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HomeMy Public PortalAboutChandler Transcript pt 1- 2/24/161 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 9:14-cv-81250-KAM MARTIN E. O'BOYLE, Plaintiff, -vs- ROBERT A. SWEETAPPLE AND MAYOR SCOTT MORGAN, Defendants. February 24, 2016 1 DEPOSITION OF JOEL CHANDLER Taken By Counsel for Defendant, Sweetapple Volume 1 of 2 (Pages 1-195) Wednesday, February 24, 2016 10:30 a.m. - 4:50 p.m. Esquire Deposition Solutions 4927 Southfork Drive Lakeland, Florida Reported By: Megan M. Soria Notary Public State of Florida at Large Esquire Deposition Solutions - Tampa Office Phone - 813.221.2535, 800.838.2814 Esquire Job No. 118775 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 2 MEW-M-T]_�_k 2 DANIEL DESOUZA, ESQUIRE DeSouza Law, PA 3 1515 North University Drive, Suite 209 Coral Springs, Florida 33071 4 954.780.8262 5 On Behalf of Plaintiff (Appeared via telephone conference call) 6 7 JOSHUA A. GOLDSTEIN, ESQUIRE Cole, Scott & Kissane, PA 8 222 Lakeview Avenue, Suite 120 West Palm Beach, Florida 33401 9 561.383.9200 10 1 On Behalf of Defendant, Sweetapple 11 12 HUDSON C. GILL, ESQUIRE Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, PA 13 2455 East Sunrise Boulevard, Suite 1000 Fort Lauderdale, Florida 33304 14 954.463.0100 15 1 On Behalf of Defendant, The Town of Gulf Stream 16 LOUIS ROEDER, III Law Office of Louis Roeder 17 7414 Sparkling Lake Road Orlando, Florida 32819 18 407.352.4194 19 1 On Behalf of Chris O'Hare 20 21 22 23 24 25 ESQUIRE Esqu �eSolut o800. 21 I.DEPOn) s.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 3 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 4 1 Deposition was taken before Megan M. Soria, Court 2 Reporter and Notary Public in and for the State of 3 Florida at Large, in the above cause. 4 - - - - - - - - - - 5 THE COURT REPORTER: Do you swear or affirm that 6 the testimony you're about to give will be the truth, 7 the whole truth, and nothing but the truth? 8 THE WITNESS: I do. 9 THE COURT REPORTER: Thank you. 10 THEREUPON, 11 JOEL CHANDLER, 12 having been duly sworn or affirmed, was examined and 13 testified as follows: 14 DIRECT EXAMINATION illi=fe3•1KRAwe[GymlftVON Ila 16 Q. Good morning, Mr. Chandler. My name is Joshua 17 Goldstein from the law firm of Cole, Scott, Kissane. I 18 represent Robert Sweetapple. 19 MR. DESOUZA: Josh, you're going do have to speak 20 up. 21 MR. GOLDSTEIN: No problem. 22 BY MR. GOLDSTEIN: 23 Q. I represent Robert Sweetapple in this matter. 24 I'm going to ask you a series of questions today, not 25 trying to trick you, not trying to get you to answer ESQUIRE 800.211.DEPO (3376) 11 EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 5 1 something you don't know. If you don't understand my 2 questions, or if I tend to mumble, or if I swallow my 3 words, please feel free to ask me to repeat the 4 question. 5 A. Okay. 6 Q. Can you state your name for the record. 7 A. Joel Edward Chandler. 8 Q. How do you prefer to be addressed? 9 A. Joel is fine. 10 Q. I assume you have been deposed before. 11 A. I have. 12 Q. Just as a reminder, we have a court reporter here 13 today. We also have Mr. DeSouza over the phone. 14 Therefore, it's imperative for you to wait for me to 15 finish asking my questions, and I will do my best to 16 wait for you to finish your answers, so we don't talk 17 over each other; that's fine? 18 A. Sure. 19 Q. In addition, with Mr. DeSouza over the phone, he 20 can't see you nodding your head yes or no, and the court 21 reporter can't take that down, so your responses need to 22 be verbal. So if it's a yes or no question, your answer 23 should be yes or no. 24 A. I understand. 25 Q. If at any time you need to take a break or use ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 6 1 the restroom, let us know. I'm happy to take a break 2 for that. 3 A. I appreciate that. 4 Q. What is your current address? 5 A. 1355 Forest Park Street, Lakeland, Florida 33803. 6 If I go too fast, let me know. 7 Q. Is that your primary residence? 8 A. It is. 9 MR. DESOUZA: Josh, I can hear Joel just fine, 10 but you tend to trail off on the questions a little 11 bit. I don't know if you can get a little closer to 12 the mic. 13 MR. GOLDSTEIN: I will look at the phone when I 14 ask. 15 MR. DESOUZA: Like I said, I can hear Joel just 16 fine. 17 MR. GOLDSTEIN: I will look towards the phone 18 when I ask my questions. 19 MR. DESOUZA: Thanks. 20 BY MR. GOLDSTEIN: 21 Q. Did you do anything to prepare for your 22 deposition here today? 23 A. I did. 24 Q. What did you do? 25 A. I read some notes. Jr ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 2 3 4 5 6 7 ME 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 7 Q. What are the notes that you reviewed? A. I reviewed some e-mails, I read the transcript of the 2004 examination that I did a few months ago. I re -read most of the sworn statement that I gave to Bob Sweetapple back in 2014, and reviewed a timeline that I created for my own purposes in preparation for that sworn statement. And then I also reviewed some personal notes that I made, as well as a number of e-mails. (Enter Mr. Roeder.) BY MR. GOLDSTEIN: Q. And the notes that you reviewed or the timeline, what was the timeline based upon? How did you create the timeline? A. From e-mails and notes that I made for myself when I was employed for the Citizens Awareness Foundation, and then also from e-mails and notes that I created after I resigned my position there. Q. And these were e-mails and notes that were done contemporaneously when you were employed and not employed? A. Yes. I would refer to them as primary documents. They were original documents that I created contemporaneously with the events. And I used a software program that allowed me to put it into a timeline so it was easier to visualize. k ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 8 Q. Are you presently employed? A. Not in any traditional sense of the word. I prefer to describe it as being self -unemployed. Q. Self -unemployed? A. Yes. Q. What do you mean by that? A. I'm a civil rights activist. I don't get a paycheck. I don't work for anybody in particular. Q. And so you have never been contracted by someone to help with whatever civil rights interest they need assistance with? A. No. I don't think that would be -- I wouldn't say I have ever been contracted with anybody, not that I can think of. I mean, from time to time, I will be contacted by attorneys. I have done some consulting work with law firms periodically. Very often I'm not compensated for that. Sometimes I am. Only one time that I can remember, off the top of my head, have I ever been paid by a civil rights organization, and that was for just a project that I worked on. It was with the Council on American Islamic Relations. Q. How long ago was that? A. That was before I went to work for the Citizens Awareness Foundation. They contracted with me to do -- they got a grant, and part of that grant was to be used f�`L+ ESQUIRE 800.211. DEPO (3376) �� 1 - EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 9 1 to pay me. I think I was paid $2,500. And I basically 2 did some public records research. They have staff 3 attorneys and I was consulting with them on how to 4 better access public records. There were several civil 5 rights issues that relate to Muslim -Americans that they 6 asked my help with, which I was delighted to do. In 7 fact, I had actually done quite a bit of work with them 8 prior to that without being compensated. That was just 9 a one-time thing. 10 I can't recall ever actually receiving any 11 remuneration from any other civil rights organizations 12 except a couple times I think I got a free lunch from an 13 organization called the Poor Minority Justice 14 Association. I have worked with them more than any 15 other civil rights organization. I have also done some 16 work for the ACLU but it was not compensated. 17 Q. You said Poor and Minority... 18 A. Poor and Minority Justice Association, PMJA, they 19 are a very small, primarily African-American 20 organization here in Polk County. And as I say, I have 21 worked with them, have not gotten any compensation other 22 than one of their members owns a small soul food 23 restaurant, and I have eaten there a couple times on the 24 house. 25 Q. In terms of being a civil rights activist, what ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 10 1 type of civil rights would you believe you're an 2 activist for? 3 A. well, generally speaking -- 4 MR. DESOUZA: Sorry to interrupt. I didn't hear 5 the question. 6 MR. GOLDSTEIN: I asked in terms of being a civil 7 rights activist, what type of civil rights would he 8 say he's an activist for? 9 MR. DESOUZA: Thank you. 10 A. Broadly speaking, constitutional rights, federal 11 and state constitutional rights, also generally 12 speaking, I would say social and economic justice 13 issues. My particular area of interest is poor minority 14 rights issues, which is why I have worked so much with 15 the PMJA, Poor and Minority Justice Association. 16 My area of expertise, or I guess the reason I get 17 involved with organizations -- and I have worked with 18 many other organizations as well, is I have some level 19 of experience with access to public records. And so I 20 very frequently will work with organizations to try to 21 help them better understand how to access public 22 records, what sort of records they can get to try to 23 help them navigate obstructions that are very often put 24 up in their effort to get access to public records. 25 I have worked with religious organizations. I ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 11 work with social justice organizations, gender equality organizations. So my real interest is people being treated fairly with dignity, and so I take exception to generally the establishment that doesn't treat people fairly, particularly here in Polk County at the hands of our Sheriff. For example, when the Sheriff was sending undercover minority deputies in to spy on African-American churches, or when the State Attorney suggested they use a peaceful civil rights rally as an opportunity for a K9 exercise. So what I do is, I get the e-mails and the documents from those organizations that expose their unsavory conduct. In addition to that, just recently, for example, I also work with government agencies. I did a seminar just a few weeks ago for 9 or 10 local agencies up in Levy County. There were a couple of sheriffs that were there. There were a number of -- they were primarily law enforcement agencies. So I was asked -- this is the second time I have done this. I was asked to go up there and visit with them about my experiences as an advocate for open government, primarily trying to describe to them about how I think they should behave in a way that would help them avoid public records litigation. So I try to help them avoid litigation. A ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 12 In addition to that, they wanted my perspective on the best way for law enforcement to interact with activists. The first time I went up there was during the kerfuffle that was going on in Ferguson when a lot of local agencies were concerned they might have similar situations going on in their jurisdictions. They asked me to come and talk to them about -- I think the way they put it was, "Tell us how not to be on YouTube." I also work loosely with organizations that are -- what I would describe as first amendment type organizations, Photography is Not a Crime, for example. I have helped them a number of times to try to get access to public records. Q. How did you become involved in or find yourself having an expertise in public records requests? A. Back in 2007, I made a public records request. I had been reading in the newspaper every year in Florida, now it's a national observation, what they call Sunshine Week. It's scheduled to coordinate loosely with the birthday of James Madison, who was widely regarded as the father of open government in the United States. And every year, or most years, various members of the Florida Newspaper Editors Association, newspapers around the state, would write editorials or articles about open government, the importance of open government. And one ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 13 1 of the things they very often would do in coordination 2 with the Florida First Amendment Foundation, which I'm a 3 member of, they would send out reporters incognito. So 4 for example, they might send a reporter from Lakeland 5 down to Sarasota, or from Miami to Tampa, to make public 6 records requests. Then they would write stories about 7 how they were treated, did they get access to the 8 records the way they were supposed to. I was intrigued 9 by that. I'd read those articles over a periods of 10 years. And just out of sheer curiosity, I decided to go 11 down to Bartow, which is our county seat, and I visited 12 four or five different agencies and made public records 13 requests. 14 I knew nothing about public records law. It was 15 frightening how little I knew. All I knew is what 16 little I'd gleaned from reading newspaper articles. The 17 agencies I went to, they all gave me the records, and it 18 seemed to be sort of a nonevent until I went to the Polk 19 County School Board. When I went to the Polk County 20 School Board, the first thing they did was demand that I 21 had to sign in. And they demanded that I had to 22 disclose other personal information. They said I had to 23 make my public records request in writing. They wanted 24 to know why I wanted the records. And I didn't know 25 1 very much, but I knew they weren't supposed to do that. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 14 1 So I ended up leaving empty handed, and I went straight 2 from -- foolishly, straight from their offices to the 3 State Attorney's Office, thinking the State Attorney 4 would do something about it. 5 The State Attorney's Office, they were very nice, 6 but didn't seem very interested. But they did make a 7 phone call to the school board and basically told them 8 they had to give me the records, which they did. And so 9 I was curious, because behind the front desk in the 10 lobby is a seal that says "Knowledge is Power," which 11 sort of seems to go hand-in-hand with the concept of 12 transparency in government and access to public records. 13 So I was curious as to why they had done what 14 they did as far as making these unlawful demands that I 15 disclose personal information and make the request in 16 writing, et cetera. So I scheduled a meeting with the 17 -- at the time, a woman by the name of Gale McKenzie, 18 who was the Superintendent of Polk County School Direct. 19 She's not here anymore. And a couple of weeks later, I 20 met with her. In that meeting, she had two attorneys in 21 attendance, both of whom I know socially. And she 22 proceeded to tell me that my experience was -- and I'm 23 using her word, "non -normative." 24 And I was trying to understand, and I couldn't 25 come up with any other options here. Either it was ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 15 1 deliberate, their violation of the Public Records Act, 2 or it was done out of ignorance, which I found both of 3 those to be troubling. They are a government entity and 4 they know the law. Or if they don't know the law, 5 they're an educational institution and they assert that 6 knowledge is power. I just wanted to know why it went 7 that way. 8 So she just assured me that I got them on a bad 9 day, it's not the way they normally do business. So we 10 left it at that. That was February or March of 2007. 11 So I waited a year. And in -- I guess it was about 12 March of 2008. I tried to think of the most offensive, 13 invasive thing that I could ask for that I was pretty 14 confident they wouldn't want to let me have. So I went 15 back down there and made a public records request for 16 the health insurance enrollment information for all of 17 their employees and all of their dependants, which at 18 the time, was nonexempt and subject to disclosure. And 19 they told me they wouldn't let me have the records, and 20 they sent me an e-mail, this e-mail had all of these 21 statutory citations and I didn't really understand what 22 those were, but I took it upon myself to read those 23 statutory citations, and not one of them had anything to 24 do with public records, much less any kind of an 25 exemption. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 16 So they wouldn't let me have the records. So at the time, I had the resources economically to do it. So I hired an attorney and sued them. And spent -- I probably racked up about $50,000 in legal fees, and wrote tens of thousands of dollars of checks to get access to those records. When we finally went to court, the judge asked them for their defense, and their attorney, sort of meekly, said, "Your Honor, we don't have a defense." And I think this is an exact quote. "Your Honor, we don't have a defense. We just didn't want to give him the records." I was blown away by that. It was shocking to me. It was the only time I've ever heard a judge use profanity on the record. His response was, "Why the hell are we here?" That was an eye opening experience for me to realize there are people in power who will willfully, deliberately break the law just because they want to. They don't have any good reason for doing it. They just don't want to. As it turns out, I got this information as a result of the whole series of public records requests I made at the Polk County School District. The reason they didn't want me to have it was because they were selling it. They were selling the same information to credit card companies, to financial planning companies, to insurance companies. In fact, C) ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 17 1 one of the school board members who had opposed me 2 getting the records had bought the same exact 3 information and used it in his political campaign to 4 become a school board member. 5 I ended up getting my legal fees back, and 6 frankly, it was a little bit like playing blackjack. I 7 decided double down, let's go again. So I made the same 8 exact request to every school district in the state, and 9 most of them gave me the middle finger. They just 10 wouldn't let me have the records. So I sued ten more, 11 and I won all of those. And then I made a public 12 records request -- this is probably one of the most eye 13 opening experiences I've ever had as an advocate. I 14 made a public records request to every school district 15 for any records they had referring to my public records 16 request. And to and behold, what I got was -- I think 17 it was Madison County, who I did not sue, and who had 18 given me the records in the first place. What I got 19 from them were thousands of communications between 20 school board attorneys. There was an organization I had 21 never even heard of, the Florida Association of School 22 Board Attorneys. And they had this list serve where 23 they kept talking to each other. And there were school 24 board attorneys saying, yes, we have the records, but 25 we're not going to give them to him. And they were ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 18 1 engaged in a criminal conspiracy. You had attorneys 2 saying, well, we're going to tell him that we don't have 3 the records. Another attorney would say, well, we are 4 going to tell him that the records only exist in a hard 5 copy, so it will cost him a lot of money to get those 6 copies. Then there were other attorneys saying, well, 7 we're going to tell them that they are just 8 inaccessible. 9 1 To their credit, there were some school board 10 attorneys who came right and said, what you -all are 11 doing is illegal, that you may not like it, but he's 12 entitled to the records and you've got to give them up. 13 Those e-mail threads lead to the criminal prosecution 14 and conviction of the Polk County School Board's General 15 Counsel for criminal violation of the Public Records 16 1 Act. 17 That was a really eye opening experience for me 18 to realize that there were public officials, people 19 being paid to follow the law and do what is in the best 20 interest of their constituents, who were very willing to 21 break the law. It was deliberate. It wasn't 22 incidental. It wasn't, golly gee, we don't know what 23 we're doing. These are guys who went to law school, who 24 passed the Florida Bar, who apparently are supposed to 25 know the law, but just decided they where going to break ESQUIRE 800.211.DEPO (3376) 11 I I EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 19 1 it. So that is sort of where I got started. 2 From there, I started making other requests for 3 other things, and realized the power of public records 4 access. I filed with legal counsel, I don't know how 5 many, a few dozen lawsuits, and won all of them. And I 6 was very, very fortunate. The law firm that I first 7 hired, Thomas & LaCicero, who's still my principal legal 8 representation, are, in my opinion. The preeminent open 9 government litigators in the state of Florida. In fact, 10 Greg Thomas, who is their senior partner, is the 11 gentleman who has litigated many of the landmark public 12 records cases in Florida. They are regularly used as 13 citations by both sides. 14 He was very patient, very kind, and eventually 15 suggested that I might find it educational to file a 16 lawsuit pro se, which I did. And I have since then, 17 both with legal counsel and as a pro se litigant, filed 18 hundreds of public records lawsuits. Recently, just a 19 few days ago, I was doing some research that required me 20 to go to the Polk County Clerk of Courts web portal. 21 And I think I saw that I had filed just in Polk County, 22 I think 80 or 90 public records lawsuits. And of course 23 I file public records lawsuits all over the state. I 24 lost count of exactly how many there have been. My last 25 calculation, 99.6 percent of them had either been ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 20 adjudicated in my favor by the court or had been settled in favor of access, meaning that the records were ultimately produced and the offending agency agreed to take some sort of remedial action to correct the problem. So I guess my knowledge about open government litigation is sort of the school of hard knocks, figured it out. By the way, I do not only do -- I do my own public records litigation, although right now I don't think -- I think I have 30, a little over 30 pending public records cases that are still ongoing. Only three of those were with legal representation. But I also, in addition to doing public records litigation, I also get contacted from time to time by state agencies asking me to consult with them, with their legal counsel, on either how to improve public access, or strategies on how to defend against public records lawsuits. I did one not long ago with the Department of Economic Opportunity. They had a fee hearing and I was helping them prepare for a fee hearing. And I think they were successful in getting their fees reduced by about $50,000, although they wouldn't have paid a penny if they obeyed the law in the first place. Q. So you said you filed about 80 or 90 in Polk County since 2007, would you say? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 21 1 A. My first public records lawsuit was in 2008 2 against Polk County School Board. 3 Q. So from 2008 to present, how many, in total, 4 would you say you personally have filed? 5 A. As a plaintiff, you mean? 6 Q. Correct. 7 A. Both with and without counsel? 8 Q. Correct. 9 A. I could only estimate. I would say -- I would be 10 shocked if it's not well over 300. I don't think it's 11 1 400 yet, yet. 12 Q. So approximately 300 public records cases? 13 A. If somebody -- I have never bothered to do this. 14 If somebody got on LexisNexis and figured it out and 15 told me there were 350, that would not surprise me. 16 Q. Now, prior to 2007 when you started making these 17 public records requests, what were you doing? 18 A. I had spent about 20 years as a copy machine 19 salesman. About 11 years of that -- about 2 years as a 20 salesman, then about 8 or 9 years in management. I 21 worked for a couple of different multinationals. And 22 then I decided to quit, and I started consulting with 23 office equipment dealers, people that sell copy 24 machines, all over the United States. I had clients in 25 probably 25 different states. Essentially what I would ESQUIRE 800.211.DEPO (3376) 1 EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 22 do is, I would do research in their particular market, identify their competitors' most vulnerable accounts, and sell to them a database that they could use to basically take accounts away from their competitors. The office equipment business is a very predatory business, extraordinarily so. It's very rare that somebody goes out and sells a business their first copy machine. You are taking an account away from somebody else. That's how it works. Ironically, I was using public records to do I didn't think of them that way. In fact, that was one of the first abuses that I experienced, but didn't realize I was being abused. It was a state contractor who operates the UCC program for the State of Florida, Universal Commercial Code for the State of Florida. They catalog them, manage them, and provide access to them. I went to -- this is just one example of why what I do, I think, is important. I went to the state archives and wanted to get I was shocked they let me have them. I didn't know that the public could even get those things. And the guy at the state archives, when I asked him how much it would cost, he told me he was going to charge me $50 a CD, and there were I don't know how many CDs, but there were going to be thousands and tens of thousands ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 23 1 of dollars to get this stuff, and didn't have that kind 2 of money. And subsequent to that meeting, the State 3 hired this private company, Image API, to manage this 4 for them. So this is a for-profit company that is doing 5 it. When I quit working for somebody else and went to 6 work with my own consulting business, which was just me. 7 It wasn't even a corporation. I contacted Image API to 8 get these records and they charged me thousands and 9 thousands and thousands of dollars, of which I paid. 10 And years later, sometime after 2008 when I started to 11 have a clue about public records access, I went back and 12 looked at it, and sure enough, they had screwed me. 13 They had overcharged me by about $4,000. So I sued 14 them. I think they ended up paying $12,000 of my legal 15 fees and they refunded the $4,000 they had stolen from 16 1 me. 17 1 And this happens all the time. That is one of 18 the most common mechanisms used by public entities, both 19 public -operated agencies and those that operate on their 20 behalf, like Image API, to frustrate access. They use 21 it as a profit center, or they use confiscatory fees in 22 an effort to try to frustrate access. 23 So anyway, I had a consulting business, which I 24 lost interest in sometime after 2008. I was still doing 25 that when I started the public records -- my first ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 24 1 public records request. And the more access I got to 2 records and the more experiences I had where I was being 3 frustrated in my access to records, that's when I 4 started doing more and more litigation, and then I began 5 to sort of reevaluate my view of the world as far as how 6 poor minority people are being treated, and realized 7 that they desperately need access to public records. So 8 I basically quit my consulting gig and started on this. 9 Q. Now, of the public records requests that you have 10 or the lawsuits that you have filed where you have been 11 represented by counsel, related to public records 12 requests, what law firms have you used or attorneys? 13 A. I'm sorry. Say that again. 14 Q. For the lawsuits that you've filed with respect 15 to the public records request where you have been 16 represented by counsel, which law firms would you say 17 you've used? 18 A. I don't know that I could give you a full 19 accounting of that off the top of my head because there 20 have been quite a number. Thomas and LaCicero would be 21 my principal law firm. The O'Boyle Law Firm represented 22 me in a few cases. A guy by the name of John McKnight 23 represented me in a few cases. There was a law firm 24 here locally, Pinkett &Pinkett, that represented me in a 25 few -- I say a few, probably a dozen or so cases. Who ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 25 1 else? A guy by the name of Eric Abrahams down in South 2 Florida represented me in one or two cases. Nathan 3 Carney is representing me in three cases presently. 4 Matt Weidner represented me briefly in a few cases. He 5 has since changed the nature of his practice, so I'm 6 taking three of those back to do pro se. There may have 7 been others. That is not a definitive list. 8 Q. But you say the majority of the cases that you 9 did have counsel was with Thomas and LaCicero? 10 A. I don't know if a majority would be the right way 11 to put it. The most interesting cases have been with 12 Thomas & LaCicero. A lot of the more run of the mill 13 stuff, you know, it's not real complex, and frankly 14 doesn't take a great legal mind to do, numerically, I 15 couldn't tell you. I'm sure by this point, the vast 16 majority of the cases that I have litigated I have done 17 pro se. 18 Q. Do you know the Plaintiff in this matter, Martin 19 O'Boyle? 20 A. I do. 21 Q. How did you come to meet Mr. O'Boyle? 22 A. Sometime in 2013, I want to say it was earlier in 23 the year, I got a phone call or e-mail from Barbara 24 Peterson, who is the President of the Florida First 25 Amendment Foundation, who I would describe as a ESQUIRE 800.211.DEPO (3376) 11 1EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 26 colleague and a personal friend. She contacted me saying she was going to have a meeting with a guy named Marty O'Boyle down in South Florida. She was going to meet for breakfast or coffee or something, and that he had expressed a real interest in open government advocacy, and she thought if I was available, it might be worth taking time to meet with her and him. So I drove down to West Palm Beach, and we met at -- I think it was a Holiday Inn near the West Palm Beach Airport, as I recall. It was sort of a nonevent. We clicked. It was very friendly, cordial conversation. It wasn't really substantive. It was just sort of public records, open government issues generally. That was the first time I had ever had any contract with him. It was a very pleasant meeting. Q. 2013? A. Early part of 2013, as I recall. I can't say that definitively. Q. Was there -- just so I'm clear, just general open government discussions that occurred at that meeting? A. Yes. I don't remember any of the particulars about the topics of conversation other than I'm confident that it was just general discussions about open government. There was no particular agenda. Q. Do you recall if there was any discussion about, ESQUIRE 800.211.DEPO (3376) < EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 27 1 I guess, prior open government -- 2 MR. DESOUZA: Josh, I hate to do this, but I have 3 to have you speak up. I can hear you, then towards to 4 end of the sentence I can't hear you. It's probably 5 because you're looking at Mr. Chandler when you're 6 asking the question. 7 MR. GOLDSTEIN: Or looking at my notes. 8 BY MR. GOLDSTEIN: 9 Q. The question I started asking, was there any 10 discussion about prior experiences in making public 11 records requests or comparison of notes of prior 12 experiences in making public records requests? 13 A. It wouldn't surprise me if that was part of what 14 was discussed. I don't really remember. I just 15 remember it being a very cordial meeting, and my sense 16 when I left -- and I think Barbara and I may have 17 communicated afterwards either by e-mail or phone, we do 18 both, was that -- I came away from it with kind of a 19 sense that here's a guy who apparently has some means, 20 and seems very earnest about open government issues, 21 seems really passionate about open government issues. 22 She operates a nonprofit. And my advocacy for open 23 government and for civil rights generally has been an 24 economic disaster for me personally. So it was -- the 25 1 sense I came away with was here's somebody who might ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 28 1 actually be, at some point, a benefactor, I guess, might 2 be the right word, somebody who seems they are serious 3 about it who actually has some resources. 4 So many people that I deal with -- and I get 5 contacted all the time. I get contacted by reporters a 6 lot asking for help on open government issues, and also 7 looking for stories. I very regularly source for 8 reporters around the state of Florida and nationally for 9 various stories, and I don't get compensated for that, 10 and that's fine. 11 I get contacted by citizens, very often, who are 12 getting frustrated by access to records. They don't 13 have any money. Most of my advocacy work is done with 14 poor minority people, who by definition, don't have any 15 resources. I get contacted sometimes by government 16 agencies, examples I've given you earlier, sheriff's 17 offices -- even the Sheriff's Office here in Polk 18 County, which I have had a fairly adversarial 19 relationship with, I have been contacted by them to 20 consult on public records issues. I don't get paid for 21 any that. 22 So most of the people that I deal with, most of 23 the people that contact me, don't have a pot to piss in. 24 So it certainly, you know, was notable in my mind that I 25 was actually talking to somebody who seemed passionate ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 29 1 about the issue, who actually had resources. That was 2 interesting to me. Neither one of us -- at least 3 nothing was communicated between us, me and Barbara, 4 that we didn't have any nefarious plans to try to get 5 his money. But it was like okay, that's kind of cool. 6 Most people that contact her and most of the people that 7 contact me bring nothing to the table other than hey, 8 can you help me? Which I'm happy to do. But it was 9 very notable that we were dealing with somebody who 10 seemed passionate and had means. 11 But just to be clear, there was never any -- it 12 was a purely social event. Marty bought breakfast. I 13 remember I had coffee and pancakes and he had oatmeal. 14 But that was the -- there was no compensation. There 15 was no promise of money. It wasn't like he was offering 16 to be a benefactor. He just seemed interested and 17 interesting. 18 Q. Was there anyone else at that meeting besides the 19 people you have mentioned? 20 A. No; just the three of us. 21 Q. Do you recall if there is any discussion 22 regarding public records requests that were sent to the 23 City of Longport in New Jersey during that meeting? 24 A. Don't recall. 25 Q. At this early 2013, were you aware of the Town of ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 30 1 Gulf Stream? Had you heard of the Town of Gulf Stream? 2 A. I can't say I never heard of it. I don't -- it 3 had no special meaning to me. I mean, it's very 4 possible by 2013, I would be surprised if I had not, at 5 some point, made a public records request to Gulf Stream 6 by that point. There are 412 municipalities in Florida, 7 and I have probably made public records requests to 8 every single one of them multiple times. I'm sure there 9 is a government agency some place in Florida that I 10 haven't found yet, yet. But, you know, so I don't know. 11 Like I said, it had no more special meaning to me than 12 Nakomis or Mulberry or any other town in Florida. 13 Q. Following that meeting, did you ever meet with 14 Mr. O'Boyle again? 15 A. Yes, many times. 16 Q. When would you say your next meeting with Mr. 17 O'Boyle was? 18 A. I don't know if it was weeks or months, but 19 1 sometime following that meeting with Barbara and with 20 Marty, I was contacted -- I believe it was by Ryan 21 Witmer, who was working for the Commerce Group, which is 22 the company that Marty owns. I'm pretty sure it was 23 Ryan that contacted me and said they had some public 24 records issues they were working on, and would I be 25 willing to come down to Deerfield Beach and meet with ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 31 1 1 them to discuss open government issues, to consult with 2 their attorneys -- not with Marty, but with Bill Ring, 3 who was the attorney. And Ryan, at the time, as I 4 recall, had passed the Bar in New York and had passed 5 the Bar in Florida. I think he was still waiting to get 6 his law license. I'm not sure of that, but I think that 7 1 was the case. 8 So anyway, at their invitation, and they were 9 very insistent that they would cover my cost of going 10 down there and paying me to go down there. I have 11 mouths to feed, so I was happy to do it. It wasn't a 12 lot. I think it was -- I don't know. I want to say it 13 was $25 an hour or something. My total thing going down 14 there was like 600 bucks or something. So I went down 15 there, and met with Bill Ring. It was the first time I 16 met Bill Ring, first time I met Ryan in person, was a 17 lovely guy. And Marty was there. And I remember it 18 would have been in April because they were right in the 19 middle of doing a bunch of tax stuff. So that timeline 20 makes sense to me. It would have been in April because 21 I remember there were gobs and gobs and gobs of tax 22 documents spread out all over their conference table. 23 So that would have been a few weeks -- a month or so 24 after I met with Barbara and Marty for the first time. 25 So it would have been early 2013. ESQUIRE 800.211.DEPO (3376) 11 EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 32 I think I just went down there -- I don't think I spent the night. I think I just went down there for the day. No. I take that back. I did spend the night. I spent the night at Marty's house, because after that meeting, which I remember vividly, because the highlight of the meeting was a hot pastrami sandwich that I got. It was amazing, the best pastrami sandwich I had ever eaten. They ordered in for lunch. Q. Pickle Barrel? A. That may have been it. It was very good, the second best. The best place is down in Miami, Stevens. Have you ever been to Stevens? Q. No. A. Pastrami, out of this world how good it is. MR. SWEETAPPLE: I'm getting hungry now. A. But we had a delightful -- we had a really nice dinner. Marty took Ryan and me to a very nice restaurant in -- I don't know, Delray or some place, had a lovely meal. I remember I had risotto. Q. This was April of 2013? A. Yes. It would have been -- I'm guessing, I'm guessing it would have been 14, 15. Q. Don't want to guess. So if you recall... A. My recollection is -- I'm certain about the tax stuff going on. Marty kept popping in. He was not in ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 33 1 the meeting the whole time. He kept popping in ad out 2 because he had tax stuff to do. The nature of the 3 meeting was they had a bunch of public records requests 4 that had been made to the State Attorney's Office. And 5 they were -- "they," being the attorney and Ryan, his 6 paralegal, I guess -- were contemplating filing a public 7 records lawsuit or a number of public records lawsuits. 8 So essentially, what they were asking me to do was to 9 review the requests that were made and the responses, 10 the facts of these potential cases, and give them my 11 candid assessment of whether or not they were worthy of 12 litigation. And my assessment was in every instance was 13 they were not. They shouldn't file suit. 14 Q. At the time, were you aware of the facts 15 surrounding the basis for the public records request 16 sent to the State Attorney's Office? 17 A. I don't think that I was, and frankly, I didn't 18 really care. It wouldn't make any difference to me. 19 Motivation doesn't matter. I know that a lot of people 20 get hung up on that. It just doesn't matter. I found 21 out at some point, some of the vague facts. I know 22 there had been some issue -- I think his daughter had 23 been arrested on a DU I or something. I don't know all 24 of the details. Even now I don't know all of the 25 details. I know he had some sort of ongoing ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 34 1 disagreement with Dave Aronburg who, I guess, was the 2 state attorney at the time. I don't know if he still 3 is. But I didn't really care. One of the things that I 4 think I've been pretty consistent in my civil rights 5 career, I don't care what somebody's motivation is. It 6 doesn't matter to me. I suppose if I found out there 7 was an organization of pedophiles that might want my 8 help with public records access, I probably wouldn't be 9 too interested in helping them. But I worked with, like 10 I mentioned, the Council on Islamic -American Relations. 11 I'm not a Muslim. I have no interest in whatever it is 12 they're doing. But if they need help getting access to 13 records, I'm happy to help them do that. I have worked 14 with the Atheists of Florida. I've worked with the 15 ACLU. I've worked with people who are interested in 16 getting records because they are advocates for 17 preventing cruelty to animals. It doesn't matter why 18 somebody wants access to records. I don't think it was 19 really an issue. 20 Q. But you would agree of those organizations you 21 previously listed and just listed, typically when they 22 are making a public records request, they have a 23 specific interest in the actual information they are 24 seeking, as opposed to just seeking benign or just 25 general information? ESQUIRE 800.211.DEPO (3376) I_ EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 35 1 A. No. I wouldn't agree with that. 2 Q. So you're saying that the Islamic foundation 3 would just make a public records request for any type of 4 information regardless of whatever their objective is? 5 MR. DESOUZA: Objection. 6 A. I would make the distinction between objective 7 and motivation. And it's a nuance, but very significant 8 distinction. I very frequently, when people contact me 9 asking for help, and I say people euphemistically, 10 organizations, people, whoever, when I'm contacted for 11 help, I don't condition my willingness to help on their 12 motivations. But I very frequently ask them what the 13 objective is, because that very often has something to 14 do with how, if I were similarly situated, how I would 15 make the request. 