violations?
5 A Can you repeat that?
6 Q All right. Did you ever investigate code
7 violations that were reported by a resident?
8 A Yes.
9 Q Okay. How often would you be doing that?
10 A That would vary.
11 Q Okay. Sc when you testified earlier that you
12 just drove around looking for code violations, that
13 wasn't entirely accurate, was it?
14 MR. STEARNS: Object to forth.
15 THE WITNESS: Yes, it was.
16 BY MR. HANNA:
17 Q Okay. So I asked you. did you ever have a
18 list of assignments.
19 A And I said no.
20 Q So how did you find out about these citizen
21 complaints?
22 A Either from the citizen or the town would ask
23 me to look into something.
24 Q So you don't consider the town asking you to
25 look into something an assignment?
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1
A It was nota list.
1
A On occasion.
2
Q Okay. Was it an assignment?
2
Q Did any other officers do code enforcement
3
A If you want m call it that.
3
work, loo?
4
Q Okay. Who did you report to as a code
4
A All the other officers.
5
enforcement officer?
5
Q So all the other officers were code
6
A Basically, the town clerk and the town
6
enforcement officers, too?
7
manager.
7
A Well. I don't know if you'd call them code
8
Q So you reported to the town clerk?
8
enforcement officers.
9
A Yes.
9
Q Well, most of these coastal communities, the
10
Q Okay. What about the town manager?
10
officers had a dual role of code enforcement officer and
11
A On occasion.
11
a police officer. Were you aware of that? If you're
12
Q Did the town manager ever assign you cases to
12
not,just tell us.
13
look into, complaints to look into?
13
A Not sure.
14
A Yes.
14
Q So you weren't the chief, head, only code
15
Q Well, how did that work?
15
enforcement officer in the Town of Gulfstream; is that
16
A He would ask me to go and look into an area to
16
correct?
17
see what the problem was.
17
A No.
18
Q Was that an unusual experience for you?
18
Q All the other officers were designated code
19
A No.
19
enforcement officers, too, correct?
20
Q Did it take away from your ability to drive
20
A Incorrect.
21
around looking for violations?
21
Q Okay. You were the only designated code
22
A No.
22
enforcement officer?
23
Q Now when you were on duty as a poll= officer,
23
A Correct.
24
you already said that you did code enforcement work,
24
Q Did the other officers, when they had came
25
too; is that true?
25
across a code violation, did they report to you? Is
7 (Pages 25 to 28)
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Page 27
Page 28
1
that the chain of command?
1
A I don't know; you will have to ask him.
2
A No.
2
Q Well, did you ever report to the chief about
3
Q Who would they report that to?
3
=de enforcement violations?
4
A The town clerk, I guess.
4
A On occasion.
5
Q Not the town manager?
5
Q What would be the circumstances where you
6
A Eventually it might have gotten to the town
6
would refer to him?
7
manager, I don't know.
7
A Well, if he wanted to know what 1 was doing,
8
Q Well, did you ever deal directly with the town
8
what was going on. He wanted to be kept appraised
9
manager?
9
(sic).
10
A Yes.
10
Q When you were on duty --well, what were your
11
Q For what kind of issues would you deal with
11
duties as the code enforcement officer, as the only code
12
the town manager?
12
enforcement officer? That was your testimony.
13
A Issues that required his attention.
13
A I would ride around the town checking
14
Q What kind of issues would those be?
14
construction sites, mostly looking for other violations.
15
A Couldn't give you anything specific.
15
Q Did you have a list of permits that were
16
Q Why did you leave the Gulfstream Police
16
outstanding?
17
Department?
17
A No.
18
A Because of my age. I rcdred.
18
Q You just drove around, that's all you did?
19
Q Retired? How many years did you have with
19
A Correct
20
Gulfstream before you retired?
20
Q Unless you got a task from somebody to check
21
A 15.
21
out a potential violation?
22
Q 15, okay. When you were performing =de
22
A On occasion. yes.
23
enforcement work, what was the role of the chief? When
23
Q Did the other officers get the luxury of
24
you were doing the code enforcement, what role did the
24
wearing tan pants and a polo shirt when they were doing
25
chief of police play?
25
their code enforcement work?
7 (Pages 25 to 28)
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8 (Pages 29 to 32)
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1
A No.
1
Q
How many officers were employed by the
2
Q They were dressed as police officers?
2
Gulfstream Police Department in 2012?
3
A Yes.
3
A
Couldn t tell you. Between nine and ten.
4
Q Did you have code enforcement on your police
4
Q
How many officers would be on duty at one
5
officer's uniform?
5
time?
6
A Yes.
6
A
Two. sometimes three.
7
Q Where was that?
7
Q
Now is that —
8
A Right on my chest under the badge.
8
A
Sometimes four.
9
Q So both uniforms said police department and
9
Q
How many on the road of those two or three?
10
both uniforms said code enforcement, correct?
10
A
I would say three on the road.
11
A Incorrect.
11
Q
And was that number dre same, pretty much, in
12
Q Okay. Which one doesn't have code enforcement
12
2012?
13
on it?
13
A
Couldn't tell you.
14
A Police uniform.
14
Q
Well, you were working there in 2012, weren't
15
Q It docs not say code enforcement?
15
you?
16
A No, sir.
16
A
Yes.
17
Q Well, youjust testified that the officers
17
Q
Were you ever out on the road by yourself
is
uniform, the ether officers' uniforms had code
18
where
you were the only officer on duty?
19
enforcement on it.
19
A
It's possible.
20
A 1 did not say that.
20
Q
Sole man running the for?
21
Q Okay. Well, did the other officers' uniforms
21
A
It's possible.
22
say code enforcement on them?
22
Q
That situation has happened?
23
A It did not.
23
A
On a rare occasion.
24
Q Did your police uniform say code enforcement?
24
Q
Okay. How many times have you worked where
25
A No.
25
there's just two officers on duty?
Page 31
Page 32
1
A Most of the time.
1
a cell phone.
2
Q Docs that include any administrative staff?
2
Q
Was that cell phone from the town or was it
3
A No.
3
from the
police department?
4
MR. STEARNS: Mark, I've been patient. Can we
4
A
Town pays for everything, so which answer
5
get to —
5
would
you like?
6
MR. HANNA: These are all questions about his
6
Q
Well, I'd tike to know, did you have a cell
7
role in this incident with Mr. O'Hare. He's a code
7
phone
issued by the town?
8
enforcement--
0
A
No.
9
MR. STEARNS: Let's get to the incident with
9
Q
You used your personal cell phone?
10
Mr. O'Hare.
10
A
I don't have a personal cell phone.
11
MR. HANNA: I'm trying to get some answers
11
Q
Well, did you use a cell phone while you were
12
from the witness. He's kind of being a little
12
on duty?
13
bit—
13
A
Yes.
14
MR STEARNS: Hes not being at all —
14
Q
Did you use that as a police officer?
15
MR. HANNA: Yes, hes being a little bit of an
15
A
Yes.
16
obstructionist.
16
Q
Did you use that as code enforcement?
17
MR. STEARNS: No, he's not. You just need to
17
A
Yes.
18
get to the facts of the case.
18
Q
Where did you get the phone when you — did
19
MR HANNA: I'm asking my questions.
19
you have one phone assigned to you?
20
BY MR HANNA:
20
A
No.
21
Q Did you have a radio when you were a police
21
Q
Where did you get the phone?
22
officer?
22
A
From the police department.
23
A Yes.
23
Q
It was in a big bowl that you just grabbed one
24
Q At what point did you switch to cell phones?
24
phone?
25
A Never switched to cell phones. We always had
25
A
Pretty much.
8 (Pages 29 to 32)
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Page 35
Page 34
1
Q Okay. How did someone know who to call for a
1
BY MR. HANNA:
2
given cell phone?
2
Q All right. Do you know what a search warrant
3
A When you say someone —
3
is?
4
Q Well, if someone was trying to contact you
4
A Yes.
5
from the police department, how would they know that
5
Q Did you ever apply for a search warrant in
6
they're getting Officer Ginsberg as opposed to one of
6
your career as a law enforcement officer?
7
the other officers, like Officer Gallagher!
7
A No.
8
A We had Officer One phone -- a sergeant's
B
Q Not once while you were in New York City?
9
phone, Officer One phone, Officer Two phone.
9
A Never.
10
Q So when you came on duty, you took Officer One
10
Q Not once while you were in Gulfstream?
11
phone?
11
A No.
12
A Depended on who was working.
12
Q Why do you need a search warrant?
13
Q And when you were done, you put the phone back
13
A It's an order by a judge to enable you to
14
in the bowl?
14
search a residence.
15
A Correct.
15
Q Did you ever search a residence without a
16
Q Now, when you were a code enforcement officer,
16
search warrant?
17
did you have a different cell phone?
17
A Yes.
18
A I had the extra phone.
18
Q Okay. 'When was that?
19
Q Was that from the police department or from
19
A When an alarm went off in a house, at a
20
the town?
20
residence.
21
A Police department.
21
Q And that would be exigent circumstances?
22
MR. STEARNS: I'm sorry. We're going to take
22
A Yes.
23
a break real quick. Please pause the video.
23
Q In your 30 or 40 years of police work, you've
24
(Brief Recess)
24
only had one call where you had to enter a residence
25
MR. O'HARE: Back on at 11:39.
25
under exigent circumstances?
9 (Pages 33 to 36)
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1
A
Would you repeat that, please?
1
A
No.
2
Q
You've had only one call in your entire law
2
Q
Did you ever apply for a search warrant while
3
enforcement career where you had to enter a home under
3
you were with Gulfstmam for any reason?
4
exigent circumstances?
4
A
No.
5
A
No.
5
Q
Ifyou did apply for a search warrant, who
6
Q
Okay. What other times have you done that?
6
would do that, you or one of your sergeants or
7
A
Over the years. several times.
7
lieutenants?
8
Q
Okay. So you understand the concept then?
0
A
I wouldn't know.
9
A
Yes.
9
Q
Do you know who to go to to get a search
10
Q
How many times in Gulfstream have you done
10
warrant?
it
that?
11
A
No.
12
A
Numerous times.
12
Q
Do you know Christopher O'Hare?
13
Q
But there's always a reason for it?
13
A
Do I know him?
14
A
Yes.
14
Q
Yes.
15
Q
Now, is there a difference between getting a
15
A
I know of him.
16
search
warrant when you were acting as a police officer
16
Q
Okay. You are not personal friends, of
17
as opposed to the code enforcement?
17
course?
10
A
Wouldn't know.
18
A
I don't believe so.
19
Q
Do you know what an administrative search
19
Q
When did you become aw are of Mr. O'Hare?
20
warrant
is?
20
A
I don't recall.
21
A
No.
21
Q
Well, did you sec him around town?
22
Q
You've never heard of that?
22
A
I wouldn't have known who he was.
23
A
No.
23
Q
At what point did you become aware of who Mr.
24
Q
Did you ever —I guess then you never applied
24
O'Hare was? Was there an incident?
25
for an administrative search warrant?
25
A
Yes.
9 (Pages 33 to 36)
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10 (Pages 37 to 40)
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Page 38
1
Q Okay. What was that incident?
1
Q No. What was different?
2
A He was planting shrubs or trees in the towns
2
A You said — your question was, what
3
right-of-way.
3
distinguishes me from a police officer.
4
Q What were you doing that day, when he was
4
Q Yes.
5
planting trees in the town's right-of-way?
5
A Nothing distinguishes me from a police officer
6
A Checking the construction across the street
6
other than what I was wearing at any given time.
7
from his residence.
7
Q That's exactly what I asked you, and that's
8
Q Were you a police officer that day or a code
a
what I asked you to agree with.
9
enforcement officer?
9
MR. STEARNS: You said the pants.
10
A Code enforcement.
10
MR HANNA: Yeah, the tan pants.
11
Q So you were dressed in your tan pants and your
11
BY MR. HANNA:
12
polo shirt?
12
Q What else, other than the tan pants, was
13
A Yes.
13
different from your police uniform?
14
Q Still had your gun, badge, all the equipment,
14
A My polo shin.
15
correct?
15
Q Okay. Other than your tan pants and your polo
16
A Correct.
16
shirt, what else?
17
Q What kind of car were you driving?
17
A Nothing else.
18
A Marked police unit.
18
Q Okay. Now what happened that day that you saw
19
Q So the only thing that really distinguished
19
Mr. O'Hare planting trees in the right-of-way?
20
you from a police officer were the tan pants; is that
20
A I didn't see Mr. O'Hare.
21
right?
21
Q Okay. Well, how did you become aware of Mr.
22
A Incorrect.
22
01larethen?
23
Q Okay. What else? What else about your attire
23
A I saw a violation on a residence and reported
24
or your demeanor?
24
it.
25
A Your question.
25
Q Okay. So Mr. O'Hare wasn't in the process of
Page 39
Page 40
1
planting them?
1
Q Have you had any contact with him?
2
A I have no clue.
2
A No.
3
Q Okay. Who did you report that to?
3
Q Did you ever enter the residence at 2520
4
A Town clerk.
4
Avenue Au Soleil, Mr. O'Hare's house?
5
Q What happened after you did that report?
5
MR- STEARNS: Object to form.
6
A With reference to what?
6
THE WITNESS: Define enter.
7
Q Well, what was the next action that happened
7
BY MR. HANNA:
8
regarding your report?
8
Q Go through the door and go into the house.
9
A Someone did a follow-up an it, I presume.
9
A No.
10
Q Okay. You had no part of the follow-up7
10
Q Never went into his house?
11
A I don't believe so.
11
A Never went through any door.
12
Q So who else would have done a follow-up on
12
Q Did you ever go into his house?
13
that?
13
MR. STEARNS: Object to form. Go ahead.
14
A Any other officer working.
14
THE WITNESS: I might have stepped on his
15
Q Okay. So then the other officers also did
15
foundation.
16
code enforcement work like you?
16
BY MR. HANNA:
17
A They could have.
17
Q Never actually broke through the threshold?
18
Q Okay. But you didn't follow upon that? Was
18
A I might have stepped through the threshold.
19
it Officer Garell that followed up on it?
19
Q What were the circumstances where that
20
A Ibelieve so.
20
happened?
21
Q is Officer Garell still with the police
21
A The circumstances leading up to?
22
department?
22
Q Yes.
23
A I don't believe so.
23
A i was conferring with a lawn service on his
24
Q Do you know when he left?
24
property.
25
A I have no clue.
25
Q Okay. Why?
10 (Pages 37 to 40)
Florida Court Reporting
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11 (Pages 41 to 44)
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561-689-0999
Page 41
Page 42
1
A To check and — I did not have a — he was not
1
was gone.
2
on my list of registered lawn services, and I went to
2
Q What did you review today to prepare for your
3
check him.
3
deposition today?
4
Q Okay. And what happened?
4
A 1 didn't review anything today.
5
A 1 heard a loud bang come from the back of the
5
Q Okay. You didn't look at a police report,
6
house.
6
photographs?
7
Q Okay. And what was the significance of that?
7
A No.
8
A I don't know, I went to investigate what the
6
Q So when you went to the back as a result of
9
cause was.
9
the bang. what happened?
10
Q So you heard a loud bang. What kind of bang
10
A I observed the rearof the house missing.
11
was it7
11
Q Okay. And what did you do then?
12
A Just a loud bang.
12
A I was like in shock. I thought, oh, my God,
13
Q Did it sound like a firearm?
13
the whole house is gone back here.
14
A It could have been. I don't know.
14
Q Okay. So what did you do next?
15
Q Did it sound like a hammer? Did it sound like
15
A I proceeded to get the attention of a worker.
16
something falling down?
16
No, I shouldn't say that. I proceeded to phone town
17
A Could have been any one of the three.
17
hall to see if any permits were issued to do work there.
18
Q So whenever you hear aloud bang, your first
18
Q Who did you talk to?
19
reaction is to go and investigate it?
19
A I'm not sure if it was the town manager or the
20
A Yes.
20
town clerk.
21
Q Okay. So you hear the loud bang. What do you
21
Q What were you there for originally? Is that
22
do?
22
the day that you were looking at a neighboring property?
2 3
A I proceeded to the rear of the house.
23
A No.
24
Q Okay. What happened?
24
Q That was for the trees?
25
A Where I observed the whole rear of the house
25
A That was for the trees on Mr. O'Hare s
Page 43
Page 44
1
property on the comer.
