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HomeMy Public PortalAboutO'Boyle Transcript - 5/16/161 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 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 TOWN OF GULF STREAM, Defendants. DEPOSITION OF MARTIN E. O'BOYLE May 16, 2016 10:50 a.m. - 5:15 P.M. 555 West Railroad Avenue West Palm Beach, Florida 33401 Stenographically Reported By: RICHARD GREENSPAN, FAPR, RMR, CRR, FPR U.S. Legal Support Job No. 1403046 U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 APPEARANCES On Behalf of the Plaintiff: MARTIN E. O'BOYLE, Pro Se moboyle@commerce-group.com 1280 West Newport Center Drive Deerfield Beach, Florida 33442 (954) 360-7713 Limited Appearance for the Plaintiff: THE O'BOYLE LAW FIRM, P.C. 1286 West Newport Center Drive Deerfield Beach, Florida 33442 (954)570-3533 BY: JONATHAN R. O'BOYLE, ESQ. (Admitted in Pennsylvania) joboyle@oboylelawfirm.com On Behalf of the Defendant Town of Gulf Stream: JOHNSON ANSELMO MURDOCH BURKE PIPER & HOCHMAN, P.A. 2455 East Sunrise Boulevard, Suite 1000 Fort Lauderdale, Florida 33304 (954) 463-0100 BY: HUDSON C. GILL, ESQ. hgill@jambg.com U.S. LEGAL SUPPORT (561) 835-0220 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 APPEARANCES (Continued) On Behalf of Co -Defendant Robert Sweetapple, Esq. COLE SCOTT & KISSANE Espirante Building 222 Lakeview Avenue West Palm Beach, Florida 33401 (561) 681-5523 BY: JOSHUA GOLDSTEIN, ESQ. Joshua.Goldsteinmcsklegal.com Also Present: Chris O'Hare Doug Stacey U.S. LEGAL SUPPORT (561) 835-0220 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 WITNESS: MARTIN E. O'BOYLE By Hudson Gill By Joshua Goldstein EXHIBITS: Defendant's Ex 1 Defendant's Ex 2 Defendant's Ex 3 Defendant's Ex 4 Defendant's Ex 5 Defendant's Ex 6 Defendant's Ex 7 Defendant's Ex 8 Defendant's Ex 9 Defendant's Ex 10 Defendant's Ex 11 INDEX DIRECT CROSS REDIRECT RECROSS 9 DESCRIPTION: 165 64 177 IDENTIFIED: Answers to Interrogs. 7 Amended Answers to 7 Interrogatories Diagram 41 14\1 41 Letter 51 Letter 51 Sunbiz Printout 88 Responses 95 Second Amended Complaint 100 Minutes 143 Doc Entitled "Damages" 154 U.S. LEGAL SUPPORT (561) 835-0220 W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 P R O C E E D I N G S THE COURT REPORTER: Do you solemnly swear to tell the truth, the whole truth and nothing but the truth in these proceedings? THE WITNESS: I affirm to tell the truth. Thereupon, MARTIN E. O'BOYLE, having been first duly sworn, was examined and testified as follows: DIRECT EXAMINATION BY MR. GILL: Q. Good morning, Mr. O'Boyle. You have been deposed before, so can I forego with the general guidelines for how depositions work? A. I prefer that you didn't. Q. This is a process where I am going to ask you a series of questions. You need to answer those questions verbally and out loud so the court reporter can take everything down, because shakes of the head and nods don't come out clearly. If there is something about a question that I ask you you don't understand, please ask me to clarify and I will do my best, because if you answer the question, I will assume that you understood it. U.S. LEGAL SUPPORT (561) 835-0220 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 A. You are going a little bit too fast for me. I apologize. Q. All right. A. I got the verbally out loud and then the second one I missed. Q. If you don't understand something of my question, please ask me to clarify. A. Yes, sir. Q. If you need to take a break for any reason, just, please, let me know and I will do my best to accommodate you. Also try to allow us -- I am going to finish my question before you start speaking even if you know what I am asking, because if we talk over each other it is not clear for the record. Do you understand that? A. Yes. Let me just make sure. By the way, my walker didn't make it here with me, my wife is dropping it off, and when she does, I am going to have to run to the bathroom quickly, so I will just tell you that. Q. Okay, fair enough. A. After the break you were saying something else, talking over each other? Q. Yes. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 A. Okay. (Defendant's Exhibit 1 was marked for identification.) (Defendant's Exhibit 2 was marked for identification.) Q. Mr. O'Boyle, I would like you to look at what's already been marked as Exhibits 1 and 2 for the deposition and just see if you can identify your signature on the last page of each of those documents. A. Yes, they are my signatures. Q. I will state that those are your answers to interrogatories and then your amended answers, and my questions initially are going to focus on answers 7 and 8 of Exhibit 2. So if you want to take a moment to review those, please do so. A. Do you want me to read them first? Q. You can if you want to just familiarize yourself. I am going to ask you about specific things in there and I will go over things in more detail, but if you will read questions 7 and 8, that's what my questions are going to focus on. A. Okay. I assume I can't mark this, meaning ink it? Q. No, because it is going to be an exhibit. U.S. LEGAL SUPPORT (561) 835-0220 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 A. Okay. You'll excuse me. (A recess was taken.) Q. Back on the record? A. Yes. Q. With respect to your answer to interrogatory 7, you listed seven individual paragraphs. Are those all the First Amendment activities that you are seeking protection for in this lawsuit? A. I don't think so. I think they are all the ones that came to mind. I think there is a significant number, a greater number, I think. Q. So that's not a complete answer? A. I think it was as complete as you can get the day it was answered. Q. Okay. Are there events since then that you are seeking protection for in this lawsuit? A. I don't know since then, but I think before then, around then, maybe since then. Q. Okay, what are those activities that are not contained in your answer? A. Well, as I said, this was put together at the time based upon my, my knowledge and recall. Q. Okay. A. And what you are asking me to do is to alter that, and I don't mind accommodating you. A few U.S. LEGAL SUPPORT (561) 835-0220 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 things that I could think of off the top of my head, the -- the town, they passed a decorum ordinance to prohibit speech. The town passed a -- um, a sign ordinance, which prohibited the Pope from coming to Gulf Stream. Q. I'm asking you about activities you have engaged in that are protected. The next question talks about acts by the town that you are claiming were retaliatory. Let's focus on what you have done that you claim is protected by the First Amendment that you are seeking protection for in this lawsuit. A. Right. If the Pope can't come, neither could I. Q. Okay. But what First Amendment activity did you engage in that's not reflected in the answer to 7 that you are seeking protection for in this lawsuit? A. Speech. Q. Okay, what activity of speech, other than what's engaged in there, are you claiming the town retaliated against you for? A. Well, that's a very -- um, it's very hard to answer that question sitting here. If I had known you were going to ask me that question, I would have spent a couple of days and given you a hopefully U.S. LEGAL SUPPORT (561) 835-0220 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 10 complete list or more complete list, but I think the sign ordinance that they passed I think was directed towards me, and I think that sign ordinance also prohibited me from, as an example, of having a hat. To me that's speech. A hat that says Hudson Gill for Mayor, that's speech. Q. Let's focus on what you actually did first and then we will talk about what the town did. So I need, whatever, if you claim there are things that aren't reflected in the answer to 7, and there is a pretty big list we will go through, but I want to make sure that this is what this lawsuit is about. A. Okay, how did I not answer you? I thought I did. Q. Well, because you are talking about hypotheticals in what you could have done. I want to focus on what you have done that's protected by the First Amendment, and maybe it's, it's reflected in here and we will go through those, but I want to make sure there is not something that's not in your answer that you prepared. A. Okay, going back to the sign ordinance, they passed a sign ordinance which made me in violation of the sign ordinance. Q. Okay, and is that what, if you look at U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 paragraph 5, when you talk about running for the commission, are those the signs that you are referring to? A. Not in the answer that I just gave you. Q. Okay, are there other signs that you placed up that you claim were protected by the First Amendment that were impacted by the sign ordinance? A. They passed -- well, the sign ordinance, I am not sure that the sign ordinance that I am speaking of was singularly a modification of the sign ordinance. I am just not recalling as I sit here today. But what I do know is that the sign ordinance they passed I believe was directed towards me and it put me in violation virtually based on whatever I did. Q. Okay. Since that, have you placed signs that have been, that you received a citation for? A. I would have to do a timeline, but I think the answer is yes. Q. Okay, when were you cited under the new ordinance for placing signs up? A. Okay, now, when you say under the new ordinance, I am not sure what you mean. Q. Okay. Well, my understanding, and I thought you were referring to that, maybe I assumed, the town U.S. LEGAL SUPPORT (561) 835-0220 it 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 12 had a sign ordinance in place that was amended and then there was a new sign ordinance in place; is that your understanding? A. Sort of. Q. Okay, what is your understanding? A. I think there may have been a couple of amendments, but I am not sure, but I do know that there was a new sign ordinance, which as an example would prohibit the Pope from coming to Gulf Stream. Q. Since that new -- A. The Pope sign ordinance you are talking about? Q. Yes. Have you ever been cited under that new sign ordinance? A. What do you mean by cited? Q. Has the town given you any type of notice or citation or fine or anything that you were in violation of that new sign ordinance? A. I think Mr. Thrasher -- no formal citation, but I think he -- I'm not sure if scolded is the right word, but said I couldn't have it. Q. Have what? A. The sign, whatever it was, it may have been on my truck, it may have been -- it may have been in a place that I can't find. It may have been for U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 this. Q. And what are you referring to so it's clear for the record? A. Yes, sure. This is a button like a political button about the size, I'd say it's maybe 2 inches by 2 inches and it says Dump or Save Gulf Stream, Dump Morgan. Q. And that's reflected in subparagraph 7 of interrogatory 7? A. If you call it an anti -Mayor Morgan, which I think I would call it, then I think it is in paragraph 7. Q. That's your answer to the interrogatory, correct? A. Yes, that's what I said. I said I think I would call it that. Q. So with respect to that, I believe you said Bill Thrasher scolded you for wearing that? A. I don't know that scolded is the right word, but I think he, um, one of those ones you shouldn't be wearing that, that's in violation, and that kind of -- it was nothing like -- he didn't get out the whips and chains. Q. Okay, was anyone present when he said that to you? U.S. LEGAL SUPPORT (561) 835-0220 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 No. Well, maybe Mr. O'Hare, but I don't z Q. All right, when was that conversation? A. I don't know. Q. Where was that conversation? A. Well, I shouldn't say I don't know. It was after receipt of this. Q. Okay. A. And it was outside the back door of the town hall. Q. Okay, other than having a conversation with Mr. Thrasher about it, have you spoken to any other town official regarding your anti -Morgan political button? A. You are talking about a town official? Q. A town official or employee regarding your anti -Mayor Morgan political button. A. Maybe. Q. Who else? A. I don't -- um, I just said maybe, that's -- Q. Okay, do you specifically remember any other conversations with any other town representatives or employees regarding your anti -Mayor Morgan political button? A. I seem to remember wearing it when I was in U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 the company of Joanne O'Connor. I seem to remember that. And perhaps Skip -- again, I would have to look at a time period, because if I obtained these in October, I sure couldn't have had a meeting in September. So I would have to look at a timeline, but I think it was Joanne and maybe Skip. Q. Okay, did you have a conversation with them about the button? A. If I did, it was short, incidental and spirited. Q. Okay. Have you ever received any written notices of violation or fine or anything like that regarding your wearing the button from the town? A. I thought I answered that already, didn't I? Q. I just want to make sure it's clear for the record. Maybe I misrecall, so. A. Okay, the only person that I recall is having the conversation with Mr. Thrasher, and I used the term scolded, if that brings back your memory. Q. You still wear the button from time to time today? A. Yes. Q. In I guess it's the first sentence of your answer to paragraph, to interrogatory 7, which goes from page 3 to 4, you make reference to practices U.S. LEGAL SUPPORT (561) 835-0220 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 IC religion, assembles, associates with other groups and family members. Are you claiming that the town retaliated against you for practicing your religion in this case? A. We are in paragraph 1, are we? Q. No, no, no, it's before paragraph, it's the first sentence of your response, which goes from page 3 to paragraph 4, just above subparagraph 1. A. Okay. Okay, what's your question? Q. Are you claiming that the town has retaliated against you for practicing your religion in this lawsuit? A. I don't see where you have directed me to refer to retaliation. Q. Well, the question is asking for each occasion of protected activity in this matter, and this matter is a First Amendment retaliation claim. So you are claiming you engaged in First Amendment activity and the town retaliated against you in some way and I just want to make sure we have got everything that you are claiming you engaged in that the town retaliated against you. A. Just as a general statement, I don't think that this is comprehensive, and it's not because we are hiding anything, it's just that there is so much. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 It would be like asking you your grades in every class through high school. You are not going to be able to do that for me, but I think we have done the best that we can here. When you say in connection with religion, when I went over this with my counsel, Mr. DeSouza -- MR. O'BOYLE: I'm going to say you should not talk about communications with your counsel. THE WITNESS: Okay. Q. I am not asking things that you had with previous counsel. MR. GILL: I am also directing to Mr. O'Boyle, you haven't entered an appearance as counsel and it is not appropriate for you to engage in speaking objections because you are not in this lawsuit. MR. O'BOYLE: Just for the record, I stated earlier that I am here for a limited appearance. I am not entering an appearance. Mister -- is it Mr. Gill? MR. GILL: Yes. MR. O'BOYLE: -- instructed me to refer to the Local Rules of the Southern District of Florida. I have reviewed them and I can find nowhere where I am required to file a limited U.S. LEGAL SUPPORT (561) 835-0220 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 appearance. So just move this along. Q. Well, can you answer that question without disclosing what you discussed with your previous attorney? 1C A. I don't see how. Q. Okay, focusing on subparagraph 1, you referenced banner speech from airplanes and trucks, and then you identify a number of dates which -- for the banner planes; is that correct? A. It appears to be, yes. Q. And you flew the banner planes or you had someone on your behalf fly the banner planes around the town critical of the officials? A. First of all, I don't think they were around the town. I think that's an improper statement. Q. Okay. Okay. Where were they? A. Where were? Q. The banner planes that you are seeking protection for in this lawsuit. A. They would have been or could have been in Delray, in West Palm Beach, and I don't know where else they could have been. Q. And the banner planes were flown on your behalf? A. Um, the banner planes were flown, I U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 authorized them, if that's your question. Q. Okay, and then you also referenced a banner truck. How many banner trucks did you have? A. None. Q. Okay. How many banner trucks did you authorize to be displayed in and around the Town of Gulf Stream? A. None. Q. Okay, how are you seeking protection for a banner truck if you didn't authorize one or have it placed around the Town of Gulf Stream? A. Because the banner truck wasn't being driven around the Town of Gulf Stream. Q. I don't think I said driven, but if I did, I apologize. A. All right, it wasn't around the Town of Gulf Stream -- Q. Okay. A. -- whether it was driven or pushed or pulled. Q. Okay, did you authorize the banner truck that you are referencing in subparagraph 1? A. Did I authorize it? Q. To do whatever it did. This is your answer. I need the information from you, Mr. O'Boyle. U.S. LEGAL SUPPORT (561) 835-0220 M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 A. Yes. Well, the answer is I parked it in my driveway with a banner on it. Q. Okay. A. So I authorized that. Q. Okay. A. We parked it at city hall -- Q. Okay. A. -- with a canvas banner on it, so I authorized that. We parked it in Delray Beach on Federal Highway with a banner on it, so I authorized that. And I think there is more, but I just don't remember. Q. Do you think there is more locations in the Town of Gulf Stream that you parked the truck other than the two you just referenced? A. If I did, it would be at the police station, which is 50 feet away, but I don't recall doing that. Q. Your wife was cited for parking the vehicle in the town parking lot once? A. Yes. That's nice, huh? Q. Is that true? A. I don't know. Q. Okay, you don't know if your wife was cited for having the banner truck parked in the town parking lot? U.S. LEGAL SUPPORT (561) 835-0220 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 21 A. I don't know. I know that they towed her, they towed the truck, which belonged to her. I do know that. Whether they cited her, I don't remember any magistrates hearings or any of that kind of stuff. Q. Okay, other than the one time it was towed, was it ever towed again? A. I don't think we parked it there again. Q. Okay, so you haven't parked it there since the time it was towed? A. Well, no. With the threats that were going on from the town, you wouldn't do it either. Q. Per the town ordinance, could you still park your vehicle in the town parking lot? A. Well, that's, that's a question that I wouldn't even know how to start answering. Q. Okay, so you don't have an answer to that question? A. To that question? Q. Yes. A. No, I do not have an answer to that question. Q. Did you receive any kind of citation or did your wife for parking it in Delray? A. I don't think so. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 Q. Can you recall the content of the banner planes that you authorized to be flown I guess in Palm Beach County? A. Um, as I sit here I can't, but I think it's in this document, and if you want, I can find it and read it and confirm it for you, if it will help you. Q. Please do. A. Well, it must have been something else I read or else I'm just missing it. I don't see it. Q. From memory can you remember the content of the signs? A. I remember there was one or two about Jones Foster, I think there was one or two or three about Mr. Sweetapple, and I think there was one or two or three or four about the Town of Gulf Stream and/or their constituency. Q. Do you recall anything else about the content about the ones about the Town of Gulf Stream and their constituency? A. I don't, but I can confirm it if you told Q. What about the ones about Jones Foster? A. I don't remember them exactly, but one of them I think said "Watch your bills," and I forget what the other one said. U.S. LEGAL SUPPORT (561) 835-0220 22 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 Q. What specific acts of retaliation are you claiming the town took against you because you flew -- had the banner planes flown around Palm Beach County? A. Well, I think, and I said it before, I think Mr. Sweetapple prepared the biggest piece of shit pleading that I think I have ever seen -- and I told him that before and it's on the record -- against my son on the basis that they were going to collapse my son, put him in jail, take away his future in an effort to get me, but boy, was he wrong. Q. When you say pleading, what are you referring to? A. He filed something that said, and I don't remember, but he said, it said something about my son was engaged in the unpracticed license of law, and when I saw it, I just said, "This is the biggest piece of shit I have ever seen." Q. Are you referring to the complaints with the Bar or something other than that? A. I'm not really sure whether it's the complaints with the Bar or something other than that, or both. All I know, it was a piece of shit. Q. Are there any other acts that you claim the town took to retaliate against you for the banner U.S. LEGAL SUPPORT (561) 835-0220 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 planes specifically? A. Again, I don't remember what I have just gone through. I added a little flavor for it, but I think, I think the town has -- well, they filed a RICO action, which is absolutely unheard of, and I think it made national news, because I think most of the people that I talked to said, "Who in the hell was the smacked ass that did this?" Q. Are you claiming that the RICO lawsuit was done to retaliate against you for the banner planes? A. Absolutely. Well, not necessarily for the banner planes, but for the whole enchilada. Q. Okay, I will ask specifically about the banner planes right now and we'll go and talk about the interrogatory that talks about the things of retaliation and RICO is in there, but is there anything you specifically claim, other than what we just talked about, that was done in retaliation for the banner planes? A. We will have to look at the videos of the various town meetings, which I have them online and we can do that, and I think that would answer all of your questions. Q. Okay, what about the town meetings would answer the question? U.S. LEGAL SUPPORT (561) 835-0220 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 A. What about them? Q. What about the videos of the town meetings would help me answer my question? A. Do you want me to pull them up? Q. I don't want to go through all the town meetings because I am sure there are a lot of them, but I just want to know what you believe and what your memory is what you are claiming the retaliation is for in the lawsuit. A. You have given me a plateful here, and it has been a while since I have addressed this, and I got in town late last night, so I haven't had a lot of time to deal with this, but nonetheless, that's not your fault, that's my fault. I have given you what I have recalled on the day that we went through it. As we go through this deposition, my sense is that I will make some additional recollections, and as I do, I will interrupt you, unless you