16 I very frequently, and I'm sure this is true of 17 many of the people I have worked with, make requests for 18 records because I have a very specific objective for 19 getting the records. There is a reason why I want them. 20 But there are also times when I have made public records 21 requests, and I think this is probably true of some of 22 the people who I have helped over the years, who are 23 making the requests for no other reason than sheer 24 curiosity. The first public records request I ever 25 made, I couldn't care less about the records. That ESQUIRE 800.211.DEPO (3376) 11- Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 36 wasn't the issue. I went down to Bartow and went to those four or five public agencies. I wanted to see what would happen. Again, motivation's an impermissible issue in the context of public records access. It's something that the custodian can't consider. The courts can't consider it. It's irrelevant. I wouldn't agree with your assessment at all. I think sometimes people make requests because they really need the records for a particular reason. I think other times they make the request because they want to see what is going to happen. I don't know their walls with Maybe they want to use it to paper I don't know. It doesn't matter. That's the beauty of it. The problem with allowing people to take into consideration motivations -- and this is true, by the way, not just in a disparity of views between people like me and the establishment, but it's also between people like me and other people like me. I have recently had a conversation with somebody who's done a fair amount of open government litigation, and has been successful at it, and they were taking a very condescending view of anybody who makes a public records request, quote, "just because they can." And my response to that is that's morally, logically, and legally the equivalent of saying that Rosa Parks didn't ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 37 1 really want to go anywhere on a bus. Or that's like 2 saying that four black men walked into a Woolworth's in 3 Greensboro, North Carolina in 1960 and weren't really 4 hungry. That is not the point. See what I mean? 5 Q. Sort of. 6 A. Motivation -- what I'm getting at is even among 7 activists, it's surprising to me how quick some 8 activists are to dismiss the motivations and objectives 9 of other activists. Because they aren't important to 10 me, then they are not important. But the reality is my 11 rights are no more secure than your rights are. And 12 that's a fundamental principal of civil rights activism 13 generally. Whether in the context of open government or 14 otherwise, besides my world life view, which dictates 15 that I care about how other people are being treated, I 16 ought to be aware enough of my own self interest. 17 The reason I don't want the police to use attack 18 dogs on peaceful civil rights protestors is I don't want 19 them using them on me. See what I mean? And the same 20 thing is true with access to public records. If 21 somebody doesn't like the reason that Marty O'Boyle is 22 making public records requests, again, my response is it 23 doesn't matter, his motivation. Now, we can talk about 24 a whole lot of other issues that I've got with Marty 25 O'Boyle, but that ain't one of them. If somebody wants ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 38 to make a public records request because they are pissed off at some town, or pissed off at some public official, they have the right to do that. The dangers is once you start scrutinizing why someone is making the request, then I think you get to a slippery slope that inevitably leads to a place where you're going to say, well, I don't like your reasons for doing it. Mine's okay, but yours isn't. As soon as you do that, my right to do it is in jeopardy. So again, I am confident that I, in no way, with Marty or anybody, said, "I want to know why you're doing it before I come help you." Q. But you would inquire as to their objective? A. Yes, absolutely, what is the end game? What are we trying to do here? What are we trying to get at? Q. So when you met with Ryan Witmer, Bill Ring, back in April of 2013, did you inquire what their objective was in terms of their public records request on the state attorney's office? A. I may have. I don't recall. It wouldn't surprise me -- well, frankly I would be surprised if I didn't ask that question. Q. So would you be okay in, I guess, advocating public records requests where the objective is purely just to harass the town, or to harass the state ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 39 1 attorney, or harass whatever entity the records requests 2 are being sent to? 3 MR. DESOUZA: Objection, form. 4 A. That would be a little bit like asking me if I 5 had a problem with the Immokalee farm workers protesting 6 out in front of Publix; why are they doing it? Well, I 7 suppose part of the reason they're doing it is probably 8 to raise public awareness about Publix being too damn 9 cheap to be willing to pay a penny a pound more so poor 10 farm workers can actually try to feed their children. 11 I suppose, depending on your perspective, you 12 might say they're trying do it to try to harass Publix. 13 If they are not breaking the law, they're not engaged in 14 violence, they are not blocking public thoroughfares, 15 they're not in some other way violating some 16 constitutionally sounds statute, I wouldn't call it 17 harassment. Now, if I was a stockholder in Publix, I 18 might feel like I was being very much harassed. But I 19 guess harassment is in the eye of the beholder. 20 And again, if you were to ask me if that's a 21 prudent approach, to pound some little town with gobs 22 and gobs and gobs of public records requests, no. I 23 think that is really imprudent. And when I ultimately 24 went to work for the Citizens Awareness Foundation, one 25 of the conditions of my employment was there can't be ESQUIRE 800.211.DEPO (3376) EsquireSolutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 40 1 any enemies lists. But that has nothing to do with 2 whether or not I think somebody has the right to make a 3 bunch of public records requests to a little town. I 4 wouldn't do it, not on the scale that I think it has 5 been done. 6 But having said that, just to kind of give you a 7 different -- this is sort of the fable of three blind 8 men describing an elephant. Everybody comes away with a 9 very different perspective depending on what part of the 10 elephant you're touching. 11 So I recently had a lawsuit against this little 12 town in Polk County. I made a public records request 13 because I wanted their -- for a very particular reason, 14 I wanted -- I had a very definite objective and a very 15 sound motivation. I wanted to know if the City 16 Commissioners were having conversations they weren't 17 supposed to be having. Because every time I went to one 18 of these public meetings, it was amazing how incredibly 19 efficient they were at making decisions. It was as 20 though they had already talked about it. They would 21 walk in, and make a decision to enter into a 22 multi -million -dollar contract, have two minutes of 23 discussion, and they would do it. This was a little, 24 tiny town. 25 I just wanted all of the e-mails of the city e, ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 41 1 commissioners from their city e-mail address. And the 2 town came back and told me it was going to cost, I don't 3 know, like $2,000 or something for each of the city 4 commissioners. It was going to cost me like $20,000 to 5 get these e-mails. 6 Well, okay. So what I ended up doing was 7 breaking it down. If you want to take -- this is a real 8 simple public records request. They shouldn't be 9 talking about anything they're not supposed to be 10 talking about. There shouldn't be anything exempt or 11 confidential in there. So what I ended up doing, 12 because I didn't have the money to pay $20,000 to get a 13 bunch of e-mails. I made a separate public records 14 request for each of the city commissioners per day. I 15 want all of the e-mail addresses for this city 16 commissioners on January 1st, 2015, and same for each 17 one of them. And I did that for I think about 100 days. 18 And it wasn't that I was trying to harass the town. It 19 was they were putting me in a position where they 20 weren't giving me the records. They were records I was 21 entitled to. They weren't records that would have taken 22 any significant amount of time to gather. There 23 shouldn't have been anything exempt or confidential in 24 there. 25 1 Now, they, I'm sure, would take the position that ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 42 I was harassing them. I wasn't harassing them. I was breaking it down and making small public records requests that would fall under 15 minutes so I could get the records at little or no cost. And by the way, when they finally produced all of them, not one of them had a redaction in it, nothing was redacted because there wasn't anything exempt or confidential. But they jacked me around. So some people would say that's harassment. That's not harassment. They're skirting the law. They are trying to block my access to records based on cost. So again, harassment is in the eye of the beholder. Q. So in April 2013, how long would you say you were down there assisting Witmer and Ring? A. I think I was down there for a day, as I recall. And I think maybe what I did was went down the night before, and we went to dinner. Maybe that's the way it worked. Then the next day was a full day in the office. I think that was it. I went down on a Sunday evening, and then we had dinner in Delray, Marty, Ryan, and myself. And then the next day was with Bill Ring, had that delicious sandwich, and drove home. Marty was very hospitable. He offered to put me up in a hotel or let me stay at his house, and I opted to stay in his very nice home. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 43 Q. At the time of this meeting in April 2013, were you aware of any prior relationship or, I guess I'll call it relationship between Dave Aronberg and Mr. O'Boyle? A. Prior to going down there, I'm sure I didn't recollection is that after dinner, we went back to Marty's house, the three of us, Ryan, too. And pretty early in the evening, Marty excused himself and turned My in for the night. And Ryan and I sat up and, at Marty's invitation, took advantage of his very well stocked bar. And we sat out by the pool, and he and I talked at length about the law, and about just law generally, and about civil rights issues in particular. He seemed pretty passionate about civil rights issues. And I think at that time -- we were out there until very late, early morning hours. And I think as I recall, he shared with me some of the details about Marty's issues with Aronberg. Q. Do you recall what those issues were? A. Just that he felt -- as I recall, that Marty felt his daughter had not been treated fairly. Q. You don't recall any additional discussion regarding whether or not there was a prior relationship between Mr. O'Boyle and Dave Aronberg? A. No. I think anything I learned about that ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 44 1 probably came from newspaper articles that I read 2 subsequent to that. 3 Q. Do you recall what you had read in the newspaper 4 articles? 5 A. The general recollection I have is that his 6 daughter had been charged with DUI, and that -- I don't 7 know any of the details of that at all, but just that 8 Marty came away from that feeling his daughter had not 9 been treated fairly, which wouldn't surprise me that 10 Marty would feel that way, and it wouldn't surprise me 11 that his daughter wasn't treated fairly, given my 12 experience with people on the abused end of law 13 enforcement. 14 There was some -- one of our newspaper articles I 15 read, there was some issue about Aronberg flying in 16 Marty's plane or something, and whether or not that was 17 a campaign contribution or something. And to the best 18 of my recollection, I don't think Marty and I have ever 19 discussed it, certainly none of the details about his 20 daughter. 21 Q. Just so I'm clear, you have no actual knowledge 22 as to the, I guess, facts surrounding the circumstances; 23 correct? 24 A. Don't know and, frankly, don't care. And just to 25 kind of give this a background from my perspective on ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 45 1 this, the Poor Minority Justice Association, for 2 example -- this, I think, may be helpful to you in 3 understanding why I would be so disinterested in the 4 facts. Before I went to work for Citizens Awareness 5 Foundation, I was, on a fairly regular basis, I would go 6 over to Winter Haven and to an African-American 7 ministry. His name is Clayton Cowhart. And he has a 8 radio show that his audience is largely poor 9 African-Americans. He asked me to be a guest on the 10 radio show. And the radio show went from 5:00 to 6:00 11 on a Thursday. At the end of the radio show, he said -- 12 it was a call-in radio show and people were calling in 13 with civil rights issues. He said just before he closed 14 out the radio broadcast, he said, Brother Chantler, is 15 what he called me, Brother Chantler is going to be at 16 the church at 6:15. If you've got an issue, you can 17 meet Brother Chantler over there. I had no idea that 18 was part of the agenda. 19 So I went over to his church, which is in a very 20 poor part of Polk County. And there were probably 50 21 people waiting for me. And they were all 22 African-American, maybe one or two Latinos; no Whites. 23 And I spent the next several hours talking to people. 24 Obviously I can't give legal advice, but they are 25 describing to me various issues they've got. And most ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 46 1 of them, the vast majority of them, they had a child, or 2 a spouse, or a loved one who was either in jail, in 3 prison, or being prosecuted. And for those folks, none 4 of them have private attorneys. All have public 5 defenders. And the common denominator that I got in 6 that first night over there was that the public 7 defenders were doing virtually no meaningful discovery 8 in these criminal prosecutors. So I spent every 9 Thursday night for the next nine months to a year going 10 over there, meeting with these people. And I can't give 11 them legal advice, but I can tell them if my kid was 12 being prosecuted, here is what I would be asking for. 13 If I had some dipshit attorney who wasn't doing his job 14 defending my child, and my kid was being prosecuted 15 because supposedly he dropped a bag of crack cocaine at 16 his feet as the officer turned the corner, the first 17 thing I would want to do is impeach the character of 18 those police officers. They are the only witnesses. So 19 I would help them get access to public records. 20 Some of those people that I helped -- and there 21 were a shocking number of them that ultimately ended up 22 being acquitted, because what we found out is the police 23 officers are very well documented liars in many 24 instances. You have a guy who, if you look at his IA 25 summary, and his internal affairs investigations, ESQUIRE 800.211.DEPO (33 76) EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 47 1 everybody in town knows that he's a notorious liar, yet 2 we are going to prosecute some kid on the word of this 3 guy. And there were people who ended up being 4 acquitted. 5 There are some of the people that I'm sure were 6 guilty as sin. There was one woman and her husband, 7 they had an 18 -year-old boy who had been charged with 8 first degree murder. And the more time I spent getting 9 access to records and the more documents I saw, the more 10 convinced I was that he was probably guilty. But I 11 still sat with them around their kitchen table, and we 12 still sat there and cried together trying to figure out 13 a way to give him the best possible defense he could 14 get. Him being guilty had nothing to do with it. I 15 don't care. What I want is for him to be defended and 16 to get his fair day in court. It doesn't matter to me 17 what somebody's motivations are what or somebody's 18 circumstances are. It's irrelevant. 19 So I don't care whether Marty's daughter was 20 fairly or unfairly treated by the State Attorney's 21 Office. If Marty wants to make public records requests 22 to the State Attorney's Office, I'm happy to do that. 23 Q. After this meeting in April 2013, when was the 24 next time you spoke with Mr. O'Boyle? 25 A. I don't know. We communicated a little bit. I ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 48 do remember my wife and I went down to South Florida. I don't even remember why we were down there, probably some sort of civil rights meeting. And on the way back up, Marty kind of left me an open invitation to stop by and see him any time, so I called him, and my wife and I stopped by at his office, and mainly so she could put a face with the name. And we chatted at his office for a little bit. He actually invited to take us to dinner, but we wanted to hurry and get home. There may have been -- I don't remember. There may have been another meeting or two in there. I just don't recall. But it was in very early January of 2014. I got a very nice e-mail from Marty. And I don't know if we -- we may have talked on the phone a time or two, or probably exchanged e-mails a time or two from April 2013 until the January e-mail I'm talking about. I think it was January 4th, 2014, I got this very nice e-mail wishing me a Happy New Year. The e-mail said something to the effect of, I hope 2014, you get everything you deserve. And I remember thinking, I'm not sure I want everything I deserve, but I very much got the sense he wanted to talk. In fact, he said in his e-mail that he wanted to schedule a visit. And then it was some time after that, I ended up -- I think it was January 22nd that I actually went down to meet with ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com E 2 3 4 5 6 7 8 9 10 11 12 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE him. February 24, 2016 49 Q. You believe it was the 22nd of January? A. I believe it was 22nd of January. MR. GOLDSTEIN: I will show you what we are going to mark as Exhibit 1, which appears to be a timeline, which was previously marked as Exhibit 1 to your 2004 examination. (Defendant's Exhibit No. 1 was marked for identification.) THE WITNESS: As a former copy machine salesman, I have to tell you, I'm very offended. BY MR. GOLDSTEIN: 13 Q. Do you recognize this document? 14 A. I can't authenticate it. It looks vaguely 15 familiar. 16 Q. Does it look like the timeline you may have 17 created? 18 A. It looks like it might be, but again, I can't -- 19 without going through and doing a detailed comparison of 20 what you've handed me with what I created, I couldn't 21 tell you for sure whether it is or isn't. The quality, 22 as you say, is very poor. 23 Q. I recognize that. I believe you testified that 24 you first -- that you got an e-mail early 2014 from Mr. 25 O'Boyle wishing you a Happy New Year? ESQUIRE 800.211.DEPO (3376) 1 � , � . I � 11 . EsquireSolutions.com 1 w 5 6 7 8 9 10 11 12 13 14 15 16 17 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE A. Yes. February 24, 2016 50 Q. Was there any discussion regarding meeting with him, if you recall, during the course of that e-mail? A. Yes. As I recall, the e-mail was something to the effect of Happy New Year, I hope you get everything you deserve. And I couldn't tell whether it was a blessing or a curse. And something to the effect that -- I don't remember if it was that e-mail or a subsequent e-mail, but in very short order it was, "I would like to meet with you." It was sort of a, "Let me know if you're going to be down here," or something to that effect. I very much got the -- at that point, I very much had the impression that there was going to be some substance to whatever our meeting was going to be about. Q. So looking at what has been marked as Exhibit 1 in the first page, there is a notation that says, "Marty O'Boyle e-mail to Chandler, January 4, 2014, MEO, which you indicate is Mr. O'Boyle, invites Chandler to meeting to discuss what would later become known as Citizens Awareness Foundation." A. Yes, CAFI. Q. Is that accurate? A. That is my recollection, yes. Q. So this initial e-mail, there was some discussion ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 51 1 about trying to form -- to meet to discuss forming a 2 public records foundation? 3 A. Yes. The e-mail was not, hey, let's get together 4 to talk about forming a foundation. It was just Happy 5 New Year, hope you get everything you deserve. Let's 6 get together, was the gist of it. There was no 7 substance to it beyond that. My sense that there was 8 going to be some substance to the conversation was 9 purely my intuition. Now, it turns out that that 10 intuition was right. And it gave further credence or 11 substance to that intuition as a result of conversations 12 that I had with Jonathan O'Boyle, with Ryan Witmer, 13 which are notated on the second page of this. 14 I had a conversation with Ryan and Jonathan. I'm 15 sort of perpetually on the -- not anymore, but I used to 16 be sort of perpetually on the lookout for attorneys that 17 might be able to help me with public records litigation 18 or be attorneys I can refer to somebody for public 19 records litigation. Many of the contacts that I receive 20 from the public are asking for a referal to an attorney, 21 for which I get no compensation from either side. 22 So I've also been interested -- I'm not so 23 interested anymore, but at the time I was very 24 interested in cultivating relationships with potential 25 attorneys. Conversations I'd had in person with Ryan ESQUIRE 800.211.DEPO (3376) LJ < ,.. EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 52 1 and with Jonathan gave me the sense they were probably 2 interested in that sort of thing. Then we had telephone 3 conversations, and we had kind of, in very general 4 terms, talked about maybe doing some work together, 5 either me referring people to them, again, for no 6 compensation, maybe them representing me in some cases, 7 although I don't think I would have been terribly 8 excited about that, because my experience, no offense to 9 them, but with anybody -- you know, you graduate from 10 law school, you pass the bar, you still don't know how 11 to practice law. You don't even know how to file a 12 lawsuit. You don't know where the lawsuit gets filed, 13 much less how to draft one. I have already gone down 14 that road more than once with recent law school 15 graduates and it's not a pretty picture. I don't think 16 I was that excited about them representing me, but -- in 17 the course of our discussions, I remember saying to them 18 that there's this plethora of open government litigation 19 simply because there's so many violations of the Public 20 Records Act. There are a lot less now today than there 21 used to be, by the way. 22 When I first started doing what I do, according 23 to Barbara Peterson, about 60 percent of all public 24 records requests were met with an unlawful response. I 25 don't think it was quite that high. My experience was ESQUIRE 800.211.DEPO (33 76) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 53 1 it was closer to 50 percent. Today, with public 2 operated entities like the Town of Gulf Stream, for 3 example, violations only occur about 30 percent of the 4 time. So there's been a very dramatic improvement in 5 the response of publically operated agencies. 6 When I started concentrating on state contractors 7 whose contracts explicitly make them subject to the 8 Public Records Act, i.e., 287.058, if you don't respond 9 properly to public records requests, we can immediately 10 and unilaterally terminate your multi -billion -dollar 11 contract, where it just says it. The compliance rate 12 was about 2 percent. Today it's probably closer to 50 13 percent. And I am confident that the reason we have had 14 that improvement is education, which happens sometimes 15 in a seminar -type setting, sometimes it happens 16 one-on-one or consultative setting. But very often it's 17 an education program that happens at the courthouse. 18 But I was telling them that there is a lot of 19 public records litigation out there. Only a tiny 20 fraction of the cases that could be filed, get filed 21 because most people don't have the resources to do it. 22 And -- but I was saying to them in this 23 conversation that -- in fact, I can remember where I 24 was. It was on Hillsborough Avenue in Tampa standing 25 outside of a Dunkin' Donuts when I had this conversation ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 54 1 with them that the best way to do this would not be 2 individuals, but a nonprofit for a whole lot of reasons, 3 as a client. And their response was something to the 4 effect that well, you are really going to like the 5 conversation you are going to have with Marty. So it 6 was this sort of this sense that -- they didn't say it 7 but, I got the impression that's kind of what Marty had 8 in mind. And I was so convinced of that that in the 9 week leading up to my meeting with Marty, I actually sat 10 down, and gave some real thought to what I might ask for 11 if I was given an opportunity to have that conversation 12 with Marty, which I did have, ultimately. 13 Q. What prompted you to call Ryan Witmer and 14 Jonathan O'Boyle? 15 A. I think they called me, if I'm not mistaken. 16 MR. DESOUZA: Josh, mind if we take a 5 minute, 17 1 10 minute break? 18 1 (Recess from 11:51 a.m. to 12:53 p.m.) 19 BY MR. GOLDSTEIN: 20 Q. We left off regarding your call with Jonathan 21 O'Boyle and Ryan Witmer where you were discussing the 22 public types of cases that this law firm could -- their 23 new law firm could handle. What was the name of that 24 law firm? 25 A. At the time, I don't know that they even gave me ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 55 1 a name. It ultimately was the O'Boyle Law Firm. I 2 don't recall if we got into that on the telephone 3 conversation. 4 Q. Did you call them or they reached out to you? 5 A. I think they called me. 6 Q. Do you know where they were when they called you? 7 A. I don't know. 8 Q. Do you know if they were in the same room or if 9 they were on two different lines? 10 A. I don't know. 11 Q. Do you know Jonathan O'Boyle was in Florida when 12 1 you 13 A. Don't know. 14 Q. Now, in your discussions with them, it sounded 15 like they could basically set up shop and become an 16 exclusive public records law firm. That was what your 17 recollection of the discussion was? 18 A. No; not necessarily. I mentioned earlier that I 19 didn't remember how many times I had been down to see 20 Marty before the January meeting. There was at least 21 one other -- at least one other in-person visit, because 22 I remember having a conversation with Jonathan and Ryan 23 in person, and we were, again, taking advantage of 24 Marty's very well stocked bar, where we had talked about 25 not only open government litigation, but civil rights ESQUIRE 800.211.DEPO (3376) 11 s EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 56 1 issues generally. And that conversation left me very 2 favorably disposed philosophically. They both seemed to 3 be very earnest about civil rights issues generally. So 4 the sense that I think I had in this conversation we had 5 in January of 2014 was that open government litigation 6 would have just been one part of their practice. But 7 that would have been the part that I would have been 8 talking to them about. But I don't think that it 9 necessarily was limited to just open government. 10 Q. To your knowledge, at that point in time, was the 11 O'Boyle Law Firm, had it been formed yet? 12 A. I don't know. 13 Q. Do you have any idea as to when the O'Boyle Law 14 Firm was created? 15 A. I don't know exactly. No. 16 Q. And you testified that -- you said, I guess, in 17 your discussions with them, that the best way to set 18 this up was to do it through a not-for-profit entity; is 19 that correct? 20 A. In my opinion, and that wasn't a legal opinion. 21 That was more political than anything else. I think 22 there are some real advantages to having a nonprofit 23 function as an advocacy organization for open government 24 for a whole lot of reasons. It makes it less personal. 25 And frankly, there are so many problems with having lots ESQUIRE 800.211.DEPO (3376) 11, , � . EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 57 1 of different plaintiffs. As I mentioned to you earlier, 2 I get contacted very regularly, if not daily, many times 3 a week, by citizens who have some hobbyhorse they are 4 riding that somehow they feel they need to get access to 5 public records. On a number of occasions, I have 6 referred those people to law firms. In fact, I referred 7 some to the O'Boyle Law Firm. I have referred to other 8 law firms as well. 9 One of the problems you run into -- and I say 10 this, I think, from the perspective more of the attorney 11 than anybody else. Plaintiffs are not always easy to 12 control. At the end of the day, the plaintiff is the 13 one in charge. They get to make the decisions. They 14 get to make the choices about settlement, and litigation 15 strategies, et cetera. If you have lots, and lots, and 16 lots of different plaintiffs, many of whom are very 17 passionate about a particular issue, I think very often 18 that clouds their judgment when it comes to how they 19 perceive the litigation. 20 And one of the advantages of having a nonprofit, 21 you would have more certainty from a legal side of 22 things. You would have more certainty about what you're 23 dealing with. For example, what I usually tell 24 attorneys that represent me, I'm usually willing to go 25 as far as they want to go. When they decide they want ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 58 1 to hang up the spurs and resolve the litigation, I'm 2 happy to do that, as long as we do it in a way that is 3 resolved in favor of access. If an attorney wants to 4 keep going, and they want to do The Full Monty, I'm 5 perfectly fine doing that. The problem you run into, 6 and I've seen this first hand, you get a plaintiff who 7 is upset about some issue with their local government, 8 and all they want is their pound of flesh. And they 9 want to keep going, and they want to duke it out, and 10 they don't have any conception of the risk that the 11 attorney is taking as far as costs, and lost billable 12 hours, et cetera. And I understand that from the 13 plaintiff's perspective, because there was a time where 14 I was a neophyte, and I suppose my very early public 15 records lawsuit, I probably was not the ideal client. 16 Let's go for the throat. I want my day in court. I 17 want to be vindicated. That would be very trying for a 18 law firm to have lots, and lots, and lots, and lots of 19 people who have bees in their bonnets, who don't really 20 understand the legal process. 21 If you had a principal client that was a 22 nonprofit that was being controlled by someone who 23 understands the legal process and understands that the 24 objective is to get the records, but ultimately it's 25 compliance. That's what we are really about; not being ESQUIRE 800.211.DEPO (3376) 31,11, Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 59 1 1 vindictive. That would have been a better solution than 2 having a whole bunch of different clients, although 3 there is something to be said for having more than one 4 client, certainly, but that was my rationale for that. 5 Q. Obviously, these law firms, or in particular, the 6 O'Boyle Law Firm, is getting paid a fee to provide these 7 services; correct? 8 A. In my experience, the vast majority of public 9 records litigation ends up being done on a contingency. 10 It is pretty rare -- especially when we are talking 11 about if the plaintiff is an individual. I think it is 12 very rare that you have somebody who is willing to step 13 up to the plate and say, "I will be on the hook for a 14 whole bunch of money." I did that early on because I 15 had the money to do it. There was a time where I could 16 write a $50,000 check. That's a very distant memory. 17 I think that in that respect, I was exceptional 18 as a client, early on. I had the means to do it, and I 19 was willing to do it. Most people simply don't have 20 that capacity. And because of that, most cases are 21 litigated on behalf of individuals on a contingency 22 basis, so the firm is taking a lot of risks; costs they 23 may never get back, and of course under 119.12, the 24 attorney fee provision, it's reasonable attorneys fees. 25 And as you probably know, one of the tactics that is ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 60 1 very often employed by public agencies who find 2 themselves in public records litigation, is even one 3 liability has been established, at least all of the 4 examples that I'm familiar with personally, the judge 5 will say, I'm going to award attorneys fees, but I'm 6 going to reserve jurisdiction over the amount of fees. 7 You guys go work it out. 8 The problem for the plaintiff is they're still 9 paying their attorney. And that money that they spend 10 paying their attorney to negotiate the fees is not 11 compensable. So for example, you might have run up 12 $50,000 in legal fees, but you might spend another 13 $25,000 wrangling over the amount of fees. So you are 14 faced with sort of this okay, maybe I will get my 50, 15 but I will spend 75 in the process of doing it. 16 So the -- I don't think it would be a fair -- I 17 wouldn't say that they are being paid to do it. They 18 may get paid at the end. But again, it really comes 19 down to what the court awards. 20 Q. Understood. But ultimately, they are taking it 21 on a contingency with the expectation that after looking 22 at the file, they are going to prevail -- in their 23 opinion, they are going to prevail, and therefore, be 24 able to get a fee based upon the statute? 25 A. Well, if I'm consulting with them, they will ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 61 prevail. MR. DESOUZA: Hold on, Joel. Objection to form. Go ahead and answer. A. I did. If I'm consulting with them, they will win. And the reason that is, I won't be involved with a case unless I'm confident of the facts. I don't care about the motivations. I don't care what the objectives are. Why somebody makes a request doesn't matter to me. But I care very much about the quality of the facts. I don't want to be involved with any public records litigation at all unless I'm supremely confident that it's going to prevail because bad facts make bad law. I've been very fortunate. Most of the cases that I've been involved with, the facts were very, very clear, and thankfully, the judges were able to make the right decision based on the case law. Unfortunately that's not always the case. BY MR. GOLDSTEIN: Q. Understood. Following this conversation with Jonathan O'Boyle and Ryan Witmer, did you have any subsequent conversations with them in January 2014, either verbally, by e-mail? A. I can't say with certainty, but I think that was probably the case. We probably did talk more than once. Q. Do you have an idea of how many times? Was it 10 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 62 1 times? 5 times? 2 A. I don't know. 3 Q. Why don't you take a look at Page 2 of what was 4 marked as Exhibit 1, and see if that helps refresh your 5 recollection as to the number of times you may have 6 spoken with them. 7 A. It looks like according to this, which again, I 8 cannot authenticate, one, two, three, four different 9 communications with Ryan -- four or five, one, two, 10 three, four. 11 Q. So that refreshes your recollection as to the 12 number of times you may have spoken with -- 13 A. Well, again, I can't rely on this because I can't 14 authenticate it. Based on what you've shown me in this 15 exhibit, there are -- on this page, there appear to be 16 four indications that there were e-mails exchanged 17 between myself and Ryan Witmer. If I could authenticate 18 this, then I would have some confidence in saying yes, 19 that refreshes my memory, but it doesn't. 20 Q. When was the next time you spoke with Mr. 21 O'Boyle? 22 A. I don't know. I would be reasonably confident 23 that we must have talked, probably at least by phone, 24 about my travel arrangements to come down there when we 25 met on the 22nd. I actually, when I got down there to, =.� ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 63 1 -- I guess it would have been in Delray. I went to a 2 Panera Bread and called him, and was having difficulty 3 reaching him on the phone, and ultimately went to his 4 house. And he came to his house and met me there that 5 night. And from there, he and I -- he said he wanted to 6 talk to me individually, just the two of us. And that 7 was the first time that he actually approached me about 8 creation of the foundation, and me going to work for the 9 foundation. And it was after that that he and I left 10 his house and went to in Italian restaurant. I had 11 chicken parmesan. It was really good -- or veal 12 parmesan. And that's when I met Jonathan. I think I 13 met him once before in person. The three of us had 14 dinner, kind of talked about things. 15 Q. That was in Florida? 16 A. Yes, in Delray, I think. 17 Q. And you said that was in -- when was it, January 18 22nd, 23rd? 19 A. I believe it was January 22nd. That's my 20 recollection. 21 Q. 2014? 22 A. Yes. 23 Q. During that meeting, did Jonathan O'Boyle 24 indicate what he was doing or where he was working? 25 A. Yes. As I recall, he -- and I mean this in a ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 64 kind way. He was short of disheveled, looked like a guy who had just come back from working a really long day. He was commenting about getting the law practice up and going and he was staying very busy. Q. Did he mention where his office was or anything along those lines? A. I don't remember during that dinner if there was any discussion about that. I don't remember. Q. But he looked like he had been working on getting his law practice up and going? A. Yes. Q. So in all likelihood, given the fact that you were in Florida, that he was there trying to get his law practice up and going in Florida? Would you agree that's a fair statement? MR. DESOUZA: Object to form. A. You're asking me to speculate, in all fairness, they own planes, and he is a pilot. So who knows. My -- the context of that discussion was, yes, that he was this was getting the law practice up and running in Florida. That was my impression. I can't assert any certitude about that. That's a redundancy. I can't be certain about that. BY MR. GOLDSTEIN: Q. At that point in time, were you aware as to ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 65 1 whether or not Jonathan O'Boyle was admitted to practice 2 law in Florida? 3 A. Yes. I was -- it was my understanding that he 4 had passed the Bar, but had not yet been licensed in 5 Florida. He's a very bright young guy. As I recall, he 6 was already licensed in two other states, I think New 7 Jersey and Pennsylvania. And my layperson's 8 perspective, I expected anybody that was smart enough to 9 do that in two states wouldn't have any trouble in 10 Florida. 11 Q. Now, following this dinner, is that when you had 12 the meeting just with Martin O'Bolye? 13 A. No. we had the meeting beforehand. And our 14 meeting sort of continued. we went to dinner, had a 15 very nice dinner with Jonathan. And after the dinner, 16 Marty and I, we rode there together in Marty's car, and 17 we rode back to his house in his car. And we actually 18 sat in the parking lot of the restaurant and chatted for 19 a bit, and kind of talked more about some of the 20 mechanics of -- he had already made an offer to me, and 21 we were kind of batting back and forth. And this was 22 actually, over the course of several days I was there. 23 And we kind of went back and forth about how we were 24 going to work things out, and what it would look like 25 for me to actually go to work for the foundation. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 66 1 Q. What were the specifics of your conversation with 2 Mr. O'Boyle regarding the foundation? 3 A. Well, his initial offer was actually quite 4 generous. He offered to pay me $75,000 a year, and that 5 they would give me a new car, and cover all of my travel 6 expenses. So this was -- for me, felt like Christmas. 7 I do most of -- all of my advocacy for free at my own 8 expense. And it's been economically disastrous for me. 9 So for somebody to suddenly say that I didn't have to 10 worry about putting food on the table, was a huge 11 relief. But much more important to me than that were 12 the economic resources that I would have to do my 13 advocacy. 14 I think it's pretty clear from my economic 15 history since I have been doing advocacy that I'm not 16 money motivated. I don't care. I have been broke for a 17 long time and I'm perfectly happy to continue to be 18 broke. I'd rather not be broke, but I don't do this for 19 the money. I do it because I believe in civil rights. 20 And to have somebody with Marty's resources tell me 21 that, I will fund your work that you are already doing 22 for free, was an enormous positive for me. Because not 23 only did it mean that I could keep doing my work, but it 24 meant that I could do it much more effectively. I could 25 reach out to a lot more people. I could impact, I think ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 67 1 positively, a lot more lives. 2 So part of this was trying to plumb the depths of 3 the commitment, because I have a pretty vivid 4 imagination. So when somebody who is wealthy tells me, 5 "I'm going to fund your advocacy," I'm trying to figure 6 out what does that look like? Let's get down to 7 numbers. And Marty is very coy, and very charming, and 8 just enormously winsome. And each time I asked him, it 9 was sort of, "Whatever it takes," was his response. 10 So for example, I was trying to get a sense of 11 what would my budget be for travel, because what I'm 12 imagining is going around and meeting with black 13 churches all over the state of Florida and talking to 14 people about civil rights issues, or meeting with 15 student groups. I'm thinking I'm going to be zigzagging 16 all over the state. What is my budget? 17 His response each time was, "Whatever it takes." 18 And then of course the issue of litigation came 19 up. My -- I'm not naive. I understood that his son was 20 starting a law practice. I already talked to Jonathan 21 about at least part of the nature of the law practice 22 being open government litigation. I know from my own 23 experience, and even at that time, that if you do the 24 kind of work that I do, you're going to run into 25 violations of the law that if they are going to be ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 68 1 resolved, they are going to have to be resolved in 2 court. And that generates lawsuits and that generates 3 legal fees. So I got that part of this was a business 4 decision, that financing my advocacy very likely would 5 have a byproduct of lawsuits that needed to be 6 litigated. 