1
contractor that doesn't have the Gulfstream permit, do
2
Q You were just doing a routine patrol on the
2
you write a report every time?
3
day that you heard the loud bang?
3
A Yes.
4
A I was checking probably the house across the
4
Q Okay. And is that report a police report?
5
street which was under construction.
5
A Yes.
6
Q Okay. So you call town hall. What did you do
6
Q So getting back to you called town hall to
7
after that?
7
find out — was there a permit issued?
8
A 1 requested to know whether there were any
8
A No.
9
permits issued for construction at this residence.
9
Q Okay. W7tat did you do then?
10
Q Did you talk to the person that was ai the
10
A I tried to get the attention of some workers.
11
location?
11
Q Okay.
12
A I talked to a person.
12
A And I —
13
Q Okay. Do you know that person's name?
13
Q Why did you want their attention?
14
A I talked to more than one person. I do not
14
A Because I wished to speak to whoever was in
15
know the person's name.
15
charge.
16
Q Did you talk to the landscaper or the lawn
16
Q Did you speak to somebody who was in charge?
17
company guy out front?
17
A I spoke to someone who said he was in charge.
18
A I did.
18
Q Now when you went back into the back of the
19
Q Okay. What was the conversation you had with
19
house, nobody invited you, and you didn't have consent
20
him?
20
to go back there; is that correct?
21
A I don't recall.
21
MR. STEARNS: Object to form.
22
Q Did you take any notes about these
22
THE WITNESS: I was talking to some workers in
23
conversations?
23
the back of the house.
24
A I wrote a report as far as that goes, yes.
24
BY MR. HANNA:
25
Q When you are patrolling and you see a
25
Q So you were in the back of the house before
11 (Pages 41 to 44)
Florida Court Reporting
561-689-0999
12 (Pages 45 to 48)
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561-689-0999
Page 45
Page 46
1
you heard the bang?
1
you to the back because of the bang?
2
A No.
2
A No.
3
Q So let's just back up a second. You stopped
3
Q Okay. Why did you go into the back, because
4
because of the landscaper out front didn't have the
4
you were invited or because of the bang?
5
Gulfstream permit; is that correct?
5
A Because of the bang.
6
A Yes.
6
Q So an invitation had nothing to do with it
7
Q And you're talking to that person?
7
then?
8
A Yes.
8
A A what?
9
Q You hear a loud bang, correct?
9
Q The invitation that you werejust talking
10
A Yes.
10
about -
11
Q At that point, did anybody invite you into the
11
MR. STEARNS: Back of the yard or back of the
12
back of the house?
12
house? You guys are talking about two different
13
A Not in those words.
13
things.
14
Q Okay. Well, what words were you invited to
14
MR. HANNA: Back of the house. Well, the back
15
come into the back of the house?
15
of the house and back of the yard are the same
16
A I wasn't specifically invited. I was led to
16
area
17
believe that this person I was talking to was leading me
17
MR. STEARNS: No. One of them, you're talking
18
to the person who was in charge.
18
about crossing a threshold of the house with the
19
Q Okay. What were they doing that made you
19
missing walls, and the other one is the backyard
20
believe that?
20
where he observed that.
21
A They were pointing to a gentleman inside the
21
MR. HANNA: Okay. The backyard.
22
residence.
22
MR. STEARNS: Why did you go into the
23
Q So is this before the bang or after the bang?
23
backyard?
24
A After the bang.
24
THE WITNESS: Because of the bang that I had
25
Q So you were in— this individual was inviting
25
heard when 1 was talking to the landscaper at the
Page 47
Page 48
1
side of the house.
1
Q Okay. What did you do next for your
2
BY MR. HANNA:
2
investigation?
3
Q Okay. So then you weren't invited into the
3
A 1 did nothing. He phoned Mr. O'Hare.
4
backyard, correct?
4
Q Okay. Then what happened?
5
A No.
5
A Mr. O'Hare conveyed to him to convey tome
6
Q Okay. Now, when you went into the backyard
6
that I should leave the property.
7
and you were speaking — where did the landscaper go
7
Q Okay. And what did you do?
8
after you went into the backyard?
8
A I left the property.
9
A I have no clue.
9
Q Okay. And after you left the property, what
10
Q The person that you were speaking to in the
10
did you do?
11
backyard, do you know that person's name?
11
A I went back to the police department and wrote
12
A No.
12
up a report.
13
Q How many people were back there?
13
Q You wrote the report up immediately?
14
A Four.
14
A Pretty much.
15
Q What did you talk to the person that you
15
Q Did you take any notes while this incident was
16
thought was in charge about?
16
going on?
17
A I just asked him who was in charge.
17
A No.
18
Q Okay. And what did he say to you?
18
Q Did you take any notes while you were in your
19
A He said, I'm working for Mr. O'Hare, the
19
car?
20
owner.
20
A No.
21
Q Okay. What did you do?
21
Q When you wrote the report, was it a
22
A I did nothing.
22
handwritten report or a typed report?
23
Q Okay. So you just stood there? That was the
23
A Typed.
24
end of the conversation, end of your investigation?
24
Q How long did it take you to do that report?
25
A No.
25
A 30,40 minutes.
12 (Pages 45 to 48)
Florida Court Reporting
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Page 49
1 Q Now typically, when you did the reports,
2 typically when you do the reports, do they have to be
3 approved by somebody?
4 A Yes.
5 Q Who approves them?
6 A Whatever supervisor is on duty at the time.
7 Q Okay. Now when you did the report, did you
8 rum it into the supervisor within a day or two?
9 A I turned the report in immediately to town
10 hall.
11 Q Okay. So after you turned the report in, what
12 was the next thing that happened regarding that
13 incident?
14 A I don't know.
15 Q Did you have anymore involvement in
16 investigating anything more with that incident or the
17 O'Hare residence?
18 A Yes.
19 Q Okay. What did you do?
20 A I was notified to meet the building inspector
21 from Delray Beach at town hall.
22 Q Okay. Who was the building inspector?
23 A I believe his name was Tobias.
24 Q Who instructed you to meet him?
25 A Town clerk.
Page 52
1 Q What did you do with the computer -stored
2 image?
3 A I retained it.
4 Q Do you still have that?
5 A Yes,
6 Q In your possession or is it in the towns
7 possession?
8 A I believe both.
9 Q Did you bring that with you today?
10 MR. STEARNS: He was instructed, as my client,
11 not to bring anything since the notice was not
12 timely.
13 MR. HANNA: The notice wasn't?
14 Mit. STEARNS: Yes. It has to be 30 days in
15 advance under the rules.
16 MR. HANNA: It's ten days for the subpoena.
17 I'll take it up with thcjudge.
18 MR. STEARNS: He's a party. Remember, you
19 guys sued him, so he gets 30 days.
20 MR. HANNA: It would be within the request for
21 production.
22 BY MR. HANNA:
23 Q With that image, did you take any other
24 photographs of the property?
25 A That day?
13 (Pages 49 to 52)
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Page 51
1
property?
2
A
Yes.
3
Q
Okay. When did you take the photographs?
4
A
Probably that same day or possibly a day
5
after.
Correct.
6
Q
Was it the day that you heard the loud bang
7
that you took the photographs?
8
A
I think I took one photograph.
9
Q
Okay. Why did you take photographs?
10
A
To show --to document the deconstruction of
11
the house.
12
Q
Now after you took that photograph, what did
13
you do with it?
14
A
I handed it to town hall.
15
Q
What kind of camera did you use?
16
A
A Nikon.
17
Q
Was it a film camera or a digital camera?
18
A
Digital.
19
Q
And was that your camera or department -issued
20
camera?
21
A
My camera.
22
Q
Now when you turned over that image, did you
23
tum it
over on an SD card or did you just print it out
24
and tum it over?
25
A
Printed it out.
Page 52
1 Q What did you do with the computer -stored
2 image?
3 A I retained it.
4 Q Do you still have that?
5 A Yes,
6 Q In your possession or is it in the towns
7 possession?
8 A I believe both.
9 Q Did you bring that with you today?
10 MR. STEARNS: He was instructed, as my client,
11 not to bring anything since the notice was not
12 timely.
13 MR. HANNA: The notice wasn't?
14 Mit. STEARNS: Yes. It has to be 30 days in
15 advance under the rules.
16 MR. HANNA: It's ten days for the subpoena.
17 I'll take it up with thcjudge.
18 MR. STEARNS: He's a party. Remember, you
19 guys sued him, so he gets 30 days.
20 MR. HANNA: It would be within the request for
21 production.
22 BY MR. HANNA:
23 Q With that image, did you take any other
24 photographs of the property?
25 A That day?
13 (Pages 49 to 52)
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Page 50
1
Q
Was it Mr. Thrasher?
2
A
Possibly so.
3
Q
Well, wus it —the town clerk is Rita Taylor,
4
correct?
5
A
Correct.
6
Q
And the town manager is William Thrasher?
7
A
That's correct.
8
Q
Okay, Obviously, they're a male and a female?
9
A
Yes.
30
MR. STEARNS: Which one told you to go there?
11
MR. HANNA: Yes.
12
BY MR. HANNA:
13
Q
Which one told you?
14
A
I believe the town clerk, Rita.
15
Q
Okay, So when you went there, what happened?
16
A
I accompanied the building inspector there.
17
Q
Okay. How were you dressed that day?
18
A
My code enforcement uniform.
19
Q
Okay. What happened when you went there?
20
A
The building inspector proceeded to knock on
21
the door on the front and proceeded to knock on the door
22
on the
side before he attached a Stop Work Order.
23
Q
Did you do any further investigation of it?
24
A
No.
25
Q
Did you ever take any photographs of the
Page 52
1 Q What did you do with the computer -stored
2 image?
3 A I retained it.
4 Q Do you still have that?
5 A Yes,
6 Q In your possession or is it in the towns
7 possession?
8 A I believe both.
9 Q Did you bring that with you today?
10 MR. STEARNS: He was instructed, as my client,
11 not to bring anything since the notice was not
12 timely.
13 MR. HANNA: The notice wasn't?
14 Mit. STEARNS: Yes. It has to be 30 days in
15 advance under the rules.
16 MR. HANNA: It's ten days for the subpoena.
17 I'll take it up with thcjudge.
18 MR. STEARNS: He's a party. Remember, you
19 guys sued him, so he gets 30 days.
20 MR. HANNA: It would be within the request for
21 production.
22 BY MR. HANNA:
23 Q With that image, did you take any other
24 photographs of the property?
25 A That day?
13 (Pages 49 to 52)
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Page 53
Page 55
Page 54
1
Q The day of die bang. you took one photograph,
1
BY MR HANNA:
2
correct?
2
Q Okay. So you go for the bang incident, number
3
A I believe so.
3
one. You go back with Mr. Tobias, it's number two.
4
Q Okay. Did you take any other photographs
4
When did you go and take the photographs, would it be
5
after that day?
5
the third incident?
6
A I believe so.
6
MR. STEARNS: Object to form.
7
Q When did you take those photographs?
7
]HE WITNESS: Don't recall.
8
A I couldn't give you the dates offhand.
8
BY MR. HANNA:
9
Q So when you went back with Mr. Tobias the next
9
Q Okay. But it was a separate time from the
10
day, did you take photographs?
10
bang and Mr. Tobias?
11
A It wasn't the next day.
11
A Yes.
12
Q Okay. So you went back a third time to take
12
Q Why did you go back and take photographs?
13
the photographs, correct?
13
A Il was an ongoing investigation.
14
A Possibly.
14
Q Okay. Were you instructed to go take the
15
Q Possibly. I mean, ifyou didn't do it the
15
photographs?
16
first day, you didn't do it the second day, so —
16
A No.
17
A I believe so.
17
Q Did you get a warrant to go take the
18
MR, STEARNS: Object Wait a minute. You're
18
photographs?
19
misstating his testimony. Object to form.
19
A Didn't need one.
20
BY MR. HANNA:
20
Q Why not?
21
Q Well, was it a third visit that you went and
21
A Because I was not entering upon the property.
22
took the photographs?
22
Q Where did you take the photographs from?
23
MR. STEARNS: He went back with Tobias the day
23
A Outside the fenced line of property.
24
of
24
Q Okay. How did you do that?
25
Yes.
25
A By holding my camera up in the air.
19 (Pages 53 to 56)
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561-689-0999
Page 55
Page 56
1
Q
Over top of the fence?
1
A
No.
2
A
Well, over the fence, obviously. I ligher than
2
Q
And your report was completed within two days?
3
the fence.
3
A
Some day.
4
Q
How tall are you?
4
Q
Same day?
5
A
Five nine -and -a -half.
5
A
Yeah.
6
Q
And the fence was six feet tall?
6
Q
Did you sign off on that report?
7
A
Couldn't say.
7
A
Yes.
8
Q
Okay. So you took your camera above your head
8
MR. HANNA: What number are we on?
9
and snapped the photographs?
9
THE COURT REPORTER: 10.
10
A
That would be correct.
10
(Thereupon, Plaintiffs Exhibit No. 10 was
11
Q
Okay. How many photographs did you take?
11
marked for identification and copies attached hereto.)
12
A
1 don't recall.
12
BY MR. HANNA:
13
Q
Did you turn all the photographs in to the
13
Q
I'm going to show you what's being marked as
14
police
department or to the town hall?
14
Exhibit 10 to the deposition. Take a lock at that.
15
A
1 believe so.
15
A
Okay.
16
Q
Okay. Now after you look the photographs, the
16
Q
Does your signature appear on that?
17
third visit where you took the photographs, when was the
17
A
Yes.
18
nevi time you went to the property?
16
Q
What's the date by your signature?
19
A
I don't know.
19
A
There is no date by my signature.
20
Q
Did you do any further investigation of that
20
Q
Well, did you sign it pretty much the same
21
incident?
21
date of
the incident?
22
A
Such as?
22
A
The incident— the date on this report is
23
Q
Such as — you're the code enforcement
23
10-28.
24
officer.
I'm asking you, what did you do after you took
24
Q
Okay. Now going to the report. you indicate
25
the photographs? Did you do anymore investigation?
25
that you were in the vicinity of 2520 Avenue An Soleil
19 (Pages 53 to 56)
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9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 57
and you observed a lawn service. Was that fact alone
significant?
Well, strike that. What was the reason why
you were concerned about that lawn service?
A I didn't see them on my list of registered
companies.
Q Now does Gulfstream issue permits to
contractors, like a sticker?
A Yes.
Q Now when they weren't on the list, what did
you do? Have you had a chance to look at your report?
A I approached the lawn service people.
Q Did you make any reference about immigration
status?
A No.
Q Areyou —as part of your duties as a law
enforcement officer in Florida, are you authorized or
empowered to investigate immigration?
A No.
Q Now you said in the report you heard banging
coming from the rear of the house.
A Correct.
Q What kind of banging were you hearing?
A 1 told you, I heard aloud bang.
Q Just one bang, not banging?
Page 59
A Because it was a known fact that there was
nobody living in that house at the time.
Q How was it a known fact?
A 1 have no clue. Word gets around that nobody
is living in this house or that house. Checked it out
or observed through observation, or whatever.
Q Does Gulfstream police have a list of
homeowners that go up north for the summer?
A I believe they did, yes.
Q People want the police department to check on
their houses, keep a special eye on it while they're
snowbirds?
A True.
Q Okay. Was there a list of also the houses
that are unoccupied?
A I believe there was.
Q What did you refer to to determine whether the
house was unoccupied?
A I don't understand your question.
Q Well, was there a list, or just remembered
that it was unoccupied?
A 1 don't recall.
Q Could you tell from where you were standing
that the house was unoccupied?
A Somewhat
Page 58
1 A I dont recall.
2 Q A gunshot instead of hammer?
3 A Could have been a canon, I do not know.
4 Q So it was that loud, a canon?
5 A It was loud.
6 Q All right. Now you said in there that there
7 were two burglaries of unoccupied houses. Is that true'?
8 A That 1 said it or that it actually happened?
9 Q That it actually happened.
10 A As far as I know it did.
11 Q How did you become aware of these two
12 burglaries?
13 A All crimes in the city are well known, and
14 reports are written and the officers know about them.
15 We discussed it.
16 Q So these two burglaries occurred?
17 A I think one was a burglary and one was an
18 attempted burglary.
19 Q Okay. It wasn't a breaking and entering?
20 Strike that. So you said that you went to
21 investigate because you hew the house was unoccupied;
22 is that right?