7 So I asked him, what is your tolerance for pain 8 for filing fees, for example, as you know, usually $400 9 plus service, plus summons, all that, costs 500 bucks 10 just to get a case started. He said, "Whatever it 11 takes." So he asked me, "Well, how many cases do you 12 think you could come up with?" 13 My response was, "What about 100?" 14 He was like, "No problem." 15 So I was like, "What if I came up with 100 in a 16 month?" 17 "No problem." 18 Well, that would be 1,200 in a year. What if it 19 was 2,000? No problem. What if it was 3,000? No 20 problem. 21 So we never really came up with any kind of 22 concrete budget, but it was, I will pay you 75,000 a 23 year, cover all of the expenses -- reasonable expenses 24 you've got for doing your work, and he suggested that I 25 hire an assistant. And we talked -- I think the number ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 0 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 69 he suggested -- and these were only suggestions, I think, I pay them $60,000 a year or something. And this conversation kind of went back and forth. One of the things that I -- the only real hang-up that he and I had in this discussion was that I wanted to continue to be able to do my own thing. I wanted to be able to continue to do pro se litigation. And he felt very strongly -- in fact, this is one of the things we talked about outside of the restaurant that first night on the 22nd, was that he did not want me doing that. He wanted my full attention. And so over the next several days, I kind of toyed with what that looked like for me. So ultimately, one afternoon we were sitting outside his house by the pool, and that's when we kind of finalized things. I said I want 120 grand a year, and he agreed to that, and off to the races we went. Now, during that discussion, I laid out some conditions. One was that there could not be an enemies list. What I meant by that was, I don't care about people's motivations, and I don't care about other people's objectives. I care very much about my motivations and I care very much about my objectives. I don't judge somebody for making a bunch of public records requests for whatever it is they want, to ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 70 1 whatever agency they want. They have the right to do 2 that. That does not necessarily mean that's good 3 advocacy. What I'm interested in is strengthening the 4 public's right to know; not doing things that are 5 deleterious to that right. And for that reason, I 6 thought it would be disastrous if the foundation was 7 picking on one agency, or conversely, was -- I want to 8 be sure nobody was off limits. I don't care if you are 9 golfing buddies with the governor -- not saying that he 10 is. If the deal is I can't go after the governor, then 11 screw it. I'm not in. I have to have carte blanche, I 12 can go after whoever I want to go after, and I don't 13 have to go after anybody in particular. And he was very 14 agreeable to that. 15 I was very concerned about the independence of 16 the foundation. I thought it would be disastrous if it 17 turned out that the foundation was nothing more than one 18 individual's instrumentality. I got his assurances that 19 it would be independent. I insisted that I would have 20 sole discretion about litigation. Obviously, I knew I 21 would serve at the pleasure of a board of directors, 22 which I'm perfectly fine with. In fact, I welcomed not 23 having to worry about finances, and I won't have to 24 balance a checkbook or any of that stuff. Just give me 25 a paycheck, cover my expenses, let me do my thing. But ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 71 1 I was very concerned that it be independent, that nobody 2 would be directing behind the scenes what happened. I 3 wanted to be able to make the requests that I wanted to 4 make, and I wanted to be able to engage in the 5 litigation that I thought was appropriate. 6 One of the reasons for that concern was in my 7 first visit to their offices in 2013 when I reviewed all 8 of these public records requests made to the State 9 Attorney's Office, I rejected all of them as far as 10 whether or not they were worthy of litigation. And in a 11 very nice way -- he was not ugly about it, but Marty 12 made it clear that he was disappointed that I was so 13 persnickety about the quality of the cases. 14 I have tried to winnow out in my own work, 15 anything that -- if it's got a whiff of a good defense, 16 1 I don't want to do it. And I did not want to be in a 17 position where I had to constantly argue with people 18 about whether a case was worth litigating or not 19 litigating. Cases are so plentiful. Violations of the 20 Public Records Act are so common, and very often very 21 egregious. It's not hard to get really, really good 22 facts. And you've got to be really -- in my opinion, 23 you have to be really picky. 24 And so that was one of my real concerns. I 25 1 wanted to be sure there wouldn't be any pressure from ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 72 anybody else. I got to make those decisions. while I was very, very willing to give the lion's share of cases to the O'Boyle Law Firm, I also wanted the discretion to be able to give cases to other law firms when I thought it was appropriate. So that was sort of the nature of our conversations. And as I said, that transpired over several days. It was never adversarial. It was very pleasant. Marty is a very hospitable man. Q. You testified you were very willing to give the lion's share of the work to the O'Boyle Law Firm. Was that one of the conditions? A. No. It was not. And I made that point that I wouldn't do this if the condition was -- I understand that if I go out and I make 100 public records requests, I know from experience that if I make those public records requests to publicly operated agencies, cities, counties, whatever, that about 30 percent of those are going to give me the middle finger. And I'm not talking about little, minor technical violations. I mean tell us your name or you don't get the records. Or you have to make your requests and it has to be notarized, and it has to be sent to us by certified mail. I know that if I go out and make 100 public records requests to municipalities, that I'm going to ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 73 1 1 get about 30 of those. Now, that doesn't mean all 30 of 2 them are worth litigating. But certainly, I would guess 3 on average, about 20 of those would be. They've -- 4 somebody's got to litigate them. One of the real 5 problems that I had with law firms prior to this was 6 bandwidth. Most law firms didn't have the capacity to 7 take on a lot of public records lawsuits because they 8 are contingency, and they've got bills to pay. They 9 need some certainty, and they have somebody waving a 10 check at them, they are going to take the guy that is 11 willing to pay as he goes versus a contingency case. 12 And then the other issue is the cost. The filing fees 13 alone can be prohibitive if you're doing a lot of 14 lawsuits. 15 So here I have two young attorneys who seem very 16 passionate about open government, about civil rights 17 issues in particular. They know a lot more than most 18 attorneys in Florida about public records issues, which 19 isn't saying very much, because I could take the 20 collective knowledge of most attorneys, and it wouldn't 21 fit on a postage stamp when it comes to open government 22 issues in Florida. But they seemed pretty knowledgeable 23 in comparison with most other attorneys. And I had 24 somebody who was willing to finance it. It didn't need 25 to be a condition, because I knew going into it that ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 74 it's not like there's some other law firm saying, "give us 50 cases in a month." I don't know anybody that could do that. It wasn't a condition. It was just a fact. It was a circumstance. Here you have two guys who are well financed and are hungry for the work. If somebody is going to be paying me to go out and do my thing, then there's a good chance that there are going to be cases needing to be litigated. But it was never -- in our preliminary discussions, it was never in my agreement to work with the Citizens Awareness Foundation, that you have to go out and get X number of cases and give them to the O'Boyle Law Firm completely. Now, eventually, that very much became the case. But I would never have agreed to do it had that been a condition in the first place. Q. Backtrack to a couple things you said; the first being, you said that you have these two young attorneys who are well financed. How did you know they were well financed? A. They would have -- I didn't understand how the financing was going to be done. I didn't know if -- when I asked Marty, what if I come up with 100 cases in a month, or 3,000 in a year, what is your tolerance for pain? He was -- clearly, my understanding was he was the guy that was going to make those funds available. I ESQUIRE 800.211.DEPO (3376) < < EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 75 1 didn't know if those funds were going to go to the 2 Citizens Awareness Foundation, and the Citizens 3 Awareness Foundation was going to pay its own filing 4 fees, or if the money was going directly to the law 5 firm. I didn't know. But what I was being told is the 6 bandwidth that I was always concerned about with other 7 law firms, was a nonissue here. We have all of the 8 bandwidth you want. We can take as much as you bring 9 us. Now, that ended up not being true. They couldn't 10 keep up. But you know, I'm prolific. 11 Q. So was it your understanding that Mr. O'Boyle was 12 financing, in one way or another, both the foundation 13 and the law firm? 14 A. Yes. That was my understanding. I don't recall 15 ever seeing any documents that would show that, but that 16 was my understanding. 17 Q. You agree you weren't privy to whatever documents 18 or agreements that would have been put together in terms 19 of financing of the law firm; correct? You more than 20 likely wouldn't have been privy to any financing 21 agreement or respect to that for the law firm. 22 A. No. I had no -- never had any access to any 23 financial anything. I mean, for the foundation or for 24 the law firm. I mean, I wasn't a party of the law firm, 25 so that goes without saying. But even the foundation, I ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 76 1 didn't have access to checks. I didn't have accesses to 2 cash. I ultimately got a credit card. I used Marty's 3 card for awhile until the foundation got its own credit 4 card. I didn't want any of that. That is not my cup of 5 tea. I just didn't want it because I didn't want it. 6 But beyond that, I was relieved not to have that 7 responsibility. 8 The reason I believe in open government is 9 because I believe all men are utterly and totally 10 depraved. I believe in total depravity. And I have no 11 doubt that if I were given an unlimited budget and no 12 accountability, I would abuse it. And I think everybody 13 at this table would. And I was relieved to not have to 14 worry about that. I had to answer to somebody else for 15 how I spent the foundation's money, and I didn't have to 16 worry about accounting. 17 Q. Just so I'm clear, was it your understanding or 18 impression that Mr. O'Boyle was financing both the 19 O'Boyle law firm and Citizens Awareness Foundation? 20 A. Yes. Just call it CAFI. Yes, that was my 21 understanding. 22 Q. When you had these discussions was CAFI already 23 formed -- 24 A. No. 25 Q. -- entity? ESQUIRE 800.211.DEP0 (3376) EsquireSol utions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE A. No. February 24, 2016 77 Q. Do you know when CAFI was, in fact, formed? A. I believe it was January 27th. So the timeline goes like I go down there on the -- Marty and I have e-mail exchanges, phone calls, whatever, first part of January. I'm contemporaneously having conversations with Jonathan and Ryan about maybe working together, figuring out some way to do that. Then the idea of a foundation or a nonprofit kind of floated out there in this sort of amorphous way. January 22nd, I meet with Marty. This is the first time we actually had this discussion about any concrete, hey, this is really what I want to do. I'm delighted at that. Then I stayed at his house. He was very, very -- he and his wife -- MR. DESOUZA: You guys are silent. Is that on purpose? We haven't heard anything for the past 30 seconds. THE WITNESS: Can you hear me? MR. DESOUZA: Yes, I hear you. I didn't know if you had taken a pause. THE WITNESS: No. I've been talking this whole time. MR. DESOUZA: We haven't heard anything for the last 30 seconds. THE WITNESS: Can you give us an idea of where ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 78 1 that goes back to? 2 THE WITNESS: What's the last thing you heard, 3 Dan? 4 MR. DESOUZA: That's a good question. You're 5 putting me on the spot. We had been talking about you 6 and Marty, and you had given a pretty long answer, 7 then Josh asked you another question -- or he was 8 starting to ask you a question, but then I didn't hear 9 what the last question was. 10 MR. GOLDSTEIN: Or the answer? 11 MR. DESOUZA: I assume I didn't hear the answer 12 either. It just got quiet for about 30 seconds. 13 Maybe if you go back to whatever the last question 14 was, that would be helpful for us. 15 THE COURT REPORTER: The last question was, "When 16 you had these discussions, was CAFI already formed as 17 an entity?" 18 And the answer was "No." 19 The next question was, "Do you know when CAFI 20 was, in fact, formed?" 21 The answer was, "I believe it was January 27th," 22 and then he began talking about the timeline. 23 Had you gotten any of that, or do I need to go 24 back farther? 25 MR. GOLDSTEIN: Dan, do you need us to start ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 1 1 over? February 24, 2016 79 2 MR. DESOUZA: If that was the last question, the 3 question was when was CAFI formed, then Joel gave an 4 answer, I'm fine if you move on to the next question. 5 I will just get the transcript and see what the full 6 answer is, as opposed to repeating the full answer. 7 MR. GOLDSTEIN: I don't think he was done. 8 THE WITNESS: It was started on -- I believe it 9 was January 27th. So I was getting ready to say I go 10 down there on the 22nd. I stayed at Marty's house. I 11 was getting ready to pay Marty and Sheila a compliment 12 about what wonderful hosts they were. They were very, 13 very super sweet hosts. So I stayed at their house. 14 And we had these discussions. 15 And leading up to that, we had a conversation, 16 "we" being me, and Marty, and I think Bill Ring may 17 have been part of this -- that there was already a 18 not-for-profit that had been created. And I don't 19 know the name of it. Jonathan was on the board. So 20 the suggestion was we would just use that. And I 21 objected to that. And again, it wasn't adversarial. 22 I just didn't think it was a good idea. They talked 23 about we will remove Jonathan from the board. I said, 24 well, the problem with that, it's already public 25 records, and it wouldn't take a rocket scientist to ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 60 figure out he had been on the board. And I just, for appearance sake -- I didn't think it was a legal issue, but for appearance sake, I didn't think it was a good idea, that we should start fresh. It was sometime after that that they came back and I think Bill Ring is the one that came up with the name, which nobody consulted me about that, which is fine. I wasn't crazy about the name. But I was told it's Citizens Awareness Foundation. That's who you work for. And I actually went out and started working on the 27th. That was my first day. The day it was created is the day I went to work. BY MR. GOLDSTEIN: Q. What was the name of the nonprofit that Jonathan O'Boyle was on the board of? A. I don't know. I already said I don't know. Q. I believe you testified that there was supposed to be an independent board of directors for CAFI; correct? A. Yes. Q. Do you know who the initial board of directors were for CAFI? A. Yes. I believe that there were three, if I'm not mistaken. Bill Ring was the president. Denise ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 81 1 DiMartini was an officer and Brenda Russel was an 2 officer. 3 Q. Would you say that those three individuals were 4 free of influences of Mr. O'Boyle? 5 A. No. They were not. 6 MR. DESOUZA: Objection, form. 7 BY MR. GOLDSTEIN: 8 Q. Do you know what William Ring's relationship to 9 Martin O'Boyle was? 10 A. They worked together. I have described all three 11 of them as longtime employees. And again, I don't know 12 which exact corporations they worked for or technically 13 what their working relationship is with Marty, but they 14 have worked for Marty or with Marty for a very long 15 time. 16 And I was a little, at first, a little concerned 17 that gee, these are -- I was not crazy about them being 18 the board members just because it looked like -- because 19 of the connection. With that said, I had not yet met 20 Denise. I had never even talked to her on the phone. I 21 met Brenda a couple of times. She's a very nice lady. 22 And I had met Bill a number of times and really liked 23 him. He was very, very nice, very pleasant, always very 24 cordial. 25 But it was clear to me from my discussions with ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 82 Bill that he was not super knowledgeable about open government law in Florida, and I kind of assumed that was probably the case with Denise, and that was very much my impression from Brenda. They didn't strike me as being -- they struck me as being ambivalent about open government issues in Florida, not hostile and not all hopped up about it either. And frankly, I sort of view them as figureheads. They're going to watch the piggybank so Joel doesn't steal any money, and they're not really going to interfere with what I do. We have to have somebody on the board of directors and I have somebody I'm responsible to for the money. But other than that, they are really not going to interfere with me. So I kind of let it go at that point. MR. GOLDSTEIN: I'm going to show you what I'm going to mark as Composite Exhibit 2. (Defendant's Exhibit No. 2 was marked for identification.) MR. GOLDSTEIN: Composite Exhibit 2, just so you know, Dan, is a printout from Florida Division of Corporations and the filings for Citizens Awareness Foundation. MR. DESOUZA: The stuff you pull off of Sunbiz? MR. GOLDSTEIN: Correct. MR. DESOUZA: Okay. ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 83 1 BY MR. GOLDSTEIN: 2 Q. Have you seen those documents before? 3 A. I have seen documents from Sunbiz relating to the 4 corporate registration of Citizens Awareness Foundation. 5 Q. Do you believe that the corporation documents 6 that are attached to what was marked as Composite 7 Exhibit 2 accurately reflect your recollection of who 8 the initial board of directors were? 9 A. I can't authenticate it because I didn't get it 10 off Sunbiz myself, but it looks like a Sunbiz document 11 to me, and the filing date is January 27th, 2014, which 12 is my recollection. And the initial boards of directors 13 conforms with my recollection as well. Looking at the 14 Articles of Incorporation, it lists William Ring, Brenda 15 Russel, and Denise DiMartini as the directors. 16 Q. What was your understanding of Mrs. DiMartini's 17 relationship with Mr. O'Boyle? 18 A. That she worked for him. 19 Q. And the same for Brenda Russel? 20 A. Yes. 21 Q. And you said that you went to work for CAFI 22 immediately the next day; is that my understanding? 23 A. The day it was started on January 27th, if I'm 24 not mistaken; that's my recollection. And I will look 25 at my calendar. I believe that was a Monday, if I'm not ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 84 wrong. It was a Monday. I met with Marty on Wednesday the 22nd. That's when I first came down. I stayed at his house, then on the 27th I went to work. I actually went out and started doing my thing that day. Q. So you went out from Mr. O'Boyle's house and you started making public records requests? A. As I recall, yes. That weekend I went ahead and -- I think I went home that weekend just for a day. And then there was a fellow that I knew through PMJA, a guy named Terrell Elliston. When I went back down to South Florida, I didn't stay at Marty's house. I checked into a hotel and had Terrell and his wife, Angel, drive down from Winter Haven to meet with me because I wanted to hire him to be my coworker at the foundation. And I if I'm not mistaken, I think they came down Sunday evening, and we met at the hotel. And I -- with funding from Marty or the foundation, I got a hotel room, took them to dinner, and talked to him about coming to work for me. And Angel stayed at the hotel that Monday, and Terrell and I actually went down to -- we started in Florida City. And we just went from one little Miami -Dade County municipality to another making public records requests, and it was just the Wild West. It was unbelievable how lawless they are down there. Q. So Terrell was his name? r, ESQUIRE 800.211.DEPO (3376) 1 1 EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 85 A. Yes. Q. Did he ultimately start working for the foundation? A. Yes and no; we agreed that he would come work for the foundation. I told Marty that he was going to come to work for the foundation. And Terrell and I are very close and have a very good relationship. But I think he was down there for a day or two, then he went back to Winter Haven and called me and said he changed his mind and didn't want to do it. It was -- part of that, I guess, was money, and I don't know. It was sort of -- we left on -- we parted on very good terms and we are still on very good terms, but -- so he actually never got paid. I wanted -- I insisted that we pay him for the day or two he worked, and he refused, very graciously. It wasn't hostile. So anyway, I was back working by myself. And not long after that I hired a woman by the name of Cathy Zollo, Z -o-1-1-0, who is an award winning investigative journalist, newspaper journalist in Sarasota that I had done some work with. And so she came to work for the foundation. She stayed in Sarasota. At least when I was with the Citizens Awareness Foundation, she never went to the offices. I had her come over and meet me one day in Deerfield Beach with a guy by the name of ESQUIRE 800.211.DEP0 (3376) EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 86 Dylan Boucher, which I can't spell, who I hired as an intern through a civil rights activist friend of mine that introduced us. I was actually out the first day. If I'm not mistaken, the first day I came back with 10 smoking hot perfect fact lawsuits. They were just -- the very first place we went was Florida City, and the police lieutenant, when I asked to inspect and photograph their sign -in log and visitor log, which was public record and couldn't possibly be exempt because they hand it to everybody who walks through the door and makes them sign it. The response I got was, you have to make your request in writing, it has to be notarized, and you have to send it certified, certified mail. And they were all like that, just one right after the other, egregious violations of the Public Records Act. Q. Who got those lawsuits? A. The O'Boyle Law Firm. Q. And prior to assigning those 10 smoking hot lawsuits to the O'Boyle Law Firm, you had never done any work with them previously; is that correct? A. Yes, that's true, with the O'Boyle Law Firm. Right. Q. And you gave those cases to them despite your ability to assign them to anybody? ESQUIRoE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 87 1 A. Yes. They were -- wanted the work. They had 2 communicated to me both in word and deed that they were 3 open to my critique and wishes as far as how cases would 4 be litigated. Both Jonathan and Ryan were very -- 5 seemed very eager for my input to try to benefit from my 6 experience. They were local. They're in South Florida. 7 It wasn't Miami -Dade County, but they're local. And the 8 experience that I did have with -- I didn't have any 9 experience with the O'Boyle Law Firm, but I did have 10 some experience with Ryan. He had worked as Bill's 11 paralegal, and Bill represented me in my one and only 12 lawsuit that I filed against Gulf Stream before the 13 foundation was created. So I knew that he had 14 experience, limited experience, but they seemed to do a 15 pretty good job. When I sued Gulf Stream, they seemed 16 responsive to my concerns as a client. We were, 17 thankfully, able to resolve that lawsuit very amicably 18 and very cost effectively. I think they -- the town 19 ended up paying my attorneys fees, which were something 20 like $1,200, something very modest. So I felt pretty 21 good about giving it to them. 22 Q. Just so I'm clear, prior to the foundation, you 23 had used the O'Boyle Law Firm? 24 A. No. I had not used the O'Boyle Law Firm. I had 25 worked with Ryan, who had passed the Bar, but had not ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 88 1 been yet licensed, and was working as a paralegal for 2 Bill Ring, who was a licensed attorney, who took the 3 case against Gulf Stream. The way that they had far as civil 4 interacted with me as a client made me feel good about 5 the personalities involved. And Ryan was now, as I 6 understood it, a managing partner of the O'Boyle Law 7 Firm, and Ryan had been very pleasant. He was -- I 8 liked him. We really clicked on a personal level. 9 Philosophically we seemed to be aligned about advocacy 10 and the importance for civil rights and importance of 11 open government. He seemed to be very much aligned with 12 my perspective on how we should handle litigation. And 13 I felt that way about Ryan pretty much the whole way 14 through my experience with the O'Boyle Law Firm. I 15 don't really have any -- off the top of my head, I 16 really don't have anything to offer that would be a 17 criticism of Ryan other than, you know, I wish he had 18 been more forceful about some of the ultimate concerns 19 that we both shared. But I think Ryan was a good guy. 20 I think he was a good attorney. So I had no problems 21 giving it to him. 22 I didn't have any experience with Jonathan as an 23 attorney, but he seemed very bright and articulate. 24 From personal conversations I had with him, it seemed 25 like we were philosophically aligned as far as civil ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 89 1 rights issues were concerned. I had certainly worked 2 with other law firms with whom I had a lot less contact 3 than the principals of the O'Boyle Law Firm, and I had 4 been willing to give business, my own business, to other 5 attorneys, which for the most part, didn't turn out 6 well. So I felt pretty good about it. 7 Q. Now, correct me if I'm wrong, but is it my 8 understanding that Bill Ring was actually in-house 9 counsel for the Commerce Group? 10 A. My understanding is he's an attorney, and he 11 works for the Commerce Group. I don't know that he's 12 their in-house counsel. My impression -- this is purely 13 my impression, is that Bill's career has not really been 14 as a litigator. I very much got the impression in the 15 lawsuit that he represented me in against Gulf Stream, 16 that this was -- he had not done very many lawsuits. 17 That was the impression I got. It wasn't in any sense 18 of a lack of competence on his side. He just -- my 19 impression was he didn't really use his law license very 20 much for what he did for work day-to-day with the 21 Commerce Group. I could be completely wrong about that. 22 That was just the sense that I had. 23 Q. At the time he represented -- Mr. Ring 24 represented you individually, do you know where his 25 office was? ESQUIRE 800.211.DEPO (3376) 1 < r . EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 90 A. I assume it was at the Commerce Group. I was not aware of him having any other address. I never visited him or talked to him at any other location that I can recall. Q. Citizens for Awareness Foundation, when it was incorporated, did it have an office? A. It's Citizens Awareness; not Citizens for Awareness, CAFI. I worked out of my home here in Lakeland. But whenever I went down to South Florida to Deerfield Beach, the address that is on the articles of incorporation and the address that I had on my business cards, and the address that I used for Citizens Awareness Foundation was the same address as the Commerce Group. Q. Did the O'Boyle Law Firm have physical office space? A. Yes. Q. Where was their office space? A. A big room in the back of the same office. Q. So the O'Boyle Law Firm was in the back of the office space where CAFI was? A. Yes. I mean, again, CAFI, at this point, not necessarily on the 27th, because I don't remember the exact date that Cathy Zollo came to work for the foundation. It was within a few weeks. She never went ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 91 1 there, as far as I know, never. She never was there 2 when I was there. 3 There were no other employees. It's not like 4 there was a CAFI staff. It's not like we had our own 5 lunchroom or even an office. When I was there, I would 6 use whatever empty desk was around. I didn't -- as far 7 as I know, I don't think I had an extension or anything. 8 I'd use an empty -- it's a big office. I would find 9 some empty spot, and that's where I would light for a 10 little while. But most of the time I was there, I was 11 back talking to the attorneys because we had cases to 12 litigate. And most of my work didn't involve being 13 inside an office. Most of my work involved going out 14 and meeting people, either meeting public officials or 15 meeting with civil rights groups, or citizens groups, or 16 student groups. 17 MR. DESOUZA: Just confirming we didn't lose 18 sound? 19 MR. GOLDSTEIN: No. I'm looking at my notes. 20 MR. DESOUZA: I'm going to say on the record, 21 given that it is nearly 2:00 o'clock, Mr. Chandler is 22 not my witness, so obviously I don't control his 23 schedule or anything. But we have been going for a 24 few hours now and I don't know what any of these 25 questions have to do with Mr. O'Boyle's slander claim ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 92 1 against your client or the retaliation claims asserted 2 against Gulf Stream. So I'm going to assert a 3 standing relevance objection to all of this. And 4 you'll do what you'll do, but I'm saying it's 2:00 5 o'clock, and I don't know that we've heard a single 6 question relevant to slander at this point. 7 MR. GOLDSTEIN: I think it goes directly to the 8 truth of the alleged statements. You can make 9 whatever relevance objection you want, but I believe 10 it goes directly to defense of the fact that the 11 statements that were made were, in fact, true. 12 MR. DESOUZA: Yes, but I think Judge Marra might 13 disagree with you. He's already denied an entire RICO 14 claim based on these exact allegations. I'm not going 15 to argue with you over the phone about it. I'm just 16 saying, at some point, I would like to ask Joel some 17 questions, as well, that actually relate to what your 18 client said and when. I guess if we don't get there 19 today, then we will come back and bother Mr. Chandler 20 again to actually ask him questions that I think are 21 relevant. 22 But go ahead. I don't want to interrupt or cause 23 this to go any further than it has to. 24 THE WITNESS: I hope you guys brought overnight 25 bags. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 93 MR. GOLDSTEIN: No. BY MR. GOLDSTEIN: Q. Did you enter into any kind of employment agreement with CAFI or Mr. O'Boyle with respect to your retention there? A. Yes. That was one of the other sticking points with Marty. And again, when I say "sticking points," all of our conversations leading up to my employment were always very civil. In fact, I don't remember ever having a conversation with Marty that wasn't civil up until my resignation, and after my resignation. But I wanted a contract. I proposed a five-year contract, and he demurred. And then I proposed at least a one-year contract, and he again demurred and said we should try it and see how it works out. So I think in sort of a compromise, he asked me to draft a memorandum of understanding that outlined our agreement, and I did that, and sent it back and forth to him several times, and he would make -- mark it up and make suggestions about changing it, and ultimately we came to one we both, I think, agreed to. I executed it and gave it to -- I don't know if I gave to Marty or I gave it to Brenda Russel, but I gave it to somebody there and I never got a copy of it back. But that was the basis of my employment arrangement. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 94 1 All of the discussions I had about going to work 2 for CAFI were with Marty. I never had any discussions 3 with any of the board members about it. 4 Q. So following your starting to work on the day 5 that the foundation was formed on the 27th, did you have 6 any subsequent conversations during the month of January 7 with Mr. O'Boyle? 8 A. Yes, sure. 9 Q. When was the next time you spoke to Mr. O'Boyle? 10 A. I couldn't tell you when. I was in and out of 11 the office a lot because I was concentrating my efforts 12 in South Florida for several reasons. One is it's the 13 Wild West. And it's not very hard to find examples of 14 egregious violations of the Public Records Act. And to 15 put that in context, it wasn't just me going out and 16 seeing if I could find a lawsuit. I was videotaping 17 these encounters and ultimately published many of these 18 videos as examples of what public officials should not 19 do, a whole bunch of these. 20 And so I was -- and the other reason I was 21 concentrating on South Florida, it was convenient for 22 all of the parties involved. If we are going to do 23 litigation, might as well do it some place where the 24 attorneys don't have to drive a long way. And I also 25 love South Florida and I love the ethnic culture, and ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 95 the food, and the Neapolitan nature of the vibe down there. So I was there a lot. And I stayed at Marty's house when it was convenient, and he was very, very gracious about that. And I mean I had the access code to get in the house. And in fact, I shared many family meals with Marty and Jonathan and Sheila, his wife, Marty's wife, who is a lovely, lovely lady. And then I would see Marty some in the office. He travelled a good bit, but when he was there, I'd see him, and he was always very gregarious. So we talked a lot. And when I stayed at his house, if -- I only stayed at his house when he was in town. He's an early riser, and I knew that seeing him at the office was sometimes difficult because he had a lot of businesses he was running. So very often, I guess probably every time that he was there at the house and I was there, I would meet him downstairs for coffee 5:30 or 6:00 in the morning. And we, just the two of us, would sit there in the dark, and drink coffee, and have conversations about life, and open government, and sort of how my job was going. And they were always very pleasant conversations. Q. Do you recall having any conversations with a Robert Tweel? A. Yes. Yes. I don't know that I would ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 96 characterize it as me having a conversation. It was more that I was sitting in on a conversation. I think I talked very little. But Marty contacted a guy named Bob Tweel who, as I understand it, is a very accomplished tax attorney in West Virginia. And we had a conversation about -- or discussion about the nonprofit status or gaining nonprofit status as a 501C3. Completely uncharted territory for me, and I got the impression it was uncharted territory for Marty, and we were trying to make sure we were on the right side of the law and doing things that wouldn't get us into trouble. Q. Did you recall any of the conversations as to some of the things that were required in order to give an appearance of being an appropriate nonprofit corporation? MR. DESOUZA: Hold on, Joel. Josh, could you repeat the beginning of that question. It blanked out and I got the second half of it. BY MR. GOLDSTEIN: Q. Sure. The question was, do you recall what was discussed with Mr. Tweel in terms of the requirements as far as 503 -- MR. DESOUZA: I'm going to object on the basis of ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 97 1 privilege at this point, because if Mr. Chandler was 2 working as a representative of CAFI, and CAFI and 3 Marty were seeking legal advice from Mr. Tweel, I'm 4 going to instruct Joel not to answer on the basis of 5 privilege because it sounds like he was a CAFI 6 director or whatever his position was with CAFI at the 7 time. So I think unless you establish otherwise, I'm 8 instructing him not to answer. 9 MR. GOLDSTEIN: What was the position that Mr. 10 O'Boyle had with CAFI? 11 MR. DESOUZA: Well, I think it's entirely 12 plausible that Mr. O'Boyle and CAFI are jointly 13 seeking legal advise from an attorney, this guy named 14 Bob Tweel. 15 1 MR. GOLDSTEIN: He's not a director or officer of 17 MR. DESOUZA: What part of "jointly" is hard to 18 understand? It's entirely plausible that Mr. O'Boyle 19 individually, and CAFI as an entity, who has some 20 financial relationship between them, are seeking tax 21 advice from an attorney. 22 MR. GOLDSTEIN: So if Mr. O'Boyle had a 23 conversation with Robert Tweel wherein Mr. Chandler 24 just so happened to be present, you believe there is a 25 privilege? Is that my understanding? ESQUIRE 800.211.DEPO (3376) 17 Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 98 MR. DESOUZA: Let me make this a little bit simpler for you, Josh. Joel, I'm instructing you not to answer. If you choose to answer, that's your prerogative. I'm instructing you as the attorney for Mr. O'Boyle, in a separate case, the attorney for CAFI, not to answer the question. And Josh, we can go at it until we are blue in the face, but that's my instruction. MR. GOLDSTEIN: But you don't represent Mr. Chandler here today; correct? MR. DESOUZA: I do not. However, as a representative -- look. We can keep going on the transcript back and forth like this. I gave my instruction, told you why I thought it was privileged. I don't control Mr. Chandler. If he wants to answer the question, he can answer the question. If he chooses to follow the instruction, he chooses to follow the instruction. We are not talking rocket science here. MR. GOLDSTEIN: It's up to you whether or not you want to answer the question or not. THE WITNESS: Well, I'm not going to refuse to answer the question, but I certainly take great value in the attorney-client privilege and I'd loathe to do r.) ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 9 13 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 99 something that somebody else feels would violate their own privilege. I'm not in any adversarial posture here with either of the attorneys speaking on the record now. But I'm sort of at a loss of whether I should answer the question. If you want to contact the judge and let the judge instruct me, I'm more than happy to defer to the judge. But in the absence of that, I'm inclined to not answer the question, not because -- I don't have any objection to it, but I'm uncomfortable if somebody is asserting attorney-client privilege. Seriously, if you want to get the judge on the phone, I'm more than happy to do whatever the judge wants me to do. MR. GOLDSTEIN: Just so I'm clear, you are not -- you are refusing to answer the question or not going to answer the question based upon Mr. DeSouza's instruction? THE WITNESS: No. I'm not refusing to do anything. I'm asking that since I don't have legal counsel -- let me finish. MR. GOLDSTEIN: That's fine. THE WITNESS: Since I don't have legal counsel here today, I do not want to do anything that would imperil me with -- I don't want to give Mr. O'Boyle a cause of action against me. He has already ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 100 1 demonstrated his litigious nature and wanting to fuck 2 up my life by dragging me into court for bullshit. 3 I'm not real inclined to do something that I'm not 4 sure -- I don't know whether he'd have a legitimate 5 beef if I did that. 6 MR. GOLDSTEIN: That's fine. 7 THE WITNESS: So on the record, I'm not refusing. 8 I'm inviting you to get the judge on the phone, and 9 the judge can tell me. If he wants me to answer, I'm 10 more than happy to answer the question. 11 MR. GOLDSTEIN: We will take up with the judge 12 and certify the objection. 13 (The question beginning on Page 96, Line 14 was 14 certified.) 15 MR. GOLDSTEIN: Why don't we mark this Exhibit 3. 16 (Defendant's Exhibit No. 3 was marked for 17 identification.) 18 MR. DESOUZA: What are we marking, Josh? 19 MR. GOLDSTEIN: The affidavit of Joel Edward 20 Chandler. 21 THE WITNESS: Do you guys mind if we take a 22 five-minute break? 23 (Recess 2:05 p.m. to 2:13 p.m.) 24 BY MR. GOLDSTEIN: 25 Q. We are looking at what we have marked as Exhibit ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 3. February 24, 2016 101 A. Yes. Q. Do you recognize this document? A. It appears to be an affidavit. Q. Is it your affidavit of Joel Chandler? A. I can't authenticate it without comparing it word for word, but it looks familiar. I can't vouch for its authenticity. Q. Why don't you go to Page 11. A. Yes. Q. Is that your signature there? A. That appears to be my signature. Q. Do you recall executing an affidavit on October 27, 2014? A. I executed an affidavit. I couldn't swear to the date, but I did execute an affidavit in 2014. Q. On Page 11 it reflects a date of October 27, 2014. 19 A. I'm not disputing that this is, in fact, that 20 affidavit. I couldn't vouch for 11 pages of the 21 document without reading every single word of it, but it 22 looks familiar. 23 Q. Why don't you look at Page 2 of what's been 24 marked as Exhibit 3, specifically Paragraph 9. 25 A. Okay. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 102 Q. You see Paragraph 9 where the affidavit discusses discussions with Robert Tweel? A. Yes. Q. In this affidavit, does it state that the discussions with Tweel regarding the necessity that CAFI be a legitimate not-for-profit entity? MR. DESOUZA: Josh, you're asking whether that is something that he wrote in the affidavit, or whether the conversation happened? MR. GOLDSTEIN: That he wrote in this affidavit that part of his discussions with Robert Tweel had to do with the necessity for CAFI to be a legitimate not-for-profit entity. MR. DESOUZA: My perspective -- obviously we have a privilege ongoing issue. But if you are just asking him if that's what the affidavit says, I'm fine with those questions. BY MR. GOLDSTEIN: Q. Do you agree that's what is reflected in the affidavit? A. Just so we are clear, what the affidavit says at 9 is, "During January or February 2014, I participated in a telephone conversation with Martin O'Boyle and Robert "Bob" Tweel, a tax attorney from West Virginia. Martin O'Boyle and I discussed with Mr. Tweel the rESQURE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 103 absolute necessity that CAFI be a legitimate not-for-profit. This included, but was not limited to the requirement that CAFI use a variety of law firms to represent it so as to avoid the appearance of self dealing." That's what it says. Q. As we sit here today, is there anything that you know now that you didn't know at the time you executed the affidavit that would lead you to believe the statement in your affidavit is not true and accurate? A. Can you ask that again. Q. As you sit here today, is there anything to your knowledge now, that would deem the statement set forth in Paragraph 9 of this affidavit to not be true and accurate? A. Not that I'm aware of. Q. Now, do you recall receiving a memorandum from Mr. O'Boyle to Robert Tweel on February 28, 2014 memorializing whatever conversations that were had? A. Can you restate that. Q. Do you recall whether or not you ever received a memorandum after the conversation that Mr. O'Boyle had with Robert Tweel, setting forth or memorializing things that were discussed? A. Yes. Q. And you were carbon -copied on that e-mail or that C)ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 1 1 memorandum? February 24, 2016 104 2 A. I received a memorandum, yes. 3 Q. At any point in time, to your knowledge, did Mr. 4 O'Boyle have a position in CAFI? 5 A. No. I mean, he controlled CAFI. He created it. 6 He directed it through his -- as his instrumentality. 7 But no; he was not a director. He was not a board 8 member, not an owner. But make no mistake, it has been 9 my contention, it is my contention, and will continue to 10 be my contention that Martin O'Boyle absolutely 11 controlled CAFI. It was his instrumentality and solely 12 his instrumentality. 13 Q. What do you mean by "controlled"? 14 A. He financed it. The board members -- I never 15 interacted with Brenda Russel as a board member. I 16 interacted with her -- although she was a board member, 17 and I interacted with her during the time she was a 18 board member, my interactions with her purely -- I 19 submitted my -- early on, submitted my receipts and that 20 sort of thing to Brenda Russel. The only two board 21 members that I interacted with in that capacity would 22 have been Bill Ring and Denise DiMartini. And there was 23 no question in my mind that they were operating at the 24 behest, direction, and for the benefit of Martin 25 O'Boyle. There was never any question in my mind about ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 105 1 that. 2 Q. So my understanding then, is that he was advising 3 or telling Denise DiMartini and William Ring as to how 4 things were to be done, and they were then directing 5 you? 6 A. Yes. 7 Q. Now, were you, at any point in time, able to use 8 other law firms other than the O'Boyle Law Firm? 9 A. No. 10 Q. Who told you that you weren't allowed to use any 11 law firms? 12 A. Bill Ring, as the president of the foundation. 13 Q. What specifically did he tell you? 14 A. There was a case that I wanted to litigate, the 15 Barnes & Noble College Book Stores operate on behalf, 16 standing in the shoes of the University of South Florida 17 on campus, the book store. They sell more than just 18 books. They sell all sorts of things like T-shirts, and 19 jerseys, and that sort of thing, but they operate a book 20 store. And I went there with one of my brothers. We 21 just happened to meet for lunch in Tampa, and it was 22 convenient. We were close by, and just for the fun of 23 it, we decided to go over there and make a public 24 records request. He had met -- he was a student there. 25 He is now a graduate assistant there. But he had met a ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 106 1 woman in one of his classes that worked for a competitor 2 of Barnes & Noble off campus, and they had tried to get 3 -- this competitor had tried to get the adoption list 4 from Barnes & Noble. These adoption lists are used -- 5 they basically send out a form around to all of the 6 faculty asking them what books they are going to need 7 for the upcoming semester, and the college book store 8 orders them. These adoption forms are public record, 9 and they are critical for anybody who wants to sell 10 textbooks to students at a particular university, in 11 this case, University of South Florida. If you don't 12 have the textbooks on hand, you can't sell them. 13 And Barnes & Noble had told this young woman, 14 allegedly, that she had to pay a confiscatory fee for 15 getting them, the request had to be made in person. 16 They made her jump through a bunch of hoops to get these 17 records. And this exact same issue had already been 18 litigated in the Third DCA in 188 or 189. Barnes & 19 Noble was the defendant in that case and they lost 20 because the court held that they were standing in the 21 shoes of the state, and the records that were being 22 requested in that case, adoption forms, were public 23 record. 24 So knowing that Barnes & Noble had already been 25 taken to the wood shed on this issue, I went over there ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 107 to find out if they were still doing the same thing. It turned out they were. After I went over there and made that request, and it was videotaped, my brother was with me, and he has done some open government litigation and advocacy as well, he made a similar request at the same time. So within seconds of each other, I made a request and he was standing next to me and made a similar request. Subsequent to that, he had a conversation with Ana Clara Anderson who, at the time, was an associate at Thomas & LaCicero who had represented me and my brother separately in public records lawsuits. In this social discussion, the issue of what happened at Barnes & Noble came up, and Ana Clara expressed an interest in the case. And given Thomas & LaCicero's reputation and the stature that they have in open government litigation, and their interest in the issue, and the fact that it was in Tampa Bay, I thought that if there was ever a case that I was going to give to another law firm, that would be it. Black and white facts; just imagine going to court and the citation is Barnes & Noble in another case with identical facts. And so I -- and I also thought that it would help to burnish the reputation of the foundation to be represented by a firm like Thomas & LaCicero on a case ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 108 1 that is so clear cut. And I, frankly, thought it was be 2 cool to have a -- right out of the gate, to get an 3 appellate decision with CAFI's name on it. So I sent an 4 e-mail to Bill, and said that I wanted to do that, and 5 he came back and told me no; I couldn't do it, that all 6 of the cases had to go to the O'Boyle Law Firm. 7 Q. Were there any threats if you didn't send all of 8 your cases to the O'Boyle Law Firm? 9 A. No. But he was the president of the foundation. 10 I serve to the pleasure of the board, and he told me I 11 couldn't do it. 12 Q. Were you ever told that if you didn't continue to 13 send cases to the O'Boyle Law Firm, that the funds to 14 run the foundation would no longer be -- would be cut 15 off? 16 A. Yes. 17 Q. Who told you that? 18 A. Bill Ring and Denise DiMartini. 19 Q. Do you recall when that was? 20 A. It would have been in May sometime, as I recall. 21 I think it was in May. 22 Q. Why don't you look at what was previously marked 23 as Exhibit 1, which is the timeline, and look at Page 5 24 for the date, says February 6th. 25 A. These pages aren't numbered. ESQUIRE 800.211.DEP0 (3376) EsquireSol utions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 109 1 MR. DESOUZA: I'm sorry, Josh. You said we're on 2 the timeline now? 3 MR. GOLDSTEIN: Yes. We're on the timeline, 4 which is 1. I'm referring to Page 5 of the timeline, 5 the time period between February 4th and February 6th, 6 2014. 7 MR. DESOUZA: Thanks. 8 THE WITNESS: Okay. 9 BY MR. GOLDSTEIN: 10 Q. And it says, "MEO e-mails Chandler, MEO tells 11 Chandler to toll referrals of new cases to the O'Boyle 12 Law Firm, said this was in response to MEO being told no 13 by Witmer on some minor issue. MEO responded by 14 threatening to stop the flow of money." 15 So Mr. O'Boyle also threatened to not continue 16 funds if you -- 17 A. You're talking about two completely different 18 things. One has nothing to do with the other. 19 Q. This e-mail February 5th, what did that have to 20 do with? 21 A. Marty got pissed off. I don't remember. Marty 22 got pissed off about something. Ryan, to his credit, 23 told Marty no, and Marty is a person that doesn't like 24 being told no. And I remember Marty telling me, "Don't 25 give any more cases to the O'Boyle Law Firm." He didn't ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 110 1 tell me to give them to anybody else. He just told me 2 to quit giving them to the O'Boyle Law Firm, which 3 caused some consternation on my part because I'm 4 thinking if Marty's objective ultimately is that he is 5 going to fund my advocacy with the hope that my advocacy 6 generates lawsuits, that ultimately his son is going to 7 litigate some of, or most of, or a large portion of. 8 Now all of a sudden he's mad because Ryan told him no 9 about something, it was just -- this was my introduction 10 to a side of Marty that I hadn't seen much of, and 11 thankfully, I didn't get much of it until much later in 12 my relationship with him, what I have heard people refer 13 to as Good Marty and Bad Marty. This was Bad Marty. 14 This was Marty being pissed off and throwing a fit. It 15 blew over. But that had nothing to do with the Barnes & 16 Noble case. 17 1 Q. You said the Barnes & Noble case was sometime in 18 March? 19 A. I don't know if I said that or not. I don't 20 think I said that, but it may have been. 21 Q. Why don't you flip forward to the timeline, time 22 period of March 26, 2014, March 28, 2014. 23 A. Okay. March 26, you're saying? 24 Q. Correct. 25 A. Okay. All right. ESQUIRE 800.211.DEPO (3376) c r , EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 111 Q. So is this the -- what it says here is, "Chandler asked the board for authorization to pursue a case, CAFI v. Barnes & Noble to Thomas & LaCicero." This is the case that you are referring to? A. Yes. Q. So that was in March of 2014? A. Yes. Q. What was your understanding of your role as the chief executive of CAFI? A. My role was to be a civil rights activist and to advocate for government transparency, to -- essentially what I have been doing before, which is to come along side citizens, and citizens groups, and civil rights groups, and help them better understand their ability to get access to records, kind of help them navigate the process of getting records. I also made myself available to public agencies. In fact, during the time I was with Citizens Awareness, I had meetings with some public agencies, cities, at their invitation, to help them develop public records policies and training issues. That was my job. And to that end, I bought, I don't know, hundreds of "Government in the Sunshine" manuals from the Florida First Amendment Foundation. We bought boxes and boxes. They were 18 bucks a pop. I bought so many they had to go to a second publishing. I ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 112 1 gave those away. Anybody wanted one, I gave them away 2 for free. So that was my job. 3 And then in addition to that, my responsibility 4 was to direct Dylan Boucher, who was our intern, then to 5 direct Cathy Zollo. And essentially what they did, I 6 had developed a series of projects that were related to 7 public records, and I wanted them to basically do 8 investigative journalistic type work. We were not 9 intending to be a media organization. The idea was 10 whatever we found, we would either write about on the 11 blog, which we had, or more likely, we would give that 12 information to other -- to news organizations so they 13 could do an expose, which I have done a lot of. And so 14 we -- that was a lot of what I spent my time on. 15 For example, a lot of things that later came to 16 light about the abuses that were going on in the 17 Department of Corrections, school resource officers, 18 that sort of thing. 19 Q. Was any part of your responsibility determining 20 the public records requests to make and the entities to 21 make the public requests to? 22 A. Yes. I was very -- we only had three employees; 23 me, Cathy, and Dylan. And Cathy and Dylan were not 24 allowed to make any public records requests without my 25 explicit authorization. I wanted to see them. I wanted ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 113 1 to see the requests before they went out. No one was 2 making requests -- nobody that worked for CAFI was 3 making any requests apart from my involvement. And I 4 was adamant about that. 5 Q. What about directing lawsuits or determining 6 lawsuits to file? 7 A. Nobody was supposed to be filing them. I was the 8 only person that was supposed to be filing lawsuits, or 9 authorizing them. No lawsuits were supposed to be going 10 out. We had a -- Jonathan and I had a disagreement that 11 Denise was involved with where they wanted to start 12 filing cases that weren't verified complaints, because 13 they felt it was sort of a bottleneck for me to have to 14 review and sign off on all these complaints. And I 15 absolutely refused to do that. No way, no how, we are 16 not doing that. If they don't have my signature, they 17 aren't getting filed. And that wasn't just because I'm 18 a control freak. It was a quality assurance issue. I 19 wanted to be sure that the facts were right. We didn't 20 -- I don't think we filed any cases that were the result 21 of either Dylan or Cathy making a public records 22 request. If I'm not mistaken, and I'm pretty confident 23 all of the cases that I was intending to file were based 24 on facts that I was involved with. And since I was 25 there, or since I was the one that sent the request, ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 114 1 whether I made it in person or by e-mail, it only made 2 sense to me that they be verified complaints. 3 And so it was kind of a hassle. I would have to 4 print them out -- if I wasn't there, I would have to 5 print them out, and I'd have to go find a notary public, 6 and have to overnight them down to the law firm. But to 7 me, it seemed like it was a good practice to be sure 8 that the person who was actually alleging the facts is 9 the person who is signing off on the lawsuit. 10 And I didn't want any other lawsuits being filed. 11 As I mentioned earlier, I was really concerned going 12 into this that my standards for what should and 13 shouldn't be litigated might be very different than 14 other people's. What I have found is over the years, my 15 standards for litigating a case continue to rise. There 16 are cases that I would have litigated two years ago that 17 I wouldn't litigate today. They were great cases, 18 wonderful facts, but I have just become much more 19 discerning about what I wanted to litigate, and I wanted 20 to be the only person that made those decisions. And it 21 was my understanding that was going to be the case. 22 Q. With regards to controlling the litigation, 23 determining settlement amounts, was that also your 24 responsibility? 25 I A. Yes. ESQUIRE 800.211.DEPO (3376) L 11<r EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 115 1 Q. Now, you said that was my understanding of what 2 was to be the case. What, in fact, happened? 3 A. In fact, they were -- "they," being the 4 attorneys, were not consulting me about settlements. 5 And they were acting unilaterally, which I was 6 epiplectic about. I was mad as hell about that. I 7 think I'm a great client. I think most of the attorneys 8 that I have worked with, most of them would say the same 9 thing. The reason I had such a long and flourishing 10 relationship with Thomas & LaCicero is because as much 11 of as asshole as I may be, and as persnickety as I may 12 be, and as much of a flake as I may be, I'm a really 13 good client. And I just have no tolerance for attorneys 14 making unilateral decisions. It's a Bar violation. 15 It's unethical. It's not truthful. It's a had 16 practice. And I found out that the attorneys were 17 demanding settlement conditions I was not aware of and I 18 would have never agreed to. 19 I have settled cases, my own cases. I have 20 settled cases where I didn't get a penny, not one red 21 cent, not even my costs. I have settled a lot of cases 22 like that. But I don't settle cases -- even when 23 someone is waving a check at me, I don't settle the case 24 unless we resolve the fundamental issue, which is access 25 to records and taking some remedial action. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 116 I am far more interested in fixing the problem and insuring public access than I am in the money part of it. It was clear to me that was not the case with the O'Boyle Law Firm. In addition to that, I found out Marty was directing Commerce Group employees to make public records requests in the name of and on behalf of the Citizens Awareness Foundation. Q. So unbeknownst to you, CAFI was making public records requests to entities that you didn't authorize? A. That's exactly right. People who were not employees of CAFI, they weren't volunteers of CAFI, they had no relationship with CAFI whatsoever other than Marty O'Boyle directed them to make public records requests, and to do it in the name of CAFI. And they weren't particularly sophisticated about it either. They were making it from a Commerce Group fax machine that had their name and phone number on it. And in addition to -- I had a huge philosophical problem with that, and that was exactly the kind of stuff I was concerned about early on, about blurring the lines of independence. And I get it. Marty is a rich guy. He's got a son who's trying to build a law practice. Marty finances Joel's activism, and as a result of that, maybe the O'Boyle law firm gets a bunch ()ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 117 1 of lawsuits. I don't have a problem with that. I don't 2 have a problem with it philosophically, legally. I 3 don't think there is anything wrong with that as long as 4 it's not, we are not paying Joel to go out and get 5 lawsuits, and as long as we are all transparent. We're 6 demanding transparency from other people. We've got to 7 be transparent. We've got to be an open book. What we 8 are really doing, "we," being the foundation, because 9 Marty is using it as his toy, is he has somebody else 10 making public records requests using a wire, using a 11 telephone, or an e-mail, making public records requests 12 of Gulf Stream, purportedly on behalf of CAFI. It 13 ain't. 14 I mean it's one or the other. Either Marty 15 really does control it and has the authority to do that, 16 which makes it okay, or Marty doesn't control CAFI, and 17 is just this semi senile benefactor who is giving money 18 away to this civil rights organization. It's one or the 19 other. I mean, which is it? That's my problem with 20 this whole thing, right, is that if Marty has the power, 21 if he really does have control over CAFI so that he can 22 direct people to do things on behalf of CAFI, then it's 23 not independent. It is marty's instrumentality, which 24 is what I have been contending all along. Or somebody 25 was committing wire fraud, sending out public records ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 118 1 requests to a public agency in the name of CAFI when 2 they don't work for CAFI, have no affiliation with CAFI, 3 and aren't authorized to do it. It is sort of one or 4 the other. If I seem animated now, just imagine how 5 fucking livid I was when I found out this shit was going 6 on. I went fucking ape shit. I had a meeting. I 7 demanded a meeting with Bill and Denise, and I was just 8 as brutally blunt as I can be that either this shit 9 stops or I was going to quit right fucking then and 10 there. 11 And to kind of put this in context, I drove my 12 own car instead of a rental -- I was renting a car this 13 whole time. They never bought a new car, which was 14 fine. We figured out it was cheaper for me to rent a 15 car. I didn't take a rental car down that day for that 16 trip. I drove my own car, and I checked out of my hotel 17 room that morning, fully intending that I was going to 18 be driving back home unemployed after this meeting. And 19 Denise had this very condescending tone, "You're not 20 going to quit a $120,000 a year job." 21 My response was fucking watch me. You fucking 22 watch how fast I quit. We aren't doing this. I'm not 23 going to be part of this. Either -- either we are going 24 to do it like straight arrows, or we're not, because I'm 25 not going to be part of it. That's when I got the ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 119 1 whole, "That's the way Big Daddy wants it, and if Big 2 Daddy doesn't get it that way, he's going to turn of the 3 spigot of money." 4 And my response was to Bill was well, this Big 5 Daddy ain't going to do it that way. And Bill was like, 6 oh, so it's just a pissing match between you and Marty, 7 and I was like yeah, watch who wins. I'm not going to 8 do this. I've got no problem going toe -to -toe with the 9 biggest swinging dick in Florida. I'll sue the 10 governor, I'll sue whoever. I don't care. I am not 11 even slightly intimidated by law enforcement. I will 12 stand up and advocate for the little old Black lady, and 13 I'm more than happy to throw down in court with any 14 mother fucker who wants to fuck with somebody like that. 15 But we are going to do it by the book. we are going to 16 be straight arrows about it. I'm not going to do -- as 17 I explained to them in a memo, written memo, where I 18 warned them that I was going to quit if this shit didn't 19 stop, if you're going to go after the man, if you are 20 going to fight the establishment, they are going to look 21 for every opportunity they can find to fuck with you. 22 And I have experienced that firsthand. I don't trust 23 the establishment any farther than I can throw it. It's 24 utterly, completely, totally corrupt. And knowing that 25 that's the way the system works, why make it easy for ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 120 1 them? So my blood pressure was probably slightly 2 elevated during this whole time. 3 Q. Understood. So just so I'm clear, who was the -- 4 where were these public records requests being sent from KOL11a m 6 A. Very sweet lady named Jill Muller, who was the 7 receptionist at Commerce Group, who I greeted every time 8 I went in and out. She always had this big stack -- her 9 desk was -- it was just kind of overwhelming, the stacks 10 of stuff she had on her desk. I didn't really pay any 11 attention to it because she didn't work for me, and she 12 was -- she wasn't even a coworker. She was just 13 1 somebody who worked at an office that I sometimes went i[liT.7 15 And then to and behold, I don't remember off the 16 top of my head, maybe it will come to me, how it came to 17 my attention, but it turns out these were all public 18 records requests that were being sent out. These stacks 19 of things were public records requests that she was 20 being instructed to send out in the name of CAFI. 21 Q. Where are these public records requests being 22 sent? 23 A. Gulf Stream. 24 Q. All of them to Gulf Stream? 25 A. I can't say that all of them went to Gulf Stream. ESQUIRE 800.211.DEPO (3376) 11 1 11 1 EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE Many of them went to Gulf Stream. February 24, 2016 121 Q. Was it fair to say the vast majority of the them A. That's my perception, yes. Mathematically, I can't say that definitively. I don't take any of this personally, the public records litigation stuff, I don't. I take the civil rights stuff very personally. When I see the state trying to destroy some young black kid, or when I see the state talk about -- making jokes about using a peaceful civil rights rally as an opportunity for a K9 exercise, or when I find out the sheriff of Polk County is sending undercover minority deputies in to infiltrate Black churches -- and I don't mean just attend, I mean infiltrate, like COINTELPRO, J. Edgar Hoover bullshit. I take that very personally. But I don't take public records stuff personally. I don't have an ax to grid with Gulf Stream, they fucked up, I sued them. I'm not mad about it. I hope they're not mad about it. I hope we fixed the problem. We wrapped it up for $1,200, we move on, no problem there. But I was not interested in using my talents as Marty's instrumentality to exercise some vendetta he's got against Gulf Stream. There's just way more interesting thing to me. Gulf Stream is this little tiny town filled with ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 122 1 millionaires who are in a pissing match, and they've got 2 some blood feud going on. I don't really give a shit 3 whether Marty doesn't like Scott Morgan, or Scott Morgan 4 doesn't like Marty. I don't care. They are a bunch of 5 rich people who are entitled, and I don't give a crap. 6 I wanted to spend my time working with poor people, 7 helping them be able to defend themselves against the 8 prosecution of the State, or discovering that a school 9 resource officer supplied to the Hillsborough County 10 School District by the Tampa Police Department, while he 11 was a school resource officer, was under investigation 12 for aggravated sexual battery on a minor. That's the 13 stuff I'm interested in. 14 And to find out what was happening was that Marty 15 was having somebody who didn't report to me, didn't work 16 for the foundation, using the foundation and its name 17 and its resources and my association with it, just as 18 this instrumentality to screw with Gulf Stream, I just 19 didn't want any part of that. What made it worse was 20 that we weren't being honest about it. 21 Q. Why weren't you being honest about it? 22 A. When I say "we," I don't mean me. I mean the 23 foundation, because you have somebody who doesn't work 24 for the foundation making public records requests in the 25 name of the foundation, and they are transmitting that ESQUIRE 800.211.DEPO (3376) 1 11 EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 123 1 by fax or e-mail. That's wire fraud. I'm not a lawyer, 2 and I'm not really in a position to draw any legal 3 conclusions, but I'm pretty sure that's fucked up. 4 Q. Was the O'Boyle Law Firm filing lawsuits without 5 CAFI or your authorization? 6 A. My recollection is that one lawsuit got filed 7 against Gulf Stream that I didn't know about until after 8 the fact. And again, I went ape shit. 9 Q. So O'Boyle Law Firm had whatever records requests 10 they sent to Gulf Stream -- 11 1 A. A request that I didn't make, but alledgedly was 12 1 made on behalf of the foundation, and then the 13 foundation, without my authorization or knowledge, files 14 a lawsuit against Gulf Stream. And by the way -- and I 15 don't remember even the causes of action in this 16 particular instance, but I do remember thinking this is 17 a shitty lawsuit to begin with. It doesn't meet my 18 standards, which I readily acknowledge are impeccable 19 and extraordinarily high, which is why I win, which is 20 why I think the litigation I do is, in fact, good 21 advocacy. 22 And in spite of the bullshit that the Florida 23 League of Cities tries to say I file all these lawsuits 24 and I'm trying to get rich, I haven't gotten rich, 25 number one, and I only file on a tiny, tiny percentage ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 124 1 1 of the violations I witness, because I would much rather 2 use other means to get compliance than litigation. 3 Litigation is the last resort. They make it sound like 4 it's a hair trigger and it's gotcha. It's not. I ask 5 for records, they don't give it to me, I beg them, I 6 plead, I try to work with them. They give me two middle 7 fingers, then I file suit. 8 That's not what was happening here. This was 9 let's -- I think fraudulently, dishonestly, with no 10 integrity, let's use this foundation to harass Gulf 11 Stream. And I don't have any problem -- I just want to 12 be really clear. Making the request is not the abuse. 13 It's making it saying you're the foundation when you're 14 not. That's the problem. 15 Had I been told at the beginning, part of the 16 deal -- we are going to pay you $500,000 a year. We are 17 going to give you a million dollars a year as an expense 18 account, and hell, we will buy you a Rolls Royce. But 19 part of the deal is we are going to pound the shit of 20 out Gulf Stream with thousands of public records 21 requests, I would never have agreed to it. 22 I think the fundamental misunderstanding of both 23 sides here, I think what Marty still doesn't get, and 24 what I'm confident the League of Cities doesn't get is 25 that I don't give a fuck about the money. I don't. I ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 125 1 care about civil rights. I care about access to 2 records. I care about people doing the right thing, 3 and let's all play by the rules. And that's why Marty's 4 done all the stupid shit that he's done trying to fuck 5 with my life. And this is why the Florida League of 6 Cities is backing this ridiculous, absurd legislation, 7 which, by the way, will do nothing to stop Marty 8 O'Boyle. Let me know if I wasn't clear about any of 9 that. 10 Q. Let's go back to -- you said that you became 11 aware that the O'Boyle Law Firm was settling lawsuits 12 without your knowledge? 13 A. Yes. We weren't getting closing statements, 14 which was a problem. There was no -- at least none that 15 I executed. There were no fee agreements. There were 16 no engagement letters, which is an issue I raised 17 repeatedly. I thought it was deeply problematic for a 18 lot of reasons. One is I think it's important to -- 19 again, we are going to ask people to be transparent. We 20 need to be willing to be transparent. We need to be 21 sure we're documenting what we do. I think that you -- 22 if I were contacted, as I sometimes am, by a publicly 23 operated agency who is being sued over a public records 24 lawsuit, one of the first things I would tell them to do 25 -- I have given advice on this issue. You have to take ESQUIRE 800.211.DEPO (3376) < < ,, < , _ EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 126 a clinical approach. You need to be dispassionate. Was there a violation? Even if you want to call it a technical violation, was there a violation? If the answer is yes, admit liability -- produce records, admit liability, and demand a fee hearing. And when you get to the fee hearing, one of the first things you need to do is demand to see the engagement letter. If there isn't one, I would dispute any liability for the fees. The Florida Bar is very clear about this. If you take a case on a contingency, there's got to be an engagement letter. I was concerned about that happening to us, but that never got rectified. And there were cases that I think were being filed without my knowledge, at least one I know of against Gulf Stream. And I think there were settlements that were being negotiated that were not in conformity with my wishes as the executive director of CAFI. Q. Were there settlements that were being negotiated that were in excess of the fees, in fact, incurred? A. Yes. And that was that was one of the issues. You know, if I file a lawsuit against -- let's say a state contractor whose contract explicitly makes them subject to the Public Records Act. The facts of the case are clear, it's an egregious violation, there's no ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com i� 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 127 dispute of the facts. Very often those result in a settlement. And those settlements always include at least two things, and one is that they have to produce the records, or if they produce the records, they have to affirm they have produced all potentially responsive records, because unfortunately, as a requester, I don't always know what records you may or may not have that are fully responsive. So you gave me two records. I don't know if there are ten. Secondly, you have to agree to take some remedial I don't want to have to come back and sue you again. I want you to actually fix the problem. So training, getting a sunshine manual and placing, keeping it in the lobby were records are normally created, received, or maintained, those are always two non-negotiables for me. The third is if you want me to forego my right to be vindicated in court, you are asking me for something you are not entitled to, because during the litigation, the only thing either one of us is entitled to is due process. I very often will invite defendants to agree to a modest monetary settlement for my time, and effort, and frustration, having to dick around with them making them do the right thing, which they should have been doing in the first place, which, by the way, they have ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 128 1 been paid to do. I don't think there is anything wrong 2 with that. I think it's entirely ethical. I think it's 3 entirely appropriate. It's the policy of the State of 4 Florida, according to the Florida Supreme Court, to 5 encourage settlements, otherwise the courts would be 6 clogged. 7 I think it's an entirely different matter when 8 you are an attorney, and as part of the settlement 9 negotiation, you are implying, suggesting, or stating 10 that your legitimate, reasonable billables are $5,000 11 when they are only $2,000. I think that's really 12 problematic for a lot of reasons. One is it's an 13 integrity issue. But beyond that, what happens to the 14 windfall? Because I have been telling legislators, and 15 I've been telling members of the press that CAFI was not 16 making money from public records litigation, we weren't 17 getting any of that money. So if the O'Boyle Law Firm 18 is billing at, say, 250 an hour, and they've got 10 19 hours in a case, and they have another $500 in costs, so 20 now they have $3,000, why would you ask for $4,000 or 21 $5,000? And if the defendant pays that, what happens to 22 that extra $1,000 or $2,000, where does it go? I don't 23 want it. I don't want the foundation getting it. And 24 it sort of mystifies me. You are paying an attorney 25 $60,000 a year to sit there and churn out public records ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 129 lawsuits. That's $25 an hour. You are billing them out at $250 an hour, and I can give them more cases than they know what to do with, so it's not like they aren't working all 8 hours a day. Why get greedy? What's the point. Why do you need to ask -- you are making a bunch of money. There is a lot of profit in a case of $2,500 if you are billing out at $250 an hour. There is a lot of profit in that, especially when you've got more cases than you can keep up with. But I found out that, in fact, they were just making up numbers and demanding monetary portions of settlements that could not be justified by their billables. Q. Did you ever review or receive any billables or time records for O'Boyle Law Firm? A. No. I didn't get any closing statements, which is one of the reasons I wanted to see them. This isn't my first rodeo. I have run into a similar issue with another attorney before that. Come to find out, they're settling for a whole bunch more money than they're telling me about. Regular folks, that's called stealing. For attorneys, maybe they have a special word for it. But for the rest of us, it's stealing. And this ultimately reared its ugly head just days before I resigned. I resigned June 30th, and I was ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 130 contacted the week before that by a very nice gentleman who was the executive director for a nonprofit that has a state contract, I believe with either Department of Corrections or Department of Juvenile Justice called gentleman. And as an attorney, you will appreciate this. So imagine you have the defendant or corporate representative of the defendant contacting the corporate representative of the plaintiff directly, not going through attorneys, which was very unusual. And he and I had a lovely conversation. Turns out, just kind of funny how the world works, turns out this gentleman and I have a whole bunch of common acquaintances. I move in those circles and so does he. And we start, well, you know brother so-and-so, and pastor so-and-so, and sister so-and-so? Yes, I just had dinner with them. And he basically says, "We blew it. We got the public records request," which I made on behalf of CAFI. Yes, we didn't respond the way we should have. We are wrong. We want to fix the problem. I went to your website, your Fog Watch website, which is my personal blog. I saw that you do training for people, and you don't charge anything for it, and you want to help people comply. I talked to brother so-and-so, and he told me you're a good guy and you're willing to work ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 131 1 with us. Absolutely. 2 He's doing everything that I could possibly want 3 a defendant to do. He's admitted liability. He's 4 trying to fix the problem. He said, we offered to 5 settle for $500 and the O'Boyle Law Firm said no. I 6 told him, you know, in all fairness, they've got that in 7 costs plus they're going to have some attorneys fees. 8 It's going to be more than that. I don't know how much 9 it is. I asked him, what did they offer? And he -- I 10 think the number he told me was $4,000, which struck me 11 as awfully high, given they are using a template. The 12 lawsuit they are using is a template that I wrote. This 13 is plug and play, mail merge, and it takes 15, 20 14 minutes to do a complaint. 15 So I call Nick Taylor, who is one of the 16 attorneys at the O'Boyle Law Firm, and I talk to him 17 about it, and he told me they had -- you will have to go 18 back and look at the documents that I have provided Bob 19 Sweetapple earlier. I want to say that e-mail said 20 something to the effect that they had $2,000 -- less 21 than that even, $1,500 in costs, costs and attorneys 22 fees at $250 an hour. So my question to Nick was why in 23 the hell are you asking this poor Black guy who is 24 running a nonprofit trying to help drug addicts, why are 25 you demanding $4,000? His response was that's the ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 1 1 O'Boyle Law Firm policy. February 24, 2016 132 2 MR. DESOUZA: Joel, before you continue, and not 3 to interrupt the flow of all of the questions and 4 answers here, I'm just going to assert a standing 5 objection. There's obviously issues going on in other 6 litigation, Joel, that you're not aware of. As to 7 privilege and CAFI communications, what you have 8 disclosed already, but basically CAFI has taken the 9 position that while you were -- whatever your position 10 was with CAFI, your communications with its attorney 11 of a legal nature such as what you are describing 12 right now, are privileged. You didn't have the right 13 to waive that privilege after you left. You may 14 dispute that. Sweetapple's lawyers may dispute that. 15 I'm just stating on the record, that is an issue that 16 has been made. CAFI is standing by that assertion of 17 privilege. And what you testify about today, CAFI is 18 not backing off of that privilege assertion at all. 19 And I guess in due course, at some point in time, 20 those issues will be resolved. 21 THE WITNESS: Dually noted. And just so you 22 understand my rationale for the record, since Marty 23 decided to raise this issue himself during my 2004 24 examination on his bullshit fishing expedition, I'm 25 going to assert that that privilege has long since Li SQUIRE800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 1 been waived. February 24, 2016 133 2 MR. DESOUZA: Look. I -- 3 THE WITNESS: Dan, Dan, I'm not going to argue 4 with you about it. I'm going to answer the question. 5 MR. DESOUZA: I'm just saying, I don't have the 6 ability to tell you not to answer the question. 7 THE WITNESS: Only one of us can talk at a time, 8 and I'm the star of the show here for the time being, 9 so just let me answer the question. I have heard 10 everybody's objections, dually noted. Just zip it for 11 a minute. 12 I talked to Nick Taylor about this. He told me 13 it was the policy of the O'Boyle Law Firm to do 14 settlement negotiations that way. I sent him an e- 15 mail memorializing that conversation, asking him to 16 confirm that was what was said. And he, moments 17 later, sent me an e-mail back, and this e-mail has 18 been provided to everybody at this table. He 19 confirmed that, that was, in fact, the policy. That 20 was on a Friday. I drove down to Deerfield Beach on 21 that following Monday, which was June 30th, and I 22 resigned. That was the straw that broke the camel's 23 back. 24 And just so we are clear, I already warned the 25 board in writing and verbally that I anticipated that ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 134 1 if things did not change, I was going to resign. But 2 once it became clear that it didn't matter what I 3 said, didn't matter any objections I made, my opinion, 4 my view as the executive director of CAFI was 5 irrelevant. Their view was that I was their whore 6 that was supposed to go out and gin up public records 7 lawsuits and ethics, advocacy, doing what is best for 8 open government in Florida, it doesn't really matter. 9 It's just about ginning up legal fees. I'm out of 10 here, so I quit. 11 MR. GOLDSTEIN: First, Dan, I would ask you to 12 refrain from speaking objections. If you want to 13 object under privilege, that's fine, but again, please 14 refrain from speaking objections. 15 1 BY MR. GOLDSTEIN: 16 Q. So just so I'm clear by your position, it's that 17 it was your understanding that the purpose of CAFI was 18 to drum up public records lawsuits to feed them to the 19 O'Boyle Law Firm to drum up fees? 20 A. You asked me if that was my understanding? 21 Q. That was your impression of what was occurring. 