23 A Yes.
24 Q How did you know that the house was
25 unoccupied?
Page 60
1
Q
Well, tell me what led you to believe the
2
house
was unoccupied.
3
A
Well, I knew the house was unoccupied.
4
Q
How did you know it was unoccupied?
5
A
Because I was told it was unoccupied
6
Q
Who told you?
7
A
I don't recall.
8
Q
There was nothing from tire street, though,
9
that indicated the house was unoccupied?
10
A
The shades were always drawn.
11
Q
Okay. So that makes a house unoccupied,
12
because of shades?
13
A
Well...
14
Q
What else?
15
A
I knew it was unoccupied.
16
Q
Well, you had personal knowledge that no one
17
was living in that house?
18
A
Yes.
19
Q
Okay. How? What was your personal knowledge?
20
A
I was told that.
21
Q
Okay. That's your personal knowledge, you
22
were told?
23 A Yes.
24 Q Okay. So what we have, your basis for
25 determining the house was unoccupied was some unknown
Florida Court Reporting
561-689-0999
15 (Pages 57 to 60)
16 (Pages 61 to 64)
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561-669-0999
Page 61
Page 62
1
person told you it was unoccupied and shades were drawn.
1
Q Now when you went into the back of the house,
2
That summarizes it?
2
he"- did you get to the back of the house? Did you have
3
A Basically.
3
to go through a gate?
4
Q Okay. Did you think that a burglary aas in
4
A 1 didn't go in the back of the house.
5
progress in that house?
5
Q Well, into the backyard, the curtilage.
6
A Could have been.
6
A Okay.
7
Q Okay. Noe, you went into die rear of the house
7
Q Do you know what curtilage is?
B
and you said that you saw two vans.
8
A I believe I do.
9
MR, STEARNS: By house, you mean yard?
9
Q Okay. As a law enforcement officer, you
10
MR. HANNA: The yard in the back of the house.
10
probably had training in that. Was there a fence around
11
BY MR HANNA:
11
the back of the house?
22
Q Did you — had you seen those vans on the
12
A I don't recall.
13
property before that time?
13
Q Okay. Did you have to go through a gate to
14
A No.
14
get to the back of the house?
15
Q Okay. What was the significance of the house
15
A I might have.
16
being unoccupied? Why was that an important detail?
16
Q When ,you went into the backyard area of the
17
A Inasmuch as what?
17
house, what did you see?
18
Q Well, why did you feel to note that. the need
18
A Two vehicles parked by the swimming pool.
19
to note that in your report?
19
Q Did they have the Gulfstream stickers?
20
A Because that's why I investigated, when 1
20
A 1 did not look
21
heard the bang.
21
Q What else did you notice about the property
22
Q Okay. Because it was unoccupied?
22
when you went and were standing in the backyard?
23
A I thought the house was unoccupied. Nobody
23
A That the whole rear of the house was missing.
24
should be living there and there should be no noise
24
Q What else did you see?
25
coming from the back of the house.
25
A That the house was totally devoid of all
Page 63
Page 64
1
sheetrock. The walls were bare.
1
appears to be a date and time stamp. Do you sec that?
2
Q How many workers were present when that
2
A Um-hmm.
3
occurred?
3
Q Is that accurate to the time, date and time
4
A I could not say.
4
that you took the photograph?
5
MR. HANNA: Let's take a quick break for a
5
A It should be. I couldn't swear to it.
6
second.
6
Q Does it look like the approximate time?
7
MR. O'HARE: Going off at 12:10.
7
A I guess. I don't know. I'm not sure.
8
(Brief Recess)
8
Q And trot's military time, correct?
9
MR. O'HARE: 12:19. resuming.
9
A No.
10
MR. HANNA: I'm going to mark this as Exhibit
10
Q What time does it have on that?
11
11 end Exhibit 12.
11
A 11:34.
12
(Thereupon, Plaintiffs Exhibit Nos. I I and 12
12
Q Okay. Just to back up a second, when you
13
were marked for identification and copies attached
13
wrote your police report, did you do that on a
14
hereto.)
14
department computer?
15
BY MR. HANNA:
15
A Yes.
16
Q Referring you to what's been marked as
16
Q Okay. How many computers do they have in the
17
Plaintiffs Exhibit, for deposition. Exhibit 11, can you
17
department for use by the officers?
18
tell me what that is?
is
A One.
19
A I'm sorry, can you repeat that question?
19
Q And do you have a personal computer that you
20
Q Referring to what's been marked as Deposition
20
ever used for work?
21
Exhibit 11, can you tell me what that is?
21
A No.
22
A Photograph of the back of Mr. O'Hare's house.
22
Q So everything that was done, related to your
23
Q Did you take that photograph?
23
report, was on the police department computer?
24
A I did.
24
A CormcL
25
Q And on the bottom right-hand comer there
25
Q And your badge number was 737?
16 (Pages 61 to 64)
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17 (Pages 65 to 68)
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Page 65
Page 67
Page 66
1
A Correct.
1
changes with that photograph?
2
Q Getting back to the photograph, were you still
2
A Yes.
3
at the hoose investigating — was that during the time
3
Q Okay. What were the changes that you noticed?
4
that you were conducting the initial investigation,
4
A Well, the shutters are down.
5
Exhibit 11?
5
Q What is the date and time stamp on that
6
A Yeah, this was probably at the time.
6
photograph?
7
Q Where did you take that photograph? Where
7
A That's 1 o'clock, 1:14.
8
were you standing?
8
Q And that's military time? 13:14 is 1:14?
9
A Probably outside the fence.
9
A Yes.
10
Q Okay. That was one of the photos that you
10
Q Okay. And that was taken on October 28th.
11
took with your camera, standing with the camera over top
11
2011?
12
of the fence?
12
A Yes.
13
A I believe so.
13
Q So you went back that same day and took more
14
Q Okay. And that was at the back of the subject
14
photographs?
15
property, correct?
15
A That was probably taken at the time that the
16
A Correct
16
Stop Work Order was posted.
17
Q Now referring you to — does that fairly and
17
Q And that's when you went back with Mr. Tobias?
18
accurately depict the way the house looked when you took
18
A Yes.
19
the photograph?
19
Q Okay. Where did you take that photograph
20
A Pretty much.
20
from, what vantage point?
21
Q Referring you to Deposition Exhibit 12, can
21
A Over the fence.
22
no take n look at that?
22
Q Now when you took these photographs, you were
23
A Okay.
23
standing right next to the fence?
24
Q Does that fairly and accurately depict the
24
A Somewhat.
25
property when you took that photograph? Is there any
25
Q I mean, within five feet of the fence?
17 (Pages 65 to 68)
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561-689-0999
Page 67
Page 6B
1
A
(Witness nods head.)
1
the town's right-of-way.
2
Q
Okay. How many photographs did you take the
2
Q So there's a right-of-way between the
3
first time,
when you were there at I I — whatever that
3
neighboring property and --
4
time is, 11:34?
4
A No.
5
A
I couldn't tell you.
5
Q Okay.
6
Q
Did you take more than one?
6
A I was not on the neighboring property.
7
A
I don't know.
7
Q You weren't standing on the property of 2516
8
Q
Is it possible you took more than one?
B
Avenue Au Soleil?
9
A
It's possible.
9
A No.
10
Q
When you went back with Mr. Tobias around 1:15
10
Q But you were within five feet of the fence
11
that afternoon. how many photographs did you take?
11
when you took this photograph, correct?
12
A
I don't know.
12
A Yes.
13
Q
Was it more than, say, ten?
13
Q Now did you ever go back and take additional
14
A
I'm sure it wasn't ten.
14
photographs of that property?
15
Q
Okay, so less than ten. What about five?
15
A I may have.
16
A
Probably less than five.
16
Q What was the reason you went back?
17
Q
Okay. So it's possible that there are other
17
A Just to see the progression. It's an ongoing
18
photographs besides those two?
18
construction site.
19
A
Yes.
19
Q Why did you feel the need to check the
20
Q
Now after— when you were taking those
20
progression?
21
photographs, you were on the property of the adjacent
21
A I always check the progression of construction
22
house:
is that true?
22
sites to see if there is any further violation.
23
A
No.
23
Q Was there anything special about Mr. O'Hare?
24
Q
Where were you?
24
A No.
25
A
I was behind the fence on what I believe is
25
Q Did you ever talk to Mr. O'Hare directly about
17 (Pages 65 to 68)
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18 (Pages 69 to 72)
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Page 70
1
the work and what was happening at his property?
1
BY MR. HANNA:
2
A Never.
2
Q Also as a code enforcement officer, not all
3
Q Never called you Barney Fife?
3
work on a property requires a permit; isn't that
4
A No.
4
correct?
5
Q Never made any conunenls about workers and
5
A Correct.
6
Walmart?
6
Q Did you know John Gundlach?
7
A I did not speak to him. I didn't even know
7
A Don't know the name.
e
who he was.
8
Q Okay. Do you remember ever talking to
9
Q Did you ever make any comments about Walmart
9
Mr. Gundlach about Mr. O'Hare?
10
going in across the street?
10
A I don't know the time. I don't know who that
11
A No.
11
is.
12
Q You're familiar with Walmart, that at that
12
Q Well, did you ever talk to a worker at 2520
13
time they were planning a Walmart across from the Avenue
13
Avenue An Soleil about Mr. O'Hare?
14
An Soleil development?
14
A No.
15
A Yes.
15
Q Did you ever go back to that property again
16
Q Now as a code enforcement officer— how long
16
after October 28th, 2011?
17
were you a code enforcement officer?
17
A Yes.
18
A Five, six years.
18
Q Okay. When did you go back to that property?
19
Q Did you ever come across a property that was
19
A I couldn't tell you.
20
under renovation where people were still living in it?
20
Q Did you ever go up to the front door and
21
A Yes.
21
knock?
22
Q Okay. That wasn't an uncommon occurrence,
22
A I belief e 1 did.
23
correct?
23
Q Okay. Does December 27, 2011 sound about
24
MR. STEARNS: Object to form.
24
right?
25
THE WITNESS: No.
25
A I don't know the date.
Page 71
Page 72
1
Q What was the reason you were going to that
1
second time and knocked on the door, do you remember
2
property?
2
doing that, to deliver the notice?
3
A I was asked by the town clerk to deliver a
3
A Yes.
4
notice for the town.
4
Q Did somebody answer the door?
5
Q What was the notice for?
5
A Yes.
6
A I don't know.
6
Q And what did you say to them?
7
Q That was from Rita Taylor, not from Mr.
7
A 1 don't recall.
8
Thrasher?
8
Q You don't remember saying, "When I'm knocking
9
A I don't know.
9
on your door you need to answer immediately"?
10
Q Okay. So it could have been Mr. Thrasher?
10
A No, I did not make that statement.
11
A It's from the town, so I don't know who
11
Q That's not something you would say?
12
handles it.
12
A Not something I would say.
13
Q Well, there's a difference between the town
13
Q Did you question them who was in the house?
14
clerk and the town manager, isn't that true?
14
A No.
15
A That's true.
15
Q What was your — what did you do when you —
16
Q Okay. And as the code enforcement officer,
16
you knocked on the door, somebody answered. What
17
who did you report to, the town clerk or the town
17
happened?
18
manager?
18
A I asked them to sign for a letter from the
19
A Both.
19
town.
20
Q They were both in your chain of command?
20
Q That was the extent of it?
21
A Yes.
21
A Yes.
22
Q As you understood it?
22
Q You never made a statement that, "Our antenna
23
A (Witness nods head.)
23
is up with this guy"?
24
Q All right. Did you ever make a statement —
24
A No.
25
well, when you went up to the house on that date, that
25
Q Ever made a statement. "We are watching him
18 (Pages 69 to 72)
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1
closely"?
1
be prosecuted?
2
A No.
2
A All depends on what they're doing.
3
Q Never made a statement, "Everybody at town
3
Q Well, for code enforcement violations, are
4
hall knows about him"?
4
those a criminal offense?
5
A Who am 1 making this statement to?
5
A No.
6
Q The person that answered the door.
6
Q When you went back there to deliver that
7
A No.
7
letter, was the house occupied at that point?
8
Q Well, did you ever make that statement to
8
A Couldn't tell you.
9
anybody else?
9
Q Did you go anywhere but the front door?
10
A No.
10
A No.
11
Q Did you ever say —ask the person that
11
Q Did you go — do you recall going back the
12
answered the door, "Is he doing anything illegal beyond
12
next day and taking photographs of the house?
13
the scope of the permit"?
13
A I don't.
14
A No.
14
MR HANNA: Mark this as 13.
15
Q Is that a question that you would ask as a
15
(Thereupon, Plaintiffs Exhibit No. 13 was
16
code enforcement officer?
16
marked for identification and copies attached hereto.)
17
A No.
17
BY MR. HANNA:
18
Q Did you make a statement to that person,
18
Q Can you take a look at those?
19
"Don't do anything illegal if he," Mr. O'Hare, referring
19
A Yes.
20
to Mr. O'Hare, "asks you to"?
20
Q Have you had a chance to look at them?
21
A No.
21
A Yeah.
22
Q Did you ever make a statement that, "Don't do
22
Q Can you tell me what those arc?
23
anything illegal or you can be prosecuted"?
23
A Those are photographs of the trees that were
24
A No.
24
planted in the town's right -of --way.
25
Q If somebody did something illegal, they could
25
Q Is there a date and time stamp on those
19 (Pages 73 to 76)
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i
photographs?
1
somebody told you to go and investigate that, or was
2
A Yes, there is.
2
that something you did on your own?
3
Q Did you use the same camera that you did for
3
A I was told to.
4
Exhibits I I and 12?
4
Q Okay. Who told you to do that?
5
A Yes.
5
A Bill Thresher.
6
Q What are the date of those photographs?
6
Q And what was the reason? Did he give you a
7
A 11-22-2011.
7
reason why he wanted you to go there?
8
Q Okay. What was your purpose of taking those
8
A Yes.
9
photographs?
9
Q What was the reason?
10
A To show that the trees were planted in the
10
A To see if the trees were planted on the town's
11
town's right-of-way.
11
right-of-way.
12
Q How did you determine they were in the town's
12
Q Do you know how Mr. Thrasher became aware of
13
right-of-way?
13
those?
14
A I measured the distance from the center of the
14
MR. STEARNS: Object to form. You can answer.
15
road to the point where the trees were. And knowing
is
I forgot to tell you, but when I object to the
16
where the town's right-of-way was from that center point
16
form you still answer unless I tell you not to
17
back towards the house gave me the town's right-of-way
17
answer.
18
on the property.
18
THE WITNESS: I'm sorry, repeat the question.
19
Q Okay. Do you have any training as a surveyor?
19
BY MR. HANNA:
20
A No.
20
Q Did you know why Mr. Thrasher asked you to
21
Q Now when you did that, what did you use to
21
investigate those trees?
22
measure?
22
A Ifl recall, I believe he thought they were in
23
A Tape measure.
23
the tow n's right -of --way.
24
Q And as a result of—as a result of— well,
24
Q Okay. And when you went out there, you used
25
go back a second. When you took those photographs, had
25
your tape measure, you took the photographs. What did
19 (Pages 73 to 76)
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1
you do then?
1
Q Okay. Is there anything you could look at to
2
A Reported back to town hall, to Mr. Thrasher.
2
determine if you had anymore involvement?
3
Q How did you determine where the center of the
3
A Well, there was a report wTiam by another
4
road vas?
4
officer.
5
A 1 think there is a — I'm not sure if there is
5
Q Well, did you write a report about that one,
6
a marker in the center of the road or not.
6
that incident?
7
Q Was it the line that goes down the center of
7
A I believe I did.
8
the road?
8
Q Okay. And who did you give the report to?
9
A No. I'm not sure if there's a surveyor's mark
9
A The town clerk, Rita.
10
there or not at that point.
10
Q That would have been a police report?
11
Q So you normally would have used the surveyor's
11
A Excuse me?
12
mark to determine whether that was the center of the
12
Q Would that have been a police report?
13
road?
13
A Well. I consider all reports police reports.
14
A If there is one, yeah.
14
Q Okay. Well, when you would do work as a code
15
Q What other involvement did you have with the
15
enforcement officer, when you turned your report in, who
16
trees after that date?
16
did you give it to?
17
A Regarding?
17
A Depended on the severity of the situation.
18
Q Were there any code enforcement violations
18
Sometimes I would tum it into the chief, sometimes 1
19
issued? Did you go back and put any kind of notices on
19
would also tum it into the town clerk.
20
the house?
20
Q Okay. What if it was something like trees in
21
A No.
21
the right-of-wrty9
22
Q So your involvement with that incident
22
A That was reported to the town clerk, Rita.
23
regarding the trees in the right -of -tray ended after you
23
Q Now would the police department maintain a
24
handed your report in; is that correct?
24
copy of that?
25
A As far as I know.
25
A Possibly.
Page 79
Page 80
1
Q Was the report different from the form that
1
inspections, that you take photographs of ongoing
2
you used, as indicated in Exhibit 10?
2
construction. Do you recall saying that'?
3
A No.
3
A No.
4
Q So it's the same thing?
4
Q Okay. Well, do you ever just take photographs
5
A Same report.
5
of ongoing construction sites in the town?
6
Q It would have said Gulfstream Police
6
A Not for no reason.
7
Department?
7
Q Okay. So if you took photographs on
8
A Yes.
8
December 28, there would have been a reason for that; is
9
Q Okay. The next day after you look those
9
that right?
10
photographs, did you go back to the residence?
10
A Yes.
11
A I couldn't tell you. I don't recall.
11
Q Do you remember what that reason was?
12
Q Did you ever go by Mr. O'Hare's property again
12
A Construction violations.
13
and take photographs when you were driving by in your
13
Q Okay. What construction violations did you
14
car?
14
see on December 28. 2011?
15
A Photographs of what?
15
A The whole house was deconstructed. The whole
16
Q Of the property.
16
back of the house was gone.
17
A I couldn't say.
17
Q Not October 28. This is two months later, the
18
Q Okay. Well, you'%a already indicated that you
18
day after you took the photographs of the trees in the
19
go around looking for violations as pail of your duties;
19
right -or -way.
20
is that right?
20
A Okay.
21
A Um -lump.
21
Q What was the reason you took —
22
Q Do you take photographs of construction sites?
22
MR. STEARNS: I'm sorry, but you're making
23
A I don't understand the question.
23
misrepresentations about dates. The trees in the
24
Q Well, you testified earlier that you take
24
right-of-way are November 27th. Now you're talking
25
photographs when you're driving around doing your
25
about December -something.
20 (Pages 77 to 80)
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Page 62
1
MR. HANNA: Yeah. I got the date —
1
MR STEARNS: So one ofyour people says that
2
MR. STEARNS: There is more than a month in
2
he took photographs?
3
the middle of those dates.
3
MR HANNA: Yes.
4
MR. HANNA: All right. I apologize for that
4
BY MR. HANNA:
5
It is true.
5
Q So those photographs. if the department
6
BY MR. HANNA:
6
doesn't have them, they would be in your possession?
7
Q On December 27th, you went to the property to
7
A Some might be. yes.
8
deliver the notice. The next day you went back and took
8
Q Okay. When you printed the police report out
9
photographs of the property. What was the reason to go
9
that you did, Exhibit 10, is that from a department
10
back the next day and take photographs?
10
printer or from the town's printer?
11
A I don't recall.
11
A Department.
12
Q But there would have been a reason for you to
12
Q Okay. Are the town's —the police
13
take the photographs?
13
departnenfs computers and the town's computers linked,
14
A I don't recall.
14
do you know?
15
Q Do you still have those photographs?
15
A I don't know.
16
A Possibly.
16
Q Did you ever do any work on a computer in town
17
Q Did you always turn your photographs into the
17
hall as opposed to the police department?
18
department?
18
A No.
19
A No.
19
Q Okay. Do you recall going back to the
20
Q So you keep some of them personally?
20
property at 2520 Avenue Au Soleil regarding inspecting
21
MR. STEARNS: Can 1 ask what good faith basis
21
workers'vehicles?
22
you have to tell him that he took photographs on
22
A No.
23
that date?
23
Q Did you ever come across Mr. O'Hare in his
24
MR. HANNA: He was witnessed taking
24
driveway, and that you got out of your car and you stood
25
photographs.
25
with your hands on your hips staring at him?
21 (Pages 81 to 84)
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Page 84
1
A
No.
1
violation.
It's not allowed.
2
Q
Okay. Never happened?
2
Q
So nobody can have a trailer to load stuff on
3
A
Never happened.
3
their property?
4
Q
Okay. Are you familiar with that allegation?
4
A
Not across their lawn.
5
A
I don't know what allegation you are referring
5
Q
What code section are you referring to?
6
to.
6
A
I couldn't tell you offhand.
7
Q
Well, that Mr. O'Hare was getting into his
7
Q
Okay. It'sjust one of those sections that
8
car, and you stopped, got out of your car, and you had
a
you knew?
9
your hands
on your hips and you were staring at him for
9
A
It's pretty much common sense.
10
about
three minutes.
10
Q
What, you can't park a trailer on your front
11
A
Neverhappened.
11
yard?
12
Q
Do you recall an incident where Mr. O'Hare had
12
A
On the lawn?
13
a large trailer in his driveway and you stopped to talk
13
Q
Yeah.
14
to him
about it?
14
A
No.
15
A
Yes.
15
Q
Other than it being dangerous for the grass,
16
Q
Okay. What happened on that date?
16
what other problems are there that is common knowledge?
17
A
I observed a trailer not on his driveway, but
17
A
You will have to check the code on that one,
18
across
his entire lawn.
18
but it's
a violation of the town's code.
19
Q
Okay. And what was the problem with that?
19
Q
Did you do an incident report on that?
20
A
It's a violation of the town's code.
20
A
I did
21
Q
To park a trailer on your lawn?
21
Q
And again, was that something on the same
22
A
Across the lawn, yes.
22
format
or same form as Exhibit 10?
23
Q
Okay. How long does it have to be there for
23
A
Correct.
24
it to be a violation of the code?
24
Q
It would have the Gulfstream Police Department
25
A
It shouldn't be any time on that kind of a
25
on it?
21 (Pages 81 to 84)
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561-689-0999
Page 85
1 A Correct
2 Q Did you ever see Mr. O'Hare at 2516 Avenue
3 Au Soleil?
4 A On that day.
5 Q Okay. That's the adjacent property to the
6 property that was under construction?
7 A Correct.
8 Q Is that where the trailer incident occurred?
9 A Yes.
10 Q So what did you do when you saw the trailer on
11 the yard? What happened?
12 A Are you talking the front lawn?
13 Q Yes.
14 A I had parked my vehicle across the
15 intersection and walked across the intersection. Mr.
16 O'Hare came out of his house. 1 had never met him
17 before, and 1 said, "Are you Mr. O'Hare?" And he said,
18 "Yes." And 1 said, "How long is this trailer going to
19 be here?" And he said, "It won't be here long, I'll
20 have it removed within the hour." 1 said, "Fine", and I
21 left.
22 Q Were there any active permits, building
23 permits for 2516 Avenue Au Solcil when you saw the
24 trailer?
25 A 1 couldn't tell you.
Page B7
1 attorney.
2 Q Okay. Is there anything you could review that
3 might refresh your recollection? Do you have an
4 incident report?
5 A 1 couldn't say.
6 MR STEARNS: If you have something, throw it
7 out there.
8 BY MR HANNA:
9 Q When you were in the New York City Police
10 Department, did you ever have any kind of internal
11 investigations?
12 A Yes.
13 Q Okay. For what?
14 MR STEARNS: How is this possibly relevant to
15 anything, Mark?
16 MR HANNA: It goes to his —
17 MR STEARNS: No, it doesn't.
18 MR HANNA: -- mental state. Are you
19 instructing him not to answer?
20 MR. STEARNS: 25 years ago?
21 MR HANNA: Arc you instructing him not to
22 answer?
23 MR STEARNS: I'll let him answer quickly, but
24 if you're going to harass him with this for
25 awhile —
Page 88
THE WITNESS: It's 35 years ago.
MR. FIANNA: So your math skills are no better
3 than mine.
4 MR. STEARNS: Tell him what you remember, if
5 you remember anything.
6 THE WITNESS: I saw a person in the subway at
7 3:00, 4:00 in the morning who 1 thought was going
8 for a gun, and I asked him to show me what he was
9 doing. He refused. And only under threat of
10 arrest did he show me what he w as putting in his
11 belt. And he made a complaint
12 MR. HANNA: Okay. Now that could have led to
13 something really interesting, like a Law and Order
14 episode.
15 BY MR. HANNA:
16 Q Now when you were with Gulfstream Police
17 Department, did you ever have any kind of internal
18 investigations?
19 A Yes.
20 Q Okay. What did that involve?
21 A A bike accident.
22 Q Okay. What was the bike accident about?
23 A Bikers crashing on the comer here.
24 Q Well, what happened? You were part of that
25 incident, weren't you?
22 (Pages 85 to 88)
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561-689-0999
Page 86
1
Q
Did you have — were you a code enforcement
2
officer that day or a police officer?
3
A
I don't recall.
4
Q
Who is John Randolph?
5
A
An actor.
6
Q
Okay. Is there anybody that's associated with
7
the town named John Randolph?
B
A
1 couldn't tell you.
9
Q
How about Skip Randolph?
10
A
Never heard of him.
11
Q
Newer talked to him?
12
A
Don't recall ever talking to anybody about
13
him.
14
Q
Do you know anybody named the town attorney?
15
Are you familiar with -
16
A
His none was the town attorney?
17
Q
No. The town attorney, do you know his name?
18
A
Not really.
19
Q
Have you ever talked to him before?
20
A
No.
21
Q
Nothing about Mr. O'Hare?
22
A
Never.
23
Q
So any conversations that Mr. Randolph, the
24
town attorney, had with you —
25
A
I don't recall any conversation with the town
Page 88
THE WITNESS: It's 35 years ago.
MR. FIANNA: So your math skills are no better
3 than mine.
4 MR. STEARNS: Tell him what you remember, if
5 you remember anything.
6 THE WITNESS: I saw a person in the subway at
7 3:00, 4:00 in the morning who 1 thought was going
8 for a gun, and I asked him to show me what he was
9 doing. He refused. And only under threat of
10 arrest did he show me what he w as putting in his
11 belt. And he made a complaint
12 MR. HANNA: Okay. Now that could have led to
13 something really interesting, like a Law and Order
14 episode.
15 BY MR. HANNA:
16 Q Now when you were with Gulfstream Police
17 Department, did you ever have any kind of internal
18 investigations?
19 A Yes.
20 Q Okay. What did that involve?
21 A A bike accident.
22 Q Okay. What was the bike accident about?
23 A Bikers crashing on the comer here.
24 Q Well, what happened? You were part of that
25 incident, weren't you?
22 (Pages 85 to 88)
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23 (Pages 89 to 92)
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561-669-0999
Page 89
Page 90
1
A Yes
1
Q Now did you prepare any report for that bike
2
Q Okay. Well, what happened?
2
incident?
3
A Iwo beading northbound on AIA, I made a left
3
A Yes.
4
turn Some of the bikers at the rear of the group.
4
Q Okay. And that was to the Gulfstream Police
5
which was a very large group, jammed their brakes on and
5
Department?
6
caused a pileup.
6
A Yes.
7
Q Okay.
7
Q Was it in the same format as Exhibit 10?
8
A Other bikers went right through the
8
A Yes.
9
intersection in the front of the group.
9
Q And did you actually tum that in?
10
Q Okay. Now you were driving your police
10
A Yes.
11
vehicle at that paint?
11
Q Now I just have cleanup questions for
12
A Yes.
12
October 28, 2011. That's the date of the bang that you
13
Q Were you a police officer or code enforcement
13
heard. Did you ever actually go into the structure on
14
on that date?
14
that date?
15
A I think police.
15
A One or two feet.
16
Q Who handled the investigation of that
16
Q When you were in the structure one or two
17
incident?
17
feet, what did you see?
18
A I think the Palm Beach County Sheriffs
18
A I saw a totally tom apart house with no
19
Office.
19
sheetroek and just wooden studs showing.
20
Q Okay. And what was the result of that
20
Q Did you see any mold, mildew stains?
21
investigation?
21
A Any what?
22
A That both parties were found equally guilty of
22
Q Any mold?
23
the accident.
23
A I didn't look for mold. I don't know.
24
Q This was a group, pack of riders on AIA?
24
Q And where did you actually enter the
25
A Yes.
25
structure?
Page 91
Page 92
1
A Well, I don't know if I entered it exactly,
1
they -- did they have a camera function?
2
but I was probably to the left of the rear of the house.
2
A No.
3
Q Okay. Can you show me on Exhibit I I?
3
Q Other than to find out about whether a permit
4
A if I recall, I think it was in this vicinity
4
was issued, did you speak to anybody else, any
5
here (indicating).
5
supervisors --
6
Q It was where the area was open towards the
6
A No.
7
left-hand side?
7
Q —in your department?
8
A Well, the whale back of the house was open,
8
Okay. And when you contacted the town, was
9
but this area on the left side, I believe.
9
that with the cell phone?
10
Q And you went in about two feet?
10
A Yes.
11
A I would say a foot or two, yeah.
11
Q When you used the cell phone, were they, you
12
Q Did you notice anything else other than
12
know, the little — you hit the button, talk to — you
13
missing drywall or sheetrock?
13
know, you hit the button and it's a direct talk?
14
A I noticed the water heater. I think that was
14
A No.
15
placed by the front door.
15
Q You had to actually dial it?
16
Q How did you know that --were any permits
16
A Yes.
17
issued to that structure?
17
Q Are you familiar with the Florida Building
18
A As far as I knew, no.
18
Code?
19
Q Okay. What did you do to find out whether
19
A In reference to?
20
there was a permit or not?
20
Q Well, in reference to your duties as code
21
A 1 called the town to verify whether any
21
enforcement officer.
22
permits were pulled.
22
A Just specific things pertaining to what I need
23
Q Okay. And who did you speak with?
23
to know.
24
A I believe Rita, the town clerk.
24
Q Okay. When would you contact -- would you
25
Q The cell phones that the town gave you, are
25
contact Mr. Tobias directly to assist you with an
23 (Pages 89 to 92)
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24 (Pages 93 to 96)
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Page 9,1
1
investigation?
1
A Yes.
2
A No.
2
Q Okay. Do you remember what kind of vehicle
3
Q Now when you made your report to town hall.
3
Mr. Tobias was driving?
4
you said you spoke with the town clerk. Who contacted
4
A A white Delray building department vehicle.
5
Mr. Tobias to come to the property?
5
Q Okay. Now when you went to the property, you
6
A I presume the town clerk.
6
tried to gain access but you found that the gates were
7
Q Okay. And where had you gone after you left?
7
locked?
8
Did you go back to the department, or did you remain at
8
MR. STEARNS: Object to form
9
the property and meet Mr. Tobias when be came back two
9
THE WITNESS: Which date are we talking about^
10
hours later?
10
BY MR HANNA:
I I
A I went back to the police department to type
11
Q You want to take a look at your report? I'm
12
up my report.
12
talking about October 28, 2011. Is then: any reference
13
Q So you finished that report pretty quickly?
13
in that report in Exhibit 10 — is that Exhibit 10? —
14
A (Witness nods head.)
14
regarding the gates, whether they were locked or
15
Q Do you agree with that?
15
unlocked when you went back with Mr. Tables?
16
MR STEARNS: I Ie told you earlier, 30 minutes.
16
A I don'[ recall.
17
THE WITNESS: About 30,40 minutes, not
17
Q Well, can you take a look at the report and
18
including the time of traveling.
18
see if that refreshes your recollection?
19
BY MR HANNA:
19
A Both gates were locked.
20
Q Had you worked with Mr. Tobias prior to that
20
Q Were there any workers present when you went
21
date?
21
back with Mr. Tobias?
22
A I might have met him once before. I don't
22
A Nat that I saw.
23
recall.
23
Q Had you told the gentleman that you spoke to
24
Q That was the fust time you actually did an
24
during your first encounter, when you heard the bang,
25
investigation together?
25
did you tell him that all the workers had to leave?
Page 95
Page 96
1
A I didn't say they had to leave. I said they
1
Q What were you — what was your rationale for
2
should leave.
2
looking out for them?
3
Q Why should they leave?
3
A I wasn't looking out for them.
4
A Because they were all working in violation of
4
Q Well, you told them they should leave. What
5
the town's code because no permits were provided.
5
was the basis for that?
6
Q Why should they leave? What was their
6
A Because they were working on a house that was
7
personal consequence that they could be facing?