22 A. No. That's what was occurring. That wasn't my 23 impression. That's what was occurring. That was not 24 what I was told when I was hired. And for the first few 25 1 weeks or couple of months, it seemed like they were ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 135 1 going to pretty much let me do my thing and everything 2 was cool. But once Denise DiMartini started getting 3 really involved, and started sending me e-mails telling 4 me I had a quota, and I had to do 25 lawsuits a week, 5 100 lawsuits a month, where are the lawsuits? Bring in 6 more lawsuits. When I realized she was managing the law 7 firm, she was actually managing the law firm meetings 8 where they were discussing not only CAFI cases, but 9 other client cases, clients that I referred to them, and 10 clearly violating attorney-client privilege, when it 11 became clear that Denise was trying to pressure me into 12 the unlicensed practice of law by directing me, as a 13 non -attorney, to draft lawsuits, I knew the handwriting 14 was on the wall. And I was -- I took weeks. I agonized 15 over this decision to quit, I really did, for a whole 16 lot of reasons. And I talked to -- I think I talked to 17 13 or 14 attorneys about this, about what was going on. 18 And trying to get two attorneys to agree on anything, as 19 we have seen today, is nearly impossible. But trying to 20 get 13 or 14 to all say the same thing is pretty 21 shocking. Well, the response was unanimous. And over 22 and over again, what I got was, why are you still there? 23 You have got to leave. You can't continue to be a part 24 of this. 25 1 So I think I was 99.9 percent of the way there. ESQUIRE 800.211.DEPO (3376) il 11 EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 136 1 Then when I had that exchange with Nick Taylor, I just 2 made up my mind that I was done. clear, one 3 Q. Now, you said Denise DiMartini told you that you 4 1 had a quota? 5 A. Yes. She kept demanding that I produce 100 6 lawsuits a month, which, by the way, just so we are 7 clear, one of the great -- one of many ironies of this 8 whole thing is that I was there starting on January 9 27th. So let's just call it February, March, April, 10 May, and I left at the end of June. So I was there for 11 five months. During that time, I probably -- I would 12 estimate that the total number of cases that I generated 13 that could have been ultimately referred to the O'Boyle 14 Law Firm with perfect facts was probably between 400 and 15 500 cases. All of those didn't get referred to the law 16 firm because, towards the end, I just -- I was still 17 doing my thing, but I wasn't sending a bunch of cases to 18 them. They weren't keeping up with what I already sent. 19 They could have had -- had they just left me alone, and 20 had we all just played by the agreement that we 21 originally had, they could have had what they wanted. 22 Jonathan could have had, I think, an enormously 23 successful law firm, and I think I could have had a very 24 fruitful career as a civil rights activist, and I think 25 the citizens of Florida would have benefitted enormously ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 W5 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 137 from the work that I could have done at CAFI. But instead, they just ignored what I kept telling them: If you do this, it's going to blow up in our faces. Q. To your knowledge, was Jonathan O'Boyle involved in the O'Boyle Law Firm meetings and discussions and directing how things were done? A. Yes, yes, yes, I was in the room when he did it repeatedly. He was directing -- early on, it was stated that Jonathan doesn't have his law license yet, so technically he can't direct anybody. Ryan is the managing partner. He is the Florida licensed attorney. Jonathan is licensed elsewhere in this multi -state law practice. So there was a clear acknowledgment that that's what was supposed to happen, but that's not what happened. Jonathan, I mean, I was in the room. I was standing next to him when he would direct attorneys on litigation strategies and settlement strategies. The debate that I had with Nick about all of this at the very end was that's the way Jonathan wants to do it. My response was I don't give a fuck how Jonathan wants to do it. It's not his decision. He's the fucking attorney. He's not the client. I mean, the law is a noble profession. And I'm going to sound like a racist when I say this, but some of my best friends are attorneys. But the fact is, at the end of the day, the ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 138 1 attorney works for the client, not the other way around. 2 And I understand that some attorneys get all worked up 3 because they went to law school, and they got a degree 4 hanging on the wall, and a mountain of student loans 5 they've got to pay off and will be paying off until they 6 are 60 years old. And they are really indignant when 7 they think some layperson is going to tell them what to 8 do, but that's the way it works, or at least that's the 9 way it's supposed to work. And I think the O'Boyle Law 10 Firm had great difficulty understanding that. 11 MR. GILL: Can we take a break? 12 A. MR. GOLDSTEIN: Sure. remember. 13 Q. (Recess from 3:09 p.m. to 3:21 p.m.) 14 BY MR. GOLDSTEIN: 15 Q. You resigned from CAFI in June of 2014? 16 A. Yes, June 30th. Barbara Peterson, John 17 Q. And you said prior to resigning, you had 18 discussions with several lawyers. I think you said 12 19 1 or 13? 20 A. 13 or 14, I don't remember. 21 Q. Did you recall the lawyers, the names of the 22 lawyers you spoke to? 23 A. Some of them, yes, off the top of my head, Greg 24 Thomas, Ana Clara Anderson, Barbara Peterson, John 25 Toracco, Keith Merit. I would have to go back and look. ESQUIRE 800.211.DEPO (3376) OL— 11 Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 1 I There were a bunch. February 24, 2016 139 2 Q. They all had the same response to you, why are 3 you still there? 4 A. Yes. You need to leave. Why are you still 5 there? 6 Q. Now, following your resignation, did you have any 7 -- strike that. 8 Did you assist the O'Boyle Law Firm in any way in 9 terms of how to handle public records request lawsuits? 10 Did you go with them to any seminars? Did you draft any 11 formal complaints for them? 12 A. That's kind of a compound question. 13 Q. Well, we'll take it one at a time. Did you go to 14 any seminars with the O'Boyle Law Firm on public records 15 or First Amendment issues? 16 A. Not that I recall. 17 MR. DESOUZA: Josh, are you asking the questions 18 during his employment or after? 19 MR. GOLDSTEIN: Scratch the after, but I was 20 discussing while he was still employed. 21 MR. DESOUZA: Okay. This is only from January to 22 June, that timeframe? 23 MR. GOLDSTEIN: Correct. 24 THE WITNESS: The only thing that would even 25 approach that was the luncheon that we had in ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 140 1 Tallahassee. The First Amendment Foundation every 2 year does an awards luncheon at the Governor's Club, 3 which is attended primarily by newspaper publishers 4 and members of the Florida government. At my 5 suggestion, the foundation sponsored a table there. 6 We paid $1,000 for a table. The Speaker of the House 7 was there, and the President of the Florida Senate sat 8 with at our table, somebody who I know. And at my 9 urging, the O'Boyle Law Firm, several of the 10 attorneys, four of the attorneys from the O'Boyle Law 11 Firm flew to Tallahassee to attend that. But it 12 wasn't really a seminar. It was more of a luncheon. 13 The only other thing I can think of that would 14 have been a seminar would have been things I did. I 15 actually did an open government seminar very early on 16 within the first couple of weeks of working for the 17 foundation. I did an open government seminar. There 18 were some -- a few civil rights activists who attended 19 it, and Giovanni Mesa, who is one of the attorneys who 20 I like very much, by the way, a real gentleman, 21 attended that seminar where I kind of did my dog and 22 pony show about Public Records 101. 23 Very early on I did have a one-on-one, a very 24 lengthy one-on-one discussion with Marrett Hanna, who 25 is one of the attorneys with the O'Boyle Law Firm, ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 141 1 about open government issues generally and about what 2 I do. But I do recall us going to somebody else's 3 seminar. 4 BY MR. GOLDSTEIN: 5 Q. The First Amendment Foundation luncheon, who 6 purchased the table? 7 A. The foundation did. I made the arrangements to 8 do that. 9 Q. And do you know how the members of the O'Boyle 10 Law Firm got to the luncheon? 11 A. They told me they flew. My understanding from 12 them was they chartered a private plane and flew up the 13 morning of the luncheon. I remember this because I was 14 actually in Deerfield Beach at the offices, and I had 15 been suggesting that we do this for some time. One, I 16 wanted to give support to the First Amendment 17 Foundation, which I have been a member of for a number 18 of years. They do extraordinarily fine work. One of 19 the other ways we supported them is we bought hundreds 20 of these Sunshine manuals, which is one of the minor 21 sources of revenue for the first amendment foundation. 22 And I thought it would be an really excellent 23 opportunity for the O'Boyle Law Firm to get some 24 exposure as a business, because you have newspaper 25 publishers who are some of the principal litigants in ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 142 1 open government issues. And you are sitting with some 2 of the most powerful people in the State of Florida, 3 people who actually make a difference when it comes to 4 public records legislation and developing a rapport with 5 these folks, I think, is a good thing. 6 It took some convincing. They seemed sort of 7 reluctant to go. I think it was two days before the e luncheon. I was in Deerfield, because my wife and I 9 drove up the day before, spent the night at a hotel in 10 Tallahassee, and then attended the luncheon. There was 11 a lot of debate about whether the O'Boyles were going to 12 fly, fly commercially, or drive, or whatever. And even 13 at one point I suggested we all drive together, because 14 I figured if nothing else, we could have some 15 conversations about open government issues, or even, 16 frankly, they could get some billables because we could 17 talk about some of the cases, particularly the cases 16 that were being litigated. 19 And I remember vividly because they were supposed 20 to come up the night before. We had actually talked 21 about all trying to stay at the same hotel. And I 22 remember sitting in their office talking with their 23 paralegal about making those hotel reservations, and 24 they had settled on staying at a Best Western. My wife 25 and I ended up staying somewhere else because they ended ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 143 1 up not coming until the morning. I remember because 2 they were late getting there, even though they flew. 3 Q. So they had booked a hotel; is that what you're 4 saying? 5 A. My understanding is they booked a hotel. 6 Q. Was there any issue with that hotel subsequently 7 that you are aware of? 8 A. My understanding is that they booked the hotel 9 reservation, and then they did not use the hotel 10 reservation. And in an effort to get out of paying for 11 it, they -- the story I heard was they claimed -- they 12 had disputed the charges on a credit card by saying they 13 had showed up to check in, and the desk clerk wouldn't 14 let them check in and gave their rooms away, which if 15 that story was true, would be utter nonsense, because 16 they didn't show up until the day of. 17 Q. You testified previously that you had sent the 18 O'Boyle Law Firm something between the range of 400 or 19 500 cases during the time that you were at CAFI; is that 20 correct? 21 A. Yes. 22 Q. And were all of those suits, in fact, filed, to 23 your knowledge? 24 A. All of those suits filed? No. 25 Q. How many suits, during your time at CAFI, do you ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 1 I believe were filed? February 24, 2016 144 2 A. Say that again. 3 Q. While you were at CAFI, how many public records 4 suits were filed in the name of CAFI? 5 A. I don't know. 6 Q. Do you know who paid for the filing fees for 7 these lawsuits? 8 A. The law firm did, as far as I know. As far as I 9 know, CAFI didn't pay for them. 10 Q. So as far as you know, there were no checks 11 written for the filing fees? 12 A. Not that I know of; that was not really my 13 province at the foundation. I didn't have anything to 14 do with finances. 15 Q. Now, you said you had to review all of the 16 complaints before they were filed. That is what your 17 requirement was, and you wanted them verified with your 18 signature. 19 A. Say that again. 20 Q. You testified earlier, if I recall correctly, 21 that it was your position that you wanted to review and 22 verify all of the complaints filed on behalf of the 23 foundation prior to them being filed. 24 A. Yes. 25 Q. How many suits are you aware of that were filed ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 145 that didn't have your signature? A. I don't know. Q. Are you aware of any suits that were filed -- A. Yes, I believe some were. Q. Were some of those suits the ones that were filed against the Town of Gulf Stream? A. I believe at least one of them against the Town of Gulf Stream. Q. During your time at -- well, during the time where you started having concerns while you were at CAFI, who did you express those concerns to? A. Marty, Denise DiMartini, Bill Ring, Jonathan O'Boyle, Ryan Witmer, Giovanni Mesa, Nick Taylor, and Marrett Hanna. Q. Did any of them share in your concerns? A. Yes, I believe they did. At least they said they did. Q. Which of the individuals that you spoke to said they had shared in your concerns? A. Ryan Witmer, Giovanni Mesa, and Marrett Hanna. Q. Do you recall, was there any -- what specifically did Ryan Whitmer express to you? A. "We're going to fuck this up." That's a direct quote. Q. What about Giovanni Mesa or Marrett Hanna? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 146 1 A. I think that Giovanni, I think expressed concerns 2 about just the -- how things were being done, a lot of 3 the same ethical concerns that I had about the 4 settlements, about trying to maintain an appearance of 5 propriety with respect to the nature of the 6 relationships between Marty and the foundation, and the 7 foundation and the law firm, about the fact that Denise 8 DiMartini, who is not an attorney, was directing the 9 attorneys, that Jonathan, who is not an attorney, was 10 directing attorneys. 11 Marrett had many of the same concerns. In fact, 12 when I mentioned to you earlier, one of the sticking 13 points Marty and I had was he did not want me doing any 14 pro se work once I went to work for them. And I 15 actually had several pending cases that had been filed 16 prior to my going to work for the foundation. And even 17 though I think technically, because they had been filed 18 before, that wouldn't have been a violation of my 19 agreement with Marty, I wanted to wash my hands of it 20 and wanted to concentrate solely on my responsibilities 21 to CAFI. So I retained the O'Boyle Law Firm to 22 represent me in those cases. And I think there were 23 three, maybe four. 24 And Marrett, who was assigned to at least one of 25 those cases -- and I was very pleased with her work. ESQUIRE 800.211.DEPO (33 76) CrEsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 147 1 She and I really -- and I would say the same thing about 2 Giovanni, and to a very large extent, the same thing 3 about Ryan. I think we all kind of clicked on the same 4 wavelength, Marrett and I probably more so than anybody 5 else. She seemed deeply concerned about ethics. I 6 think she was very concerned about the potential 7 ramifications to her career if things weren't done in a 8 way that was above board. I think she had a real 9 concern about going after public agencies, and the cost 10 to tax payers, and wanting to be sure that if we sued 11 public operative agencies, municipalities, for example, 12 that we really had tried to resolve things without 13 litigation. And I think to a very great extent, I put 14 her mind at ease that was not how I did things, that I 15 1 wanted to -- she and I shared the same concerns. 16 I actually, during one of her discussions with 17 opposing counsel, one of my personal cases, I actually 18 sat in on that. I didn't talk. She had me on speaker 19 phone and I listened, mainly because I wanted to see how 20 she did it. Not only for my own cases, but I thought 21 that might be an indicator of how she was for cases for 22 CAFI. And I was very impressed. I thought she was very 23 knowledgeable. She was dispassionate in her discussion 24 with opposing counsel. She didn't make it personal. 25 In spite of my being very pleased with her ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 148 performance in representing me personally, she was, without my knowledge, consent, no discussion with me, she was removed by Jonathan from managing my cases, and Ryan stepped into her place. I was very pleased with Ryan's work, but I had a huge problem with them just unilaterally deciding that this attorney I was very pleased with was -- they didn't discuss it with me. I cannot imagine any -- I cannot imagine Thomas & LaCicero pulling a stunt like that. Why would somebody do that? And I think there were just deep philosophical The impression that I got was she was being marginalized. She was excluded from meetings, and that it was unfortunate. It's kind of ironic, because of all of the attorneys that I worked with there, she was the one that without a doubt, I had the greatest confidence in. One of the things that I have come to appreciate in an attorney is someone who is willing to tell me no, and somebody who is willing to challenge my assumptions and my assertions. And she was very willing to do that. She was willing to be the devil's advocate when we would discuss cases. She and I didn't always agree, but I think it's important when you have an attorney that they are dispassionate and they try to take a clinical approach to things, and sometimes that requires them ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 149 1 challenging the assertions of the client. The client 2 still gets to make the final decisions as long as they 3 are ethical and legal. I don't think that that was a 4 good fit for what was going on at the O'Boyle Law Firm. 5 She was not somebody who just would do what she 6 was told to do without questioning things, and I 7 applauded her for that, and I think it cost her her job. 8 Q. So it resulted in being terminated, to your 9 knowledge? 10 A. I don't know whether she was terminated, or she 11 quit. She certainly did not leave on good terms. That 12 is the impression I have gotten. She and I have talked 13 a few times since she left. We don't keep in close 14 contact. I think she was the exceptional attorney of 15 the group. I think that Giovanni had real promise. I 16 don't know what he's doing now. I don't know if he's 17 still there. I have nothing but warm regard for 18 Giovanni, both professionally and personally. I feel 19 very much the same way about Ryan. I think Ryan was 20 sort of in a no-win position. 21 Here you have somebody basically handing you a 22 partnership in a law firm on a silver platter, and it 23 looks like great, and you have a great opportunity. But 24 like I said, his exact words to me was, "We're going to 25 fuck this up. We are the ones that are going to mess it ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 150 1 up. It's ours to lose, and we are going to lose it." 2 And it was because of all of this silliness. If 3 you -- I recognize that many of the Bar rules are 4 somewhat archaic. But for the most part, I think they 5 are there for a good reason. There is a reason why you 6 have an engagement letter. There is a reason whey you 7 have a retainer. There is a reason why there is 8 attorney-client privilege. There is a reason why the 9 client ultimately, as long as it's legal and ethical, 10 makes the decisions. These are tried and true 11 practices, and that's the way it's supposed to be. I 12 think they had great difficulty with that. 13 Q. The three lawsuits that you were handling 14 initially pro se, were they brought to conclusion while 15 you were still at CAFI? 16 A. My recollection is that they were. If I'm not 17 mistaken, there was some debate about the settlement 18 amounts, which again, if I'm pro se, it's one thing for 19 me to make a settlement proposal for something I'm not 20 entitled to. They're asking for something they're not 21 entitled to. They want the case dismissed. They are 22 not entitled to that. I'm not entitled to money. 23 That's the whole nature of the settlement negotiation. 24 We are going to ask for things we are not entitled to 25 and try to come to some accommodation. It's legal, ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 151 ethical. That's the way it's supposed to work. It's another thing entirely when you begin to put it in the context of these are fees that we have earned. If you haven't earned them, but you're say that you have, that's problematic. And it's particularly problematic whether you're doing it without discussing it with your client. Q. So were those cases settled with your knowledge and discussing with you, or were they just settled without your knowledge? A. I mean, ultimately, I executed the settlement agreements, if I'm not mistaken. But the machinations of that, I don't think were entirely transparent to me. And I have been spoiled. Thomas & LaCicero, for example, they have been doing this a long time, and they are very, very good at what they do. And they are, you know, almost agonizingly scrupulous. But they don't -- I mean, my instructions to them -- if there was -- Greg Thomas is somebody I would literally trust with a million dollars cash. I would trust him with my life, and I mean that literally. I would trust him with my life. But even with that relationship, and I have never had a negative experience with Thomas & LaCicero in the however many years they have represented me, but they are not allowed to send communications to opposing C)ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 l'i 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 152 counsel without my seeing it. They don't file anything without me looking at it first. It's not that I don't trust them. It's I want to know how the sausage is made. And that, by the way, is how I figured out how to do pro se litigation. I'm sure I was a pain in the ass, because I wanted to see every little thing they did, and they were very gracious about letting me see it. So I have very little patience with attorneys who want to pat me on the head and do things without me knowing about it. That's a sure fire way for me to fire an attorney. Q. Are you aware as to whether or not any of the settlements that were negotiated by the O'Boyle Law Firm on behalf of CAFI, if the settlement amounts were ever paid by an entity's insurance carrier? A. I don't know. Again, I didn't get closing statements. I was not given the detail -- level of detail that I was accustomed to or wanted, which was a beef that I had with them ongoing. Q. So would you agree that the settlements would become further problematic if they were, in fact, with insurance carriers, and the amounts that were due that the settlement was for, was for more than what was, in fact, attorneys fees that were accrued? MR. DESOUZA: Objection, form. I'm not sure what O, -ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE you're asking. February 24, 2016 153 A. This is why seeing communications with opposing counsel is so important to me. I think it would depend on how you couch it. At a risk of sounding like Bill Clinton, it depends on what definition of "is" is. If I say to you that our attorneys fees are $5,000 when really our attorneys fees and costs are only $2,500, then I think that is potentially fraudulent. If on the other hand you say that my client has authorized me to offer to settle for the following conditions, one of which is a monetary payment of $5,000, and we acknowledge that we are not entitled to that any more than you are entitled to a notice of voluntary dismissal, I think that's very different. I think that creates other ancillary issues when you're talking about having an attorney versus being pro se, because then there's the issue of is it contingency? And if it's contingency, is this potentially fee splitting? There are issues there. But as far as defrauding somebody, I think it really comes down to the language that is used, which is why I want to see communications. If somebody is representing me, I want to see what it is they're saying on my behalf. It's rare. It's really, really rare that I have an attorney that goes to a hearing and I'm not there. I ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 154 mean, I just had a case management conference, and it attorney that is representing me in that case has been practicing law for a long time. He was in the Clinton Whitehouse. This is somebody that actually knows what they're doing, and I still went to a case management conference. Part of it is I want to learn, and part of it is I want to see what somebody is doing on my behalf. So in an answer to your question, I think that when you -- if you were to say -- I would be very uncomfortable saying to an insurance carrier, "I'm entitled to X." When I know I'm not. I would be very uncomfortable saying that to anybody, which is why when I talk to opposing counsel, I'm very blunt about the fact that I'm asking for something that I'm not entitled to, just like your client is asking for something they're not entitled to. If we're going to talk about entitlements, then we're going to have to litigate. Q. Now, after your resignation from CAFI, have you had any discussions or communications with Martin O'Boyle? A. Oh, Lord, yes. Q. What have those communications with Martin O'Boyle entailed? rOESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 155 A. When I went down to resign on June 30th, I -- before I went down, I turned in my rental car here in Lakeland. I drove down in my car, my old beat up Volvo. And I had all of my stuff that belonged to them, a hard drive, scanner, whatever stuff I had that belonged to the foundation, and I had it all boxed up, and I took it in on a little hand truck that I have. And I went in to see Bill Ring, and handed him my resignation letter. And inside that envelope was the credit card, foundation credit card. And he was kind of like, "What's this?" I said, that's my letter of resignation. When is this effective? It was effective about five minutes ago. I'm done. And it was a very brief -- we didn't really talk. Here's your stuff, and I'm leaving. It was not ugly, but there was not a lot of back and forth. On my way out, I stepped across the hallway to Brenda Russel, Marty's long-time secretary, and said, "Would you please have Marty give me a call?" He wasn't there. And the reason I wanted him to call was to simply say to him thank you for the opportunity, and I appreciate your willingness to take a chance on me. And I'm sorry things didn't work out, but you go your way, I will go mine, no hard feelings. On my way back to Lakeland from his office, I got ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 156 a phone call with Marty -- it was a conference call with Martin O'Boyle, Denise DiMartini and Bill Ring. It started out fairly pleasant, kind of like, oh, gee, what happened? Why did you quit? And I kind of -- I didn't really want to go through the whole thing again. I already laid all this out. I kind of went through it very briefly and was hoping we could go our separate ways. And it seemed like maybe that was going to happen until Marty started with the whole, why did you send that e-mail to Nick Taylor, the one about the -- what I thought were confiscatory fees that were being demanded from Miami's River of Life. Then he told me that he wanted me to retract or rescind that e-mail. I don't know how you would do that. The e-mail has been sent. I don't know how you rescind something like that. And it was not just my e-mail. It was an exchange. And I told him that wasn't going to happen. He told me if I didn't, he was going to bring great unpleasantness into my life. I told him, "Don't threaten me," and he did it again, and I told him, "Don't threaten me," and he did it again. Probably at least three or four times he said he was going to bring great unpleasantness in my life, and I made it very clear that I perceived that as a threat. Before I resigned, I had prepared a press ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 157 1 release, and it was a pretty innocuous press release, 2 just saying that I had left the Citizens Awareness 3 Foundation because we had irreconcilable, philosophical 4 differences. I didn't really get into any details. And 5 many of these press releases went to reporters that I 6 have good relationships with, and I figured they would 7 get it without me having to get into any details. I had 6 not planned to grant any interviews. I knew I that I 9 would be asked for interviews. I wasn't planning to 10 give any. I wasn't planning to get into any detail, so 11 long as -- so long as they let me just leave. 12 But I'm a thoughtful person. "Machiavellian" has 13 such a negative connotation to it, but I like to think 14 things through. And weeks before I left, knowing that I 15 might leave, and knowing that there was a side of Marty 16 that I didn't think was trustworthy, and that I had seen 17 him pound the shit out of Gulf Stream, and I had seen 18 him get -- I very much had a sense that when Marty got 19 the bit between his teeth, he wouldn't stop. So I made 20 sure that I had lots of documents that corroborated -- I 21 mean like the e-mails with Denise telling me to draft 22 lawsuits, and me telling her that's the unlicensed 23 practice of law, Denise. well, do it anyway. I can't. 24 I'm not going to do it. 25 Or her sending me the e-mail with the nonsense ESQUIRE 800.211.DEPO (3376) < EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 158 1 about 25 lawsuits a week, where are more of the 2 lawsuits? And the e-mails about her saying she's in 3 there running a law firm meeting. I gathered all of 4 that stuff up together in a nice little package with a 5 bow on it. And I was ready to push the button. And 6 when Marty threatened me, I pushed the button. In 7 addition to sending out a press release, I also sent out 8 an e-mail to as many of the attorneys representing 9 defendants that were being sued or had been sued by the 10 Citizens Awareness Foundation offering to be of 11 assistance in any way I could. And here we are. 12 Marty -- well, Citizens Awareness Foundation 13 filed a lawsuit against me for breach of contract and 14 for fiduciary duty or some nonsense, and we have had 15 tangled since then. I was financially on life support 16 before I went to work for Marty. I had just enough 17 1 money to rent a car to get down there, and wasn't sure I 18 had enough gas to get there. And if things hadn't 19 worked out, I probably wouldn't have had the gas to get 20 home. I filed Chapter 13 after I went to work for 21 Citizens. Now all of a sudden I had money coming in, 22 and I was concerned about being protected from 23 creditors. Once I resigned, I went back to not having 24 an income. So we dismissed the Chapter 13 bankruptcy 25 1 and I waited until I was qualified, then filed ESQUIRE 800.211.DEPO (3376) 111.1 < r EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE Chapter 7. February 24, 2016 159 CAFI and Marty both have alleged that they're creditors, and that I owe money. CAFI is claiming that I owe them a million dollars. Marty is claiming that I owe him a million dollars. And they have showed up a couple times for 2004 examinations, the bankruptcy version of a deposition, which Marty proceeded with the nonsensical threats once more in front of my attorney, and in front of my wife, and in front of Mr. DeSouza, who did not object to his client threatening me, by the way. I just want to be sure we're on the record with that. So yes, I have had plenty of conversations with Mr. O'Boyle, none of which have been particularly pleasant, which is sad, because I really like Marty. I think he's actually a really nice guy when he's not being a dick. Q. So you're saying -- I believe you testified before that there are two sides to Mr. O'Boyle? A. Yes. There's this -- the thing -- I really -- and I mean this. I genuinely like Marty O'Boyle. He's a funny, smart guy. He's winsome, charming. He -- I have had -- I have really warm, happy memories of spending time with him at his house, hanging out, having a cup of coffee. He's a delightful guy, as long as he ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 160 gets his way. When he doesn't get his way, then, you know, the mask comes off. We are all that way, right, to some extent. Ask my kids. As long as they do what I want them to do, I'm probably pretty cool. When they don't, I'm probably not so cool. The problem is that in my experience, my personal experience, Marty is very willing to use the courts as a weapon. I mean, I think what he has done to me in this nonsensical lawsuit that is still pending, by the way, from CAFI, is vexatious litigation. That's exactly what it is. It's the definition of vexatious litigation. There's no basis to it. The allegations are false. Of the 50 -something claims -- allegations that are in this complaint, the only two that are true -- and I mean this literally, is that my name is Joel Edward Chandler and I live in Polk County. Other than that, it's not true. It doesn't matter. Whether it's a good lawsuit or not, it doesn't matter. That's a terrible thing to do to somebody. I didn't do anything wrong. I wanted to walk away. Leave me alone. Let me walk away. And I told him that. Don't threaten me. You go your way, I'll go mine. Let's just pretend this never happened. Q. So CAFI has filed a lawsuit again you? A. Yes. ESQUIREcr 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 �� 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 161 Q. Has Mr. O'Boyle personally filed a lawsuit against you? A. No. Mr. O'Boyle has not personally filed a lawsuit against me, although he claims that he has a cause of action against me for slander. But the CAFI lawsuit is nonsensical for a whole host of reasons, not the least of which is Mr. O'Boyle is not named as one of the plaintiffs, and he is clearly an indispensable unnamed party. And on that basis alone, I'm confident that case will be dismissed. Needless to say, you're kind of back to what I have been saying all along. Either he really does control CAFI, right, or somebody committed wire fraud. Take your pick. It's one or the other. I don't see an alternative to that dichotomy. It's one or the other. Q. Now, what has he said to you is his claimed slander claim? A. All of the stuff that I -- the documents that I gave to Bob Sweetapple, when I contacted -- and I contacted Bob. Bob did not contact me. I talked to Joann O'Connor. I sent them e-mails, and they ultimately responded to me, to my invitation to help them in any defense of public records lawsuit that were filed by CAFI, which is sort of ironic because -- not the Gulf Stream cases, but many, maybe most of the other ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 162 1 cases, I was the person that actually made the request. 2 So I know the facts intimately. I would not be helpful 3 in defending the underlying facts of the public records 4 lawsuit; right? My advice would be the same thing that 5 I told the Department of Economic Opportunity. You 6 broke the law. Admit liability, produce the records, 7 and go for a fee hearing. 8 And by the way, if you did that -- and feel free, 9 Hudson, to share this with the Florida League of Cities 10 and all of their constituents. If you did that, you 11 would remove all economic motivation for public records 12 litigation. Let me just say this on the record since 13 you're here. Let me make this very crystal clear to 14 everybody. If they did that, then the plaintiff would 15 have to go to court; right? They would have to go to a 16 fee hearing. In the fee hearing, you're going to have 17 to hire an expert witness and justify your costs. None 18 of that's compensable. Once liability is established, 19 the toll stops running. The meter stops running. You 20 are not entitled to any more attorneys fees for 21 plaintiff. 22 It would be a losing economic proposition if 23 every agency did that. Public records litigation would 24 virtually stop because you -- you wouldn't even get your 25 costs back doing that. The down side of that is, of ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 163 1 course, how many times could you admit liability without 2 setting yourself up for an injunction; right? 3 Q. Very true. 4 A. Which is why they won't do it, because they want 5 to keep giving the citizens of Florida the middle finger 6 and not complying with the law. We are back to the way 7 to fix public records litigation is everybody just start 8 complying with the law, and there wouldn't be any. 9 What was your question? 10 Q. Thus you have a conundrum. 11 What was the slander suit? 12 A. That I gave Bob Sweetapple the keys to the 13 kingdom. I sat down. I was happy to do. It was 14 voluntary. Bob -- it was the first time I ever met Bob. 15 We had talked on the phone just coordinating things. I 16 think we had a preliminary conversation, as I recall, 17 and the rest of our conversations before we met in 18 person were purely scheduling, what is convenient. 19 Then when we sat down, we did a videotaped sworn 20 statement, and I basically told the same story I told 21 here today, which is the truth, which is why it's so 22 easy to remember, and Marty didn't like that. 23 Q. So he's threatened with you with a sland er suit. 24 When he said he was going to sue you for slander, was 25 that by e-mail? Or did he call you on the phone? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 164 1 A. He asserted that to the bankruptcy court, to the 2 trustee. He claims that he has a claim against me. The 3 -- and that it's not dischargable in the bankruptcy 4 because allegedly it's fraud or whatever. His claim in 5 the -- you probably already know this. His claim and 6 the CAFI claim, we stipulated to the bankruptcy court 7 that that be removed from the bankruptcy and the stay be 8 lifted so that those could proceed so that my bankruptcy 9 could be resolved, which it still hasn't been resolved, 10 although no other creditors have objected. 11 Q. Are CAFI and O'Boyle the ones that have objected? 12 A. Yes. No other creditors objected to anything. I 13 said it earlier. If you fuck with the establishment and 14 you're not a straight arrow, you are begging for 15 trouble. I'm a straight arrow. I play by the rules. I 16 know people don't like me, but I don't really care. My 17 bankruptcy was squeaky clean, no hiccups, no nothing. I 18 filed December 8, 2015, and here we are in almost March 19 of 2016, and it still hasn't been discharged. The 20 reason is -- it should have been discharged in March of 21 last year. The reason it hasn't is because Marty was 22 dicking around with me, and harassing me, and harassing 23 my wife. 24 But that's not the threat he made. The threat he 25 made was that if I didn't back off, and if I kept ESQUIRE 800.211.DEPO (3376) i 11EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 165 keeping his son from getting his law license, that Marty has a lot of money, and I'll hunt you to the ends of the earth and make your life miserable. Q. Is he trying to do that now? A. I don't know. I feel like in spite of my vociferous opinion about things, which isn't going to change no matter what, I don't have any ax to grind with Marty. I really don't. The way we've left things the last time I talked to him was kind of what I suggested in the first place. You go your way, I go mine. I want my bankruptcy discharged so I can move on with my life. One of the ironies of this whole thing is it's Chapter 7 bankruptcy. It's not like my creditors are screwing with me. It doesn't really effect the day-to-day operation of my life, but I would like to get it behind me. I would like to move on. But the -- what still remains is, of course, the threat that he could potentially file a lawsuit for slander for prebankruptcy, the nonsensical claims that he says he has, which he doesn't really have. Then of course there is still the CAFI ligation that I have to deal with on my very limited resources. Q. Have you had any discussions with Mr. O'Boyle's counsel in this matter, Daniel DeSouza? A. About what? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 S 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 166 Q. Who represents CAFI in the suit that was filed against you? A. It's changed from week to week, seems like. I think Dan is the one that is representing him now. There was -- I don't know. Somebody else represented him before. They may have changed a couple times. Q. So have you had -- A. I can't believe that Dan would have drafted that lawsuit. He's a much better attorney than that. MR. GOLDSTEIN: I will show you what we will mark as Exhibit 4. (Defendant's Exhibit No. 4 was marked for identification.) BY MR. GOLDSTEIN: Q. It's a copy of the complaint, CAFI v. Joel Chandler. Is this the complaint you're referring to? A. Yes, this work of fiction, yes. Q. It is your understanding that Mr. DeSouza is now handling this matter on behalf of CAFI? A. I believe that's the case. Q. And is it also your understanding that Mr. DeSouza is representing Mr. O'Boyle here today? A. Yes. That is what I understood. Q. Are you aware as to whether or not the -- did you have any meetings with DeSouza or Mitchell Berger ESQUIRE 800.211.DEPO (3376) . r EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 167 1 regarding the documents that you provided? 2 A. Yes, yes, I did. 3 Q. Did you provide Mr. DeSouza and Mitchell Berger 4 those documents? 5 A. I don't remember if I gave them to Berger. He is 6 the guy with the giant ego; right? Isn't that the guy 7 we're talking about? 6 MR. DESOUZA: Which are the documents we are 9 talking about now, Josh? 10 MR. GOLDSTEIN: We are talking about the 11 documents that Mr. Chandler provided to Mr. 12 Sweetapple. 13 THE WITNESS: Yes. I gave -- they made a very 14 vague CAFI, O'Boyle, whatever, that whole kerfuffle, 15 made document demands, which I produced. It was a 16 very, very, very significant number of documents that 17 I produced. 18 BY MR. GOLDSTEIN: 19 Q. Those were the same documents that you also 20 produced to my client? 