7
not permitted to have the work done that they were
8
A Well, all work was to stop because perils
B
doing.
9
were not issued by the town to do this kind of work.
9
Q And when Mr. Tobias went there, what was the
10
Q So then you ordered that the work stop at that
10
purpose he was going there for?
21
point?
11
MR. STEARNS: Object to for.
12
A 1 didn't order the work to stop.
12
THE WITNESS: He was going there to inform
13
Q Well, why sbould the workers leave then?
13
whoever was in charge there that all work should
14
MR. STEARNS: Object to for.
14
cease until permits were applied for and issued for
15
THE WITNESS: Because they are working on a
15
the work to be done.
16
house that's not being permitted to have the work
16
BY MR. HANNA:
17
done.
17
Q So Mr. Tobias went to the property with you to
18
BY MR. HANNA:
18
issue a Stop Work Order, is that correct?
19
Q But you didn't issue —you didn't tell
19
A Yes.
20
them — you didn't issue a Stop Work Order or tell them
20
Q And what did that Stop Work Order look like? !
21
to stop?
21
A Big yellow and black printed self -sticking,
22
A No.
22
probably I I -by -14 sign.
23
Q Okay. Just looking out for their economic
23
Q Nowifthegales—whydidyouchecktosee
24
interest; is that what you were doing?
24
if the gates — bow did you determine the gates were
25
A No.
25
locked?
24 (Pages 93 to 96)
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561-689-0999
25 (Pages 97 to 100)
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561-689-0999
Page 97
Page 98
1
A At that time?
1
Q Okay. But you didn't touch the gate at that
2
Q Yeah.
2
point?
3
A How did I determine?
3
A I don't recall touching the gate.
4
Q Yeah, how did you determine it.
4
Q Were the locks on the inside or outside?
5
A Visually. I didn't go check them. I don't
5
A I don't recall if the locks were inside or
6
know.
6
outside.
7
Q You didn't go over and pull the handle?
7
Q But you were able to see that the gate was
8
A Not me.
8
locked, correct?
9
Q Okay. And the reason why the gates — the
9
A No.
10
significance of the gates being locked was because you
10
Q Well, you testified that you saw that the gate
11
were trying to get into the property again?
11
was locked.
12
MR. STEARNS: Object to form.
12
A It appeared —
13
THE WITNESS: 1 wasn't trying to gain entry
13
MR. STEARNS: No, he didn'ttestify to that.
14
into the property.
14
You can even ask him if he stepped on the property
15
BY MR. HANNA:
15
the second time.
16
Q So you just wrote that the gates were locked
16
BY MR HANNA:
17
based on a visual —
17
Q Did you step on the property the second time?
18
A Correct.
18
A No.
19
Q Why did you feel that that was necessary to
19
Q You were standing in the street the whole
20
note that the gates ts'ere locked?
20
time?
21
A My only reason for being there was to assist
21
A 1 might have been in the driveway.
22
Mr. Tobias.
22
Q Okay. That's not the property, the driveway
23
Q And the gates being locked, how did that
23
doesn't count?
24
assist Mr. Tobias?
24
A The driveway does count. I was only there to
25
A It has nothing to do with me.
25
support the building inspector.
25 (Pages 97 to 100)
Florida Court Reporting
561-689-0999
Page 99
Page 100
1
Q And you were there as a code enforcement
1
A New position.
2
officer?
2
Q Who was doing those duties before you were
3
A That's correct
3
designated code enforcement officer? Was there an
4
Q Kind of like Superman, you're code man
4
independent company that was doing those services?
5
underneath your police uniform?
5
A Not that I'm aware of.
6
A That's correct
6
Q Now when you became the code enforcement
7
Q And you have x-ray vision, you can see through
7
officer, were you given any kind of directives of what
8
gates?
8
to look out for, what to do?
9
MR. STEARNS: Is this a joke?
9
A Some.
10
MR. HANNA: Yes.
10
Q Who gave you those?
11
MR. STEARNS: Okay. You don't have to answer.
11
A Town clerk.
12
THE WITNESS: I can leap tall buildings and...
12
Q And it was Rita Taylor that did it?
13
MR. HANNA: 1 hope you don't have laser
13
A Yes.
14
vision, though.
14
Q Did you ever get any kind of direction from
15
THE WITNESS: Well, that's to be determined.
15
Bill Koch?
16
MIL HANNA: I thought I felt something on my
16
A Never.
17
forehead.
17
MR. HANNA: That's K -O -C -H.
18
All right. Let's take a quick break.
1 B
BY MR. HANNA:
19
M1L O'HARE: Going off at 1:03.
19
Q Now when you discussed the policies with Rita
20
(Brief Recess)
20
Taylor, how in depth were the policies? Was it like a
21
MR- O'HARE: Resuming at 1:09.
21
daylong seminar or was it just a conversation?
22
BY MR. HANNA:
22
A Conversation.
23
Q When you became the code enforcement officer
23
Q What did she tell you?
24
for the town, had you taken those duties over for
24
A With reference to what?
25
somebody else or was this a new position?
25
Q The policy. What was the policy?
25 (Pages 97 to 100)
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561-689-0999
26 (Pages 101 to 104)
Florida Court Reporting
561-689-0999
Page 101
Page 102
1
A We never discussed policies.
i
Q Well, did you receive any kind of guidance to
2
Q Well, you said that you had a conversation
2
govern your future activities regarding entry into
3
with Rita when you took the position about the policies
3
backyards?
4
of the —
4
A On occasion, possibly.
5
A I misunderstood the question.
5
Q Well, as a result of that October 28, 2011
6
Q Okay. Well, when you took the position as
6
incident?
7
code enforcement officer, did anybody instruct you as to
7
A Yes, probably.
B
the policies that were going to govern what you were
a
Q Okay. What was the change that was made?
9
doing, the policies you were supposed to follow?
9
A Not to enter upon personal property without
10
A I would discover violations of the code. I
10
permission of the person's property.
11
would confer with die town clerk or the town manager.
11
Q Okay. And during your whole time as a code
12
She would advise me as to what rules and laws were being
12
enforcement officer for the Town of Gulfstream, did you
13
broken as Ave discussed it.
13
ever once secure an administrative — or any kind of
14
Q Amtbing else?
14
%1 arrant?
15
A And I'd follow up on it.
15
A No.
16
Q Okay. Anything else?
16
Q Do you recall receiving a letter from an
17
A Uh-uh.
17
attorney, John Carter, regarding preserving evidence?
18
Q Do you still have the camera —
18
A I don't recall.
19
A I do.
19
MR. HANNA: Give me one second.
20
Q — that you used?
20
(Discussion had off the record.)
21
Now after the incident at Mr. O'Hare's house
21
MR. HANNA: All right. 1 don't have anything
22
on October 28th, 2011 that you've already testified
22
further.
23
about, was there any changes made to a policy regarding
23
MR. STEARNS: No questions. lie will read.
24
entry to backyard areas of homes?
24
(Thereupon, at 1:14 p.m., the videotaped
25
A There might have been. I dont recall.
25
deposition was concluded and signature was not waived.)
Page 103
Page 104
1
CERTIFICATE OF OATH
1
CERTIFICATE
2
2
3
STATE OF FLORIDA
3
STATE OF FLORIDA
4
COUNTY OF PALM BEACH
4
COUNTY OF PALM BEACII
5
5
6
1, NORMA SC14ERER the undersigned authority,
6
1, NORMA SCHERER, do hereby certify that I was
7
certify that DAVID GINSBERG personally appeared before
7
authorized to and did stenographically report the
8
me and was duly swum.
6
foregoing deposition; and that the transcript is a We
9
WITNESS my hand and seal this 3rd day of
9
and correct transcription of the testimony given by the
10
August, 2015.
10
witness.
11
11
1 further certify that 1 am not a relative,
12
12
employee, attorney or counsel of any of the partes, nor
13
13
am I a relative or employee of my of the parties'
14
14
attorneys or counsel connected with die action, nor am 1
15
15
financially interested in the action.
16
NORMA SCHERER
16
DATED this 3rd day of August, 2015.
Notary Public - State of Florida
17
17
My Commission No. FF 178010
18
Expires: December 01, 2018
19
18
20
19
21
20
22
Y1
NORMA SCHERER
22
23
Notary Public - State of Florida
23
My Commission No. FF 178010
Y9
24
Expires: December 01, 2018
25
25
26 (Pages 101 to 104)
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A
A.M 4:6
AlA 89:3,24
ability25:20
able 98:7
ABOVE -4:2
Academic 16:2
academy 8:10,12
8:14,19 11:11
14:24 15:18 16:5
access 94:6
accident 88:21,22
89:23
accompanied 50:1 f
accomplish 22:3
accurate24:13
64:3
accurately 65:18
65:24
acting 35:16
action 39:7104:14
104:15
activate 12:14,15
active 85:22
activities 19:6
102:2
actor 86:5
added 17:5
additional 68:13
adjacent67:21
85:5
administrative
31:2 35:19,25
102:13
advance 52:15
advise 101:12
afternoon 67:11
age 27:18
ago 14:18 87:20
88:1
agree 38:8 93:15
ahead 7:4 40:13
air 54:25
al 1:8
alarm 34:19
allegation 83:4,5
allowed 84:1
ANSELMO 2:6
answer 520,25 6:3
10:3 23:17 32:4
72:4,9 76:14,16
76:17 87:19,22,2:
99:11
answered 13:12
72:16 73:6,12
answers 31:11
antenna 7222
anybody 45:11
73:9 86:6,12,14
92:4 101:7
anymore 15:6
49:15 55:25 78:2
apart90:18
apologize 81:4
appear 23:24 56:16
APPEARANCES
2:1
appeared 98:12
103:7
appears 64:1
applied 14:7 35:24
96:14
apply 14:10 34:5
36:2,5
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approached 57:12
approved 49:3
approves 49:5
approximate 64:6
approximately
14:25
area 25:16 46:16
62:16 91:6,9
areas 101:24
irrest22:16 88:10
asked 17:6,1418:8
24:17 38:7,8
47:17 71:3 72:18
76:20 88:8
isking 5:19 13:14
24:24 31:19 55:24
isks 73:20
issign 25:12
tssigned 2121
32:19
assignment 9:4
16:16 24:25 25:2
assignments 24:18
assist 92:25 97:21
97:24
associated 86:6
assume 5:25
attached 50:22
56:1163:13 74:16
attained 9:3
attempted 58:18
attention 27:13
42:15 44:10,13
attire 37:23
attorney 86:14,16
86:17,24 87:1
102:17104:12
attorneys 104:14
An 40A 56:25 68:8
69:14 70:13 82:20
85:3,23
August 103:10
104:16
authority 103:6
authorized 57:17
104:7
Avenue 40:4 56:25
68:8 69:13 70:13
82:20 85:2,23
aware 26:11 36:19
36:23 38:2158:11
76:12 100:5
awhile 9:11 87:25
B
3 3:8
)ack 7:23 9:1210:1
11:10,13 18:15
19:3 20:1133:13
33:25 41:5 42:8
42:13 44:6,18,18
44:20,23,25 45:3
45:12,15 46:1,3
46:11,11,14,14,15
47:13 48:1153:9
53:12,23 54:3,12
61:10,25 62:1,2,4
62:11,14 63:22
64:12 65:2,14
66:13,17 67:10
68:13,16 70:15,18
74:6,1175:17,25
77:2,19 79:10
80:16 81:8,10
82:19 91:8 93:8,9
93:1194:15,21
backyard 46:19,21
46:23 47:4,6,8,11
62:5,16,22101:24
backyards 102:3
badge 19:10,12
20:8,8 23:16 29:8
37:14 64:25
bang 41:5,10,10,12
41:18,2142:9
43:3 45:1,9,23,23
45:24 46:1,4,5,24
51:6 53:154:2,10
57:24,25 61:21
90:12 94:24
banging 57:20,23
57:25
bare 63:1
Barney 69:3
based 97:17
Basically 12:6,22
15:10 25:6 61:3
basis 60:24 81:21
96:5
baton 19:20
Beach 1:2 2:3
49:21 89:18 103:4
104:4
)ecoming 17:5
aeginning 4:6 11:3
13:19
3EHALF2:2,6
>elieve 6:14 8:15
11:13 13:15,18
14:25 23:20 36:18
39:11,20,23 45:17
45:20 49:23 50:14
52:8 53:3,6,17
Florida Court Reporting
561-689-0999
105
55:15 59:9,16
60:16248 65:13
67:25 70:22 76:22
78:7 91:9,24
belt 19:18 88:11
better 88:2
beyond 73:12
big 13:132:23
96:21
bike 88:21,22 90:1
bikers 88:23 89:4,8
Bill 76:5100:15
bit 7:6 31:13,15
black 96:21
blue 19:10,10 20:7
bonus 17:5
bored 10:2
bottom 6325
Boulevard 2:7
bowl 3223 33:14
brakes 89:5
break 33:23 63:5
99:18
breaking 58:19
Brief 33:24 63:8
99:20
bring 52:9,11
broke 40:17
broken 101:13
Bronx 7:25
Broward 11:11
15:25 16:5
building 49:20,22
50:16,20 85:22
92:17 94:4 98:25
buildings 99:12
bullets 19:20
burglaries 58:7,12
58:16
burglary 22:14,16
22:18,20 23:1
58:17,18 61:4
BURKE 2:6
business 13:5,8
button 92:12,13
C 104:1,1
call 12:18 25:3 26:7
33:134:24 35:2
43:6
called 44:6 69:3
91:21
calls 23:17
camera 51:15,17
51:17,19,20,21
54:25 55:8 65:11
65:1175:3 92:1
101:18
canon 583,4
captain 18:23
car 9:24 10:7 11:14
37:17 48:19 79:14
82:24 83:8,8
card 51:23
career 34:6 35:3
cars 9:15
Carter 102:17
case 1:2 31:18
cases 25:12
catch 6:7
cause 4:3 41:9
caused 14:10 89:6
cense96:14
cell 31:24,25 32:1,2
32:6,9,10,1133:2
33:17 91:25 92:9
92:11
center 75:14,16
77:3,6,7,12
CERTIFICATE
103:1
certification 11:20
13:4,15
certifications 11:9
13:8 15:3
certified 4:12 13:20
14:4 15:25
certify 103:7 104:6
104:11
chain 17:2418:5,8
18:9,24 27:1
71:20
chance 57:1174:20
change 21:13 102:8
changed 21:15
changes 66:1,3
101:23
charge 44:15,16,17
45:18 47:16,17
96:13
check 22:7 28:20
41:1,3 59:10
68:19,2184:17
96:23 97:5
Checked 59:5
checking 28:13
37:6 43:4
chest 29:8
chief 17:25 18:8
26:14 27:23,25
28:2 78:18
Christopher 1:5
2:9,12 36:12
circumstances
21:12 28:5 34:21
34:25 35:4 40:19
40:21
citizen 24:20,22
city 7:5,25 15:18,19
16:19 18:15 34:8
58:13 87:9
cleanup 90:11
clerk 25:6,8 27:4
39:4 42:20 49:25
50:3,14 71:3,14
71:17 78:9,19,22
91:24 93:4,6
100:11101:11
client 52:10
close 13:23 14:3
closely 73:1
clue 39:2,25 47:9
59:4
coastal 26:9
code 16:24 17:5,15
17:18,19,21,23
18:1120-2,5,10
20:16,18,24 21:1
21:5,9,2122;3
23:3,7,15,17,18
23:24,24 24:2,4,6
24:12 25:4,24
26:2,5,7,10,14,18
26:21,25 27:22,24
28:3,11,11,25
29:4,10,12,15,18
29:22,24 31:7
32:16 33:16 35:17
37:8,10 39:16
50:18 55:23 69:16
69:17 70:2 71:16
73:16 74:3 77:18
78:14 83:20,24
84:5,17,18 86:1
89:13 92:18,20
95:5 99:1,4,23
100:3,6 101:7,10
102:11
collar 20:11
college 8:2,3,4
come 41:5 45:15
69:19 82:23 93:5
coming 57:21
61:25
command 17:24
18:5,8,9,25 27:1
71:20
comments 69:5,9
Commission
103:17 104:23
commit 22:21
common 84:9,16
communities 26:9
companies 57:6
company 9:15,16
43:17 100:4
complaint 88:11
complaints 24:3,21
25:13
complete 8:16
completed 8:19
16:13 56:2
computer 64:14,19
64:23 82:16
computer -stored
52:1
computers 64:16
82:13,13
concept35:8
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concert 13:1
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conducting 65:4
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connected 104:14
consent 44:19
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consider 24:24
78:13
consist 16:1
construction 28:14
37:6 43:5,9 68:18
69:2179:22 80:2
80:5,12,13 85:6
contact 33:4 40:1
92:24,25
contacted 92:8
93:4
contractor 44:1
contractors 57:8
conversation 43:19
47:24 86:25
100:21,22 101:2
conversations
43:23 86:23
convey 48:5
conveyed 48:5
copies 56:11 63:13
74:16
copy 78:24
corner 43:163:25
88:23
correct 13:3 21:4
21:19 26:16,19,23
28:19 29:10 33:15
37:15,16 44:20
45:5,9 47:4 50:4,5
50:7 53:2,13
55:10 57:22 64:8
64:24 65:1,15,16
68:1169:23 70:4
70:5 77:24 84:23
85:1,7 96:18
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106
97:18 98:8 99:3,6
104:9
counsel 104:12,14
count98:23,24
County 2:3 89:18
103:4 104:4
course 36:17
court 1:14:3 5:2,20
56:9
crashing 88:23
crime 22:22
crimes 22:12 58:13
criminal 74:4
CROSS 3:2
crossing 46:18
currently 6:9
curtilage 62:5,7
D 3:1
daily 19:6
dangerous 84:15
date 56:18,19,21,22
64:1,3 66:5 70:25
71:25 74:25 75:6
77:16 81:1,23
83:16 89:14 90:12
90:14 93:2194:9
dated 3:10 104:16
dates 53:8 80:23
81:3
David 1:13 3:3 4:1
4:10,16 103:7
day 12:23 23:21,23
37:4,8 38:18
42:22 43:3 49:8
50:17 51:4,4,6
52:25 53:1,5,10
53:11,16,16,23
56:3,4 66:13
74:12 79:9 80:18
81:8,10 85:4 86:2
103:9 104:16
laylong 100:21
lays 23:18 52:14
52:16,19 56:2
leal27:8,11
dealership 9:24
10:711:15
December 8:13
70:23 80:8,14
81:7103:17
104:24
December-somet...
80:25
decide 10:1
deconstructed
80:15
deconstruction
51:10
DEFENDANT 2:6
Defendants 1:9
defensive 15:10
16:2,3
define 21:8 40:6
degree 8:5
deliver 71:3 72:2
74:6 81:8
Delray 9:15 49:21
94:4
demeanor 37:24
department 7:19
8:25 9:2111:6,8
14.20 15:8,20,24
19:13,16 20:9
23:127:17 29:9
30:2 32:3,22 33:5
33:19,2139:22
48:1155:14 59:10
64:14,17,23 78:23
79:7 81:18 82:5,9
82:11,17 84:24
87:10 88:17 90:5
92:7 93:8,1194.4
department's
82:13
department -issued
51:19
departments 14:7
Depended 33:12
78:17
depends 74:2
depict 65:18,24
deposition 1:13 4:1
4:20 42:3 56:14
63:17,20 65:21
102:25104:8
depth 100:20
designated 17:19
26:18,21 100:3
detail 7:7 61:16
determine 59:17
75:12 77:3,12
78:2 96:24 97:3,4
determined 99:15
determining 60:25
development 69:14
devoid 62:25
dial 92:15
difference 35:15
71:13
different 20:3
21:18 23:13,14
33:17 38:1,13
46:12 79:1
digital 51:17,18
direct 3:2 4:13
92:13
directed 19:6
direction 100:14
directives 100:7
directly 18:18 27:8
68:25 92:25
discover 101:10
discussed 58:15
100:19101:1,13
Discussion 102:20
distance 75:14
distinguished
37:19
distinguishes 38:3
38:5
DISTRICT 1:1,1
DIVISION 1:2
document51:10
doing 6:22 21:23
24:9 27:24 28:7
28:24 37:4 43:2
45:19 72:2 73:12
74:2 79:25 88:9
95.24 96:8 100:2
100:4 101:9
door 40:8,1150:21
50:2170:20 72:1
72:4,9,16 73:6,12
74:9 91:15
drawn 60:10 61:1
dressed 29:2 37:11
50:17
drive 21:24 25:20
driveway 82:24
83:13,17 98:21,22
98:24
driving 16:3 21:2
37:17 79:13,25
89:10 94:3
drove 24:12 28:18
drywall 91:13
dua123:10 26:10
duly 103:8
duties 12:5 16:18
16:20 21:2122:10
28:1157:16 79:19
92:20 99:24100:2
duty 25:23 28:10
30:4,18,25 32:12
33:10 49:6
E3:1,8 104:1,1
earlier 24:1179:24
93:16
East 2:7
economic 95:23
education 8:1
eight 13:2414:4
20:22 21:20,23
Either24:22
embroidered 20:8
employed 11:5,7
13:18,22 15:21
30:1
employee 104:12
104:13
employment 6:16
10:24
:mpowered 57:18
nable 34:13
encounter 94:24
ended 77:23
enforcement 4:24
6:9 7:13 16:25
17:5,16,18,19,21
17:23 18:1120:2
20:5,10,16,19,24
21:1,5,2122:3
23:3,8,15,17,19
23:24,25 24:2
25:5,24 26:2,6,8
26:10,15,19,22
27:23,24 28:3,11
28:12,25 29:4,10
29:12,15,19,22,24
31:8 32:16 33:16
34:6 35:3,17 37:9
37:10 39:16 50:18
55:23 57:17 62:9
69:16,17 70:2
71:16 73:16 74:3
77:18 78:15 86:1
89:13 92:2199:1
99:23 100:3,6
101:7 102:12
enter 34:24 35:3
40:3,6 90:24
102:9
entered 91:1
entering 54:21
58:19
entire 35:2 83:18
entirely 24:13
entry22:21 97:13
101.24 102:2
episode 88:14
equally 89:22
equipment 10:8,13
11:18 37:14
3sq 2:4,9,13
11:8
.vent 12:13
:vents 12:9
:ventually 27:6
,verglades 12:12
,verybody 73:3
vidence 102:17
Florida Court Reporting
561-689-0999
107
exactly 38:7 91:1
EXAMINATION
4:13
example 12:13
Excuse 78:11
Exhibit 3:10,11,13
3:14 56:10,14
63:10,11,12,17,17
63:2165:5,21
74:15 79:2 82:9
84:22 90:7 91:3
94:13,13
Exhibits 75:4
exigent 34:21,25
35:4
experience 25:18
Expires 103:17
104:24
Explain 23:14
extent 72:20
extra 17:15 33:18
eye 59:11
F
F 1:5104:1
facing 95:7
fact 57:159:1,3
facts 31:18
fairly 65:17,24
faith 81:21
falling 41:16
familiar 69:12 83:4
86:15 92:17
Far 43:24 58:10
7725 91:18
reel 61:19 68:19
97:19
feet 55:6 66:25
68:10 90:15,17
91:10
elt 99:16
'emale 50:8
'ence 55:1,2,3,6
62:10 65:9,12
66:21,23,25 67:25
68:10
enced 54:23
FF 103:17 104:23
Fife 69:3
FILED 4:7
film 51:17
financially 104:15
find 17:4 24:20
44:7 91:19 92:3
Fine 85:20
finished 5:20 93:13
firearm 41:13
firearms 15:10
16:2
first 4:118:16 9:14
11:22,2416:16
41:18 53:16 67:3
93:24 94:24
Fish 11:22,23,24
tit 18:5
five 8:15 55:5 66:25
67:15,16 68:10
69:18
FL 23,8
Florida 1:14:4,5
6:219:9 11:10,21
11:22,24 15:25
57:17 92:17 103:3
103:16 104:3,23
follow 39:18 101:9
101:15
follow-up 39:9,10
39:12
followed 39:19
FOLLOWS 4:12
foot91:ll
foregoing 104:8
forehead 99:17
forgot 76:15
form 24:14 40:5,13
44:2153:19 54:6
69:24 76:14,16
79:184:22 94:8
95:14 96:1197:12
format 84:22 90:7
fort 2:8 30:20
Forty20:17
found 89:22 94:6
foundation 40:15
four 5:5,6 7:17
14:18 16:12 23:22
23:23 30:8 47:14
Fridays 23:20
friends 36:16
front 43:17 45:4
50.2170:20 74:9
84:10 85:12 89:9
91:15
Ft 10:8
full-time 12:6,19
16:8
function 92:1
further 15:4 50:23
55:20 68:22
102:22 104:11
future 102:2
G
G -I -N -S -B -E -R -G
4:18
gain 94:6 97:13
Gallagher 14:16
33:7
Game 11:23,25
Garell 39:19,21
Garrett 2:14
gate 62:3,13 98:1,3
98:7,10
gates 94:6,14,19
96:23,24,24 97:9
97:10,16,20,23
99:8
Geez 5:10
gentleman 45:21
94:23
getting 13:8 16:11
33:6 35:15 44:6
65:2 83:7
Ginsberg 1:13 3:3
3:10,12,13 4:2,10
4:16 33:6 103:7
give 27:15 53:8
76:6 78:8,16
102:19
given 4:19 17:4
20:12 33:2 38:6
100:7 104:9
GMMIMADISON
2:2
go 7:4,6,23 8:3,10
8:12 9:12 10:1
15:14,16 16:4
18:15 19:3 25:16
36:9 40:8,8,12,13
41:19 44:20 46:3
46:22 47:7 50:10
54:2,3,4,12,14,17
59:8 62:3,4,13
68:13 70:15,18,20
74:9,1175:25
76:1,7 77:19
79:10,12,19 81:9
90:13 93:8 97:5,7
God 42:12
goes 43:24 77:7
87:16
going 5:17,18,24,25
7:6 28:8 33:22
48:16 56:13,24
63:7,10 69:10
71:1 74:11 82:19
85:18 87:24 88:7
96:10,12 99:19
101:8
good 5:8 81:21
gotten 27:6
govern 101:8 102:2
grabbed 32:23
grass 84:15
group 89:4,5,9,24
grow 7:23
guess 27:4 35:24
64:7
guidance 102:1
guilty 89:22
GULF 4:5
Gulfstream 1:8
6:17,18,25 7:8
11:5,7 13:9,18,22
14:5,10,19,22
15:21 16:15,16,19
18:3 19:3,13,16
20:9 26:15 27:16
27:20 30:2 34:10
35:10 36:3 44:1
45:5 57:7 59:7
62:19 79:6 84:24
88:16 90:4 102:12
gun 19:20,25 23:5
23:7,16 37:14
88:8
Gundlach 70:6,9
gunshot 58:2
guy 10:6 43:17
72:23
guys 46:12 52:19
H
H2:13 3:8
hall 42:17 43:6
44:6 49:10,21
51:14 55:14 73:4
77:2 82:17 93:3
hammer41:15
58:2
hand 103:9
handcuffs 19:20
23:16
handed 51:14
77:24
handle 97:7
handled 89:16
handles 71:12
hands 82:25 83:9
handwritten 48:22
HANNA 2:4 3:4
4:14 5:10,15,16
14:1 19:1,224:16
31:6,11,15,19,20
34:138:10,11
40:7,16 44:24
46:14,2147:2
50:11,12 52:13,16
52:20,22 53:20
54:1,8 56:8,12
61:10,1163:5,10
63:15 70:174:14
74:17 76:19 81:1
81:4,6,24 82:3,4
87:8,16,18,21
Florida Court Reporting
561-689-0999
HE
88:2,12,15 93:19
94:10 95:18 96:16
97:15 98:16 99:10
99:13,16,22
100:17,18 102:19
102:21
happened 8:20
9:10 30:22 38:18
39:5,7 40:20 41:4
41:24 42:9 48:4
49:12 50:15,19
58:8,9 72:17 83:2
83:3,11,16 85:11
88:24 89:2
happening 69:1
harass 87:24
head 6:2 8:9 26:14
55:8 67:171:23
93:14
heading 89:3
hear 41:18,2145:9
heard 35:22 41:5
41:10 43:3 45:1
46:25 51:6 57:20
57:24 61:2186:10
90:13 94:24
hearing 57:23
hearings 23:25
heater 91:14
HEREINAFTER
4:12
hereto 56:1163:14
74:16
HERETOFORE
4:7
Hi 4:15
High 8:2
Higher55:2
highest 9:2
hips 82:25 83:9
hired 13:9 14:19
hit 92:12,13
HOCHMAN 2:7
holding 54:25
home 22:2135:3
homeowners 59:8
homes 101:24
book 12:18
hope 99:13
Hopefully 5:11
hour 85:20
hours 7:15,17
12:1816:10,12
20:12,17,18 21:20
21:24 23:21,23
93:10
house 34:19 40:4,8
40:10,1241:6,23
41:25 42:10,13
43:4 44:19,23,25
45:12,15 46:12,14
46:15,18 47:1
51:1157:2158:21
58:24 59:2,5,5,18
59:24 60:2,3,9,11
60:17,25 61:5,7,9
61:10,15,23,25
62:1,2,4,11,14,17
62:23,25 63:22
65:3,18 67:22
71:25 72:13 74:7
74:12 75:17 77:20
80:15,16 85:16
90:18 91:2,8
95:16 96:6 101:21
houses 58:7 59:11
59:14
I
idea 15:13
identification
56:1163:13 74:16
1112:13
illegal 22:2173:12
73:19,23,25
image 51:22 52:2
52:23
immediately 48:13
49:9 72:9
immigration 57:13
57:18
impetus 12:17
important 61:16
Inasmuch 61:17
incident 31:7,9
36:24 37:148:15
49:13,16 54:2,5
55:2156:21,22
77:2.2 78:6 83:12
84:19 85:8 87:4
88:25 89:17 90:2
101:21 102:6
include 31:2
including 93:18
Incorrect26:20
29:1137:22
independent 100:4
indicate 56:24
indicated 60:9 79:2
79:18
indicating 91:5
individual 45:25
individuals 10:14
inform 96:12
initial 65:4
inside 45:2198:4,5
insignia 19:10
inspecting 82:20
inspections 80:1
inspector 49:20,22
50:16,20 98:25
instruct 101:7
instructed 4924
52:10 54:14
instructing 87:19
87:21
interest 95:24
interested 104:15
interesting 88:13
internal 87:10
88:17
intersection 85:15
85:15 89:9
investigate 21:9
24:3,6 41:8,19
57:18 58:2176:1
76:21
investigated 22:12
22:14,23 23:1
61:20
investigating 49:16
65:3
investigation 47:24
48:2 50:23 54:13
55:20,25 65:4
89:16,2193:1,25
investigations 22:6
22:10 87:1188:11
invitation 46:6,9
invite 45:11
invited 44:19 45:14
45:16 46:4 47:3
inviting 45:25
involve 88:20
involvement 49:15
77:15,22 78:2
issue 57:7 95:19,20
96:18
issued 32:7 42:17
43:9 44:7 77:19
91:17 92:4 95:9
96:14
issues 27:11,13,14
J
J2:4,9
jammed 89:5
Jerry 14:16,17
job 10:20,2214:5
jobs 21:18
John 70:6 86:4,7
102:17
JOHNSON2:6
joined 11:22,24
joke 99:9
judge 34:13 52:17
July 12:23
June 1:14 4:5 6:14
K -O -C -H 100:17
teep 59:1181:20
rept 28:8
and 8:112:9 15:2
15:9,23 17:719:8
192121:17 27:11
27:14 31:12 37:17
41:10 51:15 57:23
77:19 83:25 87:10
88:17 94:2 95:9
99:4 100:7,14
102:1,13
knew 14:12 58:21
60:3,15 84:8
91:18
knock 50:20,21
70:21
knocked 72:1,16
knocking 72:8
know 5:15,19 21:7
22:18 26:7 27:7
28:1,7 32:6 33:1,5
34:2 35:18,19
36:8,9,12,13,15
39:24 41:8,14
43:8,13,15 47:11
49:14 55:19 58:3
58:10,14,24 60:4
62:7 64:7 67:7,12
69:7 70:6,7,10,10
70:25 71:6,9,11
76:12,20 77:25
82:14,15 83:5
86:14,17 90:23
91:1,16 92:12,13
92:23 97:6
knowing 75:15
knowledge 60:16
60:19,2184:16
known 36:22 58:13
59:1,3
knows 73:4
Koch 100:15
L 2:13
laid 10:21
ake 12:11
andscaper 43:16
45:4 46:25 47:7
arge 4:4 20:8
83:13 89:5
aser 99:13
.jauderdale 2:8
10:9,11
aw4:24 6:9 7:13
Florida Court Reporting
561-689-0999
OW
34:6 35:2 57:16
62:9 88:13
lawn 40:23 41:2
43:16 57:1,4,12
83:18,21,22 84:4
84:12 85:12
laws 101:12
leading 40:21
45:17
leap 99:12
leave 10:20 27:16
48:6 94:25 95:1,2
95:3,6,13 96:4
led 11:20 45:16
60:1 88:12
left 14:24 15:19
3924 48:8,9
85:2189:3 91:2,9
93:7
left-hand 91:7
let's 7:23 18:12,15
19:3 31:9 45:3
63:5 99:18
letter 72:18 74:7
102:16
lieutenant 18:9,21
18:22
lieutenants 18:3
36:7
line 54:23 77:7
linked 82:13
list 22:2,6 24:18
25:128:15 41:2
57:5,10 59:7,14
5920
little 7:6 31:12,15
92:12
wing 59:2,5 60:17
61:24 69:20
oad 84:2
ocation 43:11
ocked 94:7,14,19
96:25 97:10,16,20
97:23 98:8,11
ocks 98:4,5
ong 4:24 7:8 8:14
8:24 9:18,23
10:16 13:7 16:4
48:24 69:16 83:23
85:18,19
look 24:23,25 25:13
25:13,16 42:5
56:14 57:1162:20
64:6 65:22 74:18
74:20 78:190:23
94:11,17 96:20
100:8
looked 65:18
looking 21:25
24:12 25:2128:14
42:22 79:19 95:23
96:2,3
loud 6:3 41:5,10,12
41:18,2143:3
45:9 51:6 57:24
58:4,5
Louis 2:13
Lower 8:23
luxury28:23
M
maintain 78:23
making 19:173:5
80:22
male 50:8
man 30:20 99:4
managed 10:8
manager 25:7,10
25:12 27:5,7,9,12
42:19 50:6 71:14
71:18 101:11
Manhattan 8:23,23
mark 2:4 31:4
63:10 74:14 77:9
77:12 87:15
marked 37:18
56:11,13 63:13,16
63:20 74:16
marker 77:6
math 5:13 13:20
88:2
mean 53:15 61:9
66:25
measure 75:22,23
76:25
measured 75:14
meet 49:20,24 93:9
Memorial 12:23
mental 87:18
met 85:16 93:22
mhanna®g3mla...