21 A. We are talking about -- I think that we are 22 talking about hundreds of thousands of pages. Not 23 hundreds of thousands of files, but I want to say this 24 was something in the order of about 64,000 documents, 25 and some of those would have been many, many, many ESQUIRE 800.211.DEPO (3376) I I . EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 168 1 pages. We are talking about hundreds of thousands of 2 pages. As I recall, it was over one terabit of data. 3 So I can't -- I don't know that I would be willing to 4 say with certainty that every single file was there, but 5 they should have been about the same. 6 Q. Do you know who Mr. Berger represented? 7 A. I believe he represented Marty, was my 8 impression. They flew up here and we met for drinks at 9 a really nice Irish pub downtown. I say "nice," meaning 10 it is a shit hole. It's in a Irish pub. That's what 11 they're supposed to be. And I say that as an Irishman. 12 It has a very authentic feel. 13 So we met down there, and had drinks, and we 14 chatted, and they made overtures. And they didn't buy 15 my drinks, they didn't buy my dinner. I was very 16 disappointed in that, very, very disappointed. 17 Q. What were your discussions with them while you 18 were at this pub? 19 A. The gist of the conversation was trying to kind 20 of, everybody climb down off the ledge. This wasn't -- 21 I don't remember the exact date or anything. This was 22 not long after I had the nuclear option, which was you 23 are threatening me. Fuck you. Let's go, and I turned 24 both keys. 25 I think they kind of -- I don't know. Basically "ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 169 1 one of the issues was help us get rid of all these cases 2 CAFI's got, like an albatross hanging around our neck. 3 Help us do something with them. There weren't any real 4 concrete proposals. It was just kind of the way Mitch 5 Berger -- he's a nice guy, as long as you want to listen 6 to him tell you everybody he's ever met. 7 He like, you know, you and Marty are going to be 8 at each other's throats for the rest of your lives. 9 Let's try to work this out. So they -- there was a 10 proposal -- I say a proposal. It was a suggestion, I 11 guess, possibility that hey, we will just give you the 12 foundation. We will just give it all to you. I was 13 like, what would I do with it? I don't want anything to 14 do with it. I've extricated myself from it. 15 And I -- plus, it would be expensive to deal with 16 all that stuff, all those cases. So the question was, 17 what would it take economically -- and they were very 18 clear, to their credit, that they were not offering to 19 pay me any money directly, but what would it cost to do 20 all of this? They told me to think about it and give 21 them a proposal, which I did a few days later. My 22 proposal was that I would take -- they could sign the 23 foundation over to me, and I would take responsibility 24 for disposing of all of the litigation, which would have 25 been really easy, and I wanted Marty to make a ESQUIRE11 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 Ili r 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 170 contribution to the charity of my choice, which would have been the First Amendment Foundation, for 2.75 million dollars. Do that, and I will step in and help. Don't do that, and you're on your own. But I wouldn't get any of the money. I would have not -- my proposal did not involve me getting a penny. Q. That clearly didn't occur? A. It did not. Q. Now, you said when you got threatened, you reached out to numerous attorneys that were involved in CAFI lawsuits. A. Yes. Q. Do you recall who you reached out to? A. I want to say I talked to Jerry Richmond at one point. He was representing Wantman Group, I think, one of the defendants. I talked to Grier Wells. There were not nearly as many as I would have thought, frankly. I would have thought they would be like, hey, help us out. But it wasn't that many. I was surprised how few were interested. MR. DESOUZA: Joel, I'm sorry to interrupt. What was the name that you said after Jerry Richmond? THE WITNESS: The Wantman Group and Grier Wells. MR. DESOUZA: Grier Wells. THE WITNESS: He is an attorney somewhere in ESQUIRE800.211.DEPO (3376) 11 1 . EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 171 1 North Florida. 2 MR. SWEETAPPLE: Gray Robinson. 3 MR. GOLDSTEIN: I think it's Gray Robinson, Dan. 4 MR. DESOUZA: Is Grier Wells the name of an 5 attorney? 6 THE WITNESS: Yes. He's on the Board of 7 Governors for the Florida Bar, if I'm not mistaken. 8 MR. DESOUZA: So it's Grier Wells of Gray 9 Robinson? 10 THE WITNESS: Yes. 11 MR. DESOUZA: Thank you. Sorry about that. 12 THE WITNESS: That does sound like a law firm 13 name, I have to admit. 14 BY MR. GOLDSTEIN: 15 Q. And you reached out to my client, Mr. Sweetapple? 16 A. Yes. 17 Q. And then you contacted him subsequently? He 18 responded to your e-mail? 19 A. Yes. And I was really curious. By all the 20 descriptions I got from Mary, I was expecting to see a 21 guy with horns and a tail. I thought he might have a 22 pitchfork, but he didn't. 23 Q. What did Marty tell you about Mr. Sweetapple? 24 A. I don't remember exactly, just that he's a bad 25 guy, whatever. It's his nemesis. It's like a cartoon ESQUIRE 800.211.DEPO (3376) 5 0 l U T 1 0 M 5 Esquire Solutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 172 character or something. Q. So Marty had a fair amount of animosity toward Mr. Sweetapple? A. I would say so. That was my impression. Q. How many times did you speak with my client? A. We have talked quite a few times. It's not like we hang out. I think this is only the second time we have actually seen each other face to face. All of my interactions with Bob have been very pleasant. They've been cordial. I am confident that he and I probably see the world very differently on many, many issues. But I don't -- like I say, I don't make this stuff personal. Leave me and my family alone, and we are good. Start fucking with little old Black ladies, and we are going to have a problem. But other than that, I don't really care. I like Bob. He's been nice to me. I don't agree with everything that I have heard, but I don't know that everything I have heard is true. Q. And by everything you heard, you mean everything you have heard from Mr. O'Boyle? A. Yes. I mean, I think that -- I thought that the -- I thought the RICO lawsuit was ill advised for a whole host of reasons, not the least of which is making a public records request, in and of itself, is not a criminal act. I'm not a RICO attorney, so what do I ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 173 1 know? I watch the Sopranos, but what do I really know 2 about that kind of stuff. 3 I, frankly, have been very disappointed in the 4 approach that the establishment has taken, and Bob is 5 not the establishment, but he is an attorney for the 6 establishment, which doesn't make him a bad guy. I, 7 like most people, try -- I think of people on the other 8 side of me, "other," as being somewhat monolithic, and I 9 recognize that's a fallacy. But I do think the 10 establishment's taking the wrong approach to try to 11 resolve the complaints they've got with people like 12 Marty O'Boyle. 13 I vehemently disagree with -- I don't know that 14 this is necessarily Bob's doing, but the Town going 15 after Chris O'Hare, I completely disagree with that. 16 And my perception is, based particularly on a RICO 17 complaint, that there is sort of this lumping Chris and 18 Marty into the same cabal. I just don't have any -- my 19 experience with Chris has been nothing but -- I don't 20 have anything negative to say about Chris, and I'm 21 baffled as to why he's hanging out with Marty. But we 22 all make poor choices sometimes. 23 Q. So you met with Mr. Sweetapple? 24 A. Yes. 25 Q. And I believe you testified previously that you ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 174 1 agreed to provide him with a sworn statement? 2 A. I did. And just for the record, just for the 3 record, we had lunch together at Palace Pizza. And if 4 I'm not mistaken, he bought me a slice of pizza. So I 5 want to be sure we have full disclosure here. 6 Q. Was that prior to or after the sworn statement? 7 A. I think we took a lunch break. But I just want 8 to be sure that everybody understands that my testimony 9 was in no way influenced by a slice of pizza. 10 MR. GOLDSTEIN: Let me show you what I will mark 11 as Exhibit 5 for identification purposes. 12 (Defendant's Exhibit No. 5 was marked for 13 identification.) 14 BY MR. GOLDSTEIN: 15 Q. Exhibit 5 is the sworn statement of Joel 16 Chandler. Does that transcript look familiar to you? 17 A. Seriously, when you hand me -- hold on. Let me 18 finish. When you hand me -- how many pages is this? 19 Dan will tell you how this works. If you ask me to 20 authenticate this, I'm going to sit here and read every 21 last word of if. If you're going to ask me if this is 22 my -- I have no choice but to read 193 pages. I read 23 almost all of the transcript that I was provided 24 previously. This appears to be that. But if it is or 25 not, I don't know. There is no way for me to know ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 175 1 without reading it. 2 Q. Would you say that the testimony that you gave in 3 the sworn statement in July 23rd, 2014, was true and 4 accurate? 5 A. Yes. 6 Q. Is there anything you know today that would 7 change the fact of whether or not that testimony in the 8 sworn statement from July 23rd, 2014, is no longer true 9 and accurate? 10 A. No. it Q. Thank you. I believe you testified recently or 12 previously that you had a 2004 examination that Mr. 13 O'Boyle -- 14 A. I had two of them. 15 Q. When was the last one, if you recall? 16 A. I want to say it was in -- I want to say 17 November. I'm not sure. I can't speculate. 18 Q. Do you recall testifying at your 2004 examination 19 that you were aware of the RICO suit that was filed, but 20 felt that it was dismissed imprudently? 21 MR. DESOUZA: I'm sorry. I didn't catch the 22 question, Josh. 23 MR. GOLDSTEIN: The question was, does he recall 24 testifying at the 2004 examination in October 2015, 25 that he was aware of the RICO case, but he believes ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 176 that it was dismissed by the federal court imprudently, in his opinion? A. I don't recall saying that. I think that is the exact opposite of what I said. I believe that it was filed imprudently. And I thought that the appeal -- and I don't know whether it was ultimately appealed or not. I know Joann O'Connor called and talked to me about it at one point. And I shared with her my belief that it was imprudent to appeal it. If it got appealed, I'm delighted. I think it would be great, because I think it will be -- the dismissal will be upheld by the Eleventh Federal Circuit in Atlanta, which I think actually is a good thing for public records access. I think it was imprudent to file it. I think the court got it right. Now, some of the things in the judge's opinion, I may not agree with entirely. But overall, I thought it was a good decision. Q. Do you think that the actions that were being taken by CAFI and the O'Boyle Law Group when you were involved, that eventually caused you to leave CAFI, those things that were going on, do you think they were appropriate or proper acts? A. No. I think they were terrible. Q. Do you think there is clearly some kind of ESQUIRE 800.211.DEPO (33 76) Esquire Solutions. com 2 3 4 5 6 7 8 M 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 177 violation of law that was occurring, given what was going on? A. I think there was. I think there was the unlicensed practice of law going on. I think that again, we are back to either Marty really does control CAFI -- MR. DESOUZA: Joel, before you go on, I just want to note my objection to form on the record before the answer goes on. A. Okay. We are back to this -- we're on the horns of a dilemma. Either Marty really controls CAFI, and the O'Boyle Law Firm, and whole mess, which I think creates some serious ethical and legal issues, or the alternative is that among other things, in addition to the unlicensed practice of law, you had wire fraud going on because public records requests were being made on behalf of a foundation that wasn't making those public records requests. Do I think there were criminal things going on? I'm not an attorney. But as a layperson, not trying to render a legal opinion, but as a layperson, do I think there were potentially illegal things going on? Yes, I do. My issue with the -- and again, I'm not trying to be funny when I say this. The totality of what I know C)ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 178 1 about RICO is from watching the Sopranos. I don't 2 understand the ins and outs of RICO. What I think I 3 understand is that there has to be an underlying 4 criminal activity. I don't think that making a public 5 records request in and of itself, or even making 6 thousands of public records requests on the Town of Gulf 7 Stream is an illegal action. There may be a whole bunch 8 of other illegal actions. 9 I mean, I'm mystified, really mystified, given 10 what I think are just clear evidence that I have 11 provided to anybody that wants to see it, that there was 12 the unlicensed practice of law going on, both on behalf 13 of Jonathan O'Boyle and Denise DiMartini. I think that 14 there are really serious Bar issues as far as not having 15 engagement letters, and not providing closing 16 statements, and engaging in settlement negotiations 17 without the consent of the client, and demanding 18 settlement amounts that are beyond entitlements when I 19 think they're being presented as entitlements. I can 20 think of a whole bunch other issues to go after them on. 21 I just don't agree with the public records part of it. 22 Q. During your discussions with Mr. Sweetapple, did 23 he ever say to you that he felt Mr. O'Boyle was a 24 criminal? 25 A. I don't remember him using those words. No. ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 179 1 Q. Now, you said you had dealings with Mr. O'Hare? 2 A. Yes. 3 Q. What were your dealings with Mr. O'Hare? 4 A. I was contacted by his attorney, Lou Roeder, 5 sometime in -- this is way before I went to work for the 6 foundation. And Lou -- not Chris, Lou invited me down 7 to meet with them in Delray, I think is where Chris's 8 business is. I'd never met Chris. I'm not sure I even 9 talked to him before that. I may have, but I don't 10 think I did. And Lou, as an attorney, asked me -- hired 11 me to come in and talk to him about open government 12 issues, which is something I do frequently with all 13 sorts of attorneys. 14 Chris sat in on that discussion, and it was 15 nothing more than a Public Records 101, these have been 16 my experiences. And speaking to Lou -- and Lou is the 17 person who paid me. Chris did not pay me anything, and 18 they covered my expenses coming down there and paid me a 19 little bit for my time. I just basically gave them a 20 private Public Records 101 seminar, is what it amounted 21 to. 22 Q. Do you recall when this was? 23 A. I don't. It would have been after I met Marty 24 for the first time, which would have been early 2013, 25 and before I went to work for CAFI in early 2014, so mid ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE to late 2013, I would guess. February 24, 2016 180 Q. Do you know how Mr. Roeder got your information or knew to contact you? A. My understanding is that he was referred to me, I guess, by Marty or Jonathan. I don't know. I may have known at one point. I don't recall. Q. So Chris could have been referred to you by Marty? A. I wouldn't say Chris was. I would say Lou was. I was very clear in my communications with Lou about this, that I was being retained by Lou. I'm not an attorney. And I'm very, very circumspect about the UPL issue. I make it very, very clear when lay people ask me questions, my response is, "I'm not an attorney. I can't give you legal advice. I can tell you what I would do if I was similarly situated, but I can't give you legal advice." I was very clear that if you are paying me to come in -- this is exactly what happened when I was hired by Bill Ring to come down and talk to him and his then paralegal, Ryan Witmer, about open government issues. I was giving my perspective to attorneys, which that, I can do. I can't do that with non -attorneys. Q. And prior to meeting Marty O'Boyle or Chris O'Hare, had you ever filed a public records request to ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE the Town of Gulf Stream? February 24, 2016 181 A. Well, as I mentioned earlier, there are 412 municipalities, or at least 412 members of the Florida League of Cities, and I have probably made at least one public records request to all of those. Many of them I would have made many public records requests to, for various reasons, various times, just like I have made public records requests to virtually every state agency and every local agency in Florida. I'm sure there are some I haven't gotten to yet, but I will get there eventually. So I may have. I don't really remember. Q. Do you recall when in 2013 you met with Chris O'Hare, like what month? A. No. Like I said, I'm guessing it would have been mid to late 2013, but I don't really know. If you haven't figured it out yet, I love to talk about open government issues, and I have at least one or two opinions on the issue. So somebody who is willing to actually buy my lunch and pay me a little bit of money to come and talk to them, sign me up. I will do that all day long. We had a really -- it was a really, really nice visit, and we really clicked, and they seemed genuinely -- both Lou and Chris seemed genuinely interested in open government issues. It was fun. For me, that's a good time. C)ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 182 Q. Do recall filing five public records requests to the Town of Gulf Stream in September of 2013? A. No. I don't specifically. That wouldn't surprise me if I did. I would be surprised -- like I said, I would be shocked if you could find a municipality in Florida that I have not made a public records request to. If you do, please let me know, so I can catch up with them. Q. Are you aware as to the number of public records requests Mr. O'Hare has made to the Town of Gulf Stream? A. No. I don't know the number. Q. Would you be surprised if it was well over 2,000? A. No. I don't think I would be surprised. Q. When was the last time you spoke with Mr. O'Hare? A. Last night. Q. What did you guys discuss? A. He -- it was the first time I talked to Chris in a long time. He was asking me my opinion about the legislative stuff that is going on, specifically, the -- everybody gets focused -- I can't remember the bill number, but the one about the fee thing. That's what everybody is all worked up about, which by the way, is not going to fix the problem. But I keep offering to share that with whoever wants to listen. I can tell them how to fix the problem, but nobody has bothered to ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 M 13 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 183 give me a call, except Chris did. We chatted about that. I asked him if he was coming up for the deposition. He said he thought he was, and that Lou would probably come up, and I hadn't seen either one of them in a long time, and I consider both of them to be friends. I told him I looked forward to seeing him. I'm sorry he didn't make it. Q. Your first dealing with Chris O'Hare was in 2013 after Mr. Roeder met with you? A. As I recall, we met together. It was all three of us. Chris was in and out. He's a -- Chris is a working man. He's a man's man. He would come in all covered in dust. In fact, the first time I laid eyes on Chris he was operating a forklift. Q. Do you recall receiving a subpoena to appear here today? A. Was it a subpoena or just a notice? I got something. I know I'm supposed to be here. Q. The subpoena was served back in -- it was originally for deposition in June of 2015. A. I don't know. I have a lot of litigation going on. It's hard to keep track of it all. MR. GOLDSTEIN: I will show you what we will mark as Exhibit 6. (Defendant's Exhibit No. 6 was marked for C)ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 184 identification.) BY MR. GOLDSTEIN: Q. It's actually a composite exhibit, subpoena, Exhibit A to the subpoena, and re -notice -- should be re -notice of deposition for today. A. Okay. I'm here, so apparently I got it. Q. It requested that you produce documents. Did you bring any documents with you here today? A. No. Q. Is there a reason -- A. I have already objected to them. I sent you an e-mail about this. Q. And your objection is based upon what? A. I don't remember the e-mail exactly that I sent you. One is most of it is duplicative. As I have mentioned to you in the e-mail, and as Dan DeSouza well knows, I get a little touchy about this issue. I have very limited resources. And you guys, you, and Dan, and Marty, keep asking me to produce the same fucking documents over and over again. It takes -- you have no idea how long it takes to copy like 1.2 terabytes of data using USB3 connections. Right. And I am not about to go out and buy a thunderbolt connection to satisfy you guys' sick perversion for wanting the same shit over and over again. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 185 1 If we were to count the actual files that you 2 asked for, the documents, I suspect that 99.9 percent of 3 what you've asked for, I've already given to Bob, and I 4 already gave to Dan, and when Marty asked for it and 5 thought I was going to show up with a fucking dump truck 6 full of hard copies, I brought it on a hard drive, and 7 he wouldn't take it. 8 I keep giving you the same stuff over and over 9 again. I'm not even a party to the litigation. So 10 there is no way in hell the judge is going to tell me 11 that I've got to do that shit. So that's one. It's 12 duplicative. It's enormously burdensome. I have very 13 limited resources. I'm not going to go spend my money 14 to buy a hard drive to satisfy some attorney's 15 perversion for getting more crap they've already got. 16 Q. You're assuming I have it. 17 A. Your client does. And I know that's the same 18 shit that Dan and Marty pulled. Well, Marty, I don't 19 have it. Dan's got it. But you guys probably came in 20 the same car, just like Dan and Marty flew up in the 21 same fucking plane. And everybody's like, "I don't have 22 it. He's got it." 23 Here's the thing. We all know -- let's put our 24 cards on the table. We all know -- I am an open book. 25 I've got nothing to hide. And the reason I have no ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 186 1 trouble with this instant recall with all these dates 2 and stuff is because I'm telling the truth. I don't 3 have to remember where I hid the truth because I didn't 4 hide it. And I am more than happy to be cooperative 5 with whoever it is. I'm in a deposition. I'm going to 6 tell the truth. I think that everybody -- to be really 7 blunt here, I think everybody in the room here is fucked 8 up except for the court reporter, me, and Lou Roeder. I 9 like Bob. Bob and I have gotten along very well. The 10 only wrinkle that's ever come in my relationship with 11 Bob is that fucked up shit you sent me demanding all of 12 those documents, because I have already given them to 13 Bob. 14 Let me finish. You asked the question. I'm 15 going to finish. I don't believe for one second that a 16 judge is going to tell me that I have got to produce the 17 same documents again at my expense, using enormous 18 amounts of my time, and tying up the only computer I 19 have, the only way I have to make a living, for 20 something you guys already have. I just don't believe 21 he's going to make me do that. If you don't agree with 22 that, then let's go to the judge and have him get an 23 order to compel, and I will be more than happy to 24 respond to it. 25 Let me finish. We agreed you will let me finish. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 2 3 4 5 6 7 8 0 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 187 The other stuff that you have asked for, the only communications that I recall having with Dan DeSouza about anything are scheduling issues. The only -- they have nothing to do with any of this. There's nothing useful there whatsoever, scheduling stuff. If I got any e-mails from Mitch Berger, which you guys put in there twice -- and by the way, you didn't ask for Dan DeSouza. You asked for Danielle DeSouza, and I don't know a Danielle DeSouza. Unless Dan's got a really ugly sister, I don't know a Danielle DeSouza. MR. DESOUZA: I only go by "Daniel" on Tuesday nights. THE WITNESS: I advocate for those folks, too, so we are in good shape. The -- I don't know that I got any communications from Mitch Berger. I did get some from whoever his sidekick was, who you didn't name in the duces tecum. But again, it would have been purely scheduling stuff. There is nothing meaningful there. The communications that I had -- I did have some communications with Mark Hanna because Mark Hanna and I actually had some discussions, which are my attorney-client privilege, because he and I were discussing some cases I was contemplating having him do. You're not getting those ever. C)ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 188 1 I have had some conversations with Lou Roeder 2 that I am asserting my attorney-client privilege, 3 because he and I have had some conversations about 4 doing some work together. 5 I do think that -- I can't assert Chris O'Hare's 6 privilege for him, but I think that much of the 7 communications that I've had with Lou Roeder are 8 attorney-client privilege. And the communications I 9 have had with Chris O'Hare have been like he sent me 10 an e-mail about his divorce. Well, you know what? 11 Fuck you. I'm not giving it to you. And if you want 12 to go in front of a judge over that issue, let's go. 13 As I said to you in my e-mail, I have been 14 extraordinarily cooperative with you, just like I was 15 cooperative with Bob giving the sworn testimony, just 16 like I have been cooperative with Dan DeSouza. I am 17 willing to be cooperative. But if I get even so much 18 as a whiff of somebody bullying me or asking for shit 19 they're not entitled to, fuck you. It's not going to 20 happen. So that's why I didn't bring them. 21 If you want to go to a judge, and you want to 22 discuss this with the judge, we can do that. If you 23 want to ask me for something, if there is something 24 specific you are looking for, just ask me and I will 25 be happy to find it for you. But that's very ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 189 1 different than you better bring it, or else, and we're 2 going to ask you to bring a dump truck full of crap 3 that's going to take you literally days. I will be 4 tying up my only source of income dicking around with 5 the stuff that you guys already have. I'm not going 6 to do that. I would much rather spend my time driving 7 my happy ass down to South Florida and going in front 8 of a judge. 9 BY MR. GOLDSTEIN: 10 Q. So if I provided you with a hard drive, you 11 wouldn't -- 12 A. Did you do that? 13 Q. I'm asking you now. If I sent you a hard 14 drive -- 15 A. Fuck no. I just said, the only computer that I 16 have access to is this one, which is not even mine. I 17 don't even own it. And the only -- I do what I do by 18 writing, and this is it. So no. I'm not going to do 19 that. You want to get access to another computer? 20 Fine. Because that's the problem. I've got one hard 21 drive over here. 22 MR. SWEETAPPLE: We will work with you. It's not 23 going to be adversarial. 24 BY MR. GOLDSTEIN: 25 Q. I'm not trying to be adversarial. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 190 1 A. Hold on a second. You and I are going to get 2 along just fine. Okay. We are good. But -- which is 3 why I sent you that e-mail. And I really thought about 4 that e-mail first. I thought about calling Bob and 5 saying hey, look, ask and I'm happy to -- if you are 6 looking for something, if you want to burn Marty 7 O'Boyle's ass to the ground, and you need help finding a 8 document to do it, just ask me. I will try to help you. 9 No problem there. 10 But when you start -- you say we're not trying be 11 adversarial. What the fuck do you think a subpoena is, 12 dude? It's a fucking adversarial instrument. 13 MR. SWEETAPPLE: It's a matter of course. 14 A. Let me finish. I'm not done yet. I will tell 15 you when I'm done. When you send me a subpoena telling 16 me that I've got to give you something, that is 17 adversarial. If you had called me up -- if you had 18 called me up and said hey, we are looking for this. Do 19 you think you could put your hands on it? Yes, okay, 20 sure. No problem. See the difference? 21 BY MR. GOLDSTEIN: 22 Q. I understand the difference. 23 A. I'm done now. 24 Q. All right. You also have to understand there is 25 a matter of course and chain of custody and process in ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 191 which I have to be able to acquire things to show I got them from you. A. We could have done that without a subpoena. Q. We will work with you. A. Work with me. I'm happy to do it. MR. GOLDSTEIN: I don't think I have anything further. I just need five minutes to talk with my client to make sure, and I think I should be done. (Recess from 4:40 p.m. to 4:50 p.m.) MR. GOLDSTEIN: I have nothing further. (End of Volume 1 of 2.) (Deposition continues in Volume 2.) ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE 192 1 1 DEPOSITION ERRATA SHEET 2 3 4 Our Assignment No. 118775 5 Case Caption: O'Boyle vs. Sweetapple 6 7 8 DECLARATION UNDER PENALTY OF PERJURY 9 I declare under penalty of perjury that I have 10 read the entire transcript of my Deposition taken in 11 the captioned matter or the same has been read to me, 12 and the same is true and accurate, save and except for 13 changes and/or corrections, if any, as indicated by me 14 on the DEPOSITION ERRATA SHEET hereof, with the 15 understanding that I offer these changes as if still 16 under oath. 17 18 19 20 21 22 23 24 25 Signed on the day of JOEL CHANDLER 20 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 193 ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. corn DEPOSITION ERRATA SHEET Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: SIGNATURE: DATE: JOEL CHANDLER ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. corn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 194 O ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com DEPOSITION ERRATA SHEET Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: Page No. Line No. Change to: Reason for change: SIGNATURE: DATE: JOEL CHANDLER O ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE CERTIFICATE OF REPORTER STATE OF FLORIDA ) COUNTY OF HILLSBOROUGH) February 24, 2016 195 I, Megan M. Soria, certify that I was authorized to and did stenographically report the deposition; that a review of the transcript was requested; and that the foregoing pages are a true and complete record of my stenographic notes taken during said deposition. I further certify that I am not a relative, employee, attorney, or counsel of any of the parties, nor am I a relative or employee of any of the parties' attorneys or counsel connected with the action, nor am I financially interested in the action. Dated this 9th day of March, 2016. Megan M. Soria ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE $1,000 128:22 140:6 $1,200 87:20 121:20 $1,500 131:21 $12,000 23:14 $120,000 118 :2 0 $2,000 41:3 128:11,22 131:20 $2,500 9:1 129:6 153:7 $20,000 41:4,12 $25 31:13 129:1 $25,000 60:13 $250 129:2,7 131:22 $3,000 128:20 $4,000 23:13,15 128:20 131:10,25 $400 68:8 $5,000 128:10,21 153:6,11 $50 22:24 $50,000 16:4 20:22 59:16 60:12 $500 128:19 131:5 $500,000 124:16 $60,000 69:2 128:25 $75,000 66:4 1 1 49:5,6,8 50:16 62:4 108:23 109:4 191:11 1,200 68:18 1.2 184:21 10 11:16 54:17 61:25 86:5,19 128:18 100 41:17 68:13,15 72:15,24 74:22 135:5 136:5 101 140:22 179:15,20 11 21:19 101:9,17, 20 119.12 59:23 11:51 54:18 12 138:18 120 69:16 12:53 54:18 13 135:17,20 138:19,20 158:20,24 1355 6:5 14 32:22 100:13 135:17,20 138:20 15 32:22 42:3 131:13 18 111:24 18 -year-old 4 7: 7 193 174:22 1960 3 7: 3 let 41:16 2 2 21:19 53:12 62:3 82:16,17, 19 83:7 101:23 191:11,12 2,000 68:19 182:12 2.75 170:2 20 21:18 73:3 131:13 2004 7:3 49:6 132:23 159:6 175:12, 18,24 2007 12:16 15:10 2 0: 25 2 1: 16 2008 15:12 21:1,3 23:10,24 February 24, 2016 Index: $1,000..2016 2013 25:22 26:16,17 29:25 30:4 31:25 32:20 38:17 42:13 43:1 47:23 48:16 71:7 179:24 180:1 181:12,15 182:2 183:8 2014 7:5 48:12,17, 19 49:24 50:18 56:5 61:21 63:21 83:11 101:14, 16,18 102:22 103:17 109:6 110:22 111:6 138:15 175:3,8 179:25 2015 41:16 164:18 175:24 183 :2 0 2016 164:19 ESQUIRoE 800.211.DEPO (33 76) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 22nd 2:13 48:25 100:23 49:2,3 62:25 63:18,19 3 69:10 77:10 3 79:10 100:15,16 84:2 101:1,24 23rd 3,000 63:18 68:19 175:3,8 74:23 25 30 21:25 20:10 135:4 53:3 158:1 72:18 73:1 250 77:16,24 128:18 78.12 26 300 110:22,23 21:10,12 27 30th 101:14,17 129:25 27th 133:21 77:3 138:16 78:21 155:1 79:9 33803 80:12 6:5 83:11,23 84:3 350 90:23 21:15 94:5 3:09 136:9 138:13 28 3:21 103:17 138:13 110:22 287.058 4 53:8 2:00 4 91:21 50:18 92:4 166:11,12 2:05 400 100:23 21:11 136:14 143:18 412 30:6 181:2,3 4:40 191:9 4:50 191:9 4th 48:17 109:5 5 5 54:16 62:1 108:23 109:4 174:11, 12,15 50 45:20 53:1,12 60:14 74:2 50 - something 160:13 500 68:9 136:15 143:19 501C3 96:7 503 96:24 5:00 45:10 5:30 95:17 5th 109:19 February 24, 2016 Index: 22nd..absence 164:18 80 19:22 20:24 88 106:18 89 6 106:18 183:24,25 60 52:23 138:6 600 31:14 64,000 167:24 6:00 45:10 95:17 6:15 45:16 6th 108:24 109:5 7 7 159:1 165:13 75 60:15 75,000 68:22 8 21:20 12 9: 4 p 9 11:16 21:20 101:24 102:1,22 103:13 90 19:22 20:24 96 100:13 99.6 19:25 99.9 135:25 185:2 A a.m. 54:18 ability 86:25 111:14 133:6 Abrahams 25:1 absence 99:7 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE absolute 103:1 absolutely 38:14 104:10 113:15 131:1 absurd 125:6 abuse 76:12 124:12 abused 22:13 44:12 abuses 22:12 112:16 access 9:4 10:19,21, 24 12:13 13:7 14:12 16:6 19:4 20:2,16 22:17 23:11,20, 22 24:1, 3,7 28:12 34:8,12, 18 36:4 37:20 42:11 46:19 47:9 57:4 58:3 75:22 76:1 95:4 111:15 115:24 116:2 125:1 176:13 189:16,19 accesses 76:1 accommodati on 150:25 accomplishe d 96:4 account 22:8 124:18 accountabil ity 76:12 accounting 24:19 76:16 accounts 22:2,4 accrued 152:24 accurate 50:23 103:9,14 175:4,9 accurately 83:7 accustomed 152:18 acknowledge 123:18 153:12 acknowledgm ant 137:13 ACLU 9:16 34:15 acquaintanc es 130:13 acquire 191:1 acquitted 46:22 47:4 act 15:1 18:16 52:20 53:8 71:20 86:16 94:14 126:24 172:25 acting 115:5 action 20:4 99:25 115:25 123:15 161:5 178:7 actions 127:11 176:19 178:8 activism 37:12 116:24 activist 8:7 9:25 10:2,7,8 86:2 111:10 136:24 activists 12:3 37:7,8,9 February 24, 2016 Index: absolute..advocacy 140:18 activity 178:4 acts 176:23 actual 34:23 44:21 185:1 ad 33:1 adamant 113:4 addicts 131:24 addition 5:19 11:14 12:1 20:13 112:3 116:5,19 158:7 177:14 additional 43:22 address 6:4 41:1 90:2,10, 11,12,13 addressed 5:8 addresses 41:15 adjudicated 20:1 admit 126:4 162:6 163:1 171:13 admitted 65:1 131:3 adoption 106:3,4, 8,22 advantage 43:10 55:23 advantages 56:22 57:20 adversarial 28:18 72:8 79:21 99:2 189:23,25 190:11, 12,17 advice 45:24 46:11 97:3,21 125:25 162:4 180:15,17 advise 97:13 advised 172:22 advising 105:2 advocacy 26:6 27:22 28:13 56:23 66:7,13, 15 67:5 68:4 70:3 88:9 107:5 r ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 110:5 123:21 134:7 advocate 11:22 17:13 111:11 119:12 148:21 167:13 advocates 34:16 advocating 38:23 affairs 46:25 affidavit 100:19 101:4,5, 13,15,16, 20 102:1, 4,8,10, 16,20,21 103:8,9, 13 affiliation 118:2 affirm 4:5 127:5 affirmed 4:12 African- american 9:19 11:9 45:6,22 130:5 African - americans 45:9 afternoon 69:14 agencies 11:15,16, 19 12:5 13:12,17 20:14 23:19 28:16 36:2 53:5 60:1 72:17 111:17,19 147:9,11 agency 20:3 30:9 70:1,7 118:1 125:23 162:23 181:8,9 agenda 26:24 45:18 aggravated 122:12 agonized 135:14 agonizingly 151:17 agree 34:20 35:1 36:6 64:14 75:17 102:19 127:10,21 135:18 148:22 152:20 172:16 176:17 178:21 186:21 agreeable 70:14 agreed 20:3 69:17 74:14 85:4 93:21 115:18 124:21 174:1 186:25 agreement 74:10 75:21 93:4,18 136:20 146:19 agreements 75:18 125:15 151:12 ahead 61:3 84:7 92:22 Airport 26:10 albatross 169:2 aligned 88:9,11, 25 alledgedly 123:11 allegations 92:14 160:12,13 alleged 92:8 159:2 allegedly 106:14 164:4 February 24, 2016 Index: advocate..appealed alleging 114:8 allowed 7:24 105:10 112:24 151:25 allowing 36:14 alternative 161:15 177:14 amazing 32:7 40:18 ambivalent 82:5 amendment 12:10 13:2 25:25 111:23 139:15 140:1 141:5,16, 21 170:2 American 8:21 amicably 87:17 amorphous 77:10 amount 36:20 41:22 60:6,13 172:2 amounted 179:20 amounts 114:23 150:18 152:14,22 178:18 186:18 Ana 107:10,14 138:24 ancillary 153:15 Anderson 107:10 138:24 Angel 84:12,19 animals 34:17 animated 118:4 animosity 172:2 answers 5:16 132:4 anticipated 133:25 anymore 14:19 51:15,23 ape 118:6 123:8 API 23:3,7,20 apparently 18:24 27:19 184:6 appeal 176:5,9 appealed C)ESQUIRE 800.211.DEPO (3376) 11 iEsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: appearance..attorney-client 176:6,9 71:17 164:1 5:10 46:13 appearance 92:15 asserting 78:11 51:20 80:2,3 133:3 99.10 90:1 57:10 96:15 Aronberg 188:2 assumed 58:3,11 103:4 43:3,18, 82:2 59:24 assertion 60:9,10 146:4 24 44:15 132:16,18 assuming 88:2,20, appears Aronburg assertions 185:16 23 89:10 49:5 34:1 148:20 assumptions 96:5 101:4,12 arrangement 149:1 148:19 97:13,21 174:24 93:25 98:5,6 appellate assessment assurance 102:24 arrangement 33:11,12 113:18 128:8,24 108:3 a 36:7 assurances 129:19 applauded 62:24 asshole 70:18 130:6 149:7 141:7 115:11 132:10 approach arrested assured 137:11,22 39:21 33:23 assign 15:8 138:1 126:1 86:25 Atheists 146:8,9 139:25 arrow assigned assigned 34:14 148:6,18, 148:25 146:24 23 149:14 Atlanta 173:4,10 arrows assigning 176:12 152:11 118:24 153:16,25 approached 119:16 86.19 attached 154:3 63:7 assist 83:6 159:8 articles approximate 12.24 139:8 attack 166:9 ly 13:9,16 assistance 37:17 170:25 21:12 44:1,4,14 8:11 171:5 attend 172:25 April 83:14 158:11 121:14 173:5 31:18,20 90:10 assistant 140:11 177:20 32:20 articulate 68:25 attendance 179:4,10 38:17 88:23 105:25 14:21 180:12,14 42:13 43:1 ass assisting attended attorney's 47:23 152:5 42:14 140:3,18, 14:3,5 48:15 189'7 associate 21 142:10 33:4,16 136:9 190:7 107:10 38:19 attention 47:20,22 archaic assert association 69:11 150:4 15:5 9:14,18 120:11,17 18 185:: 14 archives 64:21 92:2 10:15 attorney 22:19,22 12:23 attorney - 132:4,25 87:21 11:9 14:3 client area 188:5 4 16:3,8 98:25 10:13,16 asserted 22 122::17 18:3 31:3 99:10 33:5 34:2 135:10 argue 92:1 assume 39:1 150:8 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 187:23 188:2,8 attorneys 8:15 9:3 14:20 17:20,22, 24 18:1, 6,10 24:12 31:2 46:4 51:16,18, 25 57:24 59:24 60:5 73:15,18, 20,23 74:17 87:19 89:5 91:11 94:24 99:3 115:4,7, 13,16 129:22 130:10 131:7,16, 21 135:17,18 137:16,25 138:2 140:10, 19,25 146:9,10 148:14 152:8,24 153:6,7 158:8 162:20 170:10 179:13 180:22 audience 4 5: 8 authentic 168:12 authenticat e 49:14 62:8,14, 17 83:9 101:6 174:20 authenticit y 101:8 authority 117:15 authoriza.ti on 111:2 112:25 123:5,13 authorize 116:10 authorized 118:3 153:9 authorizing 113:9 Avenue 53:24 average 73:3 avoid 11:24,25 103:4 award 60:5 85:19 awards 60:19 140:2 aware 29:25 33:14 37:16 43:2 64:25 90:2 103:15 115:17 125:11 132:6 143:7 144:25 145:3 152:12 166:24 175:19,25 182:9 awareness 7:15 8:24 39:8,24 45:4 50:21 74:11 75:2,3 76:19 80:9 82:21 83:4 85:23 90:5,7,8, 13 111:18 116:8 157:2 158:10,12 awhile 76:3 ax 121:17 165:7 B back 7:5 12:16 15:15 17:5 February 24, 2016 Index: attorneys.. Barnes 23:11 25:6 32:3 38:16 41:2 43:6 48:3 59:23 64:2 65:17,21, 23 69:3 78:1,13, 24 80:5 84:10 85:8,17 86:5 90:19,20 91:11 92:19 93:18,24 98:14 108:5 118:18 125:10 127:11 131:18 133:17,23 138:25 155:16,25 158:23 161:11 162:25 163:6 164:25 177:5,10 183:19 background 44:25 backing 125:6 132:18 Backtrack 74:16 bad 15:8 61:12 110:13 115:15 171:24 173:6 baffled 173:21 bag 46:15 bags 92:25 balance 70:24 bandwidth 73:6 75:6,8 bankruptcy 158:24 159:6 164:1,3, 6,7,8,17 165:11,13 bar 18:24 31:4,5 43:10 52:10 55:24 65:4 87:25 115:14 126:9 150:3 171:7 178:14 Barbara 25:23 27:16 29:3 30:19 31:24 52:23 138:24 Barnes 105:15 O ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: Barrel..blood 106:2,4, batting 130:18 big 12:20 13,18,24 65:21 144:22 90:19 bit 107:13,21 152:14 91:8 Bay 6:11 9:7 110:15,17 153:23 119:1,4 107:18 17:6 39:4 111:3 154:9 120:8 Beach 166:19 47:25 Barrel biggest 48:8 26:8,9 177:17 32'9 119:9 65:19 30:25 178:12 Bartow 85:25 bill 95:9 98:1 behave 157:19 13:11 90:10 31:2,15, 11:23 179:19 36:1 133:20 16 38:16 141:14 behest 42:21 181:19 based 104:24 79:16 black 7:12 beat 42:11 155:3 behold 80:6,25 37:2 60:24 17:16 81:22 67:12 beauty 82:1 107:20 61:16 120:15 36:14 87:11 119:12 62:14 92:14 beef beholder 88:2 89:8 121:8,13 99:16 100:5 39:19 104:22 131:23 113:23 152:19 42:12 105:12 172:14 173:16 bees belief 108:4,18 blackjack 184:13 176:8 118: 7 17:6 58:19 119:4,5 basically beg believes 145:12 blanche 9:1 14:7 124:5 175:25 153:4 70:11 22:4 24:8 belonged g 155:8 blanked 55:15 began 155:4,5 156:2 96:19 106:5 24:4 180:20 112:7 78:22 benefactor 182:20 blessing 130:17 begging g4:14 28'1 50:7 132:8 29:16 Bill's 16 16 117:17 87:10 blew 149:21 begin 89:13 110:15 163:20 benefit 130:17 168:25 123:17 87:5 billable 179:19 151:2 104:24 58:11 blind basis beginning benefitted billables 40:7 33:15 96:18 136:25 128:10 block 45:5 100:13 129:13,14 42:11 59:22 124:15 benign 142:16 blocking 93:25 behalf 34:24 billing 39:14 96:25 23:20 Berger 97:4 59:21 166:25 128:16 blog 129:1,7 112:11 160:12 105:15 167:3,5 161:9 116:7 168:6 bills 130:22 battery 117:12,22 169:5 73:8 blood 122:12 123:12 187:6,16 birthday 120:1 ESQUIRE 800.211.DEPO (3376) I 1.EsquireSol utions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: blow..button 122:2 163:12,14 bow 135:5 123:22 172:9,16 158:5 156:18,22 132:24 blow 137:3 173:4 boxed 184:8 bullying 185:3 188:20 155:6 188:18 blown 186:9,11, 189:1,2 16:12 13 188:15 boxes bunch broadcast blue 190:4 111:24 31:19 45:14 33:3 40:3 98:8 Bob's boy Broadly 41:13 blunt 173:14 47:7 10:10 59:2,14 118:8 bonnets breach 69:24 broke 154:15 58;19 158:13 94:19 66:16,18 186:7 book Bread 133:22 106:16 blurring 105:15, 63:2 162:6 116:25 116:21 17,19 122:4 break brother 129:5,20 board 106:7 5:25 6:1 45:14,15, 130:13 13:19,20 117:7 16:17 17 107:3, 136:17 14:7 119:15 18:21,25 11 139:1 17:1,4, 185:24 54:17 130:15,24 176:7,20 20,22,24 booked 100:22 18:9 21:2 143:3,5,8 138:11 brothers rs05:20 burdensome 70:21 174:7 185:12 books 79:19,23 brought burn 105:18 breakfast 80:1,16, 92:24 190:6 106:6 26:4 19,22 150:14 29:12 burnish 81:18 bother 185:6 82:11 92:19 breaking 107:24 brutally 83:8 94:3 39:13 bun bothered 118:8 104:7,14, 41:7 42:2 37:1 21:13 15,16,18, 182:25 Brenda bucks business 20 108:10 81:1,21 31:14 15:9 111:2 bottleneck 68:9 