2:4
mid 10:18
middle 81:3
mildew 90:20
military 64:8 66:8
mine 88:3
minute 53:18
minutes 48:25
83:10 93:16,17
misrepresentatio...
80:23
missing 42:10
46:19 62:23 91:13
misstating 53:19
misunderstood
101:5
mold 90:20,22,23
month 7:20 16:7
81:2
months 8:15 9:19
16:6 80:17
morning 88:7
Moved 9:9
Multiple 3:15
MURDOCH 2:6
N
N 3:1
name 4:15,17 9:16
10:10 14:15 43:13
43:15 47:1149:23
70:7,10 86:16,17
named 86:7,14
necessary 97:19
need 31:17 34:12
54:19 61:18 68:19
72:9 92:22
needed 13:1
neighboring 42:22
68:3,6
never 21:15 22:12
22:14,23 23:1
31:25 34:9 35:22
35:24 40:10,11,17
69:2,3,5 72:22
73:3 83:2,3,11
85:16 86:10,11,22
100:16 101:1
new 7:5,25,25 8:7
8:22,24 9:3,5,20
15:18,19 18:15
22:25 34:8 87:9
99.25 100:1
night 16:9,10
Nikon 51:16
nine 7:10,119:19
10:17 30:3
nine -and -a -half
55:5
nods 6:2 8:9 67:1
71:23 93:14
noise 6l :24
nonpaid 7:14
NORMA 4:3 103:6
103:16 104:6,22
normally 77:11
north 59:8
northbound 89:3
Nos 63:12
Notary 4:4103:16
104:23
note 61:18,19 97:20
notes 43:22 48:15
48:18
notice 4:7 52:11,13
62:21 71:4,5 72:2
81:8 91:12
noticed 66:3 91:14
notices 77:19
notified 49:20
November 80:24
number 30:1154:2
54:3 56:8 64:25
Numerous 35:12
O
o'clock 66:7
O'Hare 1:5 2:12
31:7,10 33:25
36:12,19,24 38:19
38:20,22,25 47:19
48:3,5 49:17 63:7
63:9 68:23,25
70:9,13 73:19,20
82:23 83:7,12
85:2,16,17 86:21
99:19,21
O'Hare's 40:4
42:25 63:22 79:12
101:21
OATH 103:1
object 24:14 40:5
40:13 44:2153:18
53:19 54:6 69:24
76:14,15 94:8
95:14 96:1197:12
observation 59:6
observed 41:25
42:10 46:20 57:1
59:6 83:17
obstructionist
31:16
obviously 50:8 55:2
occasion 25:11
26:128:4,22
30:23 102:4
occupied 74:7
occurred 58:16
63:3 85:8
occurrence 69:22
October 66:10
70:16 80:17 90:12
94:12 101:22
102:5
offense 74:4
offhand 53:8 84:6
Office 89:19
officer 4:25 6:9,23
7:5,9 8:8 12:3,5,6
12:10,19 14:14
16:17,25 17:5,16
17:18,21,22,23,24
18:16 19:8,9 20:3
20:6,15,17 21:1,3
Florida Court Reporting
561-689-0999
110
21:2122:4,9 23:4
23:8,9,15 25:5,23
26:10,11,15,22
28:11,12 30:18
31:22 32:14 33:6
33:7,8,9,9,10,16
34:6 35:16 37:8,9
37:20 38:3,5
39:14,19,2155:24
57:17 62:9 69:16
69:17 70:2 71:16
73:16 78:4,15
86:2,2 89:13
92:2199:2,23
100:3,7 101:7
102:12
officer's 29:5,17
officers 10:13
12:14,15 13:2
17:19,20 26:2,4,5
26:6,8,10,18,19
26:24 28:23 29:2
30:1,4,25 33:7
39:15 58:14 64:17
officers' 29:18,21
oh 42:12
okay 6:5,15 7:2,21
10:22,2411:2
13:17 15:16,23
17:15 18:7,20
20:2,23 21:12,23
22:20 23:10,17,21
24:9,11,17 25:2,4
25:10 26:2127:22
29:12,2130:24
33:134:18 35:6,8
36:16 37:1,23
38:15,18,21,25
39:3,10,15,18
40:25 41:4,7,21
41:24 42:5,11,14
43:6,13,19 44:4,9
44:1145:14,19
46:3,2147:3,6,18
47:21,23 48:1,4,7
48:9 49:7,11,19
49:22 50:8,15,17
50:19 51:3,9 53A
53:12 54:2,9,14
54:2455:8,11,16
56:15,24 58:19
59:14 60:11,19,21
60:24 61:4,7,15
61:22 62:6,9,13
64:12,16 65:10,14
65:23 66:3,10,19
67:2,15,17 68:5
69:22 70:8,18,23
71:10,16 75:8,19
76:4,24 78:1,8,14
78:20 79:9,18
80:4,7,13,20 82:8
82:12,19 83:2,4
83:16,19,23 84:7
85:5 86:6 87:2,13
88:12,20,22 89:2
89:7,10,20 90:4
91:3,19,23 92:8
92:24 93:7 94:2,5
95:23 97:9 98:1
98:22 99:11 101:6
101:16 102:8,11
old 10:4
once 4:23 5:22 34:8
34:10 93:22
102:13
ongoing 15:7 54:13
68:17 80:1,5
open 91:6,8
opportunity 17:12
opposed 33:6 35:17
82:17
order 11:7 34:13
50:22 66:16 88:13
95:12,20 96:18,20
ordered 95:10
originally 42:21
outside 54:23 65:9
98:4,6
outstanding 28:16
owner 47:20
P.A 2:2,7
p.m 102:24
pack 89:24
PAGE 3:9
paid 11.25
Palm 1:2 2:3 89:18
103.4104:4
pants 19:10 20:7
21:13,15 23:4
28:24 37:11,20
38:9,10,12,15
park 83:21 84:10
parked 62:18 85:14
part 7:1 8:22 22:10
39:10 57:16 79:19
88:24
part-time 6:23 7:9
16:8,9
parties 89:22
104:12
parties' 104:13
party 52:18
pass 14:17
passed 14:14
patches 19:14
patient31:4
patrol 8:21 12:11
12:11,11 16:17,19
18:16 43:2
patrolling 43:25
Patrolman 9:4 18:2
pause 33.23
pay 17:15
pays 32:4
pension 5:12
people 5:22 47:13
57:12 59;10 69:20
82:1
pepper 19:20,23
performing 27:22
ierlod 14:8 16:7
)ermission 102:10
)ermit 44:1,7 45:5
70:3 73:13 91:20
92:3
iermits 28:15
42:17 43:9 57:7
85:22,23 91:16,22
95:5,8 96:14
permitted 95:16
96:7
person 43:10,12,14
45:7,17,18 47:10
47:15 61:173:6
73:11,18 88:6
person's 43:13,15
47:11 102:10
personal32;9,10
36:16 60:16,19,21
64:19 95:7 102:9
personally 81:20
103:7
pertaining21:7
92:22
pertains 18:11
phone 32:1,2,7,9,10
32:11,18,19,21,24
33:2,8,9,9,9,11,13
33:17,18 42:16
92:9,11
phoned 48:3
phones 31:24,25
91:25
photograph 3:12
3:13 51:8,12 53:1
63:22,23 64:4
65:2,7,19,25 66:1
66:6,19 68:11
photographs 3: IS
42:6 50:25 51:3,7
51:9 52:24 53:4,7
53:10,13,22 54:4
54:12,15,18,22
55:9,11,13,16,17
55:25 66:14,22
67:2,11,18,21
68:14 74:12,23
75:1,6,9,25 76:25
79:10,13,15,22,25
80:1,4,7,18 81:9
81:10,13,15,17,22
81:25 82:2,5
photos 65:10
pileup 89:6
?IPER2:7
place 6:15
placed 91:15
Plaintiff 1:6,14 2:2
4:2
Plaintiffs 3:10,11
3:13,14 56:10
63:12,17 74:15
planning 69:13
planted 74:24
75:10 76:10
planting 37:2,5
38:19 39:1
play 27:25
please 33:23 35:1
point 9:1210:18,24
11:25 16:2417:22
18:131:24 36:23
45:1166:20 74:7
75:15,16 77:10
89,1195:1198:2
pointing 45:21
police 8:7,10,12,14
8:24 9:20 10:8,11
10:13,13 11:5,8
11:11,1813:5,7
14:19,24 15:8,18
15:19,2416:5
17:22,2418:12,12
18:13 19:8,9,13
19:16 20:9,10,11
20:15,17,24 21:2
21:6,10 22:9,25
23:9 25:23 26:11
27:16,25 29:2,4,9
29:14,24 30:2
31:2132:3,14,22
33:5,19,2134:23
35:16 37:8,18,20
38:3,5,13 39:21
42:5 44.4 48:11
55:14 59:7,10
64:13,23 78:10,12
78:13,23 79:6
82:8,12,17 84:24
86:2 87:9 88:16
89:10,13,15 90:4
93:1199:5
Florida Court Reporting
561-689-0999
III
policies 100:19,20
101:1,3,8,9
policy 100:25,25
101:23
polo 20:7 21:13,15
23:4 28:24 37:12
38:14,15
pool 62:18
position 7:12,13,14
14:21 17:8 99:25
100:1 101:3,6
possession 52:6,7
82:6
possible 30:19,21
67:8,9,17
possibly 10:5 50:2
51:4 53:14,15
78:25 81:16 87:14
102:4
posted 66:16
potential 24:4
28:21
prepare 42:2 90:1
present 2:12 63:2
94:20
presented 17:13
preserving 102:17
presume 39:9 93:6
pretty 5:8 10:3
12.20 30:1132:25
48:14 56:20 65:20
84:9 93:13
print 51:23
printed 51:25 82:8
96:21
printer 82:10,10
prior 93:20
private 10:14
probably 7:10,11
43:4 51:4 62:10
65:6,9 66:15
67:16 91:2 96:22
102:7
)roblem 25:17
83:19
iroblems 84:16
iroceeded 41:23
42:15,16 50:20,21
process 38:25
production 52:21
progress 61:5
progression 68:17
68:20,21
property 40:24
42:22 43:148:6,8
48:9 51:152:24
54:21,23 55:18
61:13 62:2165:15
65:25 67:2168:3
68:6,7,14 69:1,19
70:3,15,18 71:2
75:18 79:12,16
81:7,9 82:20 84:3
85:5,6 93:5,9 94:5
96:17 97:11,14
98:14,17,22 102:9
102:10
prosecuted 73:23
74:1
provided 95:5
Public 4:4 103:16
104:23
pull 97:7
pulled 91:22
purpose 75:8 96:10
PURSUANT 4:6
put 33:13 77:19
putting 88:10
Queens 8:4
question 5:23,25
13:12 18:6 37:25
38:2 59:19 63:19
72:13 73:15 76:18
79:23 101:5
questions 5:18,19
13:10 31:6,19
90:11 102:23
quick 33:23 63:5
99:18
quickly 87:23
93:13
quite 5:24
R
R 104:1
radio 31:21
ramble 5:19
Randolph 86:4,7,9
86:23
rank 9:2,2 18:1
rare30:23
rationale 96:1
Rd 2:3
reaction 41:19
read 102:23
real 33:23
really 6:5 37:19
86:18 88:13
rear 41:23,25 42:10
57:2161:7 62:23
89:4 91:2
reason 35:13 36:3
57:3 68:16 71:1
76:6,7,9 80:6,8,11
80:2181:9,12
97:9,21
recall 5:5 9:17 24:1
36:20 43:2154:7
55:12 59:159:22
60:7 62:12 72:7
74:1176:22 79:11
80:2 81:11,14
82:19 83:12 86:3
86:12,25 91:4
93:23 94:16 98:3
98:5 101:25
102:16,18
receive 15:12 102:1
receiving 102:16
Recess 33:24 63:8
99:20
recollection 87:3
94:18
record 102:20
RECROSS 3:2
REDIRECT 3:2
refer 28:6 59:17
reference 39:6
57:13 92:19,20
94:12 100:24
referring 63:16,20
65:17,21 73:19
83:5 84:5
refresh 87:3
refreshes 94:18
refused 88:9
regarding 39:8
49:12 77:17,23
82:20 94:14
101:23 102:2,17
registered 41:2
57:5
related 64:22
relative 104:11,13
relevant 87:14
remain 93:8
remained 9:11
remember 17:10
52:18 70:8 72:1,8
80:11 88:4,5 94:2
remembered 59:20
remind 6:6
removed 85:20
renovation 69:20
repeat 24:5 35:1
63:19 76:18
rephrase 5:23
report 3:10 16:2
17:23 18:13,18,20
18:2219:4 25:4
26:25 27:3 28:2
39:3,5,8 42:5
43:24 44:2,4,4
48:12,13,21,22,22
48:24 49:7,9,11
56:2,6,22,24
57:11,20 61:19
64:13,23 71:17
77:24 78:3,5,8,10
78:12,15 79:1,5
82:8 84:19 87:4
90:193:3,12,13
94:11,13,17 104:7
reported 18:7 24:7
25:8 38:23 77:2
78:22
reporter 4:3 5:20
56:9
reports 49:1,2
58:14 78:13,13
request 52:20
requested 43:8
required 27:13
requires 70:3
reserve 7:14 12:2,5
12:10,14,15 13:2
residence 34:14,15
34:20,24 37:7
38:23 40:3 43:9
45:22 49:17 79:10
resident 24:7
residents 24:4
result 42:8 75:24
75:24 89:20 102:5
resuming 63:9
99:21
retained 52:3
retire 6:13 9:20
retired 6:11 7:5 9:3
9:5,11 10:627:18
27:19,20
review 42:2,4 87:2
ride 28:13
riders 89:24
right 4:19 6.17:23
13:5,22 14:2,5
19:3 21:18 24:6
29:8 34:2 37:21
58:6,22 66:23
70:24 71:24 79:20
80:9 81:4 89:8
99:18 102:21
right-hand 63:25
right-of-way 37:3,5
38:19 68:1,2
74:24 75:11,13,16
75:17 76:11,23
77:23 78:2180:19
80:24
Rita 50:3,14 71:7
78:9,22 91:24
100:12,19 101:3
river 12:11
road 4:5 30:9,10,17
Florida Court Reporting
561-689-0999
112
75:15 77:4,6,8,13
Roeder 2:13
role 23:10 26:10
27:23,24 31:7
roles 23:14
routine 43:2
rules 52:15 101:12
running 30:20
S
S 3:8
saw38:18,23 61:8
85:10,23 88:6
90:18 94:22 98:10
saying 7:18 72:8
80:2
says 82:1
schedule 12:7
15:1120:23
SCHERER4:3
103:6,16104:6,22
school 8:2
scope 73:13
SD 51:23
SEA 4:5
seal 103:9
search 34:2,5,12,14
34:15,16 35:16,19
35:25 36:2,5,9
second 45:3 53:16
63:6 64:12 72:1
75:25 98:15,17
102:19
section 84:5
sections 84:7
secure 102:13
see 25:17 36:21
38:20 42:17 43:25
57:5 62:17,24
64:168:17,22
76:10 80:14 85:2
90:17,20 94:18
96:23 98:7 99:7
seen 61:12
self -sticking 96:21
sell 10:14
selling 9:15
semi-automatic
19:22
seminar 100:21
sense 84:9
separate 54:9
sergeant 18:9,14,1!
18:2019:5,7
sergeant's 33:8
sergeants 18:3 36:t
service 40:23 57:1
57:4,12
services 41:2 100:4
set 12:7
seven 9:1913:21,2?
14:4,11
seven-year 14:8
severity 78:17
shades 60:10,12
61:1
sheetrock 63:1
90:19 91:13
Sheriffs 89:18
shirt 19:10 20:7
21:14,16 23:4
28:24 37:12 38:14
38:16
shock 42:12
shorted 5:10
shoulder 19:14
show 12:16 5 1: 10
56:13 75:10 88:8
88:10 91:3
showing 90:19
shrubs 37:2
shutters 66:4
sic 28:9
side 20:10 47:1
50:22 91:7,9
sign 56:6,20 72:18
96:22
signature 56:16,18
56:19 102:25
significance 41:7
61:15 97:10
significant 57:2
sir 29:16
site 68:18
sites 28:14 68:22
79:22 80:5
situation 30:22
78:17
six 13:2155:6
69:18
skills 13:20 88:2
Skip 86:9
sleeve20:10
sleeves 19:11
Smith 19:22
snapped 55:9
snowbirds 59:12
sold 10:13
Sole 30:20
Soleil 40:4 56:25
68:8 69:14 70:13
82:20 85:3,23
somebody 14:12
22:16 28:20 44:16
49:3 72:4,16
73:25 76:199:25
someplace 13:1
Somewhat 59:25
66:24
sorry 33:22 63:19
76:18 80:22
sound 14:2 41:13
41:15,15 70:23
South 2:3
SOUTHERN 1:1
speak44:14,16
69:7 91:23 92:4
speaking 5:22 47:7
47:10
special 9:4 59:11
68:23
specific 15:5 27:15
92:22
specifically 45:16
spell 4:17
;plit20:23
poke 44:17 93:4
94:23
.pray 19:20,23
taff31:2
tains 90:20
stamp 64:166:5
74:25
standing 59:23
62:22 65:8,11
66:23 68:7 98:19
staring 82:25 83:9
start 16:15
started 9:23 16:16
state 4:4 6:21 15:25
87:18 103:3,16
104:3,23
statement 71:24
72:10,22,25 73:3
73:5,8,18,22
STATES 1:1
status 57.14
STEARNS 2:9 5:9
5:13 13.23 18:24
24:14 31:4,9,14
31:17 33:22 38:9
40:5,13 44:21
46:11,17,22 50:10
52:10,14,18 53:18
53:23 54:6 61:9
69:24 76:14 80:22
81:2,2182:187:6
87:14,17,20,23
88:4 93:16 94:8
95:14 96:1197:12
98:13 99:9,11
102:23
stearns®jambg....
2:9
stenographically
104:7
step 98:17
stepped 40:14,18
98:14
sticker 57:8
tickers 62:19
flood 47:23 82.24
top 50:22 66:16
95:8,10,12,20,21
96:18,20
topped 45:3 83:8
83:13
tore 10:8 11:18
STREAM 4:5
street 37:6 43:5
60:8 69:10 98:19
strike 57:3 58:20
strong 5:13
structure 90:13,16
90:25 91:17
studs 90:19
stuff 84:2
Stun 19.25
subject 65:14
subpoena 52:16
subway 88:6
successfully 8:16
16:13
sued 52:19
suit5:14
Suite 2:8
summarizes 61:2
summer 59:8
Sunrise 2:7
Superman 21:17
99:4
supervisor 49:6,8
supervisors 92:5
supply 10:11 13:5,7
support 98:25
supposed 22:3
101:9
sure 9:25 17:3 19:1
26:13 42:19 64:7
67:14 77:5,9
surveyor 75:19
surveyor's 77:9,11
swear 64:5
swimming 62:18
switch 31:24
switched 31:25
sworn 4:11 103:8
C 3:8 104:1,1
actics 15:1016:3
ake 5:11,21 16A
25:20 33:22 43:22
48:15,18,24 50:25
51:3,9 52:17,23
Florida Court Reporting
561-689-0999
113
53:4,7,10,12 54:4
54:12,14,17,22
55.1156:14 63:5
63:23 65:7,22
66:19 67:2,6,11
68:13 74:18 79:13
79:22,24 80:1,4
81:10,13 94:11,17
99:18
taken 1:14 3:12,13
4:2 66:10,15
99:24
talk 18:12 42:18
43:10,16 47:15
68:25 70:12 83:13
92:12,13
talked 43:12,14
86:11,19
talking 44:22 45:7
45:17 46:9,12,17
46:25 70:8 80:24
85:12 86:12 94:9
94:12
tall 55:4,6 99:12
tan 20:7 21:13,15
23:4 28:24 37:11
37:20 38:10,12,15
tape 75:23 76:25
task 28:20
tasks 22:2
Taylor 50:3 71:7
100:12,20
fdl4:11,15 26:12
30:3,13 59:23
60:163:18,21
67:5 70:19 74:8
74:22 76:15,16
79:11 81:22 84:6
85:25 86:8 88:4
94:25 95:19,20
100:23
en 7:10,1130:3
52:16 67:13,14,15
errible 13:21
estified 24:11
29:17 79:24 98:10
101:22
TESTIFIES 4:12
testify 5:2 98:13
testimony 28:12
53:19 104:9
thing 6:3 37:19
49:12 79:4
things 22:7 46:13
92:22
think 6:7,14 10:21
51:8 58:17 61:4
77:5 89:15,18
91:4,14
thinking 21:17
third 53:12,2154:5
55:17
thought 13:13
42:12 47:16 61:23
76:22 88:7 99:16
Thrasher 2:13 50:1
50:6 71:8,10 76:5
76:12,20 77:2
threat 88:9
three 5:5,6 7:20
14:18 30:6,9,10
41:17 83:10
threshold 40:17,18
46:18
throw 87:6
THURSDAY 1:14
4:5
till 5:18
time 6:24 7:1 8:15
8:17 10:4,21
11:23 13:9 16:21
20:15,25 21:2
30:5 31:138:6
44:2 49:6 53:12
54:9 55:18 59:2
61:13 64:1,3,3,6,8
64:10 65:3,6 66:5
66:8,15 67:3,4
69:13 72:174:25
83:25 93:18,24
97:198:15,17,20
102:11
timely 52:12
times 4:22 5:4,5,6
7:20 30:24 35:6,7
35:10,12
TITLED 4:3
Tobias 49.:23 53:9
53:23 54:3,10
66:17 67:10 92:25
93:5,9,20 94:3,15
94:2196:9,17
97:22,24
today 42:2,3,4 52:9
told 50:10,13 57:24
60:5,6,20,22 61:1
76:1,3,4 93:16
94:23 96:4
top 55:165:11
torn 90:18
totally 62:25 90:18
touch 98:1
touching 98:3
town 1:8 6:17 24:3
24:22,24 25:6,6,8
25:10,12 26:15
27:4,5,6,8,12
28:.13 32:2,4,7
33:20 36:2139:4
42:16,19,20 43:6
44:6 49:9,21,25
50:3,6,14 51:14
55:14 71:3,4,11
71:13,14,17,17
72:19 73:3 77:2
78:9,19,22 80:5
82:16 86:7,14,16
86:17,24,25 91:21
91:24,25 92:8
93:3,4,6 95:9
99:24 100:11
101:11,11 102:12
town's 37:2,5 52:6
68:174:24 75:11
75:12,16,17 76:10
76:23 82:10,12,13
83:20 84:18 95:5
trailer 83:13,17,21
84:2,10 85:8,10
85:18,24
trained 16:11
training 11:8 14:20
14:21 15:2,4,6,7,9
15:11,14,17,21,23
16:1,8 17:7 62:10
75:19
transcript 104:8
transcription 104:9
traveling 93:18
trees 37:2,5 38:19
42:24,25 74:23
75:10,15 76:10,21
77:16,23 78:20
80:18,23
tried 44:10 94:6
true 23:1125:25
58:7 59:13 67:22
71:14,15 81:5
104:8
TRUTH 4:12
try 6:6
trying 6:7 31:11
33:4 97:11,13
Tuesdays 23:20
turn 49:8 51:23,24
55:13 78:18,19
81:17 89:4 90:9
turned 49:9,11
51:22 78:15
twice 4:23 15:15,16
two 5:22 7:20 8:2
16:6 21:1823:21
30:6,9,25 33:9
46:12 49:8 54:3
56:2 58:7,11,16
61:8 62:18 67:18
80:17 90:15,16
91:10,11 93:9
two -and -a -half
16:6,7
type 93:11
typed 48:22,23
typically 18:9,10
49:1,2
U
Uh-huh 6:5
uh-uh 6:5 101:17
Um-hmm 64:2
79:21
uncommon 69:22
underneath 20:9
99:5
undersigned 103:6
understand 5:23
13:11 18:6 35:8
59:19 79:23
understands 18:24
understood 6:1
71:22
uniform 19:9 20:3
20:5 21:6,10
23:13 29:5,14,18
29:24 38:13 50:18
99:5
uniforms 21:18
29:9,10,18,21
unit 37:18
UNITED 1:1
unknown 60:25
unlocked 94:15
unoccupied 58:7
58:21,25 59:15,18
59:21,24 60:2,3,4
60:5,9,11,15,25
61:1,16,22,23
unusual25:18
updated 14:21 15:2
15:11,20
use 12:9,17 32:11
32:14,16 51:15
64:17 75:3,21
usually 6:7 10:3
15:15
vans 61:8,12
vantage 66:20
vary 24:10
vehicle 85:14 89:11
94:2,4
vehicles 62:18
82:21
verify 91:21
vicinity 56:25 91:4
Florida Court Reporting
561-689-0999
114
video 33:23
videotaped 1:13
4:1 102:24
violation 26:25
28:2138:23 68:22
83:20,24 84:1,18
95:4
violations 21:9,25
24:4,7,12 25:21
28:3,14 74:3
77:18 79:19 80:12
80:13 101:10
vision 99:7,14
visit 53:2155:17
visual 97:17
Visually 97:5
voluntary 7:21
12:2
vs 1:7
W
W -A -R -D 17:25
wait 5:18 53:18
waived 102:25
walked 85:15
walls 46:19 63:1
Walmart69:6,9,12
69:13
want 25:3 44:13
59:10 94:11
wanted 12:20 17:14
28:7,8 76:7
Ward 2:14 17:25
warrant 34:2,5,12
34:16 35:16,20,25
36:2,5,10 54:17
102:14
wasn't 12:23 24:13
38:25 45:16 52:13
53:1158:19 67:14
69:22 96:3 97:13
watching 72:25
water 12:1191:14
way 5:17 65:18
we're 10:18 33:22
weapon 19:21
weapons 19:18
wear 23:5,7,15
wearing 19:9 21:6
21:1023:4,13
28:24 38:6
week 7:15,17 20:13
20:20 21:20,24
23:18
weekend 12:23,24
went 8:21 15:24
34:19 40:10,11
41:2,8 42:8 44:18
47:6,8 48:11
50:15,19 53:9,12
53:21,23 55:18
58:20 61:7 62:1
62:16,22 66:13,17
67:10 68:16 71:25
74:6 76:24 81:7,8
89:8 91:10 93:11
94:5,15,20 96:9
96:17
weren't 26:14
30:14 47:3 57:10
68:7 88:25
Wesson 19:22
WEST 1:2
white 94:4
wildlife 6:23 7:9,12
7:19 11:23
William 2:13 50:6
wished 44:14
witness 3:2 6:2 8:9
24:15 31:1240:6
40:14 44:22 46:24
54:7 67:169:25
71:23 76:18 88:1
88:6 93:14,17
94:9 95:15 96:12
97:13 99:12,15
103:9104:10
witnessed 81:24
wooden 90:19
Word 59:4
words 45:13,14
work 6:5,18,20
7:15 8:22 9:12,14
10:1 12:1620:12
20:18 21:5 23:17
23:19,24 24:3
25:15,24 26:3
27:23 28:25 34:23
39:16 42:17 50:22
64:20 66:16 69:1
70:3 78:14 82:16
95:8,9,10,12,16
95:20 96:7,13,15
96:18,20
worked 6:219:15
30:24 93:20
worker 42:15
70:12
workers 44:10,22
63:2 69:5 94:20
94.25 95.13
workers' 82:21
working 6:24 7:9
9:23 11:14,17
13:5,714:12
16:15 30:14 33:12
39:14 47:19 95:4
95:15 96:6
works 5:17 18:10
wouldn't35:18
36:8,22
write 44:2 78:5
writing 16:2
written 58:14 78:3
wrote 43:24 48:11
48:13,21 64:13
97:16
X
X 3:1,8
x-ray 99:7
yard 46:11,15 61:9
61:10 94:1185:11
yeah 5:7 7:1138:10
56:5 65:6 74:21
77:14 81-184:13
91:1197:2,4
year 8:12 9:5,20
15:15,16 17:10
years 5:1,6,9,10
7:10,118:2 9:1
10:17 13:21 14:4
14:11,18 22:25
27:19 34:23 35:7
69:18 87:20 88:1
yellow 96:21
York 7:5,25,25 8:7
8:22,24 9:3,5,20
15:18,1918:15
22:25 34:8 87:9
young 10:6
0
01103:17 104:24
1
166:7
1:03 99:19
1:09 99:21
1:14 66:7;8 102:24
1:15 67:10
103:10 56:9,10,14
79:2 82:9 84:22
90:7 94:13,13
10-28 56:23
10/28/113:10
100 4:4
100002:8
113:1163:11,12,17
63-2165:5 67:3
75:4 91:3
11-22-201175:7
11 -by -14 962
11:05 4:6
11:34 64:1167:4
11:3933:25
12 63:11,12 65:21
75:4
12:10 63:7
12:19 63:9
13 74:14,15
13:14 66:8
1527:21,22
178010103:17
104:23
196514:25
1980's 9:6
1987 9:7
199111:13
1998 16:22
2
205:6,1122:25
201166:1170:16
70:23 80:14 90:1:
94:12 101:22
102:5
201230:2,12,14
2013 6:14
20151:14 4:6
103:10 104:16
2018103:17 104:24
22 9:1
24552-7
25 87:20
2516 68:7 85:2,23
252040:3 56:25
70:12 82:20
27 70:23
27th 80:24 81:7
28 80:8,14,17 90:12
94:12 102:5
28th 66:10 70:16
101:22
3
3 3:13
3:00 88:7
30 34:23 48:25
52:14,19 93:16,17
5272 2:3
133042:8
13480 2:3
;5 88:1
ird 103:9 104:16
4
!1;143:4,144:5
x:00 88:7
:034:23 48.25
93:17
012:3
55:49,10
810:5
Florida Court Reporting
561-689-0999
115
4th 12:23
5
56 3:10
6
63 3:11,13
65 8:13
6615:1,2
70s 15:6
737 64:25
74 3:14
80s 15:20
87 9:22
9
9:13 -CV -81053-...
1:2
90s 10:18
9113:16
9811:3 13:19
99 11:3 13:19