82.4 22;5,6,7 133:25 113:13 83:14,19 111:24 23:6,23 147:8 Boucher 93:23 buddies 68:3 89:4 171:6 86:1 104:15,20 70:9 90:11 Board's 112:4 155:17 budget 141:24 18:14 bought briefly 67:11,16 179:8 boards 17:2 25:4 68:22 businesses 83:12 29:12 156:7 76:11 95:14 Bob 111:21, bright build busy 24,25118:13 7:4 96:3 65:5 116:23 64:4 97:14 141:19 88.23 bullshit button 102:24 174:4 bring 100:2 158:5,6 131:18 29:7 75:8 121:15 161:19,20 ESQUIRE 800.211.DEP0 (3376) 5 0 L U i 1 0 M 5 Esquire Solutions.com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE Index: buy..cases buy 135:8 183:1 carbon- carte 124:18 137:1 copied 70:11 call-in 168:14,15 138:15 103:25 45:12 cartoon 181:19 143:19,25 card 171:25 184:23 144:3,4,9 called 185:14 145:11 9:13 16:24 case 76:2,3,4 146:21 45:15 31:7 byproduct 143:12 147:22 48:5 61:6,16, 68:5 155:9,10 150:15 54:15 17,24 152:14 55:5,6 cards 68:10 C 154:20 63:2 85:9 90:12 71:18 159:2,3 129:21 185:24 73:11 cabal 160:10,24 130:4 care 74:14 173:18 161:5,13, 176:7 33:18 82:3 88:3 24 164:6, 190:17,18 34:3,5 98:6 CAFI 11 165:21 calling 35:25 105:14 50:22 166:1,15, 45:12 37:15 106:11, 76:20,22 19 167:14 19,22 190:4 44:24 77.2 170:11 47:15,19 107:15, 78:16,19 176:20,21 calla 19,22,25 61:6,7,9 79:3 177:6,11 77'5 110:16,17 80:19,23 179:25111:2,4 camel s 66:16 69:20,21, 83:21 CABINS 133:22 22,23 114:15,21 90:8,21, 115:2,23 2 2 91: 4 108:3 campaign P 9'n 70:8 116.3 93:4 94:2 169:2 17:3 119:10 126:10,25 97:2,5,6, calculation 44:17 122:4 128:19 10,12,16, 19:25 125:1 2 , 129:6 campus 164:16 19 98:6 calendar 105:17 172:16 150:21 102:5,12 83:25 106:2 154:1,3,6 103:1,3 career 161:10 104:4,5, call candid 34:5 166:20 11 111:2, 12:18 33:11 89:13 175:25 9 113:2 14:7 capacity 136:24 116:9,12, 25:23147:7 59:20 cases 13,15 39:16 73:6 19:12 Carney 20:11 117:12, 43:3 104:21 25:3 21:12 16,21,22 54:13,20 118:1,2 55:4 car Carolina 24:22,23, 120:5,20 76:20 65:16,17 37:3 25 25:2, 123:5 126:2 66:5 3,4,8,11, 126:18 131:15 118:12, carrier 16 33:10 128:15 136:9 13,15,16 152:15 52:6 155:2,3 154:12 53:20 130:18 154:2 132:7,8, 155:19,20 158:17 carriers 54:22 10,16,17 156:1 185:20 152:22 59:20 134:4,17 163:25 61:13 00 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 68:11 71:13,19 72:2,4 74:2,8, 12,22 86:24 87:3 91:11 108:6,8, 13 109:11,25 113:12, 20,23 114:16,17 115:19, 20,21,22 126:13 129:2,8 135:8,9 136:12, 15,17 142:17 143:19 146:15, 22,25 147:17, 20,21 148:3,22 151:8 161:25 162:1 169:1,16 187:24 cash 76:2 151:20 catalog 22:16 catch 175:21 182:8 Cathy 85:18 90:24 112:5,23 113:21 cattle 154:2 caused 110:3 176:21 CD 22:24 CDS 22:24 cent 115:21 center 23:21 certainty 57:21,22 61:23 73:9 168:4 certified 72:23 86:14 100:14 certify 100:12 certitude 64:22 cetera 14:16 57:15 56:12 chain 190:25 challenge 148:19 challenging 149:1 chance 74:7 155:22 Chandler 4:11,16 5:7 27:5 50:18,19 91:21 92:19 97:1,23 98:11,16 100:20 101:5 109:10,11 111:1 160:16 166:16 167:11 174:16 change 134:1 165:7 175:7 changed 25:5 85:9 166:3,6 changing 93:20 Chantler 45:14,15, 17 Chapter 158:20,24 159:1 165:13 character 46:17 172:1 characteriz e 96:1 charge 22:23 57:13 130:23 February 24, 2016 Index: cash..circumspect charged 23:8 44:6 47:7 charges 143:12 charity 170:1 charming 67:7 159:22 chartered 141:12 chatted 48:7 65:18 168:14 183:2 cheap 39:9 cheaper 118:14 check 59:16 73:10 115:23 143:13,14 checkbook 70:24 checked 84:11 118:16 checks 16:5 76:1 144:10 chicken 63:11 chief 111:9 child 46:1,14 children 39:10 choice 170:1 174:22 choices 57:14 173:22 choose 98:4 chooses 98:18 Chris 173:15, 17,19,20 179:6,8, 14,17 180:7,9, 24 181:12,23 182:17 183:1,8, 11,14 188:5,9 Chris's 179:7 Christmas 66:6 church 45:16,19 churches 11:9 67:13 121:13 churn 128:25 circles 130:14 Circuit 176:12 circumspect O ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: circumstance -collective 180:12 city claims clerk clogged circumstanc 29:23 92:1 19:20 128:6 40:15,25 160:13 143:13 e close 74:4 41:1,3, 161:4 clicked 85:7 14,15 164:2 circumatanc 84:21 165:19 26:11 105:22 88:8 149:13 as 86:7 Clara 147:3 44:22 closed civil 107:10,14 181:22 47:18 45:13 8:7,10,19 138:24 citation 9:4,11, client closer 54:3 107:21classes 15,25 6:11 106:1 58:15,21 citations 10:1,6,7 59:4,18 53:1,12 15:21,23 11:10 Clayton 87:16 closing 19:13 27:23 45:7 88:4 125:13 cities 34:4 clean 92:1,18 129:16 37:12,18 164:17 115:7,13 152:16 72.17 43:13,14 111:19 45:13 clear 135:9 178:15 123:2348 :3 26:19 137:22 clouds 124:24 55:25 29:11 138: 1 57:18 125:656:3 44:21 149:1 162:9 66:19 61:15 150: 9 Club 181:4 67:14 66:14 151:7 140:2 citizens 73:16 71:12 153:9 clue 86:2 76:17 154:17 23:11 7:15 8:23 159:10 28:11 88:10,25 81:25 167:20 cocaine 39:24 91:15 87:22 171:15 46:15 45:4 99.14 50:20 111:100 111:10,13 102:21 172:5 code 117: 108:1 178:17 22:15 57:3 116:3 185:17 95:4 74:11 121:77,, 10 191:8 75;2 125:1 120:3 coffee 76:19 136:24 124:12 clients 26:4 80:9 140:18 125:8 21:24 29:13 82:21 claim 126:9,25 59:2 95:17,19 83:4 133:24 135:9 159:25 91:25 134:2,16 85:23 92:14 135:11 climb COINTELPRO 90:5,7,12 161:17 168:20 121:14 136:7 91:15 164:2,4, 137:13 clinical Cole 111:13,18 5,6 116:8 156:23 126:1 4:17 136:25 claimed 162:13 148:24 colleague 157:2 143:11 169:18 Clinton 26:1 158:10, 161:16 178:10 153:5 180:10, collective 12,21 claiming 154:4 163:5 159:3.4 13,18 73:20 ESQUIRE11 800.211.DEPO (3376) Esquire Solutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE college 105:15 106:7 commenting 64:3 Commerce 30:21 89:9,11, 21 90:1, 14 116:6, 17 120:7 Commercial 22:15 commerciall y 142:12 commissions rs 40:16 41:1,4, 14,16 commitment 67:3 committed 161:13 committing 117:25 common 23:18 46:5 71:20 130:13 communicate d 27:17 29:3 47:25 87:2 communicati ons 17:19 62:9 132:7,10 151:25 153:2,22 154:21,24 180:10 187:2,15, 20,21 188:7,8 companies 16:24,25 company 23:3,4 30:22 comparing 101:6 comparison 27:11 49:19 73:23 compel 186:23 compensable 60:11 162:18 compensated 8:17 9:8, 16 28:9 compensatio n 9:21 29:14 51:21 52:6 competence 89:18 competitor 106:1,3 competitors 22:4 competitors 9 22:2 complaint 131:14 160:14 166:15,16 173:17 complaints 113:12,14 114:2 139:11 144:16,22 173:11 completely 74:13 89:21 96:8 109:17 119:24 173:15 complex 25:13 compliance 53:11 58:25 124:2 compliment 79:11 comply 130:24 complying 163:6,8 composite 82:16,19 83:6 184:3 compound 139:12 compromise 93:16 computer 186:18 February 24, 2016 Index: college -confirmed 189:15,19 concentrate 146:20 concentrati ng 53:6 94:11,21 concept 14:11 conception 58:10 concern 71:6 147:9 concerned 12:5 70:15 71:1 75:6 81:16 89:1 114:11 116:21 126:12 147:5,6 158:22 concerns 71:24 87:16 88:18 145:10, 11,15,19 146:1,3, 11 147:15 conclusion 150:14 conclusions 123:3 concrete 68:22 77:12 169:4 condescendi ng 36:22 118:19 condition 35:11 72:14 73:25 74:3,15 conditions 39:25 69:19 72:12 115:17 153:10 conduct 11:13 conference 31:22 154:1,7 156:1 confidence 62:18 148:16 confident 15:14 26:23 38:10 53:13 61:6,11 62:22 113:22 124:24 161:9 172:10 confidentia 1 41:11,23 42:8 confirm 133:16 confirmed 133:19 ESQUIRE800.211. Esquire oEPons.com) JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE Index: confirming -convinced confirming constitutio contacts 40:22 163:18 91:17 nally 51:19 53:11 conversatio confiscator 39:16 contemplati 93:12,14 n y consult ng 126:23 26:11,22 23:21 20:15 33:6 130:3 36:19 106:14 28:20 187:24 158:13 51:8,14 156:11 31:1 contracted 53:23,,25 contemporan conformity consultativ eously 8:9,13,24 54:5,11 126:17 a 7:19,23 contractor 55:3,22 53:16 77:6 22:14 56:1,4 conforms 61:19 83:13 consulted contending126:23 66:1 69:3 connection 80:7 117:24 contractors 79:15 81:19 consulting contention 53:6 93:10 184:23 8:15 9:3 104:9,10 contracts 96:1,2,6 21:22 53:7 97:23 connections context 102:9,23 184:22 23:6,23 36:4 contributio 103:21 24:B connotation 60:25 37:13 n 107:9 157:13 61:4 64:19 44:17 130:11 94:15 170:1 133:15 consent 115:4 118:11 control 163:16 148:2 contact 151:3 57:12 168:19 1 28:23 contingency 91:22 coaversatio considerati 29:6,7 59:9,21 98:16 35:8 89:2 ns on 60:21 113:18 40:16 36:15 99:5 73:8,11 117:15, 51:11,25 consistent 149:14 161:20 126:10 16,21 52:3 34:4 180:3 153:17,18 161:13 61:21 conspiracy continue 177:5 72:7 77:6 contacted 66:17 controlled 88:24 18:1 8:15 69:6,7 58:22 93:8 94:6 constantly 20:14 104:9 104:5,11, 95:19,22, 71:17 23:7 26:1 108:12 13 23 96:13 coneternati 28:5,11, 15,19 109:15 controlling g 103:18 142:15 30:20,23 132:2 114:22 159:13 110:3 35:10 135:23 controls 163:17 constituent 57:2 96:3 177:11 188:1,3 e 125:22 continued 18:20 130:1 65:14 conundrum conversely 162:10 161:19,20 continues 163:10 70:7 constitutio 171:17 191:12 convenient conviction nal 179:4 94:21 18:14 Contract 10:10,11 contacting 26:14 95:3 convinced 130:8 105:22 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: convincing -credence 47:10 corporation coats 28:18 cover 54:8 23:7 83:5 58:11 40:12 31:9 66:5 96:16 59:22 45:20 68:23 convincing 142:6 corporation 68:9 84:22 70:25 115:21 87:7 s covered cool 128:19 121:12 81:12 179:18 29:5 131:7,21 122:9 82.21 183:13 108:2 153:7 160:16 135:2 correct 162:17,25 Cowhart couple 160:5,6 20:4 45:7 couch 9:12,23 cooperative 21:6,8 153:4 11:17 coworker 44:23 186:4 14:19 84:14 56:19 Council 188:14, 21:21 120:12 59:7 8:21 15,16,17 74:16 75:19 34:10 coy coordinate 80:20 81:21 67:7 12:19 82:24 counsel 134:25 18:15 140:16 crack coordinatin 86:21 19:4,17 159:6 46:15 g 98:11 20:15 166:6 c ra p 163:15 110:24 21:7 court 122:5 coordinatio 139:23 24:11,16 4:1,5,9 185:15 n 143:20 25:9 5:12,20 189:2 13:1 89:9,12 16:6 20:1 Corrections 99:20,22 crazy copies 112:17 147:17,24 47:16 80:8 18:6130:4 152:1 58:16 81:17 185:6 153:3 60:19 create correctly 68:2 copy 144:20 154:15 78:15 7'12 18:5 165:24 corroborate 100:2 created 21:18,23 d count 106:20 7:6,17,22 22:7 157:20 19:24 107:21 49:17,20 49:10 185:1 119:13 56:14 93:24 corrupt counties 127:18 79:18 166:15 119:24 128:4 80:13 184:21 72:18 coat 162:15 87:13 cordial 18:5 county 164:1,6 104:5 26:11 22:23 9:20 176:1,14 127:14 27:15 31:9 11:5,17 186:8 41:2,4 13:11,19 creates 14:18 courthouse 153:15 72: 1 10 172:1, 42:411 53:17 177:13 16:21 73:12 corner 87:18 17:17 courts creation 46:16 147:9 18:14 19:20 63:8 corporate 149:7 19:20,21 36:5 credence 83:4 169:19 20:25 128:5 51:10 130:7.8 21:2 160:8 ESQUIRE 800.211.DEPO (3376) 6 0 1 U T 10 N 5 Esquire Solutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: credit..Deerfield credit 13:10 Daniel 94:4 decide 16:24 35:24 165:24 118:15 57:25 18'9 187:11 129:4 curious decided 76:2,3 14:9,13 Danielle 137:25 13:10 109:22 171:19 187:8,9, 142:9 17:7 143:12 143:16 10 16:25 155:9,10 current 181:21 169:18 6:4 dark 21'22 day-to-day 105:23 95:19 creditors curse 89:20 132:23 158:23 50:7 data 165:15 deciding 159:3 custodian 168:2 days 148:6 164:10,12 36:5 184:22 165:13 19:19 decision custodydatabase 41:17 cried 190:25 22:3 65:22 601:16 47:12 date 69:12 68:4 Crime cut 83:11 72: 8 108:3 12:11 108:1,14 90:24 129: 25 135:15 - 101:16,17 142:7 137:21 criminal D 108:24 169:21 176:18 18:1,13, --- - - 168:21 189:3 15 46:8 decisions 172:25 Daddy dates DCA 40:19 177:19 119:1,2,5 186:1 106:18 57:13 178:4,24 daily daughter deal 72:1 critical 57:2 33:22 28:4,22 114:20 106:9 damn 43:21 70:10 115:14 44:6,8, 124:16,19 149:2 criticism 39:8 11,20 165:22 150:10 88:17 Dan 47:19 169:15 deed critique 78:3,25 dealers 87:2 87:3 82:20 Dave 21:23 133:3 34:1 deem cruelty 134:11 43:3,24 dealing 103:12 34:17 166:4,8 day 29'9 deep p crystal 171:3 15:9 32:3 148:10 162:13 174:19 41:14 103:5 184:16,18 42:15,18, 183:8 deeply cultivating 125:17 185:4,18, 21 47:16 dealings 51:24 20 187:2, 57:12 179:1,3 147:5 culture 8 188:16 58:16 Deerfield 94:25debate 64:2 30:25 Dan's 137:18 cup 185:19 80:12,13 142:11 85:25 76:4 187:9 83:22,23 150:17 90:10 159:25 84:4,8 133:20 dangers g 85:8,15, December 141:14 curiosity 38:3 25 86:4,5 164:18 142:8 ESQUIRE 800.211.DEPO (3376) - EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: defend..destroy defend definitivel 131:25 depending Desouza 20:17 y 136:5 39:11 4:19 122:7 26:18 178:17 40:9 5:13,19 defendant 121:5 186:11 depends 6:9,15,19 106:19 defrauding demands 153:5 10:4,9 128:21 153:20 14:14 27:2 35:5 deposed 39:3 130:7,8 degree de g 167:15 5:10 54:16 131:3 47:8 demonstrate deposition 61:2 defendant's 138:3 d 64:16 4:1 6:22 49:8 deleterious 100:1 159:7 77:15,19, 82:17 70:5 demurred 183:3,20 23 78:4, 100:16 93:13,14 184:5 11 79:2 166:12 deliberate 81:6 174:12 15:1 denied 186:5 82:23,25 183:25 18:21 92:13 191:12 91:17,20 defendants deliberatel Denise depraved 92;12 127:21 y 80:25 76:10 96:17,25 158:9 16:17 81:20 depravity 97:11,17 170:16 delicious 82:3 76:10 98:1,12 83:15 100:18 defended 42:22 104:22 depths 102:7,14 47:15 delighted 105:3 67.2 109:1,7 defenders 9:6 77:13 108:18 deputies 132:2 46:5,7 176:10 113:11 11:8 133:2,5 defending delightful 118:7,19 121:13 139:17,21 46:14 32:16 135:2,11 describe 152:25 162:3 159:25 136: 3 11:23 159:9 145:12 12: 12:10 165:24 � defense Delray 146:7 166:18, 16:7,9,10 32:18 156:2 25:25 22,25 47:13 42:20 157:21,23 describing 167:3,8 71:15 63:1,16 178:13 40:8 170:21,24 92:10 179:7 45:25 171:4,8, 161:23 denominator 132:11 11 175:21 i demand 46:5, defer 13:20 description 1 99:7 126:5,7 Department s 18844::11 6 20:18 171:20 187:2,8, definite demanded 112:17 9,10,11 40:14 13:21 122:10 deserve 188:16 definition 118:7 130:3,4 48:20,21 Desouza's 156:11 162:5 50:6 51;5 28:14 99:16 153:5 demanding depend desk 160:11 115:17 153:3 14:9 91:6 desperately 117:6 120:9,10 24:7 definitive 129:11 dependants 143:13 destroy 25:7 15:17 ESQUIRoE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: detail -discussions 121:8 157:4 112:4,5 disappoints 27:14 detail differently 117:22 d 44:19 152:17,18 172:11 137:10,16 71:12 96:23 157:10 145:23 168:16 102:25 difficult 173:3 103:23 detailed 95:14 directed 104:6 disaster discusses 49:19 difficulty 116:14 27:24 102:1 details 63:2 directing disastrous discussing 33:24,25 138:10 43:17 150:12 71:2 66:8 54:21 44:7,19 105:4 70:6,16 135:8 dignity 113:5 139:20 157:4,7 discerning 11:3 116:6 151:6,9 determining dilemma 135:12 114:19 167:24 112:19 177:11 137:6,8 dischargabl discussion 113:5 146:8,10 e 114:23 Dimartini 164:3 26:25 81:1 direction 27:10 develop 104:24 discharged 29;21 83:15 111:20 104:22 directly 164:19,20 40:23 developed 105:3 75;4 165:11 43:22 112:6 108:18 92:7,10 disclose 50:2,25 developing 135:2 130:9 13:22 55:17 136:3 169:19 14:15 64:6,19 142:4 145:12 69:5,18 devil's 146:8 director disclosed 77:12 148:21 156:2 97:6,15 132:8 96:6 dichotomy 178:13 104:7 disclosure 107:13 126:18 15:18 140:24 161:15 Dimartini's 130:2 174:5 147:23 dick 83:16 134:4 148:2 119:9 dinner directors discovering 179:14 127:23 32:17 70:21 122:8 discussions 159:17 42:17,20 80:19,22 discovery 26:20,23 dicking 43:6 48:6 82:11 46:7 52:17 164:22 63:14 83:8,12, discretion 55:14 189:4 64:7 15 70:20 56:17 dictates 65:11,14, disagree 72:3 74:10 15 84:18 92:13 76:22 37:14 130:16 discuss 78:16 difference 168:15 173:13,15 31:1 79:14 33:18dipahit disagreemen 50:20 81:25 142:3 46:13 t 51:1 94:1,2 190:20,22 34:1 148:7,22 102:2,5, direct 113:10 182:16 11 137:5 differences 4:14 188:22 148:11 14:18 138:18 discussed 147:16 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 154:21 165:23 168:17 178:22 187:22 disheveled 64:1 dishonestly 124:9 disinterest ed 45:3 dismiss 37:8 dismissal 153:14 176:11 dismissed 150:21 158:24 161:10 175:20 176:1 disparity 36:16 dispassiona to 126:1 147:23 148:24 disposed 56:2 disposing 169:24 dispute 126:8 127:1 132:14 disputed 143:12 disputing 101:19 distant 59:16 distinction 35:6,8 district 16:22 17:8,14 122:10 Division 82:20 divorce 188:10 document 49:13 83:10 101:3,21 167:15 190:8 documented 46:23 documenting 125:21 documents 7:21,22 11:12 31:22 47:9 75:15,17 83:2,3,5 131:18 157:20 161:18 167:1,4, 8,11,16, 19,24 184:7,8, 20 185:2 186:12,17 dog 140:21 dogs 37:18 dollars 16:5 23:1,9 124:17 151:20 159:4,5 170:3 Donuts 53:25 door 86:11 double 17:7 doubt 76:11 148:15 downstairs 95:17 downtown 168:9 dozen 19:5 24:25 draft 52:13 93:17 135:13 139:10 157:21 drafted 166:8 dragging 100:2 dramatic 53:4 draw 123:2 drink February 24, 2016 Index: disheveled..e-mail 95:19 drinks 168:8,13, 15 drive 84:12 94:24 142:12,13 155:5 185:6,14 189:10, 14,21 driving 118:18 189:6 dropped 46:15 drove 26:8 42:22 118:11,16 133:20 142:9 155:3 drug 131:24 drum 134:18,19 DU 33:23 dually 132:21 133:10 duces 187:17 dude 190:12 due 127:20 132:19 152:22 DUI 44:6 duke 58:9 duly 4:12 dump 185:5 189:2 Dunkin' 53:25 duplicative 184:15 185:12 dust 183:13 duty 158:14 Dylan 86:1 112:4,23 113:21 E e- 133:14 e-mail 15:20 18:13 25:23 27:17 41:1,15 48:13,16, 18,23 49:24 50:3,4,8, 9,16,25 51:3 61:22 77:5 103:25 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 108:4 109:19 114:1 117:11 123:1 131:19 133:17 156:10, 13,14,16 157:25 158:6 163:25 171:18 184:12, 14,16 188:10,13 190:3,4 e-mails 7:2,8,14, 16,18 11:12 40:25 41:5,13 48:15 62:16 109:10 135:3 157:21 158:2 161:21 187:6 eager 87:5 earlier 25:22 28:16 55:18 57:1 114:11 131:19 144:20 146:12 164:13 181:2 early 26:17 29:25 31:25 43:8,16 48:12 4 9: 24 58:14 59:14,18 95:12 104:19 116:21 137:8 140:15,23 179:24,25 earned 151:3,4 earnest 27:20 56:3 earth 165:3 ease 147:14 easier 7:25 easy 57:11 119:25 163:22 169:25 eaten 9:23 32:8 economic 10:12 20:18 27:24 66:12,14 162:5,11, 22 economicall y 16:2 66:8 169:17 Edgar 12 1: 15 editorials 12:24 Editors 12:23 education 53:14,17 educational 15:5 19:15 Edward 5:7 100:19 160:16 effect 48:19 50:5,7,12 54:4 131:20 165:14 effective 155:12,13 effectively 66:24 87:18 efficient 40:19 effort 10:24 23:22 127:22 143:10 efforts 94:11 ego 167:6 egregious 71:21 February 24, 2016 Index: e-mails..enormously 86:15 94:14 126:25 elephant 40:8,10 elevated 120:2 Eleventh 176:12 Elliston 84:10 else's 141:2 employed 7:15,19, 20 8:1 60:1 139:20 employees 15:17 81:11 91:3 112:22 116:6,12 employment 39:25 93:3,8,25 139:18 empty 14:1 91:6,8,9 encounters 94:17 encourage 128:5 end 27:4 38:14 44:12 45:11 57:12 60:18 111:21 136:10,16 137:19,25 191:11 ended 14:1 17:5 23:14 41:6,11 46:21 47:3 48:24 75:9 87:19 142:25 ends 59:9 165:2 enemies 40:1 69:19 enforcement 11:19 12:2 44:13 119:11 engage 71:4 engaged 18:1 39:13 engagement 125:16 126:7,10 150:6 178:15 engaging 178:16 enormous 66:22 186:17 enormously ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 67:8 136:22,25 185:12 enrollment 15:16 entailed 154:25 enter 7:9 40:21 93:3 entire 92:13 entities 23:18 53:2 112:20 116:10 entitled 18:12 41:21 122:5 127:19,20 150:20, 21,22,24 153:12,13 154:12, 16,17 162:20 188:19 entitlement 6 154:18 178:18,19 entity 15:3 39:1 56:18 76:25 78:17 97:19 102:6,13 entity's 152:15 envelope 155:9 epiplectic 115:6 equality 11:1 equipment 21:23 22:5 equivalent 36:25 er 163:23 Eric 25:1 essentially 21:25 33:8 111:11 112:5 establish 97:7 established 60:3 162:18 establishme nt 11:4 36:17 119:20,23 164:13 173:4,5,6 establishme nt's 173:10 estimate 21:9 136:12 ethical 128:2 146:3 149:3 150:9 151:1 177:13 ethics 134:7 147:5 ethnic 94:25 euphemistic ally 35:9 evening 42:19 43:8 84:15 event 29:12 events 7:23 eventually 19:14 74:13 176:21 181:11 everybody's 133:10 185:21 evidence 178:10 exact 16:9 17:2,8 81:12 90:24 92:14 106:17 149:24 168:21 176:4 examination 4:14 7:3 February 24, 2016 Index: enrollment -expected 49:7 132:24 175:12, 18,24 examination e 159:6 examined 4:12 examples 28:16 60:4 94:13,18 excellent 141:22 exception 11:3 exceptional 59:17 149:14 excess 126:20 exchange 136:1 156:16 exchanged 48:15 62:16 exchanges 77:5 excited 52:8,16 excluded 148:12 exclusive 55:16 excused 43:8 execute 101:16 executed 93:21 101:15 103:7 125:15 151:11 executing 101:13 executive 111:9 126:17 130:2 134:4 exempt 41:10,23 42:7 86:10 exemption 15:25 exercise 11:11 121:11,22 exhibit 49:5,6,8 50:16 62:4,15 82:16,17, 19 83:7 100:15, 16,25 101:24 108:23 166:11,12 174:11, 12,15 183:24,25 184:3,4 exist 18:4 expectation 60:21 expected 65:8 ESQUI 10E EsquireSo�os.com) JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE expecting 171:20 expedition 132:24 expense 66:8 124:17 186:17 expenses 66:6 68:23 70:25 179:18 expensive 169:15 experience 10:19 14:22 16:15 18:17 44:12 52:8,25 59:8 67:23 72:16 87:6,8,9, 10,14 88:14,22 151:23 160:6,7 173:19 experienced 22:12 119:22 experiences 11:21 17:13 24:2 27:10,12 179:16 expert 162:17 expertise 10:16 12:15 explained 119:17 explicit 112:25 explicitly 53:7 126:23 expose 11:13 112:13 exposure 141:24 express 145:11,22 expressed 26:5 107:14 146:1 extension 91:7 extent 147:2,13 160:3 extra 128:22 extraordina rily 22:6 123:19 141:18 188:14 extricated 169:14 eye 16:15 17:12 18:17 3 9: 19 42:12 eyes 183:13 F fable 40:7 face 48:7 98:9 172:8 faced 60:14 faces 137:3 fact 9:7 16:25 19:9 22:11 48:22 53:23 57:6 64:12 69:8 70:22 74:4 77:2 78:20 86:6 92:10,11 93:9 95:5 101:19 107:17 111:17 115:2,3 123:8,20 126:20 129:10 133:19 137:25 143:22 146:7,11 152:21,24 154:15 175:7 February 24, 2016 Index: expecting -fee 183:13 facts 33:10,14, 21 44:22 45:4 61:6,9, 12,14 71:22 107:20,22 113:19,24 114:8,18 126:24 127:1 136:14 162:2,3 faculty 106:6 fair 36:20 4 7: 16 60:16 64:15 121:2 172:2 fairly 11:3,5 28:18 43:21 44:9,11 45:5 47:20 156:3 fairness 64:17 131:6 fall 42:3 fallacy 173:9 false 160:13 familiar 4 9: 15 60:4 101:7,22 174:16 family 95:5 172:13 farm 39:5,10 farther 78:24 119:23 fast 6:6 118:22 father 12:21 favor 20:1,2 58:3 favorably 56:2 fax 116:17 123:1 February 15:10 102:22 103:17 108:24 109:5,19 136:9 federal 10:10 176:1,12 fee 20:19,20 59:6,24 60:24 106:14 125:15 126:5,6 153:18 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE Index: feed..firm 162:7,16 84:9 124:7 182:1 129:19 182:21 felt 126'22 filin s 182:5 152:1 188:25 feed 43:20 82:21 31:11 66:6 69:8 165:18 finding 168:4 filled 39:10 87:20 190:7 176:14 121:25 134:18 88:13 fine 89:6 filed final feel 5:9,17 113:13 19:4,17, 149:2 5:3 39:18 6:9,16 44:10 175:20 21 20:24 finalized 28:10 57:4 88:4 178:23 21:4 69:16 58:5 24:10,1452:12 149:18 Ferguson finally 70'22 162:8 12:4 16:6 42:5 79:4 80:7 53:20 165:5 99'21 168:12 feud 87:12 finance 100:6 122:2 113:17,20 73:24 102:16 feeling fiction 114:10 financed 118:14 44:8 166:17 123:6 74:5,18, 134:13 feelings fiduciary 126:14 19 104:14 141:18 155:24 143:22,24 158:14189:20 144:1,4, finances feels fight 16,22,23, 70:23 190:2 99'1 119:20 25 145:3, 116:24 finger fees 5 146:15, 144:14 17:9 figure 17 72:19 16:4 17:5 47:12 158:13, financial 163:5 20:21 67:5 80:1 16:24 23:15,21 20,25 75:23 fingers g 59:24 figured 160:24 97:20 124:7 60:5,6, 20:7 161:1,3, 10,12,13 21:14 24 164:18 financially finish 68:3,8 118:14 166:1 158:15 5:15,16 73:12 142:14 175:19 financing 99:20 75:4 152:4 176:5 68:4 174:18 87:19 157:6 180:25 74:21 186:14, 126:8,20 181:16 files 75:12,19, 15,25 190:14 131:7,22 figureheads 123:13 20 76:18 134:9,19fire g2;g 167:23 144:6,11 185:1 find 152:10 151:3 figuring 12:14 152:24 77:8 filing 19:15 firm 68:8 60:1 91:8 4:17 19:6 153:6,733:6 fila 73:12 94:13,16 24:21,23 156:11 19:15,23 75:3 107:1 54:22,23, 162:20 33:13 83:11 114:5 24 55:1, feet 52:11 113:7,8, 119:21 16 56:11, 46:16 60:22 12 123:4 121:11 14 57:7 fellow 113:6,23 144:6,11 122:14 58:18 123:23,25 59:6,22 �� ESQUIRE 800.211.DEPO (3376) 6 0 1 Y• 1 0 X 6 EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: firms -foundation 72:3,11 24:12,16 floated 189:7 61:2 74:1,13 57:6,8 77:9 64:16 flourishing 75:5,13, 59:5 72:4 81:6 Florida 115:9 19,21,24 73:5,6 106:5 4:3 6:5 76:19 75:7 89:2 flow 152:25 12:17,23 86:18,20, 103:3 109:14 177:8 13:2 22 87:9, 105:8,11 132:3 17.21 formal 23,24 firsthand 18:24 fly 139:11 88:7,14 119:22 19:9,12 142:12 89:3 formed 90:15,20 fishing 22:15,16 flying 56:11 105:8 132:24 25'2'24 44:15 76:23 26:3 28:8 107:19,2577:2 fit 30:6,9,12 focused 108:6,8, 73:21 31:5 182:20 78:16,20 13 110:14 34:14 79:3 94:5 109:12,25 149:4 48:1forming Fog 110:2 130:21 114:6 five-minute 55:11 51:1,4 63:15 folks 116:4,25 100:22 46:3 forme 123:4,9 five-year 64:13,1 129:21 106:8,22 21 65:2,, 125:11 93:125,10 142:5 fortunate 128:17 fix 67:13 187:13 19:6 129:15 127:12 73:18,22 follow 61:13 131:5,16 132:1 130:20 82;2,6,20 18:19 forward 133:13 131:4 84:11,21 98:18,19 110:21 134:19 163:7 86:7 87:6 food 183:6 135:7 182:23,25 90:9 9'22 found 94:12,21, 136:14, fixed 66:10 15:2 25 105:16 16,23 121:19 106:11 95'1 30:10 137:5 fixing 111:23 foolishly 33:20 138:10 116:1 119:9 14:2 34:6 139:8,14 46:22 140:9,11, flake 123:22 for-profit 112:10 125:5 25 115:12 23:4 114:14 126:9 141:10,23 flesh 128:4 forceful 115:16 143:18 58:8 134:8 88:18 116:5 144:8 136:25 118:5 146:7,21 flew forego 129:10 149:4,22 140:11 137:11 127:17 152:13 141:11,12 140:4,7 foundation 142:2 Forest 7:16 8:24 158:3 143:2 6:5 171:12 168:8 162'9 13:2 177:12 185:20 163:5 forklift 25:25 171:1,7 183:14 35:2 firms flip 181:3,9 39:24 8:16 110:21 182:6 form 45:5 39:3 51:1 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 50:21 fraction 26:1 86:2 51:2,4 53:20 friendly 63:8,9 frankly 26:11 65:25 66:2 17:6 friends 25:13 70:6,16, 137:24 33:17 17 74:11 183:6 38:21 75:2,3, 44:24 frightening 12,23,25 56:25 13:15 76:3,19 77:9 80:9 82:7 front 82'22 108:1 14:9 39:6 83:4 142:16 159:8,9 84:14,17 170:17 188:12 85:3,5,6, 173:3 189:7 22,23 fraud fruitful 87:13,22 117:25 136:24 90:5,13, 123:1 25 94:5 161:13 frustrate 105:12 164:4 23:20,22 107:24 177:15 frustrated 108:9,14 fraudulent 24:3 111:23 153:8 28:12 116:8 117:8 fraudulentl frustration 122:16, y 127:23 23,24,25 124:9 fuck 123:12,13 freak 100:1 124:10,13 113:18 119:14,21 128:23 124:25 140:1,5, free 125:4 17 141:5, 5:3 9:12 137:20 7,17,21 66:7'22 145:23 144:13,23 81'4 149:25 146:6,7, 112:2 164:13 16 155:6, 162:8 168:23 9 157:3 frequently 168:11,19 158:10,12 10:20 189:15 169:12,23 35:8,12, 190:11 170:2 16 179:12 fucked 177:17 fresh 121:18 179:6 80:4 123:3 foundation' 186:7,11 Friday s 133:20 fucker 76:15 119:14 friend ESQUIRE February 24, 2016 Index: foundation's..gee fucking 177:25 118:5,6, 9,21 137:22 172:14 184:19 185:5,21 190:12 full 24:18 42:18 58:4 69:11 79:5,6 174:5 185:6 189:2 fully 118:17 127:8 fun 105:22 181:24 function 56:23 fund 66:21 67:5 110:5 fundamental 37:12 115:24 124:22 funding 84:16 funds 74:25 75:1 108:13 109:16 funny 130:12 159:22 G gaining 96:7 Gale 14:17 game 38:14 gas 158:18,19 gate 108:2 gather 41:22 gathered 158:3 gave 7:4 13:17 17:9 51:10 52:1 54:10,25 79:3 86:24 93:22,23 98:14 112:1 127:8 143:14 161:19 163:12 167:5,13 175:2 179:19 185:4 gee 18:22 81:17 156:3 800.211.DEP0 (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: gender -governor gender 134:9 12,20 24 157:6 11:1 Giovanni 180:15,16 102:10,18 160:18 general 140:19 183:1 109:3,9 172:13 18:14 145:13, 190:16 134:11,15 176:13,18 26:19,23 20,25 giving 138:12,14 181:25 34:25 146:1 41:20 139:19,23 187:14 44:5 52:3 147:2 87:21 141:4 190:2 149:15,18 86:21 166:10,14 gotoha generally 167:10,18 10:3,11 gist 110:2 171:3,14 124:4 11:4 51:6 117:17 174:10,14 government 26:13 168:19 163:5 175:23 11:15,22 27:23 180:22 183:23 12:21,25 37:13 give 185:8 184:2 14:12 4:6 14:8 188:11,15 43:12 16:11 189:9,24 15:3 19:9 56:1,3 17:25 gleaned 190:21 20:6 141:1 18:12 13:16 191:6,10 26:5,13, generated 24:18 gobs golfing 20,2427;1,20, 136:12 33:10 31:21 70:9 40:6 39:21,22 21,23 generates golly 28:6,15 44:25 Goldstein 18:22 30:9 31:1 1 :6 10 110: 4:15,17, 36:20 46:10 good g generous 4 47:13 21,22 16 37:13 66:4 66:5 6:13,17, 16:18 16:1 52:18 20 7:10 55:25 gentleman 70'24 10:6 32:10,14 56:5,9,23 19:11 72:2,4, 27:7,8 63:11 58:7 130:1,6, 10,19 49:4,12 70:2 67:22 12 140:20 74:1,12 54:19 74:15, 73:16,21 77:25 721 74:7 8:4 genuinely 89:4 61:18 79:22 76:8 159:2196:14 64:24 80:4 82:2,6 181:23 99:24 78:10,25 85:7,12, 88:11 get all 107:19 79:7 13 87:15, 95:20 60:14 107:4,16 138:2 109:25 81:7 21 88:4, 111:11,22 095:9 giant 82:15,19,19 134:8 112:11 89:6 167:6 122:2,5 24 83:1 110:13 140:4,15, 91:19 17 141:1 gig 124:5,6, 114:7 24:8 17,25 92.7 115:13 149:1,15 93:1,2 179:11 129.2 123:20 GILL 96:21 180:21 137:20 130:25 138:11 97.9,15, 181:17,24 141:16 142:5 22 98:10, gin 155:19 21 99:14, 149:4,11 governor 134:6 157:10 150:5 70:9,10 21 100:6, 169:11, 151:16 119:10 ginning 11,15,19, ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: Governor's.. happen Governor's Greg 92:18 65:5 153:9 140:2 19:10 95:15 73:10 155:7 138:23 132:19 74:25 174:17,18 Governors 171:7 151:18 169:11 84:9 hand -in - gregarious 180:1,5 85:25 hand gracious 95:10 guessing 88:19 14:11 95:15247 grid 32:21,22 97:13 handed graciously 121:17 181:14 116:23 14:1 85:16 Grier guest 130:25 49:20 170:16, 45e9 131:23 155:8 graduate52.9 23,24 guilty 159:16, handing 171:4,8 47:6,10, 22'25 149:21 105:25 167:6 graduates grind 14 169:5 handle 52:15 165:7 Gulf 171:21,25 54:23 ground 30:1,5 173:6 88:12 grand 53:2 139:9 69:16 190:7 87:12,15 guys 18:23 handling _ grant group 88:3 60:7 74:4 150:13 30:21 89:15 166:19 57 89:9,11, 92:2 77:15 157:8 1 : 21 90:1, 117:12 92:24 hands Gray 14 116:6, 120:23, 100:21 11:5 171:2,3,8 17 120:7 24,25 182:16 146:19 great 149:15 121:1,3, 184:18 190:19 25:14 17:15,23 17,23,25 185:19 handwriting 98:24 1766:20 122:18 186:20 135:13 114:17 groups 123:7,10, 187:7 14 189:5 hang 115:7 67:15 136:7 91:15,16 124:10,20 guys' 56:1 138:10 111:13,14 126:15 184:24 172:7 147:13 145:6,8 hang-up 149:23 guess 157:17 _ 69:5 150:12 10:16 161:25 H 156:18,22 15:11 178:6 hanging 176:10 20:6 27:1 181:1 hair 138:4 28:1 182:2,10 124:4 159:24 greatest 32:23 169:2 148:15 33:6 34:1 guy half 173:21 38:23 22:22 96:19 greedy 24:22 Hanna 129:4 39:19 hallway 140:24 43:2 25:1 26:2 155:17 145:14, Greensboro 44:22 27:19 37:3 56:16 31:17 hand 20,25 46:24 58:6 187:21 greeted 63:1 73:2 85:11 47:3 64:1 86:10 happen 120:7 106:12 ESQUIRE 800.211.DEPO (3376) 5 0 L U. 1 0 N s Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: happened.. hostile 36:3,11 harassed heard 190:5,18 Holiday 137:14 39:18 16:13 hiccups 26:9 156:8,17 harassing 17:21 164:17 home 188:20 30:1,2 42:1 77:16,23 hid 42:22,25 happened 164:22 48:9 84:8 78:2 92:5 186:3 71:2 harassment 110:12 90:8 97:24 hide 118:18 102:9 39:17,19 133:9 185:25 158:20 105:21 42:9,10, 143:11 186:4 12 172:17, honest 107:13 hard 18,19,20 high 122:20,21 115:2 52:25 137:15 18:4 20:7 hearing Honor 123:19 156:4 71:21 20:19,20 131:11 16:8,10 160:23 94:13 126:5,6 hook 180:19 97:17 153:25 highlight 155:4,24 162:7,16 32:5 59:13 happening 183:22 hoops 122:14 held Hillsboroug 185:6,14 h 106:16 124:8 106:20 126:12 189:10, 53:24 Hoover 13,20 hell 122:9 121:15 happy 16:15 6:1 29:8 hassle 115:6 hire hope 31:11 114:3 124:18 68:25 48:19 34:13 hate 131:23 84:14 50:5 51:5 47:22 27:2 185:10 162:17 92:24 48:18110:5 Haven helped hired 49:25 45:6 12:12 16:3 19:7 121:18,19 50:5 51:4 84:13 35:22 23:3 hoping 58.2 85:9 46:20 85:18 156:7 66:17 86:1 99:7,12 head helpful 134:24 hopped 100:10 5:20 8:18 45:2 179:10 82.7 119:13 24:19 78:14 180:20 horns 159:23 88:15 162:2 171:21 163:13 120:16 helping history 177:10 186:4,23 129:24 66:15 188:25 138:23 20:19 hobbyhorse hos stable 189:7 152:9 349 . 57:3 42:23 122:7 72:9 190:5 health hold 191:5 15:16 helps host 62:4 61:2 161:6 harass hear 96:17 38:25 6:9,15 hey 174:17 172:23 39:1,12 10:4 29:7 51:3 190:1 hostile 41:18 27:3,4 77:12 82:6 124:1077:18,19 169:11 hole 85:16 170:18 168:10 78:8,11 ESQUIRE 800.211.DEPO (3376) 1 11 1 1 . EsquireSolutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE Index: February 24, 2016 hosts..independent hosts 148:5 82:18 99:24 imprudently 79:12,13 hundreds 100:17 impermissib 175:20 hot 19:18 166:13 le 176:2,5 32:6 111:22 174:11,13 36:3 in-house 86:5,19 141:19 184:1 89:8,12 implying hotel 167:22,23 identify 128:9 in-person 42:24 168:1 22:2 55:21 importance 84:12,16, hung ignorance 12:25 inaccesaibl 17,19 33:20 15:2 88:10 e 118:16 hungry ill 18:8 142:9,21, important 23 143:3, 32:15 172:22 22:18 incidental 5,6,8,9 37:4 74:5 illegal 37:9,10 18:22 hour hunt 18:11 66:11 inclined 165:2 177:22 125:18 31:13 99v8 128:18 hurry 178:7,8 148:23 100:3 129:1,2,7 48:9 Image 153:3 include 131:22 husband 23:3,7,20 impossible 127.2 hours 47:6 imagination 135:19 included 43:16 67:4 impressed 103:2 45:23 147:22 58:12 I imagine incognito 107:20 impression 13:3 91:24 118:4 50:13 128:19 i.e. 130:7 54:7 income 129:4 53:8 148:8 64:21 158:24 house IAimagnng 76:16 189:4 9:24 32:4 46:24 imagining 67.12 82'4 incorporate 42:24 idea 89:12,13, d 43:7immediately 45:17 14,17,19 90:6 63:4,10 56:13 53:9 96:9 65:1761:25 83:22 134:21,23 incorporati 69:15 77:8,25 Immokalee 148:11 on 77:14 79:22 39:5 149:12 83:14 79:10,13 80:4 168:8 90:11 84:3,5,11112:9 impact 172:4 incredibly 95:3,5, 184:21 66:25 improve 40:18 11,12,16 ideal impeach 20:16 incurred 140:6 46:17 159:24 58:15 improvement 126:20 identical impeccable 123:18 53:4,14 dIne endenc p Hudson 162:9 107:22 imprudent e imperative 39:23 70:15 huge identificat 5:14116:22 176:9,14 66:10 ion 49:9 imperil independent 116:19 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 70:19 71:1 80:19 117:23 indications 62:16 indicator 147:21 indignant 138:6 indispensab le 161:8 individual 59:11 individual' s 70:18 individuall y 63:6 89:24 97:19 individuals 54:2 59:21 81:3 145:18 inevitably 38:5 infiltrate 121:13,14 influenced 174:9 influences 81:4 information 13:22 14:15 15:16 16:20,24 17:3 34:23,25 35:4 112:12 180:2 initial 50:25 66:3 80:22 83:8,12 initially 150:14 injunction 163:2 Inn 26:9 innocuous 157:1 input 67:5 inquire 38:13,17 ins 178:2 inside 91:13 155:9 insisted 70:19 85:14 insistent 31:9 inspect 86:8 instance 33:12 123:16 instances 46:24 instant 186:1 institution 15:5 instruct 97:4 99:6 instructed 120:20 instructing 97:8 98:3,5 instruction 98:9,15, 18,19 99:17 instruction s 151:18 instrument 190:12 instrumenta lity 70:18 104:6,11, 12 117:23 121:22 122:18 insurance 15:16 16:25 152:15,22 154:12 insuring 116:2 integrity 124:10 128:13 intending 112:9 113:23 118:17 interact February 24, 2016 Index: indications -invite 12:2 interacted 88:4 104:15, 16,17,21 interaction s 104:16 172:9 interest 8:10 10:13 11:2 18:20 23:24 26:5 34:11,23 37:16 107:14,17 interested 14:6 29:16 34:9,15 51:22,23, 24 52:2 70:3 116:1 121:21 122:13 170:20 181:24 interesting 25:11 29:2,17 121:24 interfere 82:10,13 intern 86:2 112:4 internal 46:25 interrupt 10:4 92:22 132:3 170:21 interviews 157:8,9 intimately 162:2 intimidated 119:11 intrigued 13:8 introduced 86:3 introductio n 110:9 intuition 51:9,10, 11 invasive 15:13 investigati on 122:11 investigati ons 46:25 investigati ve 85:19 112:8 invitation 31:8 43:10 48:4 111:19 161:22 invite 127:21 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE Index: invited..Josh invited 47:18 43:13,14, 77:3,6,10 166:15 48:8 134:5 17,19 78:21 170:21 179:6 Islamic 45:13,25 79:9 174:15 invites 8:21 35:2 56:1,3 83:11,23 177:7 50:19 67:14 94:6 Joel Islamic- 73:17,18, 102:22 inviting american 22 82:6 136:8 116 116::24 100:8 34:10 89:1 139:21 John involve issue 111:21 jeopardy 24.22 91:12 29:1 126:21 38:9 138:24 170:6 33:22 132:5,20 jointly 34:19 139: 15 Jerry 97:12,17 involved 141:1 170:14,22 10:17 36:1,4 142:1,15 jokes 44:15 Jersey 12:14 45:16 153:15,19 29:23 121:9 61:5,10, 57:17 169:1 65:7 Jonathan 14 88:5 58:7 172:11 51:12,14 91:13 67:18 177:13 jerseys 52:1 94:22 73:12 178:14,20 105:19 54:14,20 113:11,24 80:3 179:12 Jill 55:11,22 135:3 102:15 180:22 120:6 61:20 137:4 106:17,25 181:17,24 63:12,23 170:10 107:13,17 187:3 Joann 65: 1,15 176:21 161:21 109:13 Italian 176:7 67:2200 involvement 113:18 63:10 77:7 113:3 115:24 job 79:19,23 Irish 125:16,25 46:13 80:15 128:13 J 87:15 87:4_ 168:9,10 129:18 95:20 88:22 Irishman 132:15,23 jacked 111:21 95:6 168:11 143:6 42:8 112:2 113:10 ironic 153:17 jail 118:20 136:22 148:13 177:24 149:7 137:4,9, 161:24 180:13 46:2 Joel 12,15,19, 181:18 James 4:11 5:7, 20 145:12 Ironically 184:17 12:20 g 6:9,15 146:9 22:10 188:12148:3 January 61:2 79:3 ironies issues 41:16 82:9 178:13 136:7 9:5 48:12,16, 92:16 180:5 165:12 10:13,14 17,25 96:17 Josh irreconcila 26:13 49:2,3 97:4 98:3 4:19 6:9 ble 27:20,21 50:18 100:19 27:2 157:3 28:6,20 55:20 101:5 54:16 30:24 56:5 117:4 78:7 irrelevant 31:1 61:21 132:2,6 96:18 36:6 37:24 63:17,19 160:15 98:2,8 ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: Joshua..Latinos 100:18 155:1 kids knew 25:9,12 102:7 183:20 160:4 13:14,15, 107:11,25 109:1 jurisdictio kind 25 70:20 111:3 139:17 73:25 115:10 n 15:24 167:9 60:6 19:14 84:9 148:9 175:22 87:13 151:14,23 jurisdictio 23.1 95:13 Joshua 27:18 Lacicero's ns 135:13 4:16 12.6 29:5 40:6 107:15 44:25 157:8 journalist justice 48:4 52:3 180:3 lack 85:20 9:13,1889:18 54:7 knocks journalisti 10:12,15 63:14 20:7 ladies c 11:1 45:1 64:1 172:14 knowing 112:8 130:4 65:19,21, 106:24 lady judge justified 23 67:24 119:24 81:21 16:7,13 129:12 68:21 152:10 95:7 60:4 justify 69:3,12, 157:14,15 119:12 69:24 15 77:9 120:6 92:12 162:17 82:2,14 knowledge 99:6,7, Juvenile 93:3 14:10 laid 11,13 130:4 111:15 15:6 20:6 69:18 100:8,9, 114:3 44:21 156:6 11 185:10 116:20 56:10 183:13 186:16,22 K 118:11 73:20 Lakeland 188:12, 120:9 103:12 6:5 13:4 21,22 K9 130:11 104:3 90:9 189:8 11:11 139:12 123:13 155:3,25 121:11 140:21 125:12 judge's 147:3 126:14 landmark 176:16 keeping 148:13 137:4 19:11 judges 127:13 155:10 143:23 language 61:15 136:18 156:3,4,6 148:2 153:21 165:1 161:11 149:9 judgment Keith 165:9 151:8,10 large 57:18 138:25 168:19,25 knowledgeab 4:3 110:7 July kerfu£fle 169:4 le 147:2 175:3,8 12:4 173:2 73:22 largely jump 167:14 176:25 82:1 45:8 106:16 kingdom 147:23 late keys 163:13 43:15 June 163:12 129:25 168:24 Kissane L 143:2 133:21 kid 4;17 180:1 136:10 46:11,14 kitchen Lacicero 181:15 138:15,16 47:2 47:11 19:7 Latinos 139:22 121:9 24:20 45:22 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: law -legally law 105:8,11 lawsuit 144:7 157:11,15 4:17 8:16 107:19 19:16 150:13 160:20 11:19 108:6,8, 21:1 33:7 157:22 172:13 12:2 13 40:11 158:1,2 176:21 13:14 109:12,25 52:12 170:11 leaving 15:4 110:2 58:15 lawyer 14:1 16:17 114:6 87:12,17 123:1 155:15 18:19,21, 116:4,23, 89:15 23,25 25 119:11 94:16 lawyers ledge 19:6 123:4,9 114:9 132:14 168:20 20:23 125:11 123:6,14, 138:18, left 24:12,16, 128:17 17 125:24 21,22 15:10 21,23 129:15 126:22 lay 27:16 31:6 131:5,16 131:12 180:13 48:4 39:13 132:1 158:13 54:20 42:10 133:13 160:9,18, layperson 56:1 63:9 43:12 134:19 24 161:1, 138:7 85:12 44:12 135:6,7, 4,6,23 177:20,21 132:13 52:10,11, 12 162:4 layperson's 136:10,19 14 54:22, 136:14, 165:18 65:7 149:13 23,24 15,23 166:9 157:2,14 55:1,16 137:5,9, 172:22 lead 165:8 56:11,13 12,22 lawsuits 18:13 57:6,7,8 138:3,9 103:8 legal 58:18 139:8,14 , 123 leading g 16:4 17:5 59:5,6 140:9,10, 222,23 54:9 19:4,7,17 61:12,16 25 20:17 79:15 20:12,15 64:3,10, 141:10,23 24:10,14 93:8 23:14 13,20 143:18 33.7 25:14 65:2 144:8 68:2,5 leads 45:24 67:20,21, 146:7,21 73:7,14 38:6 46:11 25 72:3, 149:4,22 86:6,17, League 56:20 4,11 152:13 20 82 123:23 57:21 73:5,6 154:4 107:112 124:24 58:20,23 74:1,13 157:23 110:6 125:5 60:12 75:4,7, 158:3 113:5,6, 162:9 68:3 80:2 13,19,21, 162:6 8,9 181:4 97:3,13 24 76:19 163:6,8 114:10 99:19,22 82:2 165:1 117: learn 123:2 86:18,20, 171:12 4,5 123: 154:8 132:11 22 87.9, 176:20 125:1111 learned 134:9 23,24 177:1,4, 129:1 43:25 149:3 88:6,14 12,15 134:7,18 150:9,25 89:2,3,19 178:12 135:4,5, leave 177:13,21 90:15,20 6,13 135:23 180:15,17 lawless 136:6 139:4 96:11 84:24 139:9 149:11 legally 103:3 ESQUIRE 800.211.DEP0 (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: legislation.. log 36:25 liar 185:13 25:16 169:24 117:2 47:1 limits 59:21 183:21 legislation liars 70:8 68:6 74:8 185:9 125:6 46:23 87:4 litigator lines 106:18 142:4 license 55:9 64:6 114:13,16 89:14 legislative 31:6 116:22 142:18 litigators 182:19 89:19 lion's litigating 19.9 legislators 137:9 72:2,11 71:18,19 litigious 128:14 165:1 73:2 100:1 list legitimate licensed 17:22 114:15 live 100:4 65:4,6 25:7 litigation 160:16 102:6,12 88:1,269'20 11:25 137:11,12 lives 103:1 106:3 20:7,9,13 67:1 128:10 lieutenant listed 24:4 169:8 length 86:8 34:21 33:12 43:12 life 36:20 livid 37:14 listen 51:17,19 118:5 lengthy 95'20 169:5 52:18 living 140:24 100:2 182:24 53:19 186:19 letter 125:5 listened 55:25 126:7,11 130:5 147:19 56:5 to 150:6 151:20,22 57:14,19 17:16 155:8,11 156:12, lists 58:1 59:9 120:15 19,22 40:1 60:2 loans lettere 158:15 83:14 61:11 138:4 125:16 106:4 67:18,22 178:15 165:3,11, loathe 15 literally 69:7 98:25 letting 151:19,21 70:20 152:7 lifted 160:15 71:5,10 lobby 164:8 189:3 88:12 14:10 level 10:18 ligation litigant 94:23 127:14 88:8 165:21 19:17 107:4,16 local 114:22 152:17 light 121:6 11:16litigants Levy gl:g 141:25 123:20 12:5 58:7 11:17 112:16 124:2,3 87:6,7 litigate 181:9 Lexisnexia likelihood 73:4 127:19 64:12 128:16 locally 21:14 91:12 132:6 24:24 liability limited 105:14 137:17 56:9 110:7 location 60:3 87:14 114:17,19 147:13 90:3 126:4,5,8 152:5 131:3 103:2 154:19 160:10,12 log 162:6,18 165:22 litigated 162:12,23 86:9 163:1 184:18 19:11 163:7 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: logically -make logically lookout 135:16 lunchroom 122:19 36:24 51:16 142:11 91:5 123:12 long loosely 146:2 130:18 155:16 132:16 8:22 12:9,19 M 20:18 165:2 134:3 Lord 183:21 136:2 42:13 154:23 Machiavelli 141:7 58:2 64:2 lots 66:17 lose 56:25 an 152:4 78:6 91:1757:15,16 157:12 156:23 81:14 150:1 58:18 machination 157:19 162:1 85:18 losing 157:20 s 164:24,25 162:22 Lou 151:12 167:13,15 115:9 115:9 loss 179:4,6, machine 168:14 117:3,5 99:4 10,16 21:18 177:16 132:25 180:9,10, 22:8 181:4,6,7 149:2 lost 11 181:23 49:10 182:6,10 150:9 19:24 183:4 116:17 151:15 23:24 186:8 Madison 154:4 58:11 machines 12:20 157:11 106:19 188:1,7 21'24 17:17 159:25 love mad mail 160:4 lot 94:25 110: 72:23 168:22 12:4 18:5 181:16 115:66 169:5 25:12 86:14 28:6 loved 121:18,19 131:13 181:21 31:12 46:2 made 133:15 182:18 183:5 33:19 lovely 7:8,14 maintain 184:21 37:24 31:17 12:16 146:4 52:20 32:19 13:12 long-time 53:1895:7 15:15 maintained 155:18 54:2 130:11 16:21 127:15 longer 56:24 lumping 17:7,11, majority 108:14 59:22 14 30:5,7 25:8,10, 173:17 175:8 65:18 33:4,9 16 46:1 66:25 lunch 35:20,25 59:8 Longport 67:1 9:12 32:8 40:12 121:2 29:23 73:7,13, 105:21 41:13 make longtime 17 89:2 174:3,7 65:20 81:11 94:11 181:19 71:8,12 13:5,23 14:6,15 looked 95:2,11, luncheon 72:13 33:18 14 88.4 23:12 139:25 35:3,6, 112:13, 92:11 64:1,9 140:2,12 15,17 14,15 106:15 16, 69:13 141:5,10, 36:8,9 115:21 107:2,5, 81:18 13 142:8, 38:1 183:6 125:18 10 6,7 40:2,21 128:12 111:16 129:6,7 114:1,20 47:21 ESQUIRE 800.211.DEPO (33 76) S 0 L U., a N S EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE Index: makes..marty's 53:7 27:10,12 141:20 147:4 22,24 57:13,14 34:22 March Martin 117:9,14, 61:12,15 35:23 16,20 15:10,12 25:18 71:3,4 37:22 119:6 110:18, 65:12 72:1,15, 38:4 122:3,4, 22,23 81:9 16,22,24 40:19 14 124:23 111:6 102:23,25 74:25 42:2 125:7 136:9 104:10,24 86:12 69:24 132:22 164:18,20 154:21,24 92:8 84:6,22 145:12 93:19,20 113:2,3, marginalize 156:2 146:6,13, 96:10 21 115:14 d Marty 19 155:19 98:1 116:9,17 148:12 26:3 156:1,9 104:8 117:10,11 mark 29:12 157:15,18 105:23 121:9 49:5 30:20,22 158:6,12, 112:20, 122:24 82:16 31:2,17, 16 159:2, 21,24 124:12,13 93:19 24 32:17, 4,7,15,21 116:6,14 127:23 100:15 25 37:21, 160:7 119:25 128:16 166:10 24 38:11 163:22 123:11 129:5,11 174:10 42:20,23 164:21 124:3 142:23 183:23 43:8,20 165:1,8 142:3 172:23 187:21 44:8,10, 168:7 147:24 177:17 18 47:21 169:7,25 149:2 178:4,5 marked 48:4,13 171:23 150:19 49:6,8 50:17 172:2 162:13 man 50:16 54:5,7,9, 173:12, 165:3 72.9 62:4 12 55:20 18,21 169:25 119:19 82;17 65:16 177:5,11 172:12 183:12 83:6 67:7 179:23 173:6,22 man's 100:16,25 71:11 180:5,8, 180:13 183:12 101:24 72:9 24 184:19 183:7 108:22 74:22 185:4,18, 186:19,21 manage 166:12 77:4,11 20 190:6 22;16 191:8 174:12 78:6 23:3 183:25 79:11,16 marty'e kes ma31:20 management 8:1,17 :13,14 21:20 market 844 43:7,9,17 36:22 154:1,6 22:1 85:5 44:16 56:24 marking 93:7,:210, 47:19 61:8 managing 100:18 55:24 86:11 88:6 22 94 65:16 117:16 135:6,7 Marra 95:6,8 6620 126:23 137:11 92:12 96:3,9 76:2 150:10 148:3 Marrett 79'10 109 : 109:21, making manual 140:24 23,24 84:11 14:14 127:13 145:14, 110:10, 95'2'7 19:2manuals 20'25 13,14 110:4 21:16 111:23 146:11,24 116:5,14, 117:23 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 121:22 125:3 155:18 Mary 171:20 mask 160:2 match 119:6 122:1 Mathematica lly 121:4 Matt 25:4 matter 4:23 25:18 33:19,20 34:6,17 36:13 37:23 47:16 61:8 128:7 134:2,3,8 160:17,18 165:7,24 166:19 190:13,25 Mckenzie 14:17 Mcknight 24:22 meal 32:19 meals 95:6 meaning 20:2 30:3,11 168:9 meaningful 46:7 187:19 means 27:19 29:10 59:18 124:2 meant 66:24 69:20 mechanics 65:20 mechanisms 23:18 media 112:9 meekly 16:8 meet 25:21 26:4,7 30:13,25 45:17 48:25 50:10 51:1 77:10 84:13 85:24 95:17 105:21 123:17 179:7 meeting 14:16,20 23:2 26:2,15, 20 27:15 29:18,23 30:13,16, 19 32:5,6 33:1,3 43:1 46:10 47:23 48:3,11 50:2,14, 19 54:9 55:20 63:23 65:12,13, 14 67:12, 14 91:14, 15 118:6, 7,18 158:3 180:24 meetings 40:18 111:18 135:7 137:5 148:12 166:25 Megan 4:1 member 13:3 17:4 104:8,15, 16,18 141:17 members 9:22 12:22 17:1 81:18 94:3 104:14,21 128:15 140:4 141:9 181:3 memo 119:17 memorandum 93:17 103:16,21 104:1,2 memorializi ng 103:18,22 133:15 memories 159:23 memory 59:16 62:19 men 37:2 40:8 76:9 mention 64:5 mentioned 29:19 34:10 55:18 57:1 114:11 146:12 181:2 184:16 MHO 50:18 109:10, 12,13 merge 131:13 Merit 138:25 Mesa 140:19 145:13, 20,25 mess 149:25 177:12 met February 24, 2016 Index: Mary -mill 14:20 26:8 31:15,16, 24 38:16 52:24 62:25 63:4,12, 13 81:19, 21,22 84:1,16 105:24,25 163:14,17 168:8,13 169:6 173:23 179:8,23 181:12 183:9,10 meter 162:19 Miami 13:5 32:11 Miami Ia 130:5 156:12 Miami-dade 84:22 87:7 mic 6:12 mid 179:25 181:15 middle 17:9 31:19 72:19 124:6 163:5 mill 25:12 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: million -mystified million minutes 153:11 58:4 Mulberry 124:17 40:22 30:12 money morally 151:20 42:3 18:5 23:2 36:24 Muller 159:4,5 131:14 28:13 120:6 170:3 155:13 Morgan 29:5,15 191:7 122:3 multi - millionaire 41:12 billion - s miserable 59:14,15 morning dollar 122:1 165:3 60:9 4:16 53:10 mind mistake 66:16,19 43:16 75:4 95:18 multi - 25:14 104:8 76:15 118:17 million - 28:24 mistaken 82:9,12 141:13 dollar 54:8,16 54:15 85:11 143:1 40:22 85:9 100:21 80:25 109:14 mother multi -state 104:23,25 83:24116:2 119:14 137:12 84:15 117:17 136:2 86:5 119:3 motivated multination 147:14 113:22 124:25 66:16 als mine 150:17 128:16,17 motivation 21:21 86:2 151:12 129:6,20 33:19 multiple 155:24 171:7 150:22 34:5 35:7 30:8 160:22 174:4 158:17,21 37:6,23 165:10 misundersta 159:3 40:15 mumble 189:16 nding 165:2 162:11 5.2 Mine's124:22 169:19 municipalit 170:5 motivation' ies 38:7 Mitch 181:19 s 30:6 ministry 169:4 185:13 36:3 72.25 45:7 187:6,16 motivations 147:11 monolithic minor Mitchell 173:8 35:12 181:3 72:20 166:25 36:15 municipalit 109:13 167:3 month 37:8 122:12 31:23 47:17 y 141:20 modest 68:16 61:7 84:22 87:20 74:2,23 69:21,23 182:6 minority 127:22 94:6 murder 9:13,17, 135:5 mountain 47:8 16 10:13, moments 133:16 136:6 138:4 15 11:8 181:13 mouths Muslim 24:6 Monday 34:11 28:14 83:25 months 31:11 Muslim - 45:1 64:1,19 7:3 30:18 move 121:12 133:21 46:9 79:4 americana 9:5 134:25 121:20 minute monetary 136:11 130:13 mystified 54:16,17 127:22 165:11,16 178:9 133:11 129:11 Monty ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: mystifies.. November mystifies 173:14 85:20 107:13,21 160:9 128:24 necessity 140:3 110:16,17 161:6 141:24 111:3 165:19 102:5,12 N 103:1 newspapers 137:23 North 12:23 nodding 37:3 neck naive 169:2 nice 5:20 171:1 67:19 needed 14:5 non- - not-for- 32:16,17 attorney profit Nakomis 68:5 42:25 135:13 56:18 30:12 needing 48:13,18 79:18 named 74:8 65:15 non - 102:6,13 attorneys 26:2 Needless 71:11 180:23 103:2 84:10 161:11 81:21,23 notable 96:3 130:1 non- 97:13 nefarious 158:4 negotiables 28:24 120:6 29:4 159:16 127:16 29'9 161:7 negative 168:9 non- notarized names 151:23 169:5 normative 72'22 138:21 157:13 172:16 14:23 86:13 173:20 181:22 notary Nathan nonevent 25:2 negotiate Nick 13:18 4:2 114:5 60:10 131:15,22 26:10 notated national 133:12 12:18 negotiated 136:1 nonexempt 51:13 nationally 126:16,19 137:18 15:18 notation 28:9 152:13 145:13 nonissue 50:17 negotiation 156:10 75:7 note nature 128:9 night 177'8 25:5 33:2 nonprofit 67:21 150:23 32:2,3,4 27:22 noted 72:6 95:1 negotiation 42:16 54:2 132:21 100:1 a 43:9 56:22 133:10 132:11 133:14 46:6,9 57:20 146:5 178:16 63:5 58:22 notes 150:23 69:10 77:9 6:25 nemesis 142:9,20 80:15182:15 8,11,14, 14, navigate 171:25 16,18 96:6,7,15 10:23 neophyte 130:2 27:7,11 111:15 58:14 nights 91:19 187:12 1 31:24 Neapolitan notice 95:1 news no-win nonsense 153:13 112:12 149:20 143:15 183:17 necessarily newspaper 157:25 55:18 12:17,23 noble 158:14 notorious 56:9 70:2 13:16 105:15 nonsensical 47:1 90:23 106:2,4, 44:1,3,14 13,19,24 159:8 November ESQUIRE Esqu�e o��ons.com) JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: nuance -offering 175:17 30:14,17 129:15 181:13 69:22,23 nuance 37:21,25 131:5,16 182:10,14 observation 43:4,24 132:1 183:8 35:7 12:18 47:24 133:13 188:9 nuclear 49:25 134:19 obstruction 168:22 50:18,19 136:13 O'hare's s 188.5 number 51:12 137:4,5 10:23 7:8 11:18 54:14,21 138:9 oatmeal occasions 12:12 55:1,11 139:8,14 29:13 57:5 24:20 56:11,13 140:9,10, obeyed 33:7 57:7 59:6 25 141:9, 20:23 occur 46:21 61:20 23 143:18 53:3 57:5 62:21 145:13 object 170:7 62:5,12 63:23 146:21 64:16 occurred 68:25 65:1 66:2 149:4 96:25 26:20 74:12 72:3,11 152:13 134:13 81:22 74:13 154:22,25 159:10 occurring 116:18 75:11 156:2 objected 134:21, 123:25 76:18,19 159:14, 79:21 22,23 131:10 80:16 19,21 164:10, 177:1 136:12 81:4,9 161:1,3,7 11,12 October 141:17 83:17 164:11 184:11 101:13,17 167:16 86:18,20, 166:22 175:24 182:9,11, 22 87:9, 167:14 objection 23,24 172:20 35:5 39:3 offended 21 88:6,14 173:12 61:2 81:6 49:11 numbered 89:3 175:13 92'3'9 offending 108:25 90:15,20 176:20 99:9 20:3 numbers 93:4 177:12 100:12 offense 67:7 94:7,9 178:13,23 132: 5 129:11 97:10,12, 180:24 152:25 52:8 18,22 177:8 offensive numerically 98:5 O'boyle's 184:13 15:12 25:14 84:5 99:24 91:25 objections offer numerous 102:23,25 165:23 133:10 65:20 170:10 103:17,21 190.7 134:3,12, 66:3 104:4,10, 14 88:16 25 105:8 O'boylea 131:9 p 108:6,8, 142:11 objective - 35:4,6, 153:10 O'bolye 13 109:11, O'connor 13,18 offered 65:12 15,25 161:21 38:13,17, 42:23 116:2 176:7 24 40:14 66:4 O'bo le y 11 6:4,14, O'hare 58:24 131:4 24:21 25 123:4, 173:15 110:4 offering 25:19,21 9 125:8, 179:1,3 objectives 29:15 26:3 11 128:17 180:25 37:8 61:7 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: office -package 158:10 one-on-one opening opposed 34:20 169:18 53:16 16:15 17:1 35:10 182:23 140:23,24 17:13 34:24 112:12 office one-time 16:17 79:6 original 14:3,5 9:9 operate opposing 7:22 21:23 one-year 23:19 147:17,24 originally 22:5 105:15,19 151:25 93:13 136:21 28:17 operated op 153:2 183:20 33:4,16 ongoing 154:15 38:19 20:11 53:2,5 other's 72:17 opposite 42:18 33:25 169:8 125:23 176:4 47:21,22 102:15 outlined 48:6,7 152:19 operates opted 93:17 64:5 71:9 22:14 42:24 89:25 open 11:22 27:22 option outs 90:6,15, 12:21,24, operating 168:22 178:2 18,19,21 25 19:8 104:23 overcharged 91:5,8,13 20:6 183:14 options 23:13 94:11 26:5,13, 14:25 95:8,13 operation overnight 120:13 165:15 order 50:9 92.24 120 27.4 142:22114:6 21,22 operative 96:14 155:25 28:6 31:1 147:11 167:24 overtures officer 36:20 opinion 186:23 168:14 46:16 37:13 19:8 ordered overwhelmin 81:1,2 48:4 56:20 32:8 g 97:15 52:18 60:23 120:9 122:9,11 55:25 71:22 orders officers 56:5,9,23 134:3 106:8 owe 159:3,4,5 46:18,23 67.22 165:6 organizatio 112:17 73:16,21 176:2,16 n owner 76:8 177:21 8:19 104:8 offices 82:1,6 182:18 9:13,15, 14:2 87:3 20 17:20 owns 28:17 88:11 o p inions 34:7 9022 71:7 95:20 181:18 56:23 30:22 85:24 107:4,16 opportunity 112:9 141:14 117:7 11:11 117:18 p official 134:8 20:19 organizatio 38:2 140:15,1754:11 p.m. 141:1 119:21 no 9:11 54:18 officials 142:1,15 121:11 100:23 18:18 179:11 141:23 10:17,18, 91:14 180:21 149:23 20,25 138:13 94:18 181:16,24 155:21 11:1,2,12 191:9 185:24 162:5 12:9,11 package ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: pages -people 158:4 88:1 parties 9:1 39:9 20:10 142:23 94:22 41:12 146:15 pages 101:20 180:21 partner 66:4 160:9 108:25 Park 19:10 68:22 Pennsylvani 167:22 6:5 88:6 69:2 a 168:1,2 137:11 73:8,11 65:7 Parkin g 75:3 174:18,22 65:16 partnership 79:11 penny paid Parks 149:22 85:14 20:22 8:19 9:1 36:25 party 106:14 39:9 18:19 75:24 120:10 115:20 20:22 Parmesan 161:9 124:16 170:6 23;9 63:11,12 138:5 185:9 people 28:20 Part 144:9 11:2,4 59:6 8:25 pass 169:19 16:16 60:17,18 26:17 52:10 179:17 18:18 85:14 27;13 passed 181:19 21:23 128:1 39:7 40:9 18:24 paycheck 24:6 140:6 45:18,20 31:4 65:4 8:8 70:25 28:4,14, 144:6 56:6,7 87:25 22,23 152:15 67:2,21 payers 29:6,19 179:17,18 68:3 77:5 Passionate 147:10 27:21 3:19 3 pain 79:17 28.25 paying 34:15 68;7 85:10 29.10 23:14 35:8,9, 74:24 89:5 43:14 31:10 10,17,22 152:5 97:17 57:17 60:9,10 36:7,15, Palace 102:11 73:16 74:6 17,18 174:3 110:3 87:19 37:15 112:19 past 117:4 42:9 Palm 116:2 77:16 128:24 44:12 26:8,9 118:23,25 pastor 138:5 45:12,21, pancakes 122:19 130:15 143:10 23 46:10, 29:13 124:15,19 180:18 20 47:3,5 128:8 pastrami 52:5 Panera 135:23 32:6,7,14 Payment 53:21 63:2 150:4 pat 153:11 57:6 paper 154:8 152;9 pays 58:19 36:12 178:21 128:21 59:19 patience Paragraph parted 152:8 peaceful 66:25 101:24 85:12 11:10 67:14 patient 37:18 71:17 102:1 participate 19:14 91:14 103:13 d 121:10 110:12 paralegal 102:22 Pause pedophiles 116:11 33:6 particulars 77:20 34:7 117:6,22 87:11 26:21 pay pending 122:5,6 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: people's -platter 125:2,19 periods perspective 163:15,25 30:9 130:22,24 13:9 12:1 photograph 32:11,18 142:2,3 perpetually 39:11 86:8 38:6 164:16 40:9 74:15 173:7,11 51:15,16 44:25 Photography 86;7 180:13 persnickety 57:10 12:11 94:23 people's 71:13 56:13 Physical 127:25 69:21,22 115:11 65:8 90:15 148:4 114:14 person 88:12 Pick 165:10 31:16 102:14 placing perceive 51:25 180:22 161:14 127:13 57:19 55:23 perversion P picking P g perceived 63:13 184:24 70:7 plaintiff 156:23 106:15 185:15 Pickle 21:5 109:23 25:18 percent P Peterson 32:9 57:12 113:8 19:25 114:1,8, 25:2458:6 picky 52:23 9,20 52:23 71:23 59:11 53:1,3, 138:24 60:8 12,13 157:12 picture 130:9 72:18 162:1 philosophic 52:15 163:18 al 162:14,21 135:25 179:17 116:19 piggybank , plaintiff's 185:2 82:9 personal 148:10 58:13 percentage 157:3 pilot 7:7 13:22 plaintiffs 123:25 14:15 philosophic 64:18 57:1,11, perception 26:1 ally Pinkett 16 161:8 121:4 56:24 56:2 24:24 plane 173:16 88:8,24 88:9,25 perfect 130:21 117:2 piss 28:23 44:16 141:12 86:6 147:17,24 phone 185:21 136:14 160:7 5:13,19 pissed 172:12 38:1,2 planes perfectly 6:13,17 109:21,22 64:18 58:5 Personaliti 14:7 66:17 es 25:23 110:14 planned 70:22 88:5 27:17 pissing 157:8 performance ersonall P y 48:14 119:6 planning 21:4 62:23 122:1 16:25 148:1 27.24 63:3 77:5 pitchfork 157:9,10 period 60:4 81:20 171:22 109:5121:6,7, 92:15 plans 110:22 99:12 pizza 29:4 15,16 periodicall 148:1 100:8 174:3,4,9 plate 149:18 116:18 place 59:13 y 8:16 161:1,3 147:19 17:18 platter 156:1 20:23 149:22 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: plausible..prerogative plausible 84:9 16:21 123:2 142:2 97:12,18 point 18:14 132:9 practice play 25:15 19:20,21 134:16 25:5 20:24 144:21 125:3 28:1 52:11 131:13 30:5,6 21:2 149:20 56:6 164:15 33:21 28:17 positive 64:3,10, 40:12 played37:4 45:20 66:22 14,20 136:20 50:12 121:12 positively 65:1 56:10 67:20,21 playing 64:25 160:16 67:1 114:7 17:6 72:13 pony possibility 115:16 plead 82:14 140:22 169:11 116:24 124:6 90:22 pool possibly 135:12 92:6,16 43:11 137:13 pleasant 97:1 69:15 131:2 131:2 157:23 26:15 104:3 177:4,15 72:9 105:7 poor postage 178:12 81:23 129:5 9:13,17, 73:21 88:7 132:19 18 10:13, practicesposture 95:21 142:13 15 24:6 150:11 99:2 156:3 170:15 28:14 practicing 159:15 176:8 39:9 Pot 154:4 172:9 180:6 45:1,8,20 28:23 prebankrupt pleased points 49:22 potential cy 146:25122:6 93:6,7 33:10 165:19 147:25 146:13 131:23 51:24 148:4,7 173:22 147:6 Predatory police 22:5 pleasure 37:17 pop potentially 70:21 111:24 127:5 preeminent 46:18,22 19:8 108:10 86:7 popping 153:8,18 plentiful 122:10 32:25 165:18 prefer 33:1 177:22 5:8 8:3 71:19 policies plenty 111:20 portal Pound preliminary 159:13 19:20 39:9,21 74:9 policy 58:8 163:16 plethora 128:3 portion 124:19 52:18 132:1 110:7 157:17 Preparation 133:13,19 portions 7.6 plug power 131:13 political 129:11 14:10 Prepare plumb 17:3 position 15:6 ? 56:21 7:17 16:16 2020 67.2 Polk 41:19,25 19:3 prepared PMJA 9:20 11:5 71:17 117:20 156:25 9:1B 13:18,19 97:6,9 powerful prerogative 10:15 14:18 104:4 ESQUIRE 800.211.DEPO (3376) Esquire Solutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: present -proposals 98:4 160:5 146:16 19 119:8 17,20 present prevail 174:6 121:19,20 profanity 21:3 60:22,23 180:24 124:11,14 16:14 97:24 61:1,12 prison 125:14 127:12 Profession presented preventing 46:3 130:20 137:23 178:19 34:17 private 131:4 profession presently previously 23:3 46:4 148:5 lly 8:1 25:3 34:21 141:12 160:6 149:18 49:6 179:20 172:15 president 86:21 privilege 182:23,25 Profit 25:24 189:20 23:21 80:25 108:22 97:1,5,25 190:9,20 129:6,8 105:12 143:17 98:25 108:9 173:25 99:2,11 problematic Program 140:7 174:24 102:15 125:17 7:24 175:12 132:7,13, 128:12 22:14 press primarily 17,18,25 151:5,6 53:17 128:15 9:19 134:13 152:21 prohibitive 156:25 11:18,22 135:10 problems 73:13 157:1,5 150:8 158:7 140:3 187:23 56:25 project primary 188:2,6,8 57:9 73:5 8:20 pressure 6.7 7'21 88:20 71:25 privileged projects 120:1 principal 98:15 Proceed 112:6 135:11 19:7 132:12 164:8 prolific pretend 24'21 privy proceeded 75:10 160:23 37:12 17,20 14:22 58:21 159:7 promise pretty 141:25 pro 29:15 15:13 19:16,17 Process 149:15 30:22 Principals 25:6,17 58:20,23 89:3 60:15 prompted 34:4 69:7 54:13 43:7,14 print 146:14 111:16 52:15 114:4,5 150:14,18 127'21 proper 59:10 152:5 190:25 176:23 P 66:14 82:20t 153:16 produce properly 67:3 Problem 126:4 53:9 73:22 prior 127:3,4 78:6 9:8 21:16 4:21 20:5 136:5 proposal Pro P 87:15,20 27:1,10, 36:14 162:6 150:19 88:13 11 43:2 , 39:5 58:5 184:7,19 169:10, 89;5 5,23 73:5 60:8 186:16 21,22 113:22 86:19 68:14,17, 170:5 123:3 87:22 19,20 produced proposals 135:1,20 138:17 79:24 20:3 42:5 169:4 157:1 144:23 116:1,20 127:5 117:1,2, 167:15, ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE Index: proposed.. putting proposed prudent 47:21 142:4 purchased 93:12,13 39:21 51:2,17, 144:3 141:6 proposition pub 18,20 147:9,11 purely 162:22 168:9,10, 52:19,23 161:23 29:12 18 53:1,8,9, 162:3,11, 38:24 propriety 19 54:22 23 163:7 146:5 public 55:16 172:24 51:9 4:2 9`2'4 57:5 176:13 89:12 prosecute 104:18 47:2 10:19,21, 58:14 177:16,17 24 11:24 59:8 178:4,6, 163:18 Prosecuted 12:13,15, 60:1,2 21 187:18 46:3,12, 16 13:5, 61:10 179:15,20 purportedly 14 12,14,23 69:25 180:25 117:12 prosecution 14:12 71:8,20 181:5,6,8 purpose 18:13 15:1,15, 72:15,16, 182:1,6,9 77:16 122:8 24 16:20 24 73:7, public's 134:17 17:11,14, 18 79:24 prosecutors 15 18:15, 84:6,22 70.4 purposes 46:8 18 19:3, 86:9,16 public- 7:6 protected 11,18,22, 91:14 operated 174:11 158:22 23 20:9, 94:14,18 23:19 pursue protesting 11,13,16, 105:23 P ublicallY 111:2 17 21:1, 106:8,22 53:5 39:5 12,17 107:12 push protestors 22:10,21 111:17, publicly 158:5 37:16 23:11,18, 19,20 72:17 pushed provide 25 24:1, 112:7,20, 125:22 158:6 22:16 7 9,11,15 21,24 published 59:6 26:13 113:21 94:17 put 27:10,12 114:5 7:24 167:3 28:20 116:2,6, Publishers 10:23 174:1 29:22 9,14 140:3 12:8 provided 30:5,7,23 117:10, 141:25 25:11 131:18 33:3,6,7, 11,2542:23 publishing 133:18 15 34:8, 118:1 111:25 48:6 167:1,11 22 35:3,75:18 120:4,17, 174:23 20,24 19,21 Publix 94:15 178:11 36:2,4,22 121:6,16 39:6,8, 118:11 189:10 37:20,22 122:24 12,17 147:13 providing 38:1,2, 124:20 pull 151:2 178:15 18,24 125:23 82:23 185:23 39:8,14, 126:24 187:7 province 22 40:3, 128:16,25 pulled 190:19 144:13 12,18 130:18 185:18 putting provision 41:8,13 134:6,18 pulling 41:19 59:24 42:2 139:9,14 148:9 66:10 46:4,6,19 140:22 78:5 C)ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE n qualified 158:25 quality 49:21 61:9 71:13 113:18 question 5:4,22 10:5 27:6,9 38:22 78:4,7,8, 9,13,15, 19 79:2, 3,4 92:6 96:19,22 98:7,17, 22,24 99:5,8, 15,16 100:10,13 104:23,25 131:22 133:4,6,9 139:12 154:10 163:9 169:16 175:22,23 186:14 questioning 149:6 questions 4:24 5:2, 15 6:10, 18 91:25 92:17,20 102:17 132:3 139:17 180:14 quick 37:7 quiet 78:12 quit 21:22 23:5 24:8 110:2 118:9,20, 22 119:18 134:10 135:15 149:11 156:4 quota 135:4 136:4 quote 16:9 36:23 145:24 R races 69:17 racist 137:24 racked 16:4 radio 45:8,10, 11,12,14 raise 39:8 132:23 raised 125:16 rally 11:10 121:10 ramificatio ns 147:7 range 143:18 rapport 142:4 rare 22:6 59:10,12 153:24 rate 53:11 rationale 59:4 132:22 re -notice 184:4,5 re -read 7:4 reach 66:25 reached 55:4 170:10,13 171:15 reaching 63:3 read 6:25 7:2 13:9 15:22 44:1,3,15 174:20,22 readily 123:18 reading 12:17 13:16 February 24, 2016 Index: qualified -recall 101:21 175:1 ready 79:9,11 158:5 real 11:2 2 5: 13 26:5 41:7 54:10 56:22 69:4 71:24 73:4 100:3 140:20 147:8 149:15 169:3 reality 37:10 realize 16:16 18:18 22:13 realized 19:3 24:6 135:6 reared 129:24 reason 10:16 16:18,22 35:19,23 36:9 37:17,21 39:7 4 0: 13 53:13 61:5 70:5 76:8 94:20 115:9 150:5,6, 7,8 155:20 164:20,21 184:10 185:25 reasonable 59:24 68:23 128:10 reasons 38:7 54:2 56:24 71:6 94:12 125:18 128:12 129:17 135:16 161:6 172:23 181:7 recall 9:10 26:10,17, 25 29:21, 24 31:4 32:23 38:20 42:15 43:16,19, 20,22 44:3 48:12 50:3,4 55:2 63:25 65:5 75:14 84:7 90:4 95:23 96:13,22 101:13 103:16,20 108:19,20 138:21 4)ESQUIRE 800.211.DEPO (3376) S o l Y T 10 N 5 EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE Index: receipts.. reflected 139:16 100:23 11,21 71:8,20 179:15,20 141:2 138:13 17:2,10, 72:15,17, 180:25 144:20 191:9 12,14,15, 21,25 181:5,6,8 145:21 18,24 73:7,18 182:1,7,9 recognize 163:16 49:13,23 18:3,4, 79:25 rectified 168:2 12,15 84:6,23 101:3 126:13 170:13 19:3,12, 86:16 175:15, 150:3 18,22,23 94:14 red 173.9 18,23 20:2,9, 105:24 115:20 176:3 recollectio 11,13,17 106:17,21 redacted 179:22 n 21:1,12, 107:12 42:7 180:6 32:24 17 22:10, 111:15, 181:12 43:6 20 23:8, 16,20 redaction 182:1 44:5,18 11,25 112:7,20, 42:6 183:10,15 50:24 24:1,2,3, 24 113:21 reduced 186:1 55:17 7,9,11,15 115:25 20:21 187:2 62:5,11 26:13 116:7,10, 63:20 27:11,12 14 redundancy receipts 83:7,12, 28:12,20 117:10, 64:22 104:19 13,24 29:22 11,25 reevaluate receive 123:6 30:5,7,24 120:4,18, 24:5 51:19 150:16 33:3,7,15 19,21 129:14 record 34:8,13, 121:6,16 refer 7'21 received 5:6 16:14 16,18,22 122:24 51:18 103:20 86:9 35:3,18, 123:9 110:12 104:2 91:20 19,20,24, 124:5,20 127:15 99:4 25 36:4, 125:2,23 referal 100:7 8,23 126:4,24 51:20 receiving 106:8,23 37:20,22 127:4,6, referrals 9:10 132:15,22 38:1,18, 7,8,14 109:11 103:16 159:11 24 39:1, 128:16,25 183:15 162:12 22 40:3, 129:15 referred recent 174:2,3 12 41:8, 130:18 57:6,7 52:14 177;8 13,20,21 134:6,18 135:9 42:2,4,11 139:9,14 136:13,15 recently records 46:19 140:22 180:4,7 11:14 9:2,4 47:9,21 142:4 referring 19:18 10:19,22, 51:2,17, 144:3 36:19 24 11:24 19 52:20, 161:23 17:15 40:11 12:13,15, 24 53:8, 162:3,6, 52:5 175:11 16 13:6, 9,19 11,23 109:4 receptionis 8,12,14, 55:16 163:7 111:4 166:16 t 17,23,24 57:5 172:24 120:7 14:8,12 58:15,24 176:13 reflect 15:1,15, 59:9 60:2 177:16,18 83:7 recess 19,24 61:10 178:5,6, reflected 54:18 16:1,6, 69:25 21 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: reflects.. request 102:19 relating 62:13 removed representat reflects 83:3 remains 148:3 ion 101:17 Relations 165:17 164:7 19:8 8:21 remuneratio 20:12 refrain remedial 134:12,14 34:10 20.4 n representat relationshi 115:25 9:11 ive refresh 97.2 p 127:10 render 62:4 98:13 28:19 remember 177:21 130:8,9 refreshes 43:2,3,23 1 62:11,19 81:8,13 262 represented re 1 118:14 refunded 83:17 27:14,15 158:17 24:11,16, 23:15 85:7 29:13 21,23,24 97:20 rental 25:2,4 refuse 110:12 31:17,21 118:12,15 87:11 98:23 115:10 32:5,19 155:2 89:15,23, 48:1,2, refused 116:13 10,20 renting 24 85:15 151:22 50:8 118:12 107:11,25 113:15 186:10 52:17 151:24 repeat 166:5 refusing relationshi 53:23 5:3 96:18 168:6,7 99:15,18 ps 55:19,22 100:7 51:24 64:7,8 repeatedly representin 146:6 90:23 125:17 g regard 157:6 93:9 137:8 25:3 149:17 release 109:21,24 repeating 52:6,16 regarded 157:1 120:15 79:6 148:1 12:20 158:7 123:15,16 153:22 138:20 report t 154:3 registratio releases 141:13 122:15 158:8 n 157:5 142:19,22 reporter 166:4,22 83:4 relevance 143:1 4:2,5,9 170:15 regular 92:3,9 163:22 5:12,21 represents 45:5 167:5 13:4 166:1 129:21 relevant 168:21 78:15 92:6,21 171:24 186:8 reputation regularly 19:12 relief 178:25 reporters 107:15,24 28:7 57:2 66:11 181:11 13:3 request rejected relieved 182:20 184:14 12:16 71:9 76:6,13 186:3 1 5 57: 157:5 13:23 14:15 relate religious reminder represent 15:15 9:5 92:17 10:25 5:12 4:18,23 17:8,12, related reluctant 57:24 14,16 142:7 remove 98:10 24:1,15 24:11 79:23 103:4 30:5 112:6 rely 162:11 146:22 33:15 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: requested -retention 34:22 40:3 42:3 reservation 29:1 responsibil 35:3,15, 47:21 a 53:21 ity 24 36:10, 52:24 142:23 66:12,20 76:7 23 38:1, 53:9 122:17 112:3,19 reserve 4,18 69:25 165:22 114:24 60:6 40:12 71:3,8 184:18 169:23 41:8,14 72:15,17, residence 185:13 responsible 61:8 22,25 6:7 respect 82:12 86:13 84:6,23 resign 24:14 105:24 112:20, 134:1 59:17 responsive 106:15 21,24 155:187:16 75.21 107:3,5, 113:1,2,3 127:5,8 6,8 116:7,10, resignation 93:4 93:11 146:5 rest 113:22,25 15 129:23163:17 123:11 117:10,11 139:6 respond 124:12 118:1 154:20 53:8 169:8 130:18 120:4,18, 155:8,11 130:19 139:9 19,21resigned 186:24 restate 162:1 122:24 7;17 responded 103:19 172:24 123:9 129:25 109:13 restaurant 178:5 124:21 133:22 161:22 9:23 180:25 177:16,18 138:15 171:18 32:18 181:5 178:6 156:25 63:10 182:7 181:6,8 158:23 response 65:18 requested 182:1,10 16:14 69:9 resigning 36:24 106:22 required 138:17 37:22 restroom 184:7 19:19 52:24 6:1 96:14 resolve requester 58:1 53:5 54:3 result 127:6 requirement 87:17 67:9,17 16:20 requests 103:3 115:24 68:13 51:11 12:15 144:17 147:12 86:12 113:20 13:6,13 requirement 173:11 109:12 116:25 16:21 a 118:21 127:1 resolved 119:4 19:2 96:23 58:3 68:1 131:25 resulted 21:17 requires 132:20 135:21 149:8 24:9,12 148:25 164:9 137:20 retained 27:11,12 29:22 rescind resort 139:2 146:21 30:7 156:13,15 124:3 180:14 180:11 33:3,9 research resource responses retainer 35:17,21, 9:2 19:19 112:17 5:21 33:9 150:7 23 36:8 22:1 122:9,11 responsibil retaliation 37'22 38:24 reservation resources ities 92:1 39:1,22 143:9,10 16:2 146:20 retention 28:3,15 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: retract..sausage 93:5 14 45:13 risotto 143:14 7,13,17, 48:3 32:19 19 109:22 retract Rosa 156:13 55:25 River 36:25 110:8 56:3 137:10 revenue 66:19 130:5 Royce 145:13, 156:12 141:21 67:14 124:18 20,22 review 73:16 road rules 147:3 33:9 86:2 52:14 125:3 148:4 113:14 88:10 Robert 150:3 149:19 129:14 89:1 4:18,23 164:15 180:21 144:15,21 91:15 95:24 Ryan's 111:10,13 97:23 run 148:5 reviewed 117:18 25:12 102:2,11, 7:1,2,5, 121:7,10 24 57:9 58:5 7,11 71:7 125:1 60:11 s 103:17,22 67:24 - rich 136:24 116:22 140:18 Robinson 108:14 sad 171:2,3,9 129:18 122:5 Ring 159:15 123:24 31:2,15, rocket running Richmond 16 38:16 79:25 64:20 sake 80:2,3 170:14,22 42:14,21 98:19 95:15 79:16 rode 131:24 salesman RICO 80:6,25 65:16,17 158:3 21:19,20 92:13 83:14 162:19 49:10 172:22,25 88:2 rodeo Russel sandwich 173:16 89:8,23 129:18 81:1 32:6,7 175:19,25 104:22 Roeder 83:15,19 42:22 178:1,2 105:3,12 7:9 179:4 93:23 rid 108:18 180:2 104:15,20 Sarasota 169:1 145:12 183:9 155:17 13:5 155:8 186:8 85:20,22 ridiculous 156:2 188:1,7 Ryan 154:2 125:6 180:20 30:20,23 sat riding role 31:3,16 43:9,11 Ring's 111:8,10 32:17 57:4 61.847:11,12 rights Rolle 38:1 54:9 rise 124:18 38:16 65:18 8:7,10,19 114:15 42:20 9:5,11, room140:7 43:7,9 15,25 riser55:8 51:12,14, 147:18 10:1,7, 95:13 84:17 25 54:13, 163:13,19 10,11,14 risk 90:19 21 55:22 179:14 11:10 58:10 118:17 61:20 satisfy 27:23 153:4 137:7,15 62:9,17 184:23 34:4 186:7 77:7 185:14 37:11,12, risks 87:4,10, 18 43:13, 59822 rooms 25 88:5, sausage ESQUIRE 800.211.DEPO (3376) 6 O l U T 1 0 N 5 EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 152:3 scale 4 0: 4 scanner 155:5 scenes 71:2 schedule 48:23 91:23 scheduled 12:19 14:16 scheduling 163:18 187:3,5, 18 school 13:19,20 14:7,18 16:21 17:1,4,8, 14,20,21, 23 18:9, 14,23 20:7 21:2 52:10,14 112:17 122:8,10, 11 138:3 science 98:20 scientist 79:25 Scott 4:17 122:3 Scratch 139:19 screw 70:11 122:18 screwed 23:12 screwing 165:14 scrupulous 151:17 scrutinizin g 38:4 seal 14:10 seat 13:11 seconds 77:17,24 78:12 107:6 secretary 155:18 secure 3 7: 11 seeking 34:24 97:3,13, 20 self - unemployed 8:3,4 sell 21:23 22:3 105:17,18 106:9,12 selling 16:23 sells 22:7 semester 106:7 semi 117:17 seminar 11:15 140:12, 14,15,17, 21 14 1: 3 179:20 seminar - type 53:15 seminars 139:10,14 Senate 140:7 a end 13:3,4 86:14 106:5 108:7,13 120:20 151:25 156:9 190:15 sending 11:7 117:25 121:12 135:3 136:17 157:25 158:7 senile 117:17 senior 19:10 sense 8:2 27:15,19, 25 31:20 48:22 51:7 52:1 54:6 56:4 67:10 89:17,22 114:2 157:18 sentence 27:4 separate 41:13 98:6 156:7 separately 107:12 September 182:2 series 4:24 16:20 112:6 serve 17:22 70:21 108:10 served 183:19 service 68:9 services 59:7 set 55:15 56:17 103:12 setting 53:15,16 103:22 163:2 settle 115:22,23 131:5 153:10 settled February 24, 2016 Index: scale -shared 20:1 115:19, 20,21 142:24 151:8,9 settlement 57:14 114:23 115:17 127:2,22 128:8 133:14 137:17 150:17, 19,23 151:11 152:14,23 178:16,18 settlements 115:4 126:16,19 127:2 128:5 129:12 146:4 152:13,20 settling 125:11 129:20 sexual 122:12 shape 187:14 share 72:2,11 145:15 162:9 182:24 shared 43:16 88:19 95:5 145:19 147:15 C)ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 176:8 shed 106:25 sheer 13:10 35:23 Sheila 79:11 95:6 sheriff 11:6,7 121:12 sheriff's 28:16,17 sheriffs 11:17 shit 118:5,6,8 119:18 122:2 123:8 124:19 12 5: 4 157:17 168:10 184:24 185:11,18 186:11 188:18 shitty 123:17 shocked 21:10 22:20 182:5 shocking 16:12 46:21 135:21 shoes 105:16 106:21 shop 55:15 short 50:9 64:1 show 45:8,10, 11,12 4 9: 4 75:15 82:15 133:8 140:22 143:16 166:10 174:10 183:23 185:5 191:1 showed 143:13 159:5 shown 62:14 sick 184:24 side 51:21 57:21 89:18 96:10 110:10 111:13 157:15 162:25 173:8 sidekick 187:17 sides 19:13 124:23 159:19 sign 13:21 86:11 113:14 169:22 181:20 sign -in 86:9 signature 101:11,12 113:16 144:18 145:1 significant 35:7 41:22 167:16 signing 114:9 silent 77:15 silliness 150:2 silver 149:22 similar 12:5 107:5,7 129:18 similarly 35:14 180:16 simple 41:8 simpler 98:2 simply 52:19 59:19 155:20 sin 47:6 February 24, 2016 Index: shed..Sopranos single 3 0: 8 92:5 101:21 168:4 sister 130:15 187:10 sit 95:18 103:6,11 128:25 174:20 sitting 69:14 96:2 142:1,22 situated 35:14 180:16 situations 12:6 skirting 42:10 eland 163:23 slander 91:25 92:6 161:5,17 163:11,24 165:19 slice 174:4,9 slightly 119:11 120:1 slippery 38:5 slope 38:5 small 9:19,22 42:2 smart 65:8 159:22 smoking 86:5,19 so-and-so 130:15, 16,24 social 10:12 11:1 2 9: 12 107:12 socially 14:21 software 7:24 sole 70:20 solely 104:11 146:20 solution 59:1 somebody's 34:5 47:17 73:4 son 67:19 110:6 116:23 165:1 sophisticat ed 116:16 Sopranos 173:1 178:1 O ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: Soria -state Soria 171:12 35:18 spoke 106:20 4:1 sounded 188:24 47:24 107:7 sort 55:14 specificall 62:20 132:4,16 137:16 10:2294:9 soundingY 138'22 13:18 101:24 star 153:4 145:18 14:11 105:13 133:8 16:8 19:1 sounds 145:21 182:14 20:4,7 39:16 182:3,19 spoken start 38:4 24:5 97:5 Specifics 62:6,12 78:25 26:10,12 source 66:1 sponsored 80:4 85:2 33:25 28:7 140:5 113:11 37:5 40:7 189:4 speculate 130:14 48:3 64:17 spot 163:7 50:10 sources 175:17 78:5 91:9 51:15,16 141:21 172:13 spell spouse 190:10 52:2 54:6 South 86:1 46:2 60:14 25:1 26:3 started 65:14 48:1 spend spread 19:1,2 67:9 72:6 84:10 32:3 31:22 21:16,22 77:10 87:6 90:9 60:9,12, spurs 23:10,25 82:7 94:12,21, 15 122:6 58:1 24:4,8 85:11 25 105:16 185:13 27:9 93:16 106:11 189:6 SPY 52:22 95:2011:8 189:7 spending 53:6 99:4 159:24 Squeaky 68:10 104:20 space 164:17 79:8 105:19 90:16,18, spent 80:11 112:18 21 16:3 stack 83:23 113:13 speak 21:18 120:8 84:4,6,20 118:3 4:19 27:3 32'2'4 stacks 135:2,3 128:24 172:5 45:23 120:9,18 145:10 142:6 46:8 47:8 156:3,9 speaker 76:15 staff 149:20 140:6 112:14 9:2 91:4 starting 161:24 147:18 142:9atam 67:20 173:17 p 78:8 94:4 aorta speaking spigot 73'21 136:8 105:18 10:3,10, 119:3 stand 179:13 12 99:3 spite 119:12 state 134:12,14 4:2 5:6 soul 179:16 123'22 standards 10:11 9:22 147:25 114:12,15 11:9 special 165:5 123:18 12:24 sound 40:15 30:3,11 splitting standing 14:3,5 129:22 17'8 91:18 153:19 53:24 124:3 specific spoiled 92:3 19: 9,23 137:23 34:23 151:14 105:16 20:1144 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. corn JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE 22:13,14, 15,19,22 23:2 28:8 33:4,16 34:2 38:19,25 47:20,22 53:6 67:13,16 71:8 102:4 106:21 121:8,9 122:8 126:23 128:3 130:3 142:2 181:8 stated 137:8 statement 7:4,7 64:15 103:9,12 163:20 174:1,6, 15 175:3, 8 statements 92:8,11 125:13 129:16 152:17 178:16 states 12:21 21:24,25 65:6,9 stating 128:9 132:15 stature 107:16 status 96:7 statute 39:16 60:24 statutory 15:21,23 stay 42:24,25 84:11 142:21 164:7 stayed 77:13 79:10,13 84:2,19 85:22 95:2,11, 12 staying 64:4 142:24,25 steal 82:9 stealing 129:22,23 step 59:12 170:3 stepped 148:4 155:17 Stevens 32:11,12 sticking 93:6,7 146:12 stipulated 164:6 stocked 43:10 55:24 stockholder 39:17 stolen 23:15 stop 48:4 109:14 119:19 125:7 157:19 162:24 stopped 48:6 stops 118:9 162:19 store 105:17,20 106:7 Stores 105:15 stories 13:6 28:7,9 story 143:11,15 163:20 straight 14:1,2 118:24 119:16 164:14,15 strategies 20:16 57:15 137:17 straw 133:22 Stream 30:1,5 February 24, 2016 Index: stated -subsequent 53:2 87:12,15 88:3 89:15 92:2 117:12 120:23, 24,25 121:1,3, 17,23,25 122:18 123:7,10, 14 124:11,20 126:15 145:6,8 157:17 161:25 178:7 181:1 182:2,10 Street 6:5 strengtheni ng 70:3 strike 82:4 139:7 strongly 69:8 struck 82:5 131:10 student 67:15 91:16 105:24 138:4 students 106:10 stuff 23:1 25:13 31:19 32:25 33:2 70:24 82:23 116:21 120:10 121:6,7, 16 122:13 155:4,5, 15 158:4 161:18 169:16 172:12 173:2 182:19 185:8 186:2 187:1,5, 18 189:5 stunt 148:9 stupid 125:4 subject 15:18 53:7 126:24 submitted 104:19 subpoena 183:15, 17,19 184:3,4 190:11,15 191:3 subsequent 23:2 44:2 50:9 61:21 94:6 107:9 ESQUI 10E Esqu �eSo��ons.com) JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: subsequently -talk subsequentl suggestion support surprising - y 79:20 141:16 37:7 T 143:6 140:5 158:15 surrounding 171:17 169:10 supported 33:15 T-shirts substance suggestions 141:19 44:22 105:18 50:14 69:1 suppose suspect table 51:7,8,11 93:20 34:6 185:2 29:7 substantive suit 39:7,11 31:22 swallow 26:12 33:13 58:14 47:11 5.2 successful 124:7 supposed 66:10 163:11,23 swear 76:13 20:21 13:8,25 166:1 4:5 133:18 36:21 18:24 175:19 101:15 140:5,6,8 136:23 40:17 suits 41:9 sweet 141:6 sudden 143:22, 80:18 79:13 185:24 110:8 24,25 113:7,8,9 120:6 tactics 158:21 144:4,25 134:6 Sweetapple 59:25 suddenly 145:3,5 137:14 4:18,23 tail 66:9 summary 138:9 7:5 32:15 171:21 sue 46:25 142:19 131:19 17:17 150:11 161:19 takes 119:9,10 summons 151:1 163:12 67:9,17 127:11 66:9 166:11 167:12 68:11 163:24 Sunbiz 183:18 171:2,15, 131:13 82:23 supposedly 23 172:3 184:20,21 sued 83:3,10 46:15 173:23 taking 16:3 17:10 Sunday Supreme p 178:22 22:8 25:6 189:22 26:7 23:13 42:19 128:4 190:13 36:21 87:15 84:15 supremely 55:23 121:18 Sweetapple sunshine 61:11 58:11 125:23 s 12:18 59:22 147:10 111:22 surprise 132:14 158:9 21:15 60:20 127:13 swinging 115:25 suggested 141:20 27:13 119:9 173:10 38:21 11:10 super 44:9,10 sworn talents 19:15 79:13 182:4 4:12 7:4, 121:21 68:24 82:1 7 163:19 69:1 surprised talk 142:13 Superintend 30:4 , 15 5:16 12:7 17;: 15 175:3, 165:9 ant 38:21 37:23 8 188:15 14:18 170:19 48:22 suggesting 128:9 supplied 182:4,12, system 51:4 141:15 122:9 13 119:25 61:24 63:6 ESQUIRE 800.211.DEPO (3376) 11 7EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: talked -things 121:9 45:23 126:3 terminate 188:15 131:16 48:16 technically 53:10 textbooks 133:7 56:8 81:12 terminated 106:10,12 142:17 59:10 137:10 149:8,10 147:18 67:13 thankfully 146:17 154:14,18 72:19 terms 61:15 155:14 77:21 tecum 9:25 10:6 87:17 179:11 78:5,22 187:17 38:18 110:11 180:20 91:11 teeth 52'4 thin g 181:16,20 98:19 157:19 75:18 9:9 13:20 191:7 109:17 85:12,13 15:13 142:22 telephone 96;23 talked 31:1337:20 153:16 52:2 55:2 139:9 40:20 167'7'9' 102:23 149:11 43:11 117:11 46:17 48:14 10,21,22 Terrell 52:2 69:6 52:4 168:1 telling 84:10,12, 70:25 55:24 Tallahassee 53:18 20,25 74:7 78:2 62:23 140:1,11 105:3 85:6 84:4 63:14 142:10 109:24 terrible 104:20 65:19 128:14,15 105:19 67:20 Tampa 129:21 160:19 107:1 68:25 13:5 135:3 176:24 112:18 69:9 53:24 137:2 terribly 115:9 79'22 105:21 157:21,22 52:7 117:20 81:20 107:18 186:2 territory 121:24 84:18 122:10 190:15 96:8,9 125:2 90:3 tangled tells 127:20,24 95:10 158:15 67:4 testified 135:1,20 96:3 tax 109:10 4:13 136:8,17 130:24 49:23 139:24 133:12 31:19,21 template 56:16 140:13 135:16 32:24 131:11,12 72:10 142:5 142:20 33:2 96:5 tea 147:1,2 149:12 97:20 17:10 143:1 143:17 150:18 161:20 102:24 127:9 144:20 151:2 163:15 147:10 159: 18 152:6 165:9 Taylor tend 173:25 156:5 170:14,16 131:15 5:2 6:10 175:11 159:20 172:6 133:12 tens testify 160:19 176:7 136:1 16:5 132:17 162:4 179:9 145:13 22:25 165:12 182:17 156:10 testifying 176:13 terabit 175:18,24 182:21 talking tea 168:2 17:23 76:5 testimony 185:23 28:25terabytes 4:6 174:8 things technical 184:21 175:2,7 41:9,10 72:20 13:1 19:3 4)ES QUIRE 800.211.DEPO (3376) L U. 1 0 N S EsquireSolutions.com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE Index: thinking -times 22:21 25:9,12 threat 26:7,14 141:15 34:3 107:11, 156:24 28:5 143:19,25 57:22 15,25 164:24 31:3,15, 145:9 63:14 111:3 165:18 16,24 151:15 65:24 115:10 33:1,14 154:4 threaten 69:4,9,16 138:24 34:2 159:24 156:19,20 70:4 148:8 40:17 163:14 160:22 74:16 151:14, 41:22 165:9 96:11,14 19,23 threatened 43:1,15 172:7 103:22 109:15 47:8,24 179:19,24 thoroughfar 105:4,18 158:6 48:5,14, 181:25 109:18 es 163:23 15,24 182:14, 39:14 112:15 170:9 51:23 17,18 117:22 thought threatening 53:4 183:5,13 120:19 26:6 109:14 54:25 186:18 125:24 54:10 159:10 56:10 189:6 126:6 70:6,16 168:23 58:13 timeframe 127:3 71:5 72:4 59:15 134:1 98:15 threats 62:20 139:22 137:6 107:18,23 108:7 63:7 timeline 140:14 108:1 159:8 64:25 7:5,11, 146:2 125:17 throat 66:17 12,13,25 147:7,12, 141:22 58:16 67:8,17, 31:19 14 147:20,22 23 77:11, 49:5,16 148:17,25 156:11 throats 22 81:15 77:3 149:6 170:17,18 169:8 89:23 78:22 150:24 171:21 throw 91:10 108:23 152:9 172:21,22 119:13,23 94:9 109:2,3,4 155:23 176:5,17 95:16 110:21 157:14 183:3 throwing 97'7 110:14 times 158:18 185:5 103:7 9:12,23 163:15 190:3,4 thunderbolt 104:3,17 12:12 165:6,8 thoughtful 184:23 105:7 30:8,15 176:16,22 157:12 Thursday 107:6,10 35:20 177:14, 45:11 109:5 36:9 19,22 thousands h 110:21 16:5 46:9 55:19 191:1 111:17 57:2 17:19 time 112:14 thinking 61:25 22:25 5:25 118:13 14:3 23:8,9 8:14,17 120:2,7 62:1,5,12 48:20 81:21,22 124:20 11:20 122:6 67:15 167:22,23 12:3 127:22 19 110:4 168:1 14:17 129:15 149:13 149:1 123:16 178:6 15:18 156:21 132:19 159:6 Thomas threads 16:2,13 133:7,8 163:1 19:7,10 18:13 20:14 136:11 166:6 24:20 23:17 139:13 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: tiny..turned 172:5,6 134:24 touchy 14:12 true 181:7 136:3 184:17 111:11 35:16,21 tiny 141:11 town 117:6 36:16 40:24 149:6 29:25 transparent 37:20 53:19 156:12, 30:1,12 117:5,7 75:9 121:25 17,19,20 38:2,25 125:19,20 86:22 160:21 92:11 123:25 39:21 151:13 162:5 103:9,13 today 163:20 40:3,12, transpired 143:15 4:245:13 169:20 24 4 :2, 72:7 150:10 6:222 183:6 18 477:1 53:2 travel 160:14,17 52:20 tolerance 87:18 62:24 163:3 53:1,12 68:7 95:12 66:5 172:18 92:19 74:23 121:25 67:11 175:3,8 98:11 99:23 115:13 145:6,7 travelled trust 103:6,11 toll 173:14 95:9 119:22 114:17 109:11 178:6 151:19, 181:1 treat 20,21 132:17 162:19 11:4 135:19 182:2,10 152:3 163:21 tone toy treated trustee 166:22 118:19 117:9 11:3 13:7 164:2 175:6 top 24:6 183:16 8:18 toyed 37:15 trustworthy 184:5,8 24:19 69:12 43:21 157:16 88:15 track 44:9,11 truth toe -to -toe 120:16 183:22 47:20 4:6,7 119:8 138:23 traditional trick 92:8 told topica 8:2 4:25 163:21 14:7 26:22 186:2,3,6 15:19 trail trigger 21:15 Toracco 6:10 124:4 truthful 22:23 138:25 training trip 115:15 41:2 75:5 total 111:20 118:16 Tuesday 80:8 85:5 21:3 127:13 187:11 98:15 trouble 31:13 130:22 65:9 turn 105:10 106:13 76:10 transcript 96:12 89:5 108:5,10, 136:12 7:2 79:5 164:15 119:2 12,17 totality 98:14 186:1 turned 109:12, 177:25 174:16,23 troubling 43:8 23,24 totally transmittin 15:3 46:16 110:1,870:17 76`9 g 124:15 119:24 122:25 truck 107:2 130:25 155:7 155:2 131:6,10, touching transparenc 185:5 168:23 17 133:12 40:10 y 189:2 O ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE turns 55:1 16:19 58:24 51:9 60:20 120:17 63:3 130:11,12 69:14 76:2 85:2 Tweel 99:10 U 93:20 95:24 undercover UCC 94:17 96:4,23 11:8 22:14 110:4,6 97:3,14, 121:12 ugly 129:24 23 102:2, underlying 71:11 136:13 5,11,24, 162:3 129:24 150:9 25 178:3 155:15 151:11 103:17,22 understand 97:25 161:22 tying 176:6 186:18 10:21 189:4 unanimous 115:1 135:21 type 15:21 20:3 unbeknownst 10:1,7 72:14 46:21 116:9 12:10 96:4 35:3 unbelievabl 112:8 e ESQUIRE 97:18 84:24 types 115:14 54:22 uncharted typically 96'8'9 34:21 uncomfortab le 178:2,3 99:10 U 154:11,13 190:22,24 undercover UCC 115:5 understandi 11:8 22:14 United 45:3 65:3 121:12 ugly 12:21 74:24 underlying 71:11 21:24 75:11,14, 162:3 129:24 Universal 21 83:16, 178:3 155:15 university 187:10 understand 97:25 5:1,24 ultimate 111:8 10:21 88:18 14:14 115:1 14:24 ultimately 15:21 20:3 58:12,20 39:23 72:14 46:21 74:20 54:12 96:4 ESQUIRE 97:18 unilateral 111:14 115:14 132:22 unilaterall 138:2 y 178:2,3 53:10 190:22,24 115:5 understandi 148:6 ng United 45:3 65:3 12:21 74:24 21:24 75:11,14, 16 76:17, Universal 21 83:16, 22:15 22 89:8, university 10 93:17 105:16 97:25 106:10,11 105:2 111:8 unlawful 114:21 14:14 115:1 52:24 134:17,20 unlicensed 138:10 135:12 141:11 157:22 143:5,8 177:4,15 166:18,21 178:12 180:4 unlimited understands 76:11 58:23 174:8 unnamed 161:9 understood 60:20 unpleasantn 61:19 ess 67:19 156:18,22 88:6 unsavory 120:3 11:13 166:23 unusual unemployed 130:10 118:18 upcoming unethical 106:7 115:15 upheld unfairly 176:11 47:20 UPL unfortunate 180:12 148:13 February 24, 2016 ndex: turns..verified upset 58:7 urging 140:9 USB3 184:22 utter 143:15 utterly 76:9 119:24 V vague 33:21 167:14 vaguely 49:14 variety 103:3 vast 25:15 46:1 59:8 121:2 veal 63:11 vehemently 173:13 vendetta 121:22 verbal 5:22 verbally 61:22 133:25 verified 113:12 114:2 144:17 800.211.DEPO (3376) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: verify -weeks verify 67:25 116:12 40:13,14, 82:8 144:22 71:19 Volvo 15,25 118:21,22 version 72:20 155:3 48:9,22, 119:7 86:16 23 63:5 130:21 159:7 94:14 vouch 69:6,7,11 173:1 versus 124:1 101:7,20 71:3,4,25 ,Hatching 73:11 violence vulnerable 72:3 178:1 153:16 39:14 22:2 84:13 vexatious 85:14 wavelength Virginia 87:1 147:4 160:10,11 96:5 W 93:12 waving vibe 102:24 105:14 73:9 95:1 virtually wait 108:4 115:23 videos 46:7 5:14,16 112:1,7, 94:18 162:24 25 wayswaited 113:11,19 141:19 view 181:8 15:11 114:19 156:8 24:5 visit 158:25 122;6 wealthy 36:22 11:21 waiting 129:17 67:4 37:14 48:23 31:5 136:21 82:8 55:21weapon 45:21 141:16 134:4,5 71:7 144:17,21 160:8 views 181:22 waive 146:19,20 web 132:13 36:17 visited 147:15,19 19:20 13:11 waived 152:6,18 vindicated website g0:2 133:1 155:20 58:17 130:21 156:13 127:18walk visitor 160:20 Wednesday vindictive 86:9 40:21 169:25 84:1 160:20,21 59:1 visualize wanting week violate 7:25 walked 100:1 12:19 37:2 99:1 vivid 147:10 54:9 57:3 violating 67:3 walks 184:24 130:1 86:11 135:4154:2 39:15 vividly Wantman 135:10 32:5 wall 170:15,23 142:19 135:14 158:1 violation warm 166:3 138:4 15:1 vociferous 149:17 18:15165:6 walls 159:23 weekend 115:14 36:13 84:7,8 Volume warned 126:2,3, 191:11,12 wanted 119:18 weeks 25 146:18 12:1 133:24 11:16 177:1 voluntary 13:23,24 14:19 violations 153:13 15:6 wash 30:18 52:19 163:14 22:19 146:19 31:23 53:3 volunteers 36:2 watch 90:25 ESQUIRE 800.211.DEPO (3376) 5 0 L U 1 1 0 N 5 Esquire Solutions.com JOEL CHANDLER Volume 1 of 2 February 24, 2016 OBOYLE -vs- SWEETAPPLE Index: Weidner -working 134:25 wife 161:13 174:21 158:16,20 135:14 48:1,5 177:15 166:17 words 140:16 77:14 wishes 5:3 169:9 157:14 84:12 179:5,25 87:3 149:24 Weidner 95'6'7 126:17 178:25 188:4 142:8,24 189:22 25:4 159:9 wishing work 191:4,5 welcomed 164:23 48:18 8:8,16,23 worked 70:22 49:25 9:716 Wild 8:20 Wells 84:23 Witmer 10:, 9:14,21 11: 11,, 15 170:16, 94:13 30:21 10:14,17, 12:9 23:6 23,24 38:16 25 21:21 willfully 28:13 171:4,8 42:14 34:9,13, 16:17 39:24 West 51:12 45:4 52:4 14,15 William 54:13,21 35:17 26: 60:7 63:8 84:2233 81:8 61:20 65:24,25 42:18 94:13 83:14 62:17 66:21,23 81:10,12, 96:5 105:3 109:13 67:24 14 83:18 102:24 willingness 145:13,20 68:24 85:15 35:11 180:21 71:14 87:10,25 Western 155:22 witnesses 72:11 89:1 90:8 142:24 106:1 46:18 74:5,10 whatsoever win 80:9,13 113:2 116:13 61:5 woman 115:8 187:5 123:19 14:17 83:21 120:13 47:6 84:3,18 whey windfall 85:4. ,6,21 138:2 128:14 85:18 148:14 150:6 106:1,13 8621 158:19 whiff winning 87:1 182:22 85:19 won 89:20 71:15 17:11 90:24 workers 188:18 winnow 19:5 91:12,13 39:5,10 white 71:14 wonderful 94:1,4 working 107:20 wins 79:12 112:8 23:5 Whitehouse 119:7 114:18 118:2 30:21,24 120:11 154:5 winsome wood 63:24 122:15,23 Whites 106:25 124:6 64:2,9 159: 159.22 77.7 45:22 Woolworth's 130:25 80:11 Whitmer Winter 37:2 137:1 81:13 45:6 138:9 145:22 word 85:2,17 84:13 141:18 whore 85:9 8:2 14:23 146:14, 97:2 134:5 28:2 47:2 16,25 1 22: 122:6 wire 87:2 129:4 widely 117:10,25 101:6,7, 148:5 140:16 12:20 123:1151:1 21 129:22 183:12 155:23 ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com JOEL CHANDLER Volume 1 of 2 OBOYLE -vs- SWEETAPPLE February 24, 2016 Index: works..Zollo works 133:25 138:6 22:9 189:18 141:16 89:11 written 151:24 93:15 119:17 York 119:25 144:11 31:4 130:12 138:1,8 wrong you -all 174:19 84:1 18:10 89:7,21 world Young 117:3 24:5 65:5 128:1130:20 32:14 73:15 37:14 74:17 160:20173:10 130:12 106:13 172:11 121:8 wrote worry Youtube 16:5 66:10 12:8 102:8,10 70:23 131:12 76:14,16 Z worse 122:19 Y Z -o-1-1-0 worth 85:19 year 26:7 12:17,22 zigzagging 71:18 15:11 67:15 73:2 25:23 zip worthy 46:9 133:10 33:11 48:18 71:10 49:25 Zollo 50:5 51:5 85:19 wrangling 66:4 90:24 60:13 68:18,23 112:5 wrapped 69:2,16 121:20 74:23 wrinkle 118:20 186:10 124:16,17 128:25 write 140:2 12:24 164:21 13:6 59:16 Years 112:10 12:22 13:10 writing 21:18,19, 13:23 20 23:10 14:16 35:22 86:13 114:14,16 ESQUIRE 800.211.DEPO (3376) Es quire Sol utions. com