prefer me not to do that, and I will provide you with the answers as I recall them. Q. The next paragraph references, and this is subparagraph 2, it says, "Plaintiff has spoke at Gulf Stream public meetings and quasi-judicial hearings on and off since 2013." U.S. LEGAL SUPPORT (561) 835-0220 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 What are you referring to by "quasi-judicial hearings"? x A. You know, I don't know. When I say I don't know, I'm not a lawyer, so I can't tell what a quasi-judicial meeting is as opposed to a town meeting. I can't tell you about my conversations, but that's the best I can tell you. Q. Have you spoken at any other meetings, other than commission, meetings with the town? A. I would say yes, I did. Q. What other type of meetings have you spoken of? A. I think a handful of architectural -- I don't know whether it's called Architectural Review Commission, whatever. Q. Okay. During any of those meetings were you ever issued a citation by the town for your conduct during those meetings? A. I always had good conduct during those meetings. Why would they cite me? Q. So the answer is no? A. The answer is they wouldn't cite me, no. Q. What specific acts of retaliation are you claiming the town took against you for statements that you made during public meetings? U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 27 A. I think they belittled me. I think they implied, if not directly said, I was a liar. I think they stated I didn't know how to read. I think they stated that I did not know how to take words and put them in proper context and from that get a meeting -- I'm sorry, a meaning. I don't remember your question exactly. They put up trees so they couldn't see my car. That was a good one. Q. When you said, referring to what was -- you said they belittled you at town meetings. Who is the they you are referring to? A. Well, for the most part, I can't think of her name, but the lady whose family sells alcohol. You know, alcohol kills people? I can't think of her name right now. She is a blonde. They are in the alcohol business. Q. Is she a commissioner? A. Yes. Q. Okay. A. I can't think of her name right now. Q. Okay. A. And then I would say the mayor. I would say those two. Q. Okay, and when you referred to a few U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 W examples of them calling you a liar and saying you can't read, were those the two people that you are referring to? A. For the most, for the most part, I think the answer is yes. Being accused not to be able to read is an interesting experience, particularly when you are being scolded by a person -- well, by another person. Q. Were you being critical of the town and some of its decisions during the meetings when the belittling took place? A. I don't know that I would be critical. I would just say that they were out and out off the charts. Q. I'm sorry, I don't -- I don't understand your answer. I mean, you said you weren't being critical, but you were saying they were off the charts? A. I thought you said they were -- I'm sorry. Q. I'll start over. When this belittling took place, were there meetings where you began to speak out against the town and any of its decisions? A. Probably. Q. You reference in subparagraph 3 to The Patriot, the paper called The Patriot. How many U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 issues has the paper published? A. I think, I think we published -- I think we published two hard and maybe more online, but I'm -- don't count on that. Q. When you say we, who is we? A. As far as the content, me. As far as picking the font, somebody in my office. Q. And who was the person at your office? A. How would I know? Q. Who would you talk to once you would finish it about getting it published online or published in hard copy? A. I don't know. A lot of people are there. Q. So you have no recollection of how you went from -- do you have any idea in your head from getting it published and then mailed out? A. I bet you don't know who you got your pencil from this morning. Q. The answer is no? A. The answer is no. Q. When was the last time you published one online or in hard copy? A. That was quite a while ago, quite a while. Q. Have you ever spoken to anyone at the town about The Patriot? U.S. LEGAL SUPPORT (561) 835-0220 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 A. Probably. Q. Do you have a specific recollection of speaking to anyone from the town, either an elected official or an employee, regarding The Patriot? A. I'm sorry, did any -- Q. Do you have a specific recollection of any conversations with any town employee or town representative regarding The Patriot? all A. Yes. Q. Who? A. Mr. Thrasher. Q. Okay, when did you speak to Mr. Thrasher about The Patriot? A. They have a pile of the local newspaper is called the -- I don't know what it's called. There is a local newspaper, Coastal Star, and they had a pile this high on their desk. So I put a pile of the Patriots this high and then came back about 20 minutes later and they were all gone. What does that tell you? Q. Okay, did you talk to anyone about that though? A. Yes. I said, "What's going on?" Nobody knew anything. Q. who did you talk to about it that didn't U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 know anything? A. I think -- yeah, I think it was Mr. Thrasher and/or Rita, but it may have been both. Q. And what was the substance of the conversation? A. "Where is all the Patriots? They were here. They were here a half hour ago. What did you do? Have a line outside trying to get them? Come on, what did you do with them?" I mean, it was pretty obvious to me they stole them. Q. And what was their response to your conversation? A. "We don't know." Q. Other than that, have you spoken to anyone else at the town about The Patriot? A. I'm sorry? Q. Other than that conversation, do you have a specific recollection of any other conversations with town employees or officials regarding The Patriot? A. I can't tell you. Q. Subparagraph 5 references you running for town commission and posting campaign signs during the election cycle of 2014, correct? A. Well, whatever it says it says. Q. Is -- and that is -- that activity is U.S. LEGAL SUPPORT (561) 835-0220 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 32 subject to another federal lawsuit, is it not? A. It is placed in a lawsuit and it says what it says, and I don't know more you want from me. Q. Well, maybe my question is inartful. You have another federal lawsuit against the town regarding your campaign signs during the election, do you not? A. I don't know. Q. What specific acts of retaliation are you claiming the town took against you for running for town commission on posting campaign signs during the election cycle in 2014? A. Well, my personal view is the commissioners of the town are nothing more than thugs in suits, so let's get that out there. As far as running for town commission, I did do that. And the only reason I did that is there is 21 years when they didn't have an election, and I thought this is America, we should be having elections, and of course you agree with that, all right? Q. It's your deposition, you have to answer the questions. A. I appreciate that, but I was just thinking that you might agree with it, elections every 21 U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 years, okay, but if you don't, I understand. Town commission and posting campaign signs during the election cycle 2014. Doug Stacey has knowledge of these signs as well as town personnel who removed them and the private citizens who likely aided the town. The signs were placed between February and March, which it wasn't. Q. What acts of retaliation are you claiming the town took over the campaign signs? A. They stole my signs. Q. I know I asked you this, but I will try again. Maybe your memory has been jogged. There is a lawsuit about that, is there not? A. I came here to talk about this lawsuit and that's why I'm here. If there is another lawsuit about that, please depose me in connection with that lawsuit and I'll answer any questions you might have. Q. Well, I did depose you in that lawsuit. A. Okay, then, there you go. Q. So there is another lawsuit over that activity. So it is being addressed by another federal court, right? A. I have answered you. Q. Subparagraph 6 says, "Filed lawsuits against the town and/or appealing or petitioning courts for U.S. LEGAL SUPPORT (561) 835-0220 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 34 redress of grievances or administrative agencies." I think I understand what filing lawsuits against the town means, but the second part of the sentence "or appealing or petitioning courts for redress of grievances or administrative agencies," what did you mean by that? A. I think it's a broad form of saying the same thing. Q. Okay, going back to subparagraph 5, who is Doug Stacey? A. Doug Stacey is a fellow who is a wonderful young man, who works very hard and I'm proud to know his acquaintance. Q. Okay, who does he work for? A. I'm not 100 percent sure. Q. Okay, what is your non -certain understanding of who he works for? A. I'm not 100 percent sure. Q. How do you know him? A. I have known Doug for maybe 20 years. Q. And what brought him into your circle so that you got to know him? A. My wife introduced him to me. Q. Do you know how your wife knows Doug? A. No idea. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 Q. Now I'm going to ask you some questions about your answer to interrogatory 8. So did you have a moment to review that already? Yes? A. Yes. When I smile that means yes. Q. It doesn't come out on the record though, so you have to answer verbally. A. With all these cameras here, I could go like this (indicating). Q. Subparagraph A refers to that the town has falsely claimed that the plaintiff is not trustworthy because he breached a settlement agreement reached with the town in 2013. What are you referring to in that? A. What am I what? Q. What are you referring to in that? A. The town has falsely claimed that plaintiff is not trustworthy. I don't know what more you can say. Q. When did the town claim that? A. Oh, I think they have been claiming it since 2013 through this afternoon. Q. Okay, in what context? A. That I breached the settlement agreement. Q. In what context was the town claiming that? A. You know, it's not really clear to me, U.S. LEGAL SUPPORT (561) 835-0220 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 W because no matter how you slice it, no matter how you dice it, they breached the settlement agreement, not me. Q. Was this in a legal proceeding that they claimed this? A. No. Q. It was not? The answer references a case number. A. Okay, what's your question? Q. What is that case about as you understand it? A. It must be about what is the content of the settlement agreement. Q. What is your understanding of what the lawsuit was filed over, what relief was sought? A. I think this would have been filed over, and you want me to guess, correct? Q. I want you -- these are your answers to interrogatories and you referenced something in them, I want you to explain what your understanding of what's referenced in your answers to interrogatories are. A. Okay. Well, my answer to interrogatory is I am assuming it had something to do with the settlement agreement. Beyond that I don't know. It U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 could have been a writ of certiorari by Charlie Siemens. I don't know. Q. In that answer, in the second to last sentence, you reference that the town filed this frivolous lawsuit in hopes that plaintiff would stop engaging in speech petitioning as well as for punishment for plaintiff running for election. How do you know that? A. Well, because as you just pointed out, there was a lawsuit filed in the very next town -- in the very next sentence it says it was a frivolous lawsuit in hopes that I would stop engaging in speech petitioning as well as a punishment for plaintiff running for election, but if it's occurred, it is incurring attorneys fees in defending the lawsuit by the town. Q. What facts do you have that make you believe that that lawsuit referenced there was filed to make you stop engaging in speech as well as punishment for running for election? A. Well, it was three years ago, so my memory might be a little bit on the stale side, but everything that this town did that I can recall, except for perhaps some minor innocuous items, was to chill my speech, and I think that that's what that's U.S. LEGAL SUPPORT (561) 835-0220 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 talking about. The town turned down my proposed retrofit of my home. When they did, I was very honest with them and I told them if they didn't approve it, I was going to retrofit my home in accordance with the First Amendment of the United States Constitution. I did that. They didn't like it at all. I think they did cite me. We had a hearing before the magistrate. They issued a full written apology and paid $180,000. So that will show you where they came out. Q. Are you done? A. Yes. Q. With respect to the retrofit, you said you would retrofit it in accordance with the First Amendment. What did you do? A. I put -- um, I don't know what you would call them, but I put graphics on the -- on my house. Q. Can you describe the content of those graphics? 11 A. Yes. I put a donkey with a Shrek-like character that said "vice mayor" and I had a buckteeth, bucktooth blonde sitting on the top of the donkey reminiscent of what Mayor -- I can't think of her name. She was the mayor then. And then it says, "I'm taking this ass to the town hall." U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 Q. Anything else you recall? A. Yeah, and then I put in Tweedle Dee and Tweedle Dum, and I can't remember which one Judge Marra called Dum. I just can't remember it. Q. Which one Judge Marra called Dum? A. Yes. Q. When did Judge Marra do that? A. I think in an order. Q. And who was he referring to? A. I don't know. It was either Thrasher or the mayor, I don't -- one of the two. Q. Those are the two people you put as Tweedle Dee and Tweedle Dum? A. Yeah. Q. Were you interviewed by the media about that? A. I'm not sure about that, but yes. Yes, about the, the entire goings on, so to speak. Q. There was local news coverage of the paintings on the side of your house, correct? A. It went all the way to London. Q. Okay, so it was international news? A. International, yes. Q. Do you know if you can still find those stories online? U.S. LEGAL SUPPORT (561) 835-0220 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 A. I never looked. Q. Do you know what the outcome of the lawsuit referenced in subparagraph A was? A. I just told you. Q. Okay, you think that's the lawsuit that resulted in the settlement agreement? A. I don't see any other lawsuits and I know that there was a lawsuit and I know that there was a settlement agreement, and two and two usually equals four. Q. With respect to subparagraph B that talks about the truck banners and the ordinance that was passed and hedges that were built, where were the hedges built? A. I would have to draw a plan. Q. Okay, can you just draw a rough sketch? A. Have you got a piece of paper? It shows up much better on yellow. The heavy red is where the trees were. Now, that may not be exact, but the intention of the trees were to block the visibility of anybody who parked here. So if I parked my truck here, the trees were certainly high enough that you would not be able to see. As an example, if I put a suppository U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 41 statement about Mr. Sweetapple, you would not be able to see it. MR. GILL: I would like to mark this as Exhibit 3. (Defendant's Exhibit 3 was marked for identification.) Q. Just so I make sure I understand, it says rear exit on there, is that what that says? A. It does. Q. And that's town hall, correct? A. Yes, it is. Q. And then what is this, Sea Road? A. Yes, it is. Q. How tall were the hedges? A. Taller than me. Q. Are you aware of any other vehicles that have been parked at town hall in violation of ordinance 14\1 that weren't cited? A. May I see 14\1? Q. Sure. MR. GILL: Mark this as the next exhibit. (Defendant's Exhibit 4 was marked for identification.) Q. Mr. O'Boyle, are you aware of any other vehicles that have been parked in the town parking U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 W lot after 7 p.m. and before 7 a.m. that weren't cited? A. When? Q. Since the passage of the ordinance governing parking in the town parking lot. A. Say your question again. Q. Are you aware of any other vehicles, other than the truck with the banner on it, that have been cited or towed for parking in the town parking lot after 7 p.m. and before 7 a.m. since the passage of the town's ordinance governing parking? A. So you are only saying towed or what else? Q. Cited. A. Cited. Just limited to that? Q. Yes. We will start there. A. Okay. Not I can recall. Q. Okay. And just so I am clear, are you aware of any vehicles that have parked after 7 p.m. and 7 a.m. in the town parking lot and have not been cited or towed since the passage of the parking ordinance? A. I don't think I have ever -- I don't think we have ever parked there considering the hours in the parking ordinance. Q. I'm sorry, I don't understand that. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 A. Okay, why don't you ask your question again. Q. Okay. Are you aware of any vehicles, other than the banner truck, that were parked in the town parking lot after 7 p.m. or before 7 a.m. and were not towed since the passage of the town's parking A. I don't think there was ever a car or a truck parked there. Q. Okay. A. I may be wrong, but I just can't remember. I know the truck for sure. Q. In paragraph subparagraph C, the answer to number 8, you say, "For the airplane banners, the town filed a motion for sanction -- a motion to sanction plaintiff and his attorneys in 2014CA004474 as well as to enter in a prior restraint against further speech." Do you know what that refers to? A. If you let me read it I can tell you. Q. Okay. A. Yes. This I think was about the time that we were -- we ran one or more airplanes, and I think probably some sissy wrote this up and tried to wine to the court. Q. Wrote what up? Wrote what? A. That whatever it says here, motion to U.S. LEGAL SUPPORT (561) 835-0220 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 sanction plaintiff and his attorneys. Q. Okay, do you know what the outcome of that Q. Okay. A. But I'm not sure. Q. Okay. You would agree with me though, that for any motion that's filed in court to be granted, the judge has to rule on it, correct? A. Unless the appellate court decides otherwise. Q. Okay, so some either the trial judge or the appellate court has to adjudicate the matter? A. Well, or the Supreme Court or the federal z courts. Q. Right. So before a motion can be granted, some court has to act upon it; is that correct? A. To my knowledge, yes. Bear in mind I am not a lawyer now. Q. Subparagraph 5 references Bar complaints, a UPI, complaint and letters to the Board of Bar Examiners for plaintiff's son Jonathan, correct? A. I can't find paragraph 15. Where would it be? Q. It's just below subparagraph C, there is a U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 MR. O'BOYLE: It's a D, for clarity. A. You didn't make a mistake, did you? Q. I did. We are all human, Mr. O'Boyle. A. I thought you were superior to me. Q. I know, it's easy to assume that, but subparagraph D, which references the Bar complaints, UPI, complaint and letters to the Board of Bar Examiners for the plaintiff's son Jonathan, correct? A. Yes. Q. And your son Jonathan is here, I guess, on some limited appearance for you today? A. He is here and I'm not sure of the technical aspects. All I know is you said that the rule said one thing and he said the rules say another, and I'm assuming you were once again incorrect. Q. He is appearing in some fashion as your attorney, correct? A. He is preparing -- he is appearing in some fashion I guess in a legal sense. What that legal sense is I really don't know, except to say that you made a statement early on, he made a statement early on, he is still here, it appears you were incorrect. Q. And he is admitted to the Florida Bar, U.S. LEGAL SUPPORT (561) 835-0220 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 A. Pardon? Q. He is admitted to the Florida Bar, correct? A. I'm -- I have no reason to believe he is not. M Q. Do you know that to be true or not? A. I have never been to the Florida Bar, so I don't know what it's like over there. Q. And he is admitted in other states to practice law, is he not? A. You really should ask him. I don't have the subtleties of where he is admitted, what he is admitted, what conditions there are, what he had to go through. You should ask him. Q. Okay. MR. O'BOYLE: Do you need any clarification on the Bar in the Southern District of Florida or -- MR. GILL: I don't need any clarification, I just wanted to know if you your father knows, and he references you in here, so I just asked a question about his knowledge. MR. O'BOYLE: I wanted to know if you wanted to short circuit it and get to the ultimate facts. MR. GILL: No, I don't. I wanted to know U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 what your father knows. Q. Do you know when he graduated from law school? A. What? Q. Do you know when he graduated from law school? A. Which one? Q. For his JD. A. Drexell University. Q. Do you know what year that was? A. No. Q. Was it before these Bar complaints, the UPL complaint and the letters to the Board of Bar Examiners that you reference here were sent? A. Of course. Q. When these were sent, he was already admitted to practice law in another state, correct? A. You have to ask. Q. You don't know? A. Well, I mean, I know from my point of view, I don't know from a legal point of view, and that's what you are looking for, and I don't want you to say that I said something which is untrue or inappropriate. I know he went to Drexell University. To U.S. LEGAL SUPPORT (561) 835-0220 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 the best of my knowledge, he is a member of the Pennsylvania bar, he is a member of the New Jersey bar, he is a member of the Florida Bar, no thanks to this guy at the end who tried to make him a felon. Q. Okay, and to the best of your knowledge was he already admitted to the New Jersey and Pennsylvania Bar before these Bar complaints, UPI, complaint and the letters were sent? A. I don't know what letters you are talking about. Q. They are the letters that are referenced in subparagraph D on page 7 and B. A. D? Q. Yes. A. Okay, I will look at it right now. Okay, what's your question? Q. To the best of your knowledge, was he already admitted to practice in Pennsylvania and New Jersey before those Bar complaints and letters were sent? A. Of course. There is no stinkers up there. Q. In subparagraph F you reference being asked by Town Manager Thrasher, with a police officer standing by, whether you were filming a conversation. Can you explain that event? U.S. LEGAL SUPPORT (561) 835-0220 M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 M A. What's your question? Q. Can you provide any more detail, other than what's provided in subparagraph F, regarding what happened at that time? A. Well, I was in the town hall. I was engaging in First Amendment activity. I was asked by the town manager. There was no police officer standing by that I can recall. There may have been, but I don't recall. And by the way, it's all on tape if you want to look. Whether he was causing a public conversation to be -- let's see here. Plaintiff was asked whether he was causing public conversation to be recorded. The obvious intonation was that plaintiff would be arrested if he admitted so under the wiretapping statute. What's your question? Q. Okay, why were you in town hall in September 2014? A. Um, I don't know. Why did you eat steak on January 9? Q. Was it a town meeting? A. It would be easy enough for you to find out by looking at the town meetings. I don't recall. Q. Okay, so you don't recall. Do you have an independent recollection of this event? U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 50 A. I do. Q. Okay, is there anything other than what you read in the answer that you remember? A. I remember that someone other than me was recording. Thrasher got in his face strong and asked if he was being recorded, and he was pressing -- when I say pressing, his face kept coming closer and more angry at this individual, and I grabbed the camera from him and I put the camera facing Mr. Thrasher, and he came up and he put his nose and his nose hairs all over the camera. I had to clean those nose hairs off of the camera afterwards. I didn't like that. Q. Did you file a lawsuit over that? A. I think we did, yes. Q. And that's been adjudicated, correct? A. No. Q. Do you know if the court found that that lawsuit was frivolous? A. Is that on appeal? Q. I don't think anymore it's on appeal. A. Well, then, I can't answer you. Q. Paragraph G references the RICO complaint, correct? A. Well, I see the word "RICO" in there, if that's your question. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 Q. Okay, and it also references a June 2, 2014 letter and a March 26, 2015 letter? A. I see it in there, if that's your question. Q. Is this the letter that you are referring A. There is no way I could know it. There is no way I can know without juxtaposing the official record of the Town of Gulf Stream. Q. Okay, so you don't know if that is the June 2, 2014 letter that is referenced in subparagraph G? A. It sure looks like it, but I don't want to commit to it with -- based on your word. MR. GILL: I would like that as the next exhibit, and then we have another one. (Defendant's Exhibit 5 was marked for identification.) (Defendant's Exhibit 6 was marked for identification.) Q. Is this the March 26 letter that you referenced in your answer? A. Once again, it looks like it, but without juxtaposing it, I don't know how I could possibly say that it is, but it certainly looks like it. Q. When you spoke to the media regarding the graphics you painted on your house, did you get in U.S. LEGAL SUPPORT (561) 835-0220 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 52 touch with the media or did they contact you? A. When I spoke to the who? Q. You spoke to the media I believe you said, or you said you were interviewed? A. I thought you said VDF. When I spoke to the media, they contacted me. Q. Had you in the past been interviewed by the local media regarding, you know, certain First Amendment activities you engaged in? A. I can't think of any. Q. Were you interviewed in connection with banners you flew about the State Attorney? A. Was I what? Q. Were you ever interviewed by the media regarding any banners you flew critical of the State Attorney? A. You have to say it for me one more time slowly. Q. Okay. Were you ever interviewed by the media regarding any airplane banners you have flown that were critical of the Palm Beach State Attorney? A. I don't think so. Q. Mr. O'Boyle, I want to now ask you some questions now about the answer to interrogatory 3 in Exhibit 2. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 A. Is this the one that starts off, "With respect to each item"? Q. Yes. A. Okay, I have it. Q. On page 2, the first sentence refers to 11$74,000 in fees and costs in connection with this action." Do you see that? A. Nope, still reading. Q. Okay, take your time. Let me know when you are finished. A. Okay, I have read it. Q. On page 2, the first sentence, which refers to $74,000 in fees and costs in connection with this action" -- A. Uh-hum. Q. -- were you referring to Mr. DeSouza's fees? A. I'm sorry? Q. Are you referring in that sentence to Mr. DeSouza's legal fees? A. I don't know. Q. Okay, what are you referring to with that $74,000 in fees and costs? A. $74,000 in fees. Q. What fees and costs are they? A. I did not know that I had to parse them. I U.S. LEGAL SUPPORT (561) 835-0220 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 54 thought we just had to give an amount, and that's what we did. If you ask me to parse them, I can't help you. Q. You can or can't? A. Can't. Q. Okay, the second sentence on that page refers to $608,000, 608,000 in defense of the town's federal RICO action, state court counterclaims. Is that merely for your defense of those claims or is that globally for other parties? A. To the best of my knowledge, it's for my defense of the claims. As a matter of fact, I am virtually certain. Q. Okay, so not for any other parties that were part of the RICO, just for you? A. No, you weren't included. Q. For example, was Jonathan O'Boyle included in that? r_��or m Q. Okay. A. Of course, you have Chris O'Hare. Q. Was Chris O'Hare included in that? A. No. Q. And the next, I think it's the fourth sentence, refers to 35,000 in fees and costs for U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 Culver Smith representation of plaintiff in connection with the plaintiff's motion for sanctions in case 2014CA4474. Do you know what motion for sanctions that's referring to? A. Plaintiff also incurred approximately 35,000 in fees and costs for Culver Smith's representing in connection with Gulf Stream's motion. Okay, what's your question? Q. Do you know what motion for sanctions that's referring to? A. No. Q. Do you know if that lawsuit is still on-going? A. What lawsuit? Q. The one that you reference in your answer A. I see. The answer is I don't really know, but I am sure you can look at that very easily. Q. A little over halfway down that page you state the plaintiff also believes that Gulf Stream's retaliatory conduct in smearing of plaintiff's name in the community has caused plaintiff substantial reputational and business damage in an amount no less than $250,000. Do you see that? A. I do. U.S. LEGAL SUPPORT (561) 835-0220 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 M Q. What business damage are you referring to? A. I think socially and business -wise they destroyed me and I think $250,000 is a slap in the face. Q. So in this lawsuit you are seeking money for damages to your business? A. I am seeking money for damages to my business and damages to my personal life. Q. Okay, you have previously objected to providing information regarding your income. I think if you are seeking business damages I am entitled to that information. A. You can make whatever entitlements you want. I think what I am saying is this is on-going. If you want to check my business records, and there is only 140 entities, so it wouldn't take you that long, if you want to check them for the next six or seven years, I invite you. Q. Okay, so you are claiming that your entities have been damaged because of the town's conduct? A. I'm -- you are saying what? Q. I just want to be clear. You are claiming the town's conduct has damaged those business entities? A. The township has damaged those business U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 entities, and let me just say one other thing, which I don't think I said right and I don't think you are clear on. You can't examine nothing. As an example, if the business entities are nothing, how can you examine nothing? Can you answer me? Q. How are you going to establish that your business has been damaged? A. Get an expert. Q. Okay, how did you come up with the $250,000 A. I can't answer you. I think it's way, way, way, way, way too low. Q. Later on in that paragraph you referenced commercial real estate deals and contracts that you have likely lost? A. Okay. Q. Can you identify any specific commercial real estate deals and contracts you have lost as a result of the town's alleged conduct? A. I don't think -- I think you got it wrong. I don't think you are grasping. When you lose a deal, they don't say to you, "By the way, we are going to take this deal away from you because good 'ole Bob Sweetapple filed a RICO suit." No, they just say we won't deal with him. U.S. LEGAL SUPPORT (561) 835-0220 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 9W Q. If I wanted to look at documents or figures that would show me how your business damage -- your business has been damaged because of the town's conduct, what should I look at? A. You should look at whatever our expert provides. Q. Nothing beyond what your expert provides? A. I don't know what else you have, unless it's magic. Q. Looking at Exhibit 1, which is your other answers to interrogatories. A. Okay. Q. Looking at question 2. A. Okay. Q. Do you maintain that objection regarding relevance, the fact that you are claiming business damages? A. It has no relevance. Q. Why do you think it has no relevance? A. Because I know it has no relevance. Q. Okay, what facts are you basing that conclusion on? A. My 46 years in business. Q. Okay, what about that makes it not relevant to your claim that you have lost some business U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 59 damages or commercial real estate contacts because of the town's conduct? A. You say here you are requesting information -- plaintiff objects to -- I am going now to the answer, of course, to this interrogatory as requesting information is not relevant to any party's claim or defense. You want to know what the gross income for each year for the period from January 1, 2010 through the current date. Now, you only want six years. I don't even know if we keep our records six years, but let's just, for the sake of this discussion, say we do keep our records six years. Tell me what gross income is going to get you. Tell me. Q. Again, it's your deposition. A. It won't get you anything. Q. Okay, what would I need to look at then? A. Pardon? Q. What would I need to look at then? A. Look at our expert's report and you will see, and there is no way in hell that you could look at gross income and determine income. None. Zero. Q. I don't want income, I want to know what damages you have allegedly had to your business because of the town's conduct. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 A. I have answered you. Q. Who is your expert? A. I don't know that we have decided yet. Maybe Obama. Q. With respect to damage to your reputation and being, I think you say you were a pariah in your own community. You would agree that some of your conduct could have caused that also, could it have not? A. No. Q. All the public records compliance and lawsuits? A. I am entitled, as a matter of right under the Florida Constitution, to get as many public records as I choose. The people who made a big deal out of it are Mr. Sweetapple by filing that piece of shit that he admits is a piece of shit, the mayor, Mr. Thrasher. So they are the ones who have made myself, and I'm going to say Mr. O'Hare to a degree, a pariah in the community. I have never had anyone walk up to me and say, "Gee, the actions you took in exercising your Constitutional rights were absolutely horrible." I have never had anybody walk up to me and say, "You, enforcing your Constitutional rights, is absolutely U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 horrible," except for the handful of groupies that hang at city hall, the commissioners and their hacks. Q. Isn't it like your business deals, nobody is going go come up and hit you on the shoulder and say you did that; isn't that right? A. Pretty much. Q. Didn't they speak when they voted in the last election? A. No, I voted -- I did very well, extremely Q. Compared to what? A. Well, I'll tell you compared to what. We had a meeting, myself George Elmore, Tom Lodonnie and Joan, I can't think of her last name, the mayor at the time, and she said to me I would not get three votes. I told her, "Then I won't get three votes." The election came, and if you look at the other five and you bundle them together and divide it by five and then at what I got, that's pretty close. I didn't win, but that was okay, I won an election. After 21 years, an election. America we live in. An election. That's what I wanted. Q. Mr. O'Boyle, I don't think I have any further questions at this time for you. A. I'm saddened. U.S. LEGAL SUPPORT (561) 835-0220 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 Q. I'm sure we will get to do this again. A. You are a good guy. I appreciate it. MR. GILL: It is 12:48. MR. SWEETAPPLE: Take a break for lunch? MR. GILL: Do you want to break for lunch? MR. O'BOYLE: I'm fine for that. THE WITNESS: Goldstein, how much longer have you got? MR. GOLDSTEIN: It is really depending on your answers. I would probably say a couple of hours, two or three hours. THE WITNESS: You really think it will take that long? MR. GOLDSTEIN: We'll see. THE WITNESS: If you want to go an extra one, I'll just make a phone call and we can go to 3. MR. GOLDSTEIN: To where? THE WITNESS: 3. MR. GOLDSTEIN: 3:00 or three hours? THE WITNESS: I'm joking. MR. GILL: What time do you want to come back? THE WITNESS: I don't know, what time is it? MR. GILL: 12:48. U.S. LEGAL SUPPORT (561) 835-0220 Z, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 THE WITNESS: Do you want to come back at 2:00, is that good, or earlier? MR. O'BOYLE: Whatever you guys want. MR. GILL: We'll say and hour, so 10 to 2. (Luncheon recess at 12:48 p.m.) U.S. LEGAL SUPPORT (561) 835-0220 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 AFTERNOON SESSION 1:43 p.m. MARTIN E. O'BOYLE, having been previously duly sworn, resumed and testified further as follows: CROSS-EXAMINATION a Q. Good morning or good afternoon, Mr. O'Boyle. My name is Josh Goldstein. I represent the defendant Robert Sweetapple. I have got some questions to ask you. Some of them are follow-up to some of the things you testified to previously when Mr. Gill was asking you questions. I am trying to refresh your memory. Towards the end, before we broke for lunch, you had testified that nobody has ever come up to you and said or criticized you for your exercising of your First Amendment rights, correct; do you recall testifying to that? A. Well, generally stated, I would say yes. The First Amendment rights are just ever so broad. Frankly, I'm not a lawyer, so I don't know where they begin and where they end, but no one has come up to me and said to me we are angry with you because of thus and so. I have never had that happen. It's U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 more of let's just walk on the opposite side of the street, it's him, because the mighty Mayor Morgan says that he is a bad guy and he is bankrupting the town. Q. So no one has ever personally said to you, "You know, we don't like the fact that you are doing all these public records requests"? A. Well, Mr. Sweetapple certainly said that, but I don't know what that means. The mayor certainly said it. Mr. Ganger, who is a witness in this case, he certainly said it. Now, when I say they said it, they may not have come up to me and said it, they may have said it to others, they may not have said it in those exact words, but generally stated, I was ostracized. Q. That's the your personal feeling, that you felt like you were ostracized? A. No, I think it was a matter of fact. Q. Okay, what evidence do you have to support that fact? A. What I just told you and more. Q. Okay, well, tell me what else you have. A. You know, as I sit here today, it's very, very difficult for me to give you the entire litany of years of communications, conversations, dates, U.S. LEGAL SUPPORT (561) 835-0220 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 speeches, letters. It's very hard for me to do that. All I can tell you, unless if I think of something, of course, I'll alert you immediately, but what I have told you I think is generally what I am telling you. M - It doesn't -- you don't have to necessarily say the words to say the meaning. Q. So whatever you just testified is best to your knowledge presently what you believe supports you, your feeling that you were ostracized? A. I would say that whatever I just testified to is demonstrative that I was ostracized, but I think with a little bit of time I can certainly enhance those responses, and may be able to during this deposition, and I think I may have even done it with Mr. Gill. Q. Now, you said, you also testified that you can't recall back to the time or history. How long would you say this dispute has been going on with the Town of Gulf Stream? A. What's been going on? Q. Well, you have been having a dispute with -- you said that comments made by the town made you feel ostracized. So how long has, would you say has your dispute with the Town of Gulf Stream been going on, U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 because you said there is a long history of speeches and statements and conversations? A. Which dispute? Q. In general, your general dispute with the Town of Gulf Stream? A. Well, there is more than one dispute. Q. Well, your issues with the Town of Gulf Stream started somewhere, correct? Let's backtrack. Let's strike that. A. Sure. Q. When did you move to the Town of Gulf Stream? A. 1981. Q. In 1961 was the home in the Town of Gulf Stream tc be your permanent residence or is it a winter home? A. Well, I'm not sure that I made that declaration in 1981, but I believe it was to be my permanent residence, and indeed it has been for 35 years. Q. So it's fair to say since 1981 your home in Gulf Stream has been where you primarily reside the majority of the time? A. That's where I am domiciled. Q. Now, you said you have had multiple disputes U.S. LEGAL SUPPORT (561) 835-0220 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 96, with the Town of Gulf Stream. When do you recall your first dispute? A. I don't think I said I had multiple disputes with the Town of Gulf Stream. Q. Okay, you have had multiple issues with the Town of Gulf Stream? A. I don't think I said I had multiple issues. Q. I'm pretty sure you said disputes, but when was the first time you had a dispute with the Town of Gulf Stream? A. When I went to redo my house in 19 -- not 19, 2012 or 113, in that area. It may have even been 'll, but I think it's more like 112 or 113. Q. So 2012 or 113. And what -- the issues with redoing your house, what issues arose there? A. My house was an 180s model and it's a big house, and it needed to be transformed, so I hired the best people, if not in the United States, certainly in the area, and we formed a team and we came up with an absolutely beautiful plan, and the mayor, who was a woman at the time, I can't think of her -- Joan, I can't think of her last name, she said that the plan was massing. I had been doing this for 46 years and I had never heard the term massing. So I didn't realize, I was a little surprised that an U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 alcohol salesman would know more than me after 46 years of building. But anyway, it is what it is, and it was pretty clear that she was going to turn it down, which, frankly, from a professional point of view, and just to give you an idea of my team, I had Pete DeLeo, who has a graduate degree from MIT; Bob Currie, who is a Harvard architect; Duane King, who has 30 years experience in design; me, I have 46 years in design and building and development, and so forth, and she overrode all four of us. Amazing. So what I said is, "I don't know what you are going to do here, but I have a funny feeling what you are going to do, and should you decide to deny me, I am going to remodel my house nonetheless in accordance with the First Amendment of the United States Constitution, and I will guarantee you won't like it," and they voted to deny me, and then I went ahead and I remodeled my house in accordance with the First Amendment of the United States Constitution. Q. Did they deny the entire project or just part of the project? A. I wouldn't even know how to answer that question. Q. Now, you testified previously about painting U.S. LEGAL SUPPORT (561) 835-0220 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 70 a Shrek and a donkey on the side of your house? A. Yes. Q. Is that what you mean by remodeling your house pursuant to the First Amendment? A. It certainly is. Q. So your first real dispute was when you decided to paint -- after they denied you, you decided to paint the side of your house with Shrek and the donkey? A. That wasn't a dispute, it was a promise. Q. Okay, so if you made a promise that if you deny me, I was going to do X? A. Yes. Q. And X was the painting of Shrek and the donkey -- A. Yes. Q. -- on side of your house? A. Yes. Q. You also said that you posted signs out in front of your house calling commissioners thugs? A. I don't think I said that. Q. My notes reflect it. A. I don't care what your notes reflect. I don't think I said it. Q. Did you in fact put a sign out in front of U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 your house calling the commissioner thugs? A. No. Q. Okay, so you didn't put a sign with pictures of a Ku Klux Klan hood painted with the words, "Commissioner Thug"? A. You are talking now about the wall of my house. There was not a Ku Klux Klan hood as you might call it. I don't know what you were thinking, but it was not, it was not that. Q. What would you call it? A. It did say "Commissioner Thug" and it said, "Satire." And by the way, I didn't authorize that to be put up, but nonetheless, I wasn't home. Q. At the same point in time did you start filing public records requests on the Town of Gulf Stream in 2013? A. I started filing public records requests on or about the time that I painted Tweedle Dee and Tweedle Dum. Q. And that was in 2013? A. I can't say that. It's when I painted Tweedle Dee and Tweedle Dum. Q. Do you have a rough idea as to when you painted Tweedle Dee and Tweedle Dum on the side of your house? U.S. LEGAL SUPPORT (561) 835-0220 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 A. It would have been after they denied the approval of my home and before the settlement. Q. So after 2013 -- so you were denied in 2013, correct? n�01rem Q. I believe that's what you just testified to. A. No. I didn't. Q. Somewhere between 2012 and 2013? A. That's a difference, 2013 versus 2012 and 2013, and I also said it could have been 2011. So please, please, if you are going to quote me, do it right. Q. I was giving you the benefit of the last date possible. A. I would appreciate if you wouldn't do that going forward. Q. That's fine. So sometime between 2011 and what time, when was the settlement? A. Sometime between 2011 and 2013. Q. Okay, so sometime between 2012 and 2013 you started sending public records requests to the town? A. I think that's right. Q. Okay, and prior to that time period had you ever sent any public records requests to the town? A. Before then I had never even been to the U.S. LEGAL SUPPORT (561) 835-0220 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 town hall. I wouldn't even know where it was. Q. So would it be fair to say then that the denial of the plans to remodel your house was what prompted you to send, start sending public records requests to the Town of Gulf Stream? A. I don't think it's -- it brings about that clarity, that much clarity. I started sending records requests to the Gulf -- Town of Gulf Stream because I thought it was appropriate that I do so. Q. So starting sometime between 2011 and 113, you decided it was appropriate to do so? A. I thought it was appropriate to -- whatever ones I sent, I thought it was appropriate to do so. Q. And why didn't you feel that you needed to send public records requests between 1981 and 2011? A. Because, A, I didn't know what a public records request was and, B, I didn't even know where city hall was. Q. So you are saying between 1981 and 2011, you didn't know what a public records request was? A. That's right. Q. Okay. Do you personally own any other homes or own an entity that owns any other homes? A. Where is this relevant? MR. O'BOYLE: Mr. Goldstein, you are U.S. LEGAL SUPPORT (561) 835-0220 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 inquiring into the intent of the records request, which, as you know, is completely inappropriate. MR. GOLDSTEIN: All right, for starters, you can object on form, you can object on privilege. MR. O'BOYLE: How about if I objected as privileged? MR. GOLDSTEIN: That he -- whether or not he owns another home, that is objected on privilege? MR. O'BOYLE: No, no, no, whether, whether -- MR. GOLDSTEIN: I'm not going into -- MR. O'BOYLE: What his intentions were. MR. GOLDSTEIN: There is no intention. I asked him if he owned another home, so I am not sure what the intention objection is. I'm not inquiring as to any intention. I asked him when he started filing records. That's all I asked, timeframe. He then testified that he didn't know when the records -- when records were -- what public records requests were from 1981 to 2011. I moved on to another question, asking him if he personally or as an owner of an entity, a member of an entity owns any other homes. So. A. Okay, I am not going to answer that U.S. LEGAL SUPPORT (561) 835-0220 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 Q. Do you own a home in Longport, New Jersey? A. No, I do not. Q. Is there an entity of which you are a member or shareholder of in Longport, New Jersey? A. I'm not going to answer that question. Q. What is the basis for you not answering that question? A. I am just not answering it. It is not relevant and I am not going to answer it. This is a case about a slander suit in Florida, and what it has to do with an entity that owns a property in Longport, New Jersey is beyond me. I'm not answering it. Move on, counsel. Q. I am able or capable of inquiring into the evidence that I believe is relevant to this case or leads to discovery of admissible evidence. You have put things forth and testified earlier that the town has made you a pariah because of your filing of public records pursuits. I am inquiring as to whether or not you moved, and I believe my question is relevant to that. And in fact, you have deposed individuals in the Town of Longport, New Jersey in this case. A. I'm not going to answer the question. U.S. LEGAL SUPPORT (561) 835-0220 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 76 Q. Moreover, I would say that relevance is not even a standard to object to in a deposition. A. I'm sorry? Q. That relevance is not a proper objection in a deposition. A. I'm pro se. I am doing the best I can. Q. You have counsel here who has "entered his limited appearance" based upon his own statements for this deposition. A. I am pro se. I am doing the best I can. MR. GOLDSTEIN: So then I would move to strike any objection as raised by Mr. Jonathan O'Boyle. Q. Have you ever filed suit against the Town of Longport, New Jersey? A. I am not going to answer that question. Q. The basis for your objecting? A. It is we are here on a slander suit with the Town of Gulf Stream. Q. I am fully aware of what the suit is, Mr. O'Boyle. A. Do you want me to finish or not? Q. You have raised issues about your damages to your reputation, have you not? A. I have answered you. Let's move on. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 77 Q. Fine, I'll ask. Have you asserted that your reputation has been damaged? A. I have answered that question. Q. Okay, you have testified that prior to 2011 or between 1981 and 2011 you didn't know what a public records request is; is that correct? A. That is correct. Q. This would go directly, at the very least, towards your impeachment. A. That's not true. Let's move on. Q. Mr. O'Boyle, did you not send records requests to the Town of Longport, New Jersey and then file suit against them back in 2008? A. No. Q. So at no point in time you have never filed a public records requests to the Town of Gulf Stream -- Longport, New Jersey? A. I have answered. That's the end. Q. Okay, are they known as something else in New Jersey, particularly under OPRA or OPRO? A. What about them? Q. Are those what public records requests are referred to in New Jersey? A. What's it stand for? Q. I'm not familiar with the law in New Jersey. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 My understanding is that the short name or acronym for them is called OPRO or OPRA. A. What does it stand for, can you tell me? Q. Again, I am not here to answer your questions. A. Okay. Well. Q. You never made any type of request for documents to the Town of Longport, New Jersey? A. I have made requests for documents in the Town of Longport akin to I have made requests for documents in at least 1,000 towns in the United States of America. Q. At least? A. At least. Q. Would that also include -- when did you start making records requests to the Town of ow Longport? A. I am not going to answer that question. Q. I guess we will be back here, Mr. O'Boyle. A. Pardon? Q. I guess we will be back here. A. Is that a question? Q. No, it's a statement based upon your refusal to answer questions. We will just let the court decide and we will come back. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 79 Here, I have the answer for you. OPRA, Open Public Records Act. Part of the New Jersey statute. Do you know how many OPRA requests between 2007 and 2008 you filed to the Town of Longport? A. I don't. Q. Do you recall whether or not your filing of Open Public Records Act requests to the Town of Longport came after you were cited for zoning, planning and zoning violations in the Town of Longport? A. I would say that it hit both sides of that date. Q. What hit both sides of the date? A. You asked me if I made any requests based on this date, right? Q. No, I asked if you ever made -- if your requests came after you were cited for zoning violations. A. Okay, and this is the date I was cited for zoning violations, as you would say it, and some came on this side and some came on this side. Is that clear enough for you? Q. So you are saying that prior to you made requests and after you made requests? A. That's my recollection. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 Q. Did you ever -- with relation to your filing of Open Public Records Act cases, did you also file a case for slander against another resident in the Town of Longport? A. I did. Q. Was that individual Peter Isen? A. Yes, sir. Q. And do you recall the basis of why you filed the suit against him for slander? A. Yes. He called me the enemy of the people of Longport. Q. And do you know why he called you the enemy of the people of Longport? A. Yes. He said that -- I don't want to put words in his mouth. Q. What is your opinion in why he said it? A. Because he is a creep. Q. So your feeling is the only reason he said it was because he was a creep? A. I think he is a creep, yes. Q. It had nothing to do with your Open Public Records Act requests that you had been serving on the Town of Longport? A. I don't know why somebody in the world, somebody would call you the enemy of the people for U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 exercising your Constitutional rights. Maybe you would, Mr. Goldstein, but I am not going to do it, and I don't know of anybody with a reasonable mind that would do it. Q. That's a matter of your opinion, correct? A. Pardon? Q. That's a matter of your opinion, correct? A. I said what I said. Q. Do you recall ever serving any public records requests on the State's Attorney's Office of Palm Beach County? A. I do. Q. Do you recall when those were served? A. I don't. I shouldn't say I don't. If I had to guess, in 2007, 2008. It wasn't last night. Q. So to the best of your recollection, it was 2007 or 2008? A. Yes. Q. At that point in time were they called public records requests in Florida? A. Before I answer that, what does this have to do with a slander suit? Q. I'm not here to answer your questions. A. Okay, I am not going to answer that question. U.S. LEGAL SUPPORT (561) 835-0220 Wu 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 M MR. O'BOYLE: Can you give a proffer for the record? MR. GOLDSTEIN: Is he pro se -- THE WITNESS: Yes. MR. GOLDSTEIN: -- or are you representing him? THE WITNESS: Yes. MR. GILL: It is one or the other, because he started to say he is pro se. A. I'm pro se. Can you give a proffer for the record? Q. Who is proffering? A. You. Q. I am not proffering. A. Okay. Q. If they were in fact called public records requests at the time when you made the request on the State's Attorney's Office, would it then go to show, would you agree that your testimony previously that you said you didn't know what public records requests prior to 2011 was inaccurate? A. It is not what you asked me. Q. No, it was what your testimony was. A. No, it wasn't. Q. Your testimony was prior to 2000 -- prior to U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 12011, you didn't know what a public records request I was. A. And that was what I answered and it stands. Q. And then I asked you if you had testified whether or not you sent public records requests to the State's Attorney's Office for Palm Beach County. A. Well, if 2008 was the right date, then I would have sent them to the Palm Beach County office. If it would have been 2011 or later, I wouldn't have known. So if I erred, I apologize. Q. Do you recall whether or not you had a dispute with the State's Attorney's Office prior to sending public records requests? A. Yes, I do. Q. And did you have a dispute with the State's Attorney's Office prior to sending public records requests? A. I don't think so. Q. That's the best of your recollection here today, correct? A. Yes. What was your question again? Let me just double-check. Q. Whether or not you had a dispute with the State's Attorney's Office prior to sending public records requests. U.S. LEGAL SUPPORT (561) 835-0220 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 M A. Well, I had a dispute with the State Attorney's Office. I don't remember when that dispute was. I thought it was earlier than 2011. It could very well be that it was after 2011. I don't know. Q. Okay, but my question was whether or not the timing as to when you sent records requests was after the dispute arose or prior to. A. I don't see what this has to do with this suit. I wish it did. If you could explain it to me you would find me much, much more cooperative, but it sounds to me like you are on a fishing expedition, and I am not going to go along with it. Q. So you are refusing to answer the question? A. I am not going to answer any other questions, except as they have to do with this particular litigation. Q. Okay, but my deposition is not limited by that. I can ask you background information, I can ask you -- there is no limitation, no protective order with respect to your deposition here today. A. I understand. Q. So if you are refusing to answer, then we can take it up with the judge. A. I understand. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 Q. These questions are particularly relevant. They go directly to some of the things that you are seeking, some of the things that you have set forth in your complaint. A. I understand. Q. That's fine. We will take it up with the You testified earlier that you flew banners in Palm Beach County. Two or three of them were -- mentioned my client, Mr. Sweetapple; is that correct? A. I think so. Q. Do you recall what the banners where my client's name was mentioned, what they said? A. I don't, but I still, again, am struggling to understand the relevance. Q. Relevance is not a proper objection or standard in this, so you need to answer my question. A. I have answered. Q. My understanding is you don't recall what the banner said? A. Um, although I don't think it's appropriate that I answer, I will, and the answer is no, I do not. Q. When Mr. Gill was asking you questions, you testified that you had authorized the banner to be U.S. LEGAL SUPPORT (561) 835-0220 M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 X - flown; do you recall that? A. I do. Q. Okay, besides authorizing the banner to be flown, do you know who actually authored the message that was set, that was on the banner that was flown? A. I would say -- I would say, generally stated, the buck stops here. Q. All right. So in terms of interpreting your answer, it is your testimony that you are the person who authored what was on the banner? A. Generally stated. Q. Do you recall whether or not one of the banners that you flew over Palm Beach County stated "Sweet apples are best boiled in oil"? A. First of all, I didn't fly them. Q. Well, authorized somebody to fly them? A. That's a big difference. The answer is I believe that's correct. Q. Do you recall authorizing a plane to fly a banner around Palm Beach County which stated that "Sweet apples are rotten apples, right JF"? A. I don't remember that, but I -- I could see where that would fit into one that I would fly, yes. Q. And one that you would have authored? A. I can't say that. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 Q. Okay, do you recall whether or not you authorized a banner be flown around Palm Beach County stating that "Bob Sweetapple lays smelly farts"? A. I do. Q. I saw a smile on your face. Do you particularly like that one? A. No, no, I was looking at the smile on your face and I thought you must have particularly liked it. Q. Do you recall whether or not you incorporated a business known as Sweet Apple Sober House? A. I think my office may have done it, and I think you got the name wrong, but I think, generally stated, there was an entity that was formed with -- with maybe similar names to that. Q. Sweet Apples Sober Houses, does that sound familiar? A. Just as familiar as the one before that. Q. Do you recall when your office incorporated that entity? A. Pardon? Q. Do you recall when your office incorporated Actually, I misled you. That was U.S. LEGAL SUPPORT (561) 835-0220 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 shortly before I had made a records request to the town about sober houses and then there was a deposition where I brought Mr. Sweetapple's trailer on the beach, you know the one with all the dents, where you won't let people walk on the beach, you know, that one, and he was whining about the name, which I thought was a cute name because it was not Sweetapple, it was Sweet Apple. MR. GOLDSTEIN: Mark this as 7. It is a printout from the Sunbiz website for Sweet Apple Sober Houses. (Defendant's Exhibit 7 was marked for identification.) Q. Does this document help refresh your recollection as to when Sweet Apple Sober Houses was incorporated? A. If it is true and correct, the answer is yes. I - Q. Do you have any reason to believe this? A. I have no reason to believe it is and I have no reason to believe it isn't. Q. Were you the sole manager of the entity known as Sweet Apples Sober Houses? A. I couldn't answer you. Q. Based upon this document, does it reflect U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 that you were the sole manager? A. No. Q. Okay, is there any other manager listed on the document or printout? A. No, but I'm not sure that that means that you are the sole manager. Q. Was there a particular reason you decided to incorporate this entity, Sweet Apple Sober Houses? A. I was going to make it Joshua Goldstein Sober Houses, but I like Sweet Apple Sober Houses Fair to say you didn't know me in 2014, A. Yes, but I still like that name Joshua Goldstein. Q. So again, other than you liking the name Sweet Apple, was there any other basis behind you incorporating this entity known as Sweet Apple Sober Houses? A. None. Q. So there was nothing intended to retaliate or harass against Mr. Sweetapple, was there? A. How is that a retaliation? I don't even think even think your question warrants an answer. It's a nonsensical question. U.S. LEGAL SUPPORT (561) 835-0220 z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 M Q. It is certainly your opinion -- A. Thank you. Q. -- but I am entitled to my answer. A. Thank you. What's your question? Q. The question was was this done in retaliation to Mr. Sweetapple's representation of the Town of Gulf Stream? A. Oh, absolutely not, otherwise I would have done Joanne O'Connor's Sweet Houses or Sober Houses, LLC or Skip Randolph or Hudson Gill, but I didn't. Sweet Apple is a good name. Q. Just Sweet Apple? A. Pardon me? Q. Just Sweet Apple? A. Out of the group that I knew, yes. Q. You testified previously that you also authorized the flying of banners regarding Jones Foster, correct? A. Yes. I think it was one, but it may have been more. You will tell me. Q. And those banners had nothing to do with their representation of the Town of Gulf Stream, correct? A. I don't know what banners you are talking U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 Q. You testified previously that you flew one to three banners, one to three or four banners -- authorized to fly over Palm Beach County, which discussed or made reference to Jones Foster. A. Well, I'm not sure that's what I said, but if you show me or tell me, I'll give you an answer. Q. So did you authorize a banner to be flown that stated "Jones Foster's clients, check your bills"? A. Yes. Or maybe not those exact words, but the theme, yes. Q. And it had nothing to do with -- the authorizing flying that banner had nothing to do with Jones Foster's representation of the Town of Gulf Stream? A. It had something to do with being a -- alerting the public that they ought to look at their bills. Q. Do you recall authorizing the flying of a banner that said, "JF, don't drink and drive, we'll be watching"? A. Yes, I did. Q. That had nothing do with the fact that they were representing the Town of Gulf Stream in suits in which you were adverse? U.S. LEGAL SUPPORT (561) 835-0220 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 M A. Absolutely not. It had nothing to do with money. JF, who knows what JF is? It may be Judson Film. Nobody knows what it is. And driving under the influence, I'm not sure if that's something that you do on a regular basis, I certainly don't do that on a regular basis, and to say to someone else don't you do it I think is a good thing to do and I think that it's a responsible thing to do and I think that the people ought to applaud you for doing it. Q. So you are saying it was a public service announcement? A. Yes. Yes. I wish I could have put it in those short a words. That's why you are a great lawyer and I'm just a hamburger salesman. Q. Right. Did you authorize flying a banner that said, "Jones Foster, your bills make me puke"? A. I don't think I said that in a banner. I may have. I know that I stood before the town commission and I said, "Your bills make me puke." And the only reason I said that is because their bills make me puke, as do Mr. Sweetapple's. The two of them are raping, hear me, raping this town. Q. Mr. Sweetapple's representation of the town is purely related to a cause of action that you filed U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 against the town, correct? A. I have no idea. Ask him. Q. I'm here to know what you know today, not what my client knows. A. How would I possibly know? He goes behind doors with the commissioners and they make a decision, not me. I was never invited, nor was I invited for Thanksgiving dinner. Q. Were you personally offended that you weren't invited for Thanksgiving dinner? A. No, no, no, no. No, I would rather go out on Halloween and get some candy. Q. Do you have any knowledge as to the number of public records requests you have actually -- you have personally served on the Town of Gulf Stream? A. No. Q. You don't keep track? A. No. I do, but I can tell you this. They put up a board saying how many were, I don't know, how many were filed, I guess, by Mr. O'Hare and me, and they put up a list of aliases, which was an absolute damn lie. I don't know who was behind it. The only one I could suspect, Mr. Sweetapple was behind it, but it was a damn lie. And I tried to fix it, but in that town, U.S. LEGAL SUPPORT (561) 835-0220 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 M. seen. Q. The town is the closest thing to Syria, is that what you said? A. Yes, the closest thing to Syria that I have ever seen is what I said. Q. Have you ever been to Syria? A. Have I ever been to Syria? No, I saw it on TV, on CNN. Have you ever watched it? Q. So you don't know -- so you make a reference to the town being the closest thing to a country you have never been to? A. You don't -- in today's world you don't have to be there to see it, and if you watch a little more TV, particularly the news, particularly where they are showing the towns overseas, I don't think you would ask that question. Q. Now can you go back to answering my question? A. It all depends what it was. Q. The question was that you are basing your reference to the town being the closest thing to Syria that you have ever seen without actually having ever been to Syria; is that correct? A. Can you say it again? Why don't we have him U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 Q. Sure. MR. GOLDSTEIN: Can you read it back? (A portion of the record was read by the reporter.) A. That's correct. Q. Let me show you what I am going to mark as Exhibit 8. This is your responses to Mr. Sweetapple's first set of interrogatories. (Defendant's Exhibit 8 was marked for identification.) M A. Okay. Q. Take a look at the last page. Is that your signature on the last page? A. I'm sorry, yes, it is. Q. Is that a true and accurate copy of your responses to Mr. Sweetapple's first set of interrogatories? A. I can't say that for sure without juxtaposing it against our file copy, but it certainly looks like it. Q. Do you have any reason to believe that this isn't a true and accurate copy of your responsive -- A. I just answered you. Q. Why don't we go to your response to number 3. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 X - A. What is that? Q. To number 3. There is no page numbers, so I can't direct you to the page numbers -- A. Okay. Q. -- but I am going to go with being the third A. Okay. Q. Are you done looking at it? Let's take the first part of your answer. It states that, "In July of 2014, Sweetapple said to Mark Hanna," the attorney representing Chris O'Hare, "that Mr. O'Hare must dismiss his lawsuits against the Town of Gulf Stream or else he would be named in a RICO lawsuit against plaintiff." Were you present when these statements were made? A. No. Q. How did you come to find out that those statements were allegedly made? A. I don't remember who told me, and there was a bit of complexity to it, and you sort of have to put the parts together. First of all, Mr. O'Hare was screwing Mr. Sweetapple's wife, as he well knows. Mr. O'Hare, I think they were brought into a meeting, although I wasn't there, so I don't know, but Mr. O'Hare, my U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 97 understanding was, was unwilling to dismiss this lawsuit, and that Mr. Sweetapple wanted to finish up with Mr. O'Hare, get a confidentiality, I guess to protect his wife from it getting on the street of her, you know what, and then to have Mr. O'Hare be on the side of the town, and I guess they wanted to pump him full of lies to say that you can join the ostracization crowd. So I think it's threefold. I think it's the screwing of his wife, I think it's getting rid of the litigation, and I think it's trying to put me to sleep. G -d bless him. MR. GOLDSTEIN: Move to strike everything but the first sentence there. The rest was nonresponsive. A. Well, you asked me to read it, but okay. Q. No, I asked you who you heard it from, not the rest of the commentary, Mr. O'Boyle. A. Okay. Q. It would go a lot smoother if you answer the questions that are asked. A. Okay. Q. Then in the next answer it states that, "Plaintiff has been informed as follows: On April 25, 2014 Sweetapple said in an out of the court U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 statement that he was going to go after and investigate plaintiff's son in response to multiple lawsuits that plaintiff had filed against Gulf Stream." Do you know who was there present to hear those statements? A. Mark Hanna, Joanne O'Connor, and Mr. Sweetapple was threatening to come after me by destroying my son, and that did not sit well for me, and as of today it doesn't sit well with me either. Q. And after -- after -- when did you hear about those statements? A. I think shortly, when I say shortly, a day, two, a week. I mean, it was shortly, it wasn't a long period of time, but it was -- the mosaic was clear where Mr. Sweetapple was going and I understand. x Q. And who told you about the statements? A. You know, I don't remember. There was a slew of people who apparently knew about them, and it could have been Ms. O'Connor. Q. So you think Ms. O'Connor told you? A. I just said it could have been Ms. O'Connor. Q. Could it have been anyone else? A. Yes, it could have been someone else. I U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 guess it could have been Mr. Rader, I guess it could have been Mr. O'Hare, I guess it could have been one of the lawyers from my son's office. Q. Were they present? But they weren't present for this discussion? A. I can't -- you asked me a question. I have answered your question. If you don't like it, I don't know what to tell you. Q. I'm just asking how they would have known. A. I gave you what I can tell you. Q. So you don't know who conveyed the message to anybody who was outside of the three people you named that you knew were present? A. Well, what I told you was my first guess was Joanne O'Connor, because that's who Mr. Sweetapple was sitting there bragging, saying that he is going to get my son. He wouldn't have the guts to say it MR. SWEETAPPLE: You weren't there. I never said that. THE WITNESS: Who is talking to you? MR. SWEETAPPLE: You are looking straight at me, so I am answering you. MR. GOLDSTEIN: Bob. A. That's what I figured. U.S. LEGAL SUPPORT (561) 835-0220 M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 100 Q. Sorry, did you have something to say? A. No, no, no, no, no. No, I was just doing some addition. I said that's what I figured. (Defendant's Exhibit 9 was marked for identification.) Q. This is Exhibit 9. A. We are going to have to take about ten minutes at 3 p.m., okay? Q. Okay. A. Thank you. Q. What is marked as Exhibit 9 is a copy of the Second Amended Complaint. Do you recognize the document? A. Again, like the others, it appears to be the Second Amended Complaint, but I haven't gone through it. I'm reasonably comfortable it's the right document. Q. Okay. That's got markings on the top showing that it was the docket entry and that it was filed? A. It has markings on the top. Where they came from, I don't know, but again, I think we can both pretty much rely on it. Q. Why don't we go to page 6, looking at paragraph 32. Are you ready? U.S. LEGAL SUPPORT (561) 835-0220 1 1 A. Yes. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 101 Q. In paragraph 32, you allege in the Second Amended Complaint, for example, on several occasions in the last four months, Sweetapple has spoken to friends, colleagues, business associates and attorneys for plaintiff to convey the same message to each: Plaintiff is a criminal. He has violated the federal and Florida RICO acts. Who are the friends, colleagues, business associates and attorneys that Mr. Sweetapple has spoken to? A. After we take his deposition, I'll be able to enhance that. In the meantime, I can tell you Gerald Richman, I can tell you Joel Chandler, I can tell you the commissioners in Gulf Stream, I can tell you Joel, Jo, Joanne -- I can't think of her last name, Jo O'Connor, and I think a myriad of friends and colleagues. At least that's my understanding. Q. I need -- I would like to know the names of the friends and colleagues that you believe these statements were made to. A. I believe one of them was Reeve Bright. Q. How do you spell that? A. B -R -I -G -H -T. I believe another one may have been Bob Currie. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 102 Q. I'm sorry, how do you spell the last name? A. C -U -R -R -I -E, and I believe several of the townspeople, but I would, I would have to take testimony from them. Q. What, townspeople? A. Uh-hum. Q. And who are the townspeople that you believe that the statements were made to that you need to take testimony of? A. Patsy Randolph, William Thrasher. I can't think of the older woman that makes it to town hall. Rita Taylor. That's all I can think of as I sit here, but as I -- if I think of additional as I am sitting here, I will certainly alert you. Q. The three individuals you just named, Patsy Randolph, William Thrasher and Rita Taylor, am I correct that they are all employees of the Town of Gulf Stream? A. You are incorrect. Q. So who is not an employee of the Town of Gulf Stream? A. Patsy Randolph, and if she is, it is recent and I don't know about it. Q. Who told you that these statements were made? U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 103 A. A myriad of people. Q. Okay, provide me with the names of those people. A. I don't think I can do that. It's more or less in sort of a passing kind of way. It's not there is a center stage with a microscope and 100 people in the audience. It's more of a, "What in the world is going on with this RICO suit? What are you talking about? Well, Bob Sweetapple says that you are a criminal, you are going to go to jail." I know he said that about Chris O'Hare and myself, and my response is, "Don't listen to him." But it was those kind of people who would come up to me. Sometimes people that I didn't even know, where they might be down at the beach with one of my children and then they would ask, "You are Marty O'Boyle? You are the guy involved in racketeering? No, I'm not the guy involved with racketeering. Where did you hear that? Well, there is a lawyer named Sweetapple or a lawyer named" -- I don't think they ever mentioned Jones or whatever. That's about what I could tell you. Q. So just random people on the beach came up to you and said, you know, Sweetapple told them this? A. What I just told you is what I just told U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 104 you. If you want to play it back, you can ask whatever questions. Q. I heard what you just told me. I want the record to be clear that these people came up to you and said that Bob Sweetapple specifically told them that you were a criminal. A. Would you be kind enough to play that? Bob Sweetapple specifically told them I was a criminal? Q. That he told those people, that's what they told you. A. I said that's what you said they told me. Q. I'm asking you a question. A. And he is going to read it back and that will be the answer. Q. No, I want you to testify -- so the record is clear, I am asking you to testify, not for the court reporter to read it back, so the record is clear, that these individuals came up to you on the beach and said that Bob Sweetapple had a specific conversation with them and said that you were -- and told you, told them that you were a criminal. A. I have answered your question. We will have the court reporter read it back if you like and that way you will see I answered your question, and if I didn't answer your question -- U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 Q. It is a separate question, Mr. O'Boyle. A. Sure. 105 Q. If you are refusing to answer the question, that's fine, we can let the court decide. A. I am not refusing at all. I am not refusing at all. As a matter of fact, I want to answer it. Q. So answer. A. Well, let the court reporter -- Q. I am asking for you to answer it, not for the court reporter to read it back. A. Well, I can't answer a question in the abstract. Q. It's not in the abstract. I am asking you -- you had just testified, and I heard your testimony loud and clear, that random people that you may not even have known came up to you and said that this guy Sweetapple says that you are a criminal and you violated RICO. So did they specifically say that Bob Sweetapple had a conversation with them and he said to those people, "Oh, that O'Boyle guy, he is a criminal and is violating RICO"? A. Why don't we have the answer read back. Q. It's a different question, Mr. O'Boyle. So either you are going to answer or you are going to U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 106 refuse to answer and we will let the court decide and we can come back here and do it again. A. We can come back any time you like. I am willing to answer the question. I think I have. If I haven't, I'm willing to do it. You obviously don't want the court reporter to read the question back for reasons that are clear to me, so let's move on. Q. No, I want you to answer as to your knowledge. It's a different question. A. What's the question that's different? Q. I asked if these individuals that came up to you and spoke to you specifically said they had conversations with Mr. Sweetapple, my client, and he told them specifically in a face-to-face conversation that you are a criminal and you violated the RICO statute. A. No. Q. These conversations that these individuals, that when they came up to you on the beach, was this before or after the town had approved the filing of the RICO claim? A. You know, I don't know. I think Mr. Sweetapple was going around town with his John Hancock, not John Hancock, John -- who is the guy in New England, with his bell, shaking it, and how me U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 107 and Chris O'Hare are going to go to jail and the town is going get all their money back, and guess who got rich? The one and only Mr. Sweetapple. Q. So do you have any -- A. Sucked their blood. Q. Do you have any proof or have any evidence or can you give me names of people who saw Mr. Sweetapple running around town screaming to his heart's content that you are a criminal and you violated the RICO statute? A. No. A. When you say that in fact, I don't know what that is. Q. You just testified that you envisioned Mr. Sweetapple running around town ringing his bell. A. That's not what I said. Let's read it back. I am sick of this. Now let's read it back and we are going to -- if I have answered it, I have answered it, and if not, you can ask a different question. Q. I am asking a different question, but you are not letting me finish asking my question. If you do not interrupt me, I can finish asking my question. A. Go ahead. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 Q. So I am just confirming that you have no evidence that Mr. Sweetapple was running around town telling everybody that you were a criminal and violated the RICO statute. THE WITNESS: Can you read that question back, sir, the one that I was asking about? MR. GOLDSTEIN: I'm not sure what question he is asking about, but you can read back the question I just asked. THE WITNESS: You don't have to because I am not going to answer it. Q. So you are refusing to answer? A. I just said I am not going to answer it, I didn't say I am refusing. Q. Who is Reeve Bright? A. He is a -- he is my wife's friend's husband. Q. Does he live in Gulf Stream? A. Pardon? Q. Does he live in Gulf Stream? A. I don't think so, but I don't know where he lives. I don't think it's Gulf Stream though. Actually it's Delray. Q. What did Mr. Bright tell you specifically regarding the statements of Mr. Sweetapple? A. You know, you are asking for sort of subtle U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 conversations that you and I may have walking to lunch, and when you ask -- if I asked you that two years later, I think you would struggle to answer that, I really do. Reeve mentioned it to me and I think, I 109 think, if I am remembering right, I am just now remembering, that at the Gulf Stream Bath and Tennis it was a big issue, and as far as -- I wasn't there, so I can only give you what I remember from a couple of years back, which was incidental, and I think it's, you are being very difficult to ask me to give you precise answers from two years ago. If you can tell me what you had for breakfast on February 9, 2014, I will give you your answer. Q. I could tell you, but I am not going to. So what did Reeve Bright say to you in your passing conversation? A. He generally stated that Sweetapple was running around with the -- is it John Henry? Somebody -- about RICO, racketeering, criminal and so forth, and I believe that that was, that Reeve -- I think I may have even been out of town. I believe that Reeve was the first one who mentioned it to me. As a matter of fact, to help you guys out a little bit, you will need it, the Coastal Star, Reeve U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 110 wrote an editorial, not mentioning names, pretty good in theme. You ought to read it. Q. About what? A. About this entire episode, about this entire, the RICO. Q. Again, it is still not clear to me what Reeve told you. A. Well, I think I have done the best that I possibly can. If it is not clear to you, Mr. Goldstein, I apologize. If I can think of something that will make the mosaic clear, I will certainly pass it on to you. Q. When did you have this discussion with Reeve? A. I don't know. It was either before or after the RICO filing. Q. Did Reeve tell you that he had specific conversations with Mr. Sweetapple? A. You know, I don't remember. I mean, I just don't remember. It was kind of a flowing, easy-going conversation. It was not a tense, heated conversation. Q. What did Bob Currie tell you? A. Bob -- and I'm going to make a suggestion. That way you can stick right with that question. We U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 111 have a 3:00 call which we alerted you to. It's 2:59 now. Do you mind if we step out? Q. That will be fine. (A recess was taken.) Q. The question pending was who was Bob Currie. A. Bob Currie is -- I guess you would say he is an architect in Delray Beach. Q. How do you know Mr. Currie? A. How do I know him? Q. Uh-hum. A. He was the architect who represented me when I went in for my house in whatever year it was. Q. So sometime 2011, 2013? A. In that area. Q. What did Mr. Currie say to you about Mr. Sweetapple's statements? A. It was again more of -- I think your perception and my perception, I think you are looking for a steak dinner, I am looking for a hamburger. I think your perception is much more rigid than mine. It was just sort of a relaxing conversation which, just to give you a theme, "What in the world is going on over there? I heard that you are being charged with racketeering. Somebody told me that has a 20 year prison sentence." U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 112 He said something else about the racketeering, and I don't know, and he said to me, I don't know if he mentioned Mr. Sweetapple by name, but I said, "Bob, where would you get this? Where are you coming up with this stuff?" And I think he said, "The town's lawyer," and I guess that would be Mr. Richman or Mr. Sweetapple. They were the two that were working on that lawsuit. Q. Do you know if Mr. Currie had specific conversations with Mr. Sweetapple or Mr. Richman? A. Again, it was a very light, loose, you know, walking down the steps or walking down the street conversation. It wasn't tense like, "Gee, did you hear our best friend Fred has cancer of the brain?" where you stop and you say, "Oh, my G -d," but it wasn't in that league. Q. How was, how did this conversation transpire, was it by phone, was it in person? A. It was in person. Q. It was in person? A. It was in person, yes. Q. When did this conversation happen? A. Somewhere before or after the filing of the RICO action. Q. If it was before, how soon before the U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 113 A. I can't answer you. Q. You said he is an architect in Delray Beach. Does that mean he lives in Delray Beach? A. I don't know. Q. Or he works in Delray Beach? A. I think he works all over the country. Q. Where is his principal place of business? A. Delray Beach. Q. And where does he live? A. I don't know. Q. To your knowledge, has Mr. Currie ever attended any Gulf Stream Commission meetings? A. Yes. Q. Other than the one to approve the renovations to your house? A. The answer is I have no firsthand knowledge, but I believe the answer is yes. Q. So it's possible that he was at a commission meeting when this discussion came up? A. It's possible he was at the Last Supper when it came up. I don't know. Q. Just so I am clear, Mr. Currie testified that or may have mentioned the town's attorney may have mentioned Mr. Richman's or Mr. Sweetapple's U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 came up? 114 A. What you just said makes no sense. Q. Did he specifically mention Mr. Sweetapple's name when you were having a discussion regarding the RICO suit with Mr. Currie? A. I have already answered that for you. Q. I am just trying to clarify; that is, you don't recall if Mr. Sweetapple's name was specifically mentioned; is that correct? A. I have already answered that question. Q. So you are refusing to answer just for clarification so the record is clear? A. No, I am refusing to answer more than once. Q. Other than the one conversation you just testified to with Mr. Currie, did you have any further conversations with him regarding the RICO suit? A. I'm sorry? Q. Did you have any further conversations with Mr. Currie regarding the RICO suit other than the conversations you just testified to? A. Maybe. When I say maybe, I'm not sure if I did or I didn't, but I know -- I'm just -- what was your question again? U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 115 Q. Other than the conversation you just testified to with Mr. Currie, did you have any other conversations with him regarding the RICO suit or the allegations set forth in the RICO suit? A. Well, I don't know what the allegations set forth in the RICO suit are because I don't have it. It's 50 some pages. Q. I'm not asking you whether or not you know what the allegations are, I am asking you if you had any conversations with Mr. Currie in addition to what you have already testified to regarding the RICO suit or the allegations set forth in the RICO suit. A. Well, I certainly didn't have any regarding the allegations set forth in the RICO suit because it's 50 pages and I didn't memorize it. As far as the existence of the RICO suit, maybe. Q. Did you have any further conversations about any statements that Mr. Currie had heard from Mr. Sweetapple? A. As I sit here I am hitting a wall. I can't think of any. Q. Would any further conversations have been in writing, in person, phone, text message? A. Well, if I don't remember any conversation U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 116 or any communications -- Q. Well, you said maybe to a previous answer, so I am asking in general, did you have any additional conversations you may have had with Mr. Currie regarding the RICO suit about Mr. Sweetapple, would those have been in person, by phone, email, text message? A. To the extent that I -- the maybe becomes a yes, then I would have, I guess, had some type of communications. The fashion in which I had them I don't know, but I don't think it was a text message because I don't think Bob texts. Q. Going back to your -- did you have any other communications besides the one you testified earlier with Reeve Bright regarding the RICO suit or statements made by Mr. Sweetapple? A. Maybe. Q. As we sit here today, you are not aware of any conversations? A. No. Reeve wrote that editorial in the local paper, the Coastal Star, and when I saw it -- I was out of town, but when I came back in town somebody brought it to my attention, and I don't remember who, and I called Reeve, and I just don't remember whether I spoke to him or I spoke to his son. I just don't U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 Q. Who is Patsy Randolph? A. She is one of the Morgan Brigade. Q. I'm sorry, could you clarify what you mean by the Morgan Brigade? A. She is a groupie. Q. She is a Mayor Morgan groupie, is that what your testimony is? A. Yes. Uh-huh. Q. Why do you refer to Ms. Randolph as a Mayor 117 Morgan groupie? A. Because she is a Mayor Morgan groupie. Q. Okay, and what evidence do you have to support the fact that you say she is a Mayor Morgan groupie? A. Because I watch -- watched her actions when I am at the commission meetings or somewhere around city hall, and I have seen groupies in my almost 50 years in this world, in the business world, and she is a groupie. Q. What do you mean by a groupie? A. Well, I don't know how many more times I can explain it to you, but I'll try my best. Q. I think you have explained it once, but please go ahead. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 118 A. Well, I will explain it 32 times if you would like. A groupie is a person who wants to be part of the in crowd, wants to be, wants to have recognition, wants to be, wants to be there with the in crowd. That would be the best explanation I think that I could give you. Q. And now, what did Ms. Randolph tell you? A. Well, the thing that stands out the most, which I don't think is what you are looking for, is that she was saying to the commissioners that they have to find a way to keep myself and Mr. O'Hare out of the commission meetings, the nice woman that she is. I think it was right out the front door, not the back door. Actually I think it may have even been more than once, it may have even been inside the building where she said we support this. These racketeers, these criminals, these -- I forget how she put it, ought to be -- these are my words now -- sort of taken off the street, and then I heard her outside in the front vestibule of the building -- I am just trying to think, it was -- I couldn't hear the whole conversation, but it was sort of like, something like these guys, and I think it may have been, and I may be mistaken, but I think it may have U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 119 been, we can probably look at the tapes, when Mr. Sweetapple went up there and gave his speech, he must have needed more money, and she said something like, "We got to get rid of them, they are, you know, nothing but a bunch -- you know, he and O'Hare, they are nothing but a bunch of criminals," and so forth. And it was not just her, it was other people I didn't know. I don't know too many people in that town. Q. So she never had any specific conversation with you, directly with you, where she told you about any statements Mr. Sweetapple said? A. Well, I don't know about that, but I don't recall any that she had directly with me regarding the subject matter of being a criminal or being a racketeer. I don't think she had any directly with me. Q. Okay, when do you recall Ms. Randolph getting up and stating that you were a criminal or racketeer? A. Sometime between here and there. Q. Can you give me a more specific timeframe as to where here is, the date of here and the date of there? A. Well, we have been talking about Ill to 113 all day. It just changed ten seconds ago. So let's U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 120 stick with 'll to 113, because that's the best dates that I can give you, and you can certainly, you can ask Mr. Sweetapple. Certainly he will give you whatever dates you want, or you can ask the town and you will get the precise dates. Q. I want to know what your knowledge is and the dates that you recall. A. Well, we have been through this probably 40 times today. Q. And we'll keep going through it. A. Well, I have given you my answer and you can take that answer and utilize it going forward. Q. You said that it was after a speech that Mr. Sweetapple gave? A. I said what was after a speech? Q. That Ms. Randolph's statements occurred after a speech that Mr. Sweetapple gave? A. No, that's not what I said. Q. Okay, what did you say? THE WITNESS: Can you play that back, sir? Q. No, we can't play it back. MR. GILL: I thought that's what you said [.. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 121 Mr. Sweetapple. 'He probably needed more money."' A. Yeah, I think what I said was that I don't remember exactly what she said and where she said it. She said it once inside the council chamber and then once out on the front vestibule with other people that I didn't know, and she didn't mention Mr. Sweetapple's name. Now, that's what I said. Q. Okay. A. The same thing I said before. Q. Why didn't you sue her for defamation? A. I might. Q. I'm going back to I believe it's Exhibit 9, the Second Amended Complaint. Actually let's go to Mr. Thrasher. Who is Mr. Thrasher? A. Who is Mr. Thrasher? Q. Correct. A. He is -- he purports to be the town manager. Q. What conversations did you have with Mr. Thrasher about Mr. Sweetapple's statements regarding RICO violations? A. I'm sorry, what was your question again? Q. What conversations did you have with Mr. Thrasher wherein he told you about statements made by Mr. Sweetapple? By statements, I mean specifically related to the alleged RICO violation or U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 122 A. Well, I think that he said it from the dais, and that would have been a general statement, and then I think he made a more specific statement, but I don't think he used Mr. Sweetapple's name, and that would have been in the kitchen or directly out the back door. Q. When he made a statement from the dais, what did he say? A. I don't remember, except that they were proceeding with -- they were talking about the RICO action, and as a matter of fact, I think -- I think they mentioned myself and Mr. O'Hare, and I think he brought up a mounted board which showed a $5 million pot, you lawyers must love that, of which I think it was 2 million and -- out of the budget, 2 million in like a bond or a loan or something like that, and then 1 million with the Salvation Army lady out there with the bell taking donations. Q. Okay, what was this board reflecting? A. Pardon? Q. What was the purpose or what was the board reflecting? A. That they wanted to spend $5 million. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 123 That's the way I took it. Q. So it was a budget meeting of the commission? A. I have no idea what it was. Q. Were you present when this occurred? A. I was, yes. Q. Did you ask questions as to what it was? A. No, it was pretty evident. Q. It was evident to what it was? A. Yes. Q. But you just told me you had no idea what it was. A. I don't think that's what I said. Q. What was the sign trying to depict or show or evidence that Mr. Thrasher held up with the sign showing $5 million and a breakdown of where it was going? A. Oh, I think what he was showing is that we are proceeding with the RICO suit, which is racketeering, which is criminal, and then what I said, in case you weren't listening, it was out in the kitchen and/or out the rear door. Q. We will get to that. I am just dealing with the first one. A. Okay, I thought you were dealing with more. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 124 Q. No, just the first one. A. Okay. Q. When you said he was making the statement from the diocese -- A. From the dais. Q. -- From the dais. What did you mean by that? I am clearly not as smart as you, so. A. This is the table. Q. So you were sitting at a table? A. No, this is a table. Q. Understood. A. And where they sit up high, you know, commissioners and legislators, that's called a dais. Q. So it was clear it was at a commission meeting then that he was making this statement or report? A. I can't imagine -- the answer is I don't know, but I can't think of anything else that it would have been. Q. Now, the second statement he said, you said he was in the kitchen. Is that in the town hall? A. That would be -- well, it depends what you call the town hall, but it was in the building where Gulf Stream has its library, has its offices, has its kitchen, has its accounting department, has its U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 counsel chambers, and probably a few that I am missing. Q. Going back to the first statement on the dais, where, do you recall when that was made or the timeframe the statement was made? A. We went through this now. I'm going to do it one more time. Q. I'm going to ask it every time. A. Okay, and I'm not going to answer it any 125 more times. Q. Okay. A. Between 'll and 113 is the best date that I can give you as I sit here today, and that is going to be over and over and over again. If you want specific dates, you have the sources in front of you, I don't. If you ask me a specific date, I would be more than happy, to the extent that I know it, to provide you with that advice. Q. Do you have any issues with memory from 2013 going forward? A. I remember Mr. Sweetapple. Q. That wasn't my question. My question was do you have any issues with recalling things that occurred after 2013? A. Oh, I'm certain I do. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 126 Q. Okay, and is it a medical issue that you have? Without getting into what the medical issue is, is it a medical issue that affects your memory? A. I would, I would tell you that I may not understand or remember this gentleman's name next week, so it does, it affects my memory. I can't tell you, all I can tell you is in the last three years I'm certain there are things that I have forgot or mispronounced. Q. Do you know when Mr. Sweetapple was hired by the Town of Gulf Stream? A. I think 2014. Q. Does that help refresh your recollection as to when maybe Mr. Thrasher had made these statements, was there any discussion prior to Mr. Sweetapple -- strike that. We will move on. A. Thank G -d. Q. All right, now, the statement that you said you heard Mr. Thrasher state either out the back door or in the kitchen, what did you hear Mr. Thrasher say? A. It was something along the lines of racketeer, racket, RICO, criminal. It wasn't -- I wasn't, I didn't have my ear up against where he was, it was more of a passing kind of, you know, you pick U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 127 up a word, you pick up a word and so forth. So that's what I picked up. I did not hear Mr. Sweetapple's name at all. Q. Okay. To the best of your recollection, that was the same 2011-2013 time period? A. What was the 2011? Q. When the statement was made. A. When that statement was made, I don't know what time period it was, because I don't know how far in advance they were planning this ill-conceived RICO suit. I didn't know that the attorneys needed money that bad. Q. Do you recall Mr. Thrasher specifically using the word criminal? A. I wish I could tell you yes, but I'm just not sure enough to say that. Q. What about Ms. Rita Taylor? A. What about her? Q. Well, you testified she made statements to you about Mr. Sweetapple's statements, so what did Ms. Taylor tell you? A. I don't recall me saying that. Q. I have got her name written down. A. Oh, I believe you have her name written down. I remember saying her name because I couldn't U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 128 remember her last name, so I remember saying it, but I don't think that's what I said. Q. That's where I got the names from, based A. Well, let's mark it in the record and -- Q. Did Ms. Taylor ever tell you anything or say anything, make any comments to you about statements that Mr. Sweetapple made? A. I don't know. Q. Going back to what was previously marked as Exhibit 7, which is your interrogatory responses, particularly number 3, the last part of your response states that, "Plaintiffs informed that Sweetapple made statements on September 3, 2014 to Mark Hanna, Lou Rader, an attorney representing Chris O'Hare, and Chris O'Hare. Plaintiff has informed that Sweetapple made the same statements in out-of-court statements to other residents of Gulf Stream, the details of such statements will be identified through discovery in this matter." Going back to the September 3, 2014 communications between Mr. Sweetapple, Mr. Hanna, Rader and O'Hare, who advised you of the conversations that occurred at the September 3, 2014 meeting? U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 A. I'm not sure. Q. To your knowledge, do you have any recollection of whether or not you had any conversations with Mr. Hanna? A. Oh, I have had conversations with Mr. Hanna 129 for sure. Q. Regarding the September 3, 2014 meeting? A. Pardon? Q. Regarding the statements that were allegedly made on September 3, 2014? A. I don't think I had any conversations with Hanna, Rader, O'Hare, Sweetapple, Morgan, O'Connor, any of them. The only thing that I know of is the substance. Q. How did you become aware of the substance of the discussions of what transpired on September 3, 2014? A. Well, somebody told me about the meeting and they -- they opened my eyes because they had said that Mr. O'Hare was, pardon the expression, screwing, had screwed Mr. Sweetapple's wife, and they wanted to -- they offered Mr. O'Hare to dismiss his case or cases and they would leave him out of the RICO suit and just come after me, and I think this was -- I mean, I'm guessing, but I think this was all as a U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 result of Mr. Sweetapple did want on the street that Mr. O'Hare was screwing his wife. Q. Okay, and who told you about the meeting? A. I don't know. Q. Who told you that O'Hare was having relations with Mr. Sweetapple's wife? A. The same person who told me about the meeting, I believe. Q. Was that discussed at that meeting to your knowledge? 130 A. I don't -- you know, I don't know. I'm assuming it was, but I don't know. Q. Again, just so I am clear, you don't recall who told you what transpired at that meeting? And we are referring to the September 3, 2014 meeting. A. Well, I think that there was what was said and what was not said, and I think the what was said was you drop all your lawsuits and we won't charge you with RICO, but that they were going to then charge me with RICO, and I said -- what wasn't said I think was the -- whatever sexually happened between Mr. Sweetapple's wife and Mr. O'Hare. Q. Again, where did you hear this information from? A. I don't know. A lot of people who I think U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 131 knew about this, heard about it, and I don't know whether it came from the town side, our side, I don't know where it came from. All I remember is somebody mentioned it to me and I just said, "Wow." Q. So you just repeated that information without having any knowledge or facts about the fact that Mr. O'Hare had relations with Mr. Sweetapple's wife? A. I never repeated it. Q. I think you stated it several times today, A. Yes. We have a litigation privilege here, Q. I'm not answering questions on legal issues, Mr. O'Boyle. A. That's quite all right. Q. Wasn't this meeting that occurred on September 3, 2014 some or part of the primary allegations regarding the statements made by Mr. Sweetapple that were set forth in the Second Amended Complaint? A. Well, you went too fast for me and you went -- you glossed over everything. If you go slow and show me, I will answer your question. Q. I am asking you isn't it true that the U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 September 3, 2014 meeting that you became aware of was the primary emphasis behind your filing of the complaint in this matter as evidenced by the paragraphs 33 and 34? A. Okay, what is your question? Q. That the September 3, 2014 meeting was the primary basis for your slander claims against Mr. Sweetapple as set forth in paragraphs 33 and 34 of the complaint. A. Just -- so I didn't hear. The September 3 -- 132 Q. 2014 meeting that you referred to in your interrogatory responses -- A. Right. Q. -- is the same meeting you are referring to in paragraphs 33 and 34 of the Second Amended Complaint? A. Well, do you know where it is in my interrogatories? If not, I'm going to have to find it. Q. Yes. We have been discussing the same interrogatory responses. A. I understand. My question is do you know where it is? Q. Page 3, response to request number 3. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 A. Is this the one with no pages? Q. No page numbers. A. So it's number 3? 133 Q. It's response to request number 3. A. Okay. Q. And you wrote, your response is, "Plaintiff is informed that Sweetapple made all these statements" -- and at this point I am referring to your first amended complaint -- "on September 3, 2014 to Mark Hanna, Lou Rader, an attorney representing Chris O'Hare and Chris O'Hare." A. Okay. I don't know how good I will do, but I tried. Q. I am waiting for your answer, Mr. O'Boyle. A. You will have to tell me the question. MR. GOLDSTEIN: Can you read back the question, please. THE WITNESS: No, don't read it back, let him tell me. Q. I am asking him to read back the question. It is my deposition, Mr. O'Boyle, you can't instruct the court reporter as to whether or not he should read it back or not. A. I apologize. MR. GOLDSTEIN: I am asking the court U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 134 reporter to read back the question. THE WITNESS: I apologize. (A portion of the record was read by the reporter.) A. May I impose upon you to do that one more time? I'm not grasping it. Q. It's fine. I am not going to make the court reporter read it back again. The question is whether or not the September 3, 2014 meeting is the meeting that you based your, the statements that you based your complaint on, your Second Amended Complaint, specifically on paragraphs 33 and 34, where you are referring to where Mr. Sweetapple allegedly made defamatory statements about you. A. Well, I can't tell you whether it's what I based my complaint on unless I read my entire complaint. Q. I am going specifically -- I directed you to two paragraphs, Mr. O'Boyle. A. Right, but you asked me a question. Q. With respect to the claims against Mr. Sweetapple. A. Okay. And is it in this entire Second Amended Complaint? Is 33 and 34 the only claims U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 135 Q. I am referring you to those paragraphs as to the places where you believe that Mr. Sweetapple made statements regarding defaming you regarding RICO and said you were a criminal. A. And I didn't answer that, is that what you are saying? Q. That's correct, Mr. O'Boyle. A. Okay, can you say it again? MR. GOLDSTEIN: I'm going to repeat my question again, Mr. Reporter. Q. The question pending, at the September 3 meeting, where Mr. Hanna, Rader and O'Hare were present, was a meeting that you are referring to in your complaint; is that correct? A. I see it's on -- I see it in an interrogatory, I don't see it in the complaint, but I will look for it. Q. Paragraph 34, the last sentence: "Sweetapple further called a confidential meeting with this individual whereupon information I believe Sweetapple further defamed plaintiff in making additional RICO allegations and additional threats." A. And where is September 3, where is that at? Q. Doesn't specifically state September 3. I U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 am asking you to confirm whether or not that September 3 meeting is the meeting that you are referring to. 136 A. I can't tell you for sure. Q. Did you in fact file a lawsuit against the town as well as Mr. Sweetapple regarding a confidential settlement meeting between the town and Mr. O'Hare? A. You know, I don't think so, but I may have. Q. Have you ever had any conversations with Mr. Hanna regarding the statements made -- alleged statements made by Mr. Sweetapple? A. I was at Mr. Hanna's deposition, if that's what you mean. Q. No, I am asking about conversations that you specifically had between you and Mr. Hanna regarding statements made by Mr. Sweetapple. A. Maybe. Q. And if you did in fact have these conversations, would they have been in writing, would they have been e-mail, phone conversation, in person? A. Probably in person, if I did. Q. Has Mr. Hanna ever represented you as counsel, as your attorney? A. I don't think so. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 Q. Has Mr. Hanna ever represented any entities to which you are a member or owner as its attorney? A. I don't think so. Q. To your knowledge, have you personally or any of your entities ever paid Mr. Hanna's legal fees? A. Pardon? Q. Have you personally or any of your entities ever paid Mr. Hanna's legal fees? A. What does this have to do with the slander 137 Q. Again, your relevance objection is not -- it serves no merit. I can inquire as to this. It goes directly to Mr. Hanna's veracity to tell the truth if you really must know, but it's relevant, it doesn't matter. A. Well, the answer is no, but I still don't think it's an appropriate question. Q. Okay. Have you ever had any conversations with Mr. Lou Rader regarding any of the statements made by Mr. Sweetapple? A. I don't think so. Q. You don't think so or you don't recall? A. I don't recall. Q. What about Mr. O'Hare, have you ever had any U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 138 conversations with Mr. O'Hare about any alleged statements by Mr. Sweetapple? A. I believe I did, but I -- I believe I did. Q. Do you recall when you had these conversations? A. I think somewhere between 'll and 114 now. Whatever. It was before or after the RICO filing. Q. In your conversations with Mr. O'Hare, were they over the phone, in person, was there any written communications between you and Mr. O'Hare regarding any statements made by Mr. Sweetapple? A. It would have likely been over the phone or in person. Q. Do you guys ever correspond by e-mail, you and Mr. O'Hare? A. Once in a blue moon maybe. Q. Do you ever correspond by text message? A. Never. Q. What did Mr. O'Hare tell you that Mr. Sweetapple said? A. That I was a criminal. Q. He said specifically that Mr. Sweetapple said, used those specific words, called you a criminal? A. I believe that's the craze -- I believe that U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 139 that's correct. Is there a possibility it was slightly askew of that, I guess the answer is yes, but in theme it was pretty clear. Q. Can you tell me, besides the people you already named, can you provide me with the names of any other residents of the Town of Gulf Stream that Mr. Sweetapple made statements to or stated to that you were a criminal? A. I don't think more than what I have given you, except with a little bit of time I'm sure something will pop into my head, but I suggest to you that from him, he was directly or indirectly, it's town -wide. Q. I'm sorry, what was the last part? A. Town wide. Q. No, I heard town -wide. The directly or indirectly, what were you referring to? A. Well, directly or indirectly. Q. So the town members heard it indirectly or directly? A. I think that's right, yes. Q. But you don't know where the town members were when they heard the statements? A. I'm smiling because I wasn't over their house for dinner. I didn't give them a bath. I U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 didn't wash their dishes. I didn't mow their lawn. I don't know where they were. Q. So they didn't tell you what they heard or how they heard it? A. That's not what you asked. What you asked was where were they. Q. Right. Well, I asked because they could have been at a commission meeting, they could have just seen the news. A. Right. Q. So you don't know if they actually specifically heard any statements made by Mr. Sweetapple, correct? A. I would say they would have directly or 32 indirectly, yes. Q. That wasn't what I asked. I asked whether or not they specifically heard statements made by Mr. Sweetapple. A. I can't answer that question. Q. And by heard indirectly or directly, they could have heard indirectly or directly that the town was filing a RICO suit or the RICO suit was in fact filed, correct? A. They could have heard that or they could have heard that there are some racketeers in town and U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 141 we are filing a RICO suit to burn their ass, which is what the approach that Mr. Sweetapple took, because if you would only see his fees (whistle), you will understand where he is coming from. Q. When did you become aware that this RICO suit was being considered by the Town of Gulf Stream? A. Considered? I can't answer that because considered is such a vague, nebulous term. Q. How many commission meetings would you say you attend a year? A. I don't know, but it would be easy enough to go into their Website and it will tell you right on the front cover. Q. So if there was -- if you attended a town commission meeting if there were discussions regarding a decision or considering the decision of whether or not to file a RICO suit, were you present? A. Well, you ask a question with the broadest of brushes. I'm considering punching you in the mouth. Does that mean I am going to do it? Q. I don't know. A. I'm not, but I'm considering it. I'm considering hitting my son in the head. I'm not going to do it. So when you say consider, I don't know what U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 142 consider means. People consider a lot of things and do nothing. Q. Mr. O'Boyle, use the common language definition of the term consider and please answer my question. When did you become aware that the town was considering filing a RICO suit? MR. GOLDSTEIN: Let the record reflect it appears that Mr. O'Boyle is looking up the word consider. Q. We'll go at it this way. We will rephrase the question because Mr. O'Boyle is clearly having difficulty with the term consider. A. Please don't tell me what difficulty I am having or not. Q. I am asking you a question. I am asking you a question, Mr. O'Boyle. Mr. O'Boyle, when did the town first start discussing -- when did you first become aware that the town was discussing the filing of a RICO lawsuit? A. I can't answer you. Q. Is it that you can't answer because you don't recall or you are refusing to answer? A. Oh, no, it's because I can't recall. I'm sorry. Q. Do you recall whether or not you attended U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 143 A. I do not. Q. Do you recall whether or not you submitted a letter to the commission for the October 10, 2014 meeting which you insisted be read to the town commissioners? A. Well, I don't know that I submitted a letter and I don't know that I insisted as you say. Q. Did you request at your behest that it be read to the town commissioners? A. That what be read? Q. That a note or letter from you to the town commission. A. If I could see it I probably would be able to help you. Q. I'm asking if you recall doing it. A. I have already answered that and I said I don't recall. Q. I believe this is 10, which is the minutes from the October 10, 2014 meeting. (Defendant's Exhibit 10 was marked for identification.) Q. Specifically I direct you to page 48 of Exhibit 10. A. Is there anything you would like me to do? U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 144 Q. Does that refresh your recollection? A. My recollection of what? Q. As to whether or not he submitted a note to the commission on October 10, 2014 meeting that you requested be read to the commission. A. Okay. Q. Does that refresh your recollection as to whether or not you submitted a note and requested it be read to the town commission on October 10, 2014? A. The answer is I did not submit a note. Someone submitted it and suggested that I wanted it read before the commission. Q. Do you know who submitted the note? A. You know, I don't. Q. Did you authorize somebody to submit the note? A. I'm thinking the answer is yes. Q. Did you draft the note? A. I don't know. Q. Is it possible that you dictated the note for someone else to draft? A. It is certainly possible. Q. If you were to dictate the note, who would you have dictated it to? A. Whoever was available. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 Q. Someone at your office? A. Or one of our offices. Q. By our, what are you referring to? A. By what? Q. When you said one of our offices, what were you referring to by our? A. Well, we have -- Florida is not our only office. 145 Q. Again, who are you referring to as our? A. When it's a company, it's not an individual. Q. I understand. I am asking what company or companies you are referring to as our. A. I am not going to answer that question. Q. The basis for you refusing to answer the question is what? A. I am not going to answer the question. It is not relevant. There is no reason that you should know whether I have another office in Alaska. It has nothing to do with a slander suit in Florida. And if you think it does, I'm going to agree with you that we should take it up with the judge. Q. Mr. O'Boyle, I am just asking you follow-up questions to your own testimony hours ago. So I am asking for you to define where it was or what entities that you are referring to, but if you don't U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 is want to answer, that's fine, we can take it up with the judge and move on. Does the manner in which the note was read, is that accurate, that you were -- I'll read it for the record. "In connection with the proposed RICO action, Mr. O'Boyle wished to provide the commission with a warning that any such launch will be met with an unfriendly response." Do you recall authorizing or authoring that or dictating a threat to the town or a warning that if they file a RICO, you are going to go after them? A. I think you have to read the entire entry in context. I don't think you can do what you did. Q. I am asking you a question about a specific statement that was made in it. A. But it's out of context. I think you have to ask it in context. Q. This is my deposition. You cannot dictate to me how I am asking the questions, Mr. O'Boyle. A. I agree with you. Q. So therefore, I am asking you to answer my question. A. What was your question again? Q. My question was do you recall either dictating or authoring the warning and/or threat made U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 to the Town of Gulf Stream that if they filed the RICO suit, it will be met with an unfriendly response? 147 A. Say it again. Q. Did you author or dictate the paragraph that I just read into the record? A. Can you say it again, because when you read it, you shortcut it. Q. I am not asking the question again, Mr. O'Boyle, I have asked it four times. A. That's fine. Let's move on. Q. So you are not going to answer the question? A. I am if we get the questions correct. Q. I have asked the question four times. A. I understand. You have told me that. Now, do you want to answer it -- ask it so that I understand it, I will answer it. If you want. Q. It is a simple question, Mr. O'Boyle. A. If you want to ask it so that I understand it, I will answer it. If you want to be obstinate, you can be obstinate and I'm not going to answer it. What's your pleasure? Q. Quite frankly, my question was did you author or dictate the warning or threat to the Town of Gulf Stream that if they filed the RICO suit, it U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 will be met with an unfriendly response? A. And where is the word threat? Q. I'm not asking a direct quote. I'm asking based -- Mr. O'Boyle, I am not answering your questions. Please answer my question. A. Based on your question, I did not, I did 148 Q. And your statement that you did not is because the word threat is not in there? A. You have asked me to answer a question. I have answered it. Q. I asked a follow-up question, Mr. O'Boyle. Please answer the question. A. What else -- I didn't catch what else may not be in there. If you want to read it again, I will mark specifically what else is not in there and I will do it very quickly so we can get beyond this. Q. Mr. O'Boyle, did you dictate or authorize or author the quote that I previously read into the record. A. I can't tell you whether or not. I can't tell you. Q. Is it that you don't recall or you just don't know? A. Well, I don't know the genesis of this and I U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 149 am not going to rely on the town, on their minutes. Q. If you had authorized somebody to draft this note for you, would that be something that's still in your records, the actual note that was to be submitted, or a copy of it? A. Probably not, but I don't know. It would certainly be in the town's records though, wouldn't it? Q. I am not asking whether or not it's in the town's records, I am asking whether or not it would be in your records. A. Okay. And I have answered you. Q. Do you further recall making the statement that if the town was to proceed going forward in filing the RICO action, it would likely result in Gulf Stream's demise? A. I remember something akin to that. Whether it was in writing, whether it was a letter read, whether it was me up at the podium, whether it was Mr. O'Hare up at the podium or whether it was someone else, I don't know. I can't give you the satisfaction of saying yes, that I did it and, yes, these are my exact words, because I would not be telling you the truth, because I just don't know. So that's probably what I U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 150 can tell you. Q. Can you tell me how your reputation in the community has been damaged by the alleged statements of Mr. Sweetapple? A. I think I have been ostracized. Q. In your opinion you have been ostracized? A. Yes. Q. Now, I believe you testified previously, earlier, that you don't know a lot of people in the town? A. I don't. Q. So how is it that you have been ostracized in a town where you don't really know anybody? A. I didn't say I didn't know anybody. I said I didn't know that many people, remember? Q. That's fine. A. I told it to you a minute ago. Q. That's fine. A. Do you want to start again? Q. Excuse me, I don't appreciate your pointing your finger at me. A. And I don't appreciate you putting words in my mouth. Q. I am not putting words in your mouth. A. You certainly are. Let's go. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 151 Q. I am asking you questions, Mr. O'Boyle -- A. Let's go. Q. -- and you refuse to answer them. A. Let's go. Q. That's fine. My question was, again, if you are going to answer it, how is it that you are ostracized in a town that you don't know a lot of people? A. Although I don't know a lot of people, that doesn't mean a lot of people don't know about people, so that's how. Q. Are you able to differentiate the damages between what Mr. O'Boyle said versus the filing of the RICO suit? A. I have no idea what you just asked. Q. Sure. Are you able to differentiate, to tell me the difference between the damages you incurred based upon the alleged statements of Mr. Sweetapple and the alleged damages you received as a result of the filing of the RICO suit? A. I still don't understand. Q. Can you tell me the difference, if you are able to determine the difference between damages that you may have received as a result of Mr. Sweetapple's alleged statements versus damages that you may have U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 A. You are saying perceived versus what? Q. No, I'm asking you to differentiate -- A. Between? 152 Q. -- between the statements of Mr. Sweetapple and the actual filing of the RICO suit? A. You didn't use the word perceived? Q. I didn't use the word perceived at all. A. Okay. Q. I said differentiate. A. I hate to ask you this, but can you say it again? Q. Are you able to differentiate between your damages resulting from Mr. Sweetapple's statements and the actual filing of the RICO suit? A. I think they are one in the same. Q. What are your specific damages related to the alleged statements of Mr. Sweetapple and the filing of the RICO suit? A. This is a question that was asked of me earlier, either by you or by Mr. Gill, and the answer is as soon as we get our expert report, we will be glad to supply it to you. Q. I think it's a different question, but U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 153 can you provide me what the damages are for Mr. Sweetapple's alleged statements? A. You mean to break it apart? Q. What are your alleged damages with respect to the statements made by Mr. Sweetapple? A. I am not sure I can do that. I think you have to wait for our expert, but please don't lose sight that this is slander per se. Q. I'm fully aware. I am asking you for you to tell me what your damages are. A. And I have answered you. THE WITNESS: You look lonely. MR. GILL: No, I am enjoying the good company. Q. I'm close to done, but I want to take a five minute break. A. Well, why don't we get done. Q. Well, I would like to take a five minute break so I can use the restroom. MR. GILL: I am going to have some recross. Not much, but a little. THE WITNESS: You are going to try to double cross me? MR. GILL: Recross. Recross. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 154 (Defendant's Exhibit 11 was marked for identification.) Q. I show you what has been marked as Exhibit 11. A. Okay. Q. Do you recognize this document? A. It has my handwriting. Q. Did you write this? A. It looks like it. Q. Is this a document you listed out for damages with respect to this claim? A. I don't think so. Q. So you don't think this has to do with your alleged damages in this claim? A. I said I don't think so. Q. So why would you have written this out? A. I am going to assert the attorney-client privilege. Q. Okay, is there a reason you produced this document in discovery? A. It must have been erroneously produced. Q. Are you asserting that the document is a privileged correspondence or privileged communication with your lawyer? A. I am a pro se litigant and this is a document that shouldn't be here, and what label you U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 put on it I can't respond to, I don't have the education or the experience, except to say to the best of my knowledge it's not relevant to this. Q. So you would agree that you are not seeking damages in this matter with respect to any emotional distress or mental anguish, frustration, sleeplessness? 155 MR. O'BOYLE: Let me just interject here. Are you reading from a privileged document? MR. GOLDSTEIN: I am reading from a document that was produced. MR. O'BOYLE: I think that we need to bring this matter up with the judge then. I mean, you have something that has been claimed as privileged. MR. GOLDSTEIN: It was produced by his counsel, so. MR. O'BOYLE: And errors aren't made? MR. GOLDSTEIN: So are you asking me, so you are saying that it needs to be returned to you. Send me something in writing and it will be returned to you if it was produced in error. Q. I can go back. Are you asserting any damages in respect to this claim for emotional distress, sleeplessness, any other type of intangible U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 A. Well, as it applies to this document, the one that is entitled "Damages," that's a privileged document. Q. That's fine. I am not referring to that 156 document anymore. A. As it applies to the damages that we are seeking, when we get our expert report, we will be glad to provide it to you at that time. Q. I'm asking for nonmonetary damages. I'm asking are you seeking any damages with respect to any claims for emotional distress and suffering, irritability, sleeplessness? A. Again, I think our expert will take all of those into consideration, and when we have that information, we will be glad to provide it. Q. Mr. O'Boyle, you previously testified that you are obtaining an expert with respect to loss of business and that you are obtaining an expert to testify as to loss of business, not whether or not you have incurred any emotional distress or pain and suffering. So I'm not sure how that expert with respect to -- are you saying that you are going to retain an expert to testify as to whether or not you had U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 incurred any emotional distress damages as well? A. What I am saying is we are going to obtain an expert to deal with this prong of the litigation. Q. You mean with respect to all of your 157 damages? A. Well, that's what you say. Q. Well, I'm asking for clarification as to what you are trying to tell me, Mr. O'Boyle. A. I'll say exactly what I just said again, and that is in connection with this prong of the litigation, we intend to hire an expert. Once that expert is made available and we have his report, we will be more than happy to provide it to you. Q. And by this prong, are you referring to the questioning that I have been engaging in regarding your damages? A. I'm not sure I understand your question. Q. My question -- the questions I have just asked you all relate to your purported damages in this claim. So is that the prong you are referring to in your response? A. Can you say that again? Q. The questioning I have just been asking you, it's related to your alleged damages in this claim. So is that the prong you are referring to in your U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 158 response? A. Is this the prong? Q. No, the damages portion of your claim, is that the "prong" you are referring to? A. Well, this is the damage portion. See, it says "Damages" right up top. Q. I am not asking about that document, Mr. O'Boyle. You testified you will hire an expert with respect to that prong of this suit. I am asking what your definition of that prong is. By that prong do you mean the damages portion of this suit? A. There is -- the way I see it, and I'm not an expert, so let's understand that. I see it that you have the effect on your business and there is damages and then I see an effect on your personal life and there is damages. That's the way I see it. Q. So can you tell me, as you sit here today, what the effect has been on your personal life of Mr. Sweetapple's alleged statements? A. I cannot. That's an expert's responsibility. Q. Mr. O'Boyle, wouldn't you agree that you are in the best position to testify as to how something affected your own personal life? A. Absolutely not. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 Q. Okay, so as you sit here today, you are unable to testify to any means as to how any of the alleged statements by Mr. Sweetapple has affected your life? A. In a negative, in a negative, in a highly negative way. 159 Q. In what way? Can you provide me specifics as to how it's affected you in a negative way? A. Well, I think there are a multitude of areas, humiliation, embarrassment, you point out ostracization, outrageous contact, loss of face. There is a whole plethora. I don't know what that plethora is. I have not been examined. I don't know what effect it has. I may have a psychiatrist -- I may talk to you and you say, "I think you need a psychiatrist," and I say, "No, no, I don't," and get a psychiatrist and he says, "You need one bad." So you can't ask me those kind of questions because I can't answer them. Q. Have you been treated by a psychiatrist or a psychologist for your damages with respect to this claim? A. No. Have I been? The answer is I'm not going to answer that question. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 M Q. Mr. O'Boyle, it goes directly towards your damages. I need to know whether or not you have been under treatment for the alleged statements of Mr. Sweetapple. A. No, sir, you do not, and I'm not going to answer it. Q. Okay, so we will take that up with the court too, because you have no reason not to answer. Have you sought any medical treatment for any -- arising from any of the alleged statements by Mr. Sweetapple? A. I'm not going to answer that question. Q. Okay, we will take that up. Have you lost any sleep as a result of the statements alleged by Mr. Sweetapple? A. Probably. Q. Okay, have you seen a doctor regarding your loss of sleep? A. No. Q. Have you lost the ability to enjoy life as a result of the alleged statements by Mr. Sweetapple? A. You are asking me to opine on psychiatric issues. I'm not going to do it. Q. I am not asking you to opine on psychiatric issues, Mr. Sweetapple -- Mr. O'Boyle, I am asking U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 161 you to tell me how this has personally affected you, and the only person who I would be able, who should be in the best position to tell me how something has affected the person is the person affected. A. Well, that's what you say. I disagree with you. I think the person who is an expert is the one who could answer the question. Q. Right. Wouldn't that expert have to interview you to find out what your position was in order to find out -- to opine to that? A. My sense is the answer is yes; however -- Q. Why wouldn't -- A. However, however, the expert is not necessarily going to have the same viewpoint or approach things the same way that I will. That's why they call them experts. We will have an expert here. You will look at the expert report. You could ask him all the questions that you like -- him or her. I apologize. Q. But I would like to know what your position is, what you have to say. I don't care about your expert because there is no expert right now. I want to know what you have to testify to, what your position is. How has it affected your life? A. I have answered your question. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 162 Q. In fact you haven't. A. Okay. Q. So we will take that up with the court as well seeing as now you are refusing to answer. Has there been any adverse effect on your life or health that you haven't described here today as a result of the alleged statements by Mr. Sweetapple? A. I am not going to answer that question. Q. Okay, is there a reason you are refusing to answer? A. Yes, because I think it has to do with an expert. I think it has to do with medical and I don't think it has to do with you. Q. Why don't you take a look at what's been marked as Exhibit 1. MR. O'BOYLE: I'm not sure what Exhibit 1 was. 1 should be either over here -- is this 1 and 2? Q. I'm sorry, yes, 1 and 2 should be in there. A. Okay. We have 1. Q. Specifically page 2, response to question 4, and I'll just read it for the record. Question 4 says, "If you seek damages in this matter for alleged intangible injuries, including emotional stress, pain U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 and suffering, state the date you first began to suffer each such injury, conduct, communication or circumstances which give -- gave rise to each such injury, giving the name and address of each witness with personal knowledge of each such injury and the name and address of each witness with personal knowledge of any, of any consultation, therapy or treatment for such injury, including any healthcare provider or member of the clergy." In your response to that question you stated, "Plaintiff has not asserted a claim in this matter for intangible injuries." MR. O'BOYLE: I just want to clarify, Exhibit No. 1 is the Town of Gulf Stream's interrogatory, right? MR. GOLDSTEIN: That's correct. MR. O'BOYLE: Okay. Q. Do you recall providing the Town of Gulf Stream and myself with your response to that question, that you are not seeking any intangible injuries? A. Did I intend what? Q. That you are not seeking, that you have not asserted a claim in this matter for intangible injuries? U.S. LEGAL SUPPORT (561) 835-0220 163 1 1 A. To? 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 164 Q. In response to the town's request interrogatory number 4. A. So you just said a moment ago to your request. That's -- Q. No, I said to the town's request. A. Okay. Q. It was the town's interrogatory. A. I know. They were your words. And what is your question again? Q. Do you recall agreeing to the answer that says that you are not asserting, that you have not asserted in this claim, in this matter for intangible injuries? A. Well, it's written there, so I must have, I must have agreed to it or it must mean something that neither of us are focusing on. Q. Have you ever received any letters or other written communications from anyone regarding the statements that Mr. Sweetapple allegedly made? A. Have I ever what? Q. Received any letters or other written communications about Mr. Sweetapple's alleged statements. A. No, they are not the kind of things you U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 165 receive in the mail. Q. I'm saying something like a note from a friend in the town or Mr. O'Hare, Mr. Rader or Mr. Hanna, or anybody else you may know in the Town of Gulf Stream. A. I think I have answered that, but the answer Q. I personally don't have anything further at this time. Of course, I reserve on many of your objections and refusals to answer, and may have a follow-up depending upon how Mr. O'Boyle -- A. All the ones you want to challenge, maybe what we should do is brief them and then we will submit them to the judge. MR. GILL: There is a procedure. There is a special order for how it is supposed to be done. THE WITNESS: Okay. I am just trying to be helpful, you know. REDIRECT EXAMINATION BY MR. GILL: Q. A few questions. On cross-examination at the beginning you mentioned Commissioner Ganger? A. Uh-huh. Q. What is your opinion of Commissioner Ganger's involvement with the allegations in your U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 166 complaint? A. I think -- I have to give you a general statement. I can't give you a 2:00 last night he told three people at dinner. Q. No specifics, right? That's the theme? A. He was one of the big proponents of this RICO action and he is one of the big proponents of eliminating the Constitutional rights of the people of Florida to get public records. Q. As a town commissioner? A. No, I think as an individual too. Q. What has he done as an individual to do that? A. Well, I know he went to Tallahassee to testify before whatever. Q. Okay. A. I know he stood and talked to Chris O'Hare and I, outside the rear entrance this time, of the town hall, if we want to call it that, and we talked about, we talked about things there, and I would have to -- I would have to play back the meetings. Q. Okay. A. It's hard to remember sitting here. Q. At the meetings he is there as a commissioner, correct? U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 167 A. At the meetings -- well, I don't know that I agree with you. When he is on the dais, I think he is there as a commissioner. When he is in the kitchen, I don't. Q. Okay. Would those recordings, would the recordings of the meetings show what happened in the kitchen? A. I don't think so, but I think the ones in Tallahassee will show what happened in the kitchen. Q. Okay. Okay. I'm sorry, the ones in Tallahassee will show what happened in the kitchen? A. I'm joking. It's getting late. Q. Try not to joke and try to just answer the questions and you will get out of here much faster, Mr. O'Boyle. A. I apologize. The ones in Tallahassee, he is not on the dais, he is up there, he is testifying as Bob Ganger, the man. Q. Okay. So we have got Tallahassee, I got that. I understand that. The things in the dais, he is a town commissioner? A. Yes. Q. Did you have a conversation in the kitchen? A. No. I think it was Chris and I had one outside at the rear entrance to the building. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 Q. Okay. Was this -- approximate, when was this in time? A. It would be either right before or right Im Q. What was the subject matter of your conversation? A. The RICO action. Q. Okay, what did he say to you? A. You know, I don't remember exactly, but it was we are going to file or we are getting ready to file or we are considering filing -- it must have been before they filed -- this RICO action, and I remember Chris saying, "Your crazy, it's going to cost you $5 million," and he said, "It will never cost that much money." And then, of course, they came later with a big board that showed it's going to cost $5 million, and I believe that it's probably going to cost more than $5 million because of -- Q. Was there anything else discussed in the conversation, as you recall, that you just described to me? A. I think Chris probably -- Chris is more active than me. He is a lot smarter than me, by the way. I think Chris, you know, was trying to say to U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 169 him, "What are you doing? You are taking all -- as a matter of fact, I'm certain he said it, although I do get confused. "It cost 12-, $1500 to settle these suits. You are letting Bob Sweetapples of the world build it up for 50,000 apiece. All he is doing is sucking your blood." And, of course, in order for things to work out, sometimes you have to have your listening ears on. Q. Let's focus on what was said, not the opinion part. What did Mr. Ganger say back to you, if you recall? A. You know, the answer is I don't know. It was a general themed conversation, like, "What are you doing? Why are you spending a dollar when on your best day you're getting a nickel? Why?" And that was the general theme of the conversation, and then Chris, as he always does, he loves the town, Chris tried to talk some sense into him, but he didn't have his listening ears on. Q. Okay, so we have talked about things he did on the dais, which you don't remember but said go back to listen to the tapes; we have talked about what happened in Tallahassee; we talked about a conversation behind the kitchen. Is there anything else that Commissioner Ganger had to do with the U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 170 allegations in your complaint as you sit here today? A. I think he also -- I'm not sure, but I think he also went to Bob Currie's office. Q. Okay, what is your basis for that knowledge? A. Bob Currie told me. Q. Okay, what did Bob Currie tell you? A. That Ganger was -- stopped by, and he said something like, "I don't know what's gotten into this guy lately, but he was bad mouthing you," and I don't remember whether he said "bad mouthing you" or "MF'ing" you, I don't remember, but it was that tone, that theme. Q. Okay. When did approximately you have this consideration with Bob Currie where he claims Commissioner Ganger came by his office? A. I wouldn't be able to -- I wouldn't be able to tell you. Q. Okay, is there any other involvement you think Commissioner Ganger had with the allegation in your complaint? A. The answer is yes to your question, but if you follow-up and say to me tell me about him, I can't. Q. Well, this is my one shot to depose you, Mr. O'Boyle, so what you say today is what you get U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 171 stuck with, so you need to think if there is something else you want to tell me about Commissioner Ganger. A. Yes. Thank G -d you don't make the rules, but I have given you the best that I could, and if I think of something, I will certainly alert you. Q. You testified, and I'm paraphrasing so correct me, about trying to -- there was a sign put up about the number of public records requests that have been done and you tried to fix the sign or something? A. Yes. MR. O'BOYLE: Wait, wait, wait. You are talking about an instance that's currently being charged criminally by the Town of Gulf Stream. I am going to instruct Fifth Amendment privilege. MR. GILL: Okay. First of all, you are not an attorney in this suit. So he brought it up. He can certainly describe about what just happened. Okay, he brought it up. A. I apologize, I am pro se. I don't know any better. Q. So you are going to refuse to answer the question about you fixing a sign regarding public records which you referred to previously? U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 172 A. Previously? Q. Yes. I didn't -- this didn't come out of this out of nowhere. You testified about fixing a sign and then I am asking a follow-up question. I just want to clarify that you are going to assert the privilege on anything regarding that. A. I have no idea what you said, but whatever I said I said in error. Please remember, I am pro se, but there are criminal charges pending and I want to assert my Fifth Amendment privilege. Q. Do you personally, as Martin O'Boyle, enter into commercial real estate contracts? A. No. Q. Do you personally, as Martin O'Boyle, have any business deals? A. That's like saying how long is a road. I don't know what you are saying. Q. I think you are seeking damages for lost business opportunities; is that correct? A. Uh-hum. Q. You have to answer verbally. A. Yes. I'm sorry. Q. Would those be business opportunities that you personally entered into as Martin O'Boyle where it was your name on the contract? U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 A. Probably not. As a matter of fact, very likely not, but yeah, likely not. Q. With respect to the Bar complaint, Bar complaints that were filed, those were all against attorneys who had represented you in some fashion, correct? A. You got me. Q. You make allegation in your complaint that one of the acts of retaliation is a Bar complaint that was filed, correct? A. Can you show me where? 173 Q. Sure, or we can go to the interrogatories. That might be easier. We will go to 2. A. I have 2. Q. If you go to page 7. A. I'm there. Q. Subparagraph D, you reference Bar complaints, UPI, complaint and letters to the Board of Bar Examiners. A. Uh-huh. Q. Do you see that? A. Yes, I do. Q. The persons that those were directed to, that the complaints were made about, were all people who represented you as an attorney, correct? U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 174 Did you say Q. No, the complaints that were made -- A. Yes. Q. -- to the Bar, you understand the process of how a Bar complaint works? A. Sort of, but yes. Q. They were complaining about a specific or several attorneys actually, right? A. Right. Q. Those attorneys had represented you at some point previously, correct? A. Right. Q. Is that correct? A. When you say previously, I'm not sure if it's previously or then currently or presently currently, but these are all bogus complaints. These are all made up by Mr. Sweetapple. He knows, he sat there as I called it the biggest piece of shit I have ever seen. You remember that, Mr. Sweetapple, I'm sure. It's right on the record. Q. Let's focus on the answer to my question, which you still haven't. A. Okay. Q. So the attorneys that were the subject of U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 175 those complaints had all represented you, correct? A. No, I didn't say that. What I say is they then represented me, they now may represented me, or they may have represented me somewhere in between. Q. So you think there were attorneys that hadn't yet represented you that were named in the Bar complaint? A. You know, the answer is I don't know everybody who is named in the Bar complaint, so I can't really say for sure, but I don't -- I don't think it's the case. I think, you know, it's what you say. Q. You think I am correct in your statement? A. What was your statement again? We will find Q. That the attorneys in the complaint had represented you. A. I think that's correct. Don't rely on it, but I think it's correct. Q. Your son had already represented you in Florida, correct? A. My son had already represented me in New Jersey, correct. Q. And he had also appeared pro hac vice in the State of Florida? He had asked to be -- I'll U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 rephrase it, that he asked to be admitted for the purpose of one case to represent you in Florida before the Bar complaint was filed. A. Which case would that be? Q. I think the previous sign case perhaps or the initial sign case. A. I can't say, and by the way, just to point out, every one of these Bar complaints, UPL complaints, they all went down in flames, just like they should have. 176 MR. SWEETAPPLE: Mr. Gill, that's not accurate. There is a letter that actually -- so it's just another misstatement by Mr. O'Boyle, so we will talk to that outside the record. A. Just call me Misstatement Marty. Q. Have you ever been prevented from attending a Town of Gulf Stream Commission meeting? A. Never. Q. Have you ever been escorted out of a Town of Gulf Stream Commission meeting? A. Never. Q. Have you ever had the decorum policy enforced against you? A. Never. By the way, you should read that decorum policy. U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 Q. You were asked some questions about a JF reference in some of the banner, airplane banner signs. A. I think that's right, yes. Q. Do you know who you were referring to with I JF? 177 A. I knew what I was referring to, but I don't think the other 350 million people in the United States did. Q. What were you referring to? A. Jones Foster. Q. I don't have any further questions of you at this time, Mr. O'Boyle. MR. GOLDSTEIN: I have one follow-up question. RECROSS -EXAMINATION BY MR. GOLDSTEIN: Q. You stated, when Mr. Gill was asking you some cross and recross, that Mr. Sweetapple, my client, drafted the unauthorized practice of law complaint. Do you have any evidence that would prove, that would establish that Mr. Sweetapple actually in fact drafted that complaint? A. Yes. Q. What evidence do you have that he in fact U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 A. He signed it. Q. He signed the unauthorized practice of law complaint submitted to the Bar? P_�dzlw Q. He signed it? A. Yes, as did Joanna O'Connor. Q. Not Mayor Morgan? A. No. No, I think Morgan signed the Bar complaints, if that's where you are heading. Q. So Morgan signed the Bar complaints? A. I believe so. 178 Q. And you are referring to something completely separate? A. Yes. The unauthorized practice of law is a bit more serious, don't you think? Q. I am not here to answer your questions, Mr. O'Boyle. A. That's true. There will come a day. MR. SWEETAPPLE: That means he is going to sue you too, so you'll join the club. Q. So these were letters that were submitted for the unauthorized practice of law? A. Pardon? Q. There were letters submitted. Have you U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 produced those? Have you produced those letters in this case? A. I have never seen them. Q. So how do you know Mr. Sweetapple signed 179 A. Because I went up to see Jones Foster and they had it on the table, and I said, "Whose brain child was this piece of shit?" Q. You just testified you have never seen it. A. This was signed by him. It was a pleading. Q. It was a motion. A. A motion. Okay, yeah. Q. Perhaps a motion to disqualify, Mr. O'Boyle? A. I don't think so. Q. Okay, I have got nothing further at this time. However, again, I reserve my right to renew this deposition, depending upon the court's ruling. MR. GILL: You have the right to read your deposition once it has been transcribed to ensure that it has been transcribed accurately or you can waive that right and assume it's been done. It is your right to say on the record whether you want to read it or waive it. THE WITNESS: Pardon? MR. GILL: You need to go on the record and U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 say whether you want to read the deposition to ensure that it's been transcribed accurately or whether you want to waive that right. THE WITNESS: And I have to do that right now? MR. GILL: You have go on the record and say read or waive. You can always waive later on, so. THE WITNESS: I appreciate that. Read. (Time noted: 5:15 p.m.) U.S. LEGAL SUPPORT (561) 835-0220 180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 C E R T I F I C A T E O F O A T H STATE OF FLORIDA COUNTY OF PALM BEACH ME I, RICHARD GREENSPAN, FAPR, RMR, CRR, FPR, Notary Public, State of Florida, certify that MARTIN E. O'BOYLE personally appeared before me on May 16, 2016 and was duly sworn. Signed May 24, 2016. RICHARD GREENSPAN, FAPR, RMR, CRR, FPR NOTARY PUBLIC - STATE OF FLORIDA My Commission #FF 076190 Expires: March 12, 2018 U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 C E R T I F I C A T E STATE OF FLORIDA 182 I, RICHARD GREENSPAN, FAPR, RMR, CRR, FPR, certify that I was authorized to and did stenographically report the deposition of MARTIN E. O'BOYLE, pages 1 through 180; that a review of the transcript was requested; and that the transcript is a true record of my stenographic notes. 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 May 24, 2016. 9/ � RICHARD GREENSPAN, FAPR, RMR, CRR, FPR U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 183 ERRATA SHEET DO NOT WRITE ON THE TRANSCRIPT, ENTER CHANGES ON THIS PAGE IN RE: O'Boyle v. Sweetapple Martin E. O'Boyle May 16, 2016 PAGE LINE CHANGE REASON Under penalties of perjury, I declare that I have read my deposition transcript, and it is true and correct subject to any changes in form or substance entered here. DATE MARTIN E. O'BOYLE U.S. LEGAL SUPPORT (561) 835-0220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martin O'Boyle May 16, 2016 184 May 23, 2016 Martin E. O'Boyle 1280 West Newport Center Drive Deerfield Beach, Florida 33442 In Re: O'Boyle v. Sweetapple Deposition taken on May 16, 2016 U.S. Legal Support Job No. 1403046 Please call to schedule an appointment between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, at a U.S Legal Support office located nearest you. Please complete your review with 30 days. Sincere y, 1 Richard Greenspan, FAPR, RMR, CRR, FPR U.S. Legal Support, Inc. 444 West Railroad Avenue, Suite 300 West Palm Beach, Florida 33401 561-835-0220 CC via transcript: Hudson Gill, Esq. Joshua Goldstein, Esq. U.S. LEGAL SUPPORT (561) 835-0220 $1500 169:3 $180,000 38:9 $250,000 55:24 56:3 57:9 $5 122:15,25 123:16 168:14,17,19 $608,000 54:7 $74,000 53:6, 13,22,23 1 1 7:2,7 16:5, 8 18:6 19:22 58:10 59:9 122:19 162:16,17,18, 20,21 163:14 1,000 78:11 10 63:4 143:1,4,19, 20,21,24 144:4,9 100 34:15,18 103:6 11 68:13 119:24 120:1 125:12 138:6 154:1,3 12 68:13 12- 169:3 12:48 62:3,25 63:5 13 68:12,13, 14 73:10 119:24 120:1 125:12 14 138:6 140 56:16 14\1 41:18,19 15 44:23 Martin O'Boyle May 16, 2016 19 68:11,12 1981 67:13, 14,18,21 73:15,19 74:21 77:5 1:43 64:2 2 2 7:4,7,15 13:6 25:23 51:1,10 52:25 53:5,12 58:13 63:4 122:17 162:19,20,22 173:13,14 20 30:19 34:20 111:25 2000 82:25 2007 79:3 81:15,17 2008 77:13 79:4 81:15,17 83:7 2010 59:9 2011 72:10, 17,19 73:10, 15,19 74:21 77:4,5 82:21 83:1,9 84:3,4 111:13 127:6 2011-2013 127:5 2012 68:12,14 72:8,9,20 2013 25:25 35:12,21 71:16,20 72:3,8,9,10, 19,20 111:13 125:19,24 2014 31:23 32:12 33:3 49:18 51:1,10 89:12 96:10 97:25 109:14 126:12 128:14,21,24 129:7,10,17 130:15 131:18 132:1,6,12 133:9 134:10 143:1,4,20 144:4,9 2014CA004474 43:15 2014CA4474 55:3 2015 51:2 21 32:18,25 61:21 25 97:25 26 51:2,19 2:00 63:2 166:3 2:59 111:1 7 3 15:25 16:8 28:24 41:4,5 52:24 62:17, 19 95:25 96:2 100:8 128:12, 14,21,24 129:7,10,16 130:15 131:18 132:1,6,11,25 133:3,4,9 134:10 135:12,24,25 136:2 30 69:9 32 100:25 101:2 118:1 33 132:4,8,16 134:13,25 34 132:4,8,16 134:13,25 135:19 35 67:19 35,000 54:25 55:5 350 177:8 U.S. LEGAL SUPPORT (561) 835-0220 3:00 62:20 111:1 4 4 15:25 16:8 41:22 162:22, 23 164:3 40 120:8 46 58:23 68:24 69:1,9 48 143:23 5 5 11:1 31:21 34:9 44:20 45:1 51:15 50 20:17 115:7,15 117:18 50,000 169:5 6 6 33:24 51:17 100:24 608,000 54:7 7 7 7:14,21 8:6 9:16 10:10 13:8,9,12 15:24 42:1, 10,18,19 43:4 45:1 48:12 88:9,12 128:11 173:15 8 8 7:15,21 35:2 43:13 45:2 48:12 95:8,10 3 He 68:16 9 49:20 100:4,6,11 109:13 121:12 A a.m. 42:1,10, 19 43:4 ability 160:20 absolute 93:22 absolutely 24:5,11 60:23,25 68:20 90:8 92:1 158:25 abstract 105:12,13 accommodate 6:11 accommodating 8:25 accordance 38:5,14 69:16,19 accounting 124:25 accurate 95:16,23 146:4 176:12 accused 28:5 acquaintance 34:13 acronym 78:1 act 44:17 79:2,7 80:2, 22 action 24:5 53:7,14 54:8 92:25 112:24 122:13 146:6 149:15 166:7 Martin O'Boyle May 16, 2016 168:7,12 actions 60:22 117:16 active 168:24 activities 8:7,19 9:6 52:9 activity 9:15,19 16:16,19 31:25 33:21 49:6 acts 9:8 23:1,24 26:23 32:9 33:8 101:8 173:9 actual 149:4 152:7,16 added 24:3 addition 100:3 115:10 additional 25:18 102:13 116:4 135:23 address 163:4,6 addressed 25:11 33:21 adjudicate 44:13 adjudicated 50:15 administrative 34:1,5 admissible 75:17 admits 60:17 admitted 45:25 46:3,9, 12,13 47:17 48:6,18 49:15 176:1 advance 127:10 adverse 91:25 162:5 advice 125:18 advised 128:23 affected 158:24 159:3, 6 161:1,4,24 affects 126:3,6 affirm 5:6 afternoon 35:21 64:1,8 agencies 34:1,5 agree 32:20, 25 44:7 60:7 82:19 145:20 146:20 155:4 158:22 167:2 agreed 164:16 agreeing 164:11 agreement 35:11,23 36:2,13,25 40:6,9 ahead 69:19 107:25 117:25 aided 33:6 airplane 43:13 52:20 177:2 airplanes 18:7 43:21 akin 78:10 149:17 Alaska 145:18 alcohol 27:14,15,17 69:1 alert 66:3 102:14 171:6 alerted 111:1 alerting 91:17 aliases 93:21 allegation 170:19 173:8 U.S. LEGAL SUPPORT (561) 835-0220 allegations 115:4,5,9,12, 14 131:19 135:23 165:25 170:1 allege 101:2 alleged 57:19 121:25 136:11 138:1 150:3 151:18,19,25 152:19 153:3, 5 154:13 157:24 158:19 159:3 160:3, 10,15,21 162:7,24 164:23 allegedly 59:24 96:18 129:9 134:14 164:20 alter 8:24 Amazing 69:11 amended 7:13 12:1 100:12, 15 101:3 121:13 131:21 132:16 133:9 134:12,25 Amendment 8:7 9:11,15 10:18 11:7 16:17,19 38:5,15 49:6 52:9 64:18,21 69:16,20 70:4 171:16 172:10 amendments 12:7 America 32:19 61:21 78:12 amount 54:1 55:23 and/or 22:15 31:3 33:25 123:22 146:25 angry 50:8 64:24 t'. anguish 155:6 announcement 92:12 answering 21:16 75:7,9, 13 94:18 99:23 131:14 148:4 answers 7:12, 13,14 25:20 36:18,21 58:11 62:10 109:12 anti -mayor 13:10 14:17, 23 anti -morgan 14:13 anymore 50:20 156:6 apiece 169:5 apologize 6:2 19:15 83:10 110:10 133:24 134:2 161:19 167:16 171:21 apology 38:9 apparently 98:20 appeal 50:19, 20 appealing 33:25 34:4 appearance 17:13,18,19 18:1 45:13 76:8 appeared 175:24 appearing 45:18,20 appears 18:10 45:24 100:14 142:8 appellate 44:10,13 applaud 92:10 Martin O'Boyle May 16, 2016 Apple 87:11 88:8,10,15 89:8,10,17,18 90:11,12,14 apples 86:14, 21 87:17 88:23 applies 156:2,7 approach 141:2 161:15 approval 72:2 approve 38:4 113:15 approved 106:20 approximate 168:1 approximately 55:5 170:13 April 97:24 architect 69:8 111:7,11 113:3 architectural 26:13,14 area 68:12,19 111:14 areas 159:10 arising 160:10 Army 122:19 arose 68:15 84:8 arrested 49:15 askew 139:2 aspects 45:15 ass 24:8 38:25 141:1 assembles 16:1 assert 154:16 172:5,10 asserted 77:1 163:11,24 164:13 asserting 154:21 155:23 164:12 associates 16:1 101:5,10 assume 5:25 7:23 45:7 assumed 11:25 assuming 36:24 45:17 130:12 attend 141:10 attended 113:13 141:14 142:25 attending 176:16 attention 116:23 attorney 18:4 45:19 52:12, 16,21 96:11 113:24 128:15 133:10 136:24 137:2 171:18 173:25 Attorney's 81:10 82:18 83:6,12,16,24 84:2 attorney- client 154:16 attorneys 37:15 43:15 44:1 101:6,10 127:11 173:5 174:9,11,25 175:5,16 audience 103:7 author 147:5, 24 148:19 authored 86:4,10,24 authoring 146:9,25 authorize 19:6,10,21,23 U.S. LEGAL SUPPORT (561) 835-0220 71:12 91:7 92:16 144:15 148:18 authorized 19:1 20:4,9, 10 22:2 85:25 86:16 87:2 90:17 91:3 149:2 authorizing 86:3,19 91:13,19 146:9 aware 41:16, 24 42:7,17 43:2 76:20 116:18 129:15 132:1 141:5 142:5,18 153:10 B B -r -i -g -h -t 101:24 back 8:3 10:22 14:9 15:19 30:18 34:9 62:23 63:1 66:18 77:13 78:19, 21,25 94:18 95:1,3 104:1, 13,17,23 105:10,23 106:2,3,6 107:2,18,19 108:6,8 109:10 116:13,22 118:15 120:20,21 121:12 122:8 125:3 126:19 128:10,21 133:16,18,20, 23 134:1,8 155:23 166:21 169:10,22 9 background 84:19 backtrack 67:9 bad 65:3 127:12 159:18 170:9,10 bankrupting 65:3 banner 18:7, 9,11,12,18, 23,25 19:2,3, 5,10,12,21 20:2,8,10,24 22:1 23:3,25 24:10,12,14, 19 42:8 43:3 85:20,25 86:3,5,10,20 87:2 91:7,13, 20 92:16,18 177:2 banners 40:12 43:13 52:12, 15,20 85:8,12 86:13 90:17, 21,24 91:2 bar 23:20,22 44:20,21 45:8,9,25 46:3,7,17 47:12,13 48:2,3,7,19 173:3,9,17,19 174:5,6 175:6,9 176:3,8 178:4,9,11 based 8:22 11:14 51:12 76:8 78:23 79:14 88:25 128:3 134:10, 11,17 148:4,6 151:18 basing 58:21 94:21 basis 23:9 Martin O'Boyle May 16, 2016 75:7 76:17 80:8 89:17 92:6 132:7 145:14 170:4 bath 109:7 139:25 bathroom 6:20 beach 18:21 20:9 22:3 23:3 52:21 81:11 83:6,8 85:9 86:13,20 87:2 88:4,5 91:3 103:15, 23 104:19 106:19 111:7 113:3,4,6,9 Bear 44:18 beautiful 68:20 began 28:21 163:1 begin 64:23 beginning 165:22 behalf 18:12, 24 behest 143:9 believes 55:20 belittled 27:1,11 belittling 28:11,20 bell 106:25 107:17 122:20 belonged 21:2 benefit 72:13 bet 29:17 big 10:11 60:15 68:16 66:17 109:8 166:6,7 168:17 biggest 23:6, 17 174:19 Bill 13:18 bills 22:24 91:9,18 92:17,20,22 bit 6:1 37:22 66:13 96:20 109:25 139:10 178:16 bless 97:12 block 40:21 blonde 27:16 38:22 blood 107:5 169:6 blue 138:16 board 44:21 45:9 47:13 93:19 122:15, 21,23 168:17 173:18 Bob 57:24 69:7 87:3 99:24 101:25 103:9 104:5, 7,19 105:19 110:23,24 111:5,6 112:4 116:12 167:18 169:4 170:3, 5,6,14 bogus 174:17 boiled 86:14 bond 122:18 bottom 45:1 boy 23:11 bragging 99:16 brain 112:14 breached 35:11,23 36:2 break 6:9,23 62:4,5 153:4, 17,20 breakdown 123:16 breakfast 109:13 U.S. LEGAL SUPPORT (561) 835-0220 Brigade 117:3,5 Bright 101:22 108:15,23 109:16 116:15 bring 155:12 brings 15:19 73:6 broad 34:7 64:21 broadest 141:18 broke 64:15 brought 34:21 88:3 96:24 116:23 122:15 171:18,20 brushes 141:19 buck 86:7 buckteeth 38:22 bucktooth 38:22 budget 122:17 123:2 build 169:5 building 69:2,10 118:17,21 124:23 167:25 built 40:13, 14 bunch 119:5,6 bundle 61:18 burn 141:1 business 27:17 55:23 56:1,6,8,11, 15,23,25 57:4,7 58:2, 3,16,23,25 59:24 61:3 67:11 101:5,9 113:8 117:19 156:19,20 158:14 0 172:15,19,23 business -wise 56:2 button 13:4,5 14:14,17,24 15:8,13,20 1i C -u -r -r -i -e 102:2 call 13:10, 11,16 38:17 62:16 71:8,10 80:25 111:1 124:23 161:16 166:19 176:15 called 26:14 28:25 30:15 39:4,5 78:2 80:10,12 81:19 82:16 116:24 124:13 135:20 138:23 174:19 calling 28:1 70:20 71:1 camera 50:8, 9,11,12 cameras 35:7 campaign 31:22 32:6,11 33:2,9 cancer 112:14 candy 93:12 canvas 20:8 capable 75:15 car 27:9 43:7 care 70:23 161:21 case 16:4 36:7,10 55:3 65:11 75:11, 16,24 80:3 123:21 129:22 175:11 176:2, 4,5,6 Martin O'Boyle May 16, 2016 cases 80:2 129:23 catch 148:14 caused 55:22 60:8 causing 49:11,13 center 103:6 certiorari 37:1 chains 13:23 challenge 165:12 chamber 121:4 chambers 125:1 Chandler 101:14 changed 119:25 character 38:21 charge 130:18,20 charged 111:24 171:15 charges 172:9 Charlie 37:1 charts 28:14, 18 check 56:15, 17 91:8 children 103:16 chill 37:25 choose 60:15 Chris 54:21, 22 96:11 103:11 107:1 128:15,16 133:11 166:17 167:24 168:13,23,25 169:17,18 circle 34:21 circuit 46:24 circumstances 163:3 citation 11:17 12:17, 19 21:23 26:17 cite 26:20,22 38:8 cited 11:20 12:13,15 20:18,23 21:3 41:18 42:2,9, 13,14,20 79:8,17,19 citizens 33:5 city 20:6 61:2 73:18 117:18 claim 9:10 10:9 11:6 16:17 23:24 24:17 35:19 58:25 59:7 106:21 154:10,13 155:24 157:20,24 158:3 159:23 163:11,24 164:13 claimed 35:10,16 36:5 155:14 claiming 9:9, 20 16:2,10, 18,21 23:2 24:9 25:8 26:24 32:10 33:8 35:20,24 56:19,22 58:16 claims 54:9, 12 132:7 134:22,25 156:12 170:14 clarification 46:16,19 114:13 157:7 U.S. LEGAL SUPPORT (561) 835-0220 clarify 5:24 6:7 114:8 117:4 163:13 172:5 clarity 45:3 73:7 class 17:2 clean 50:11 clear 6:15 13:2 15:15 35:25 42:17 56:22 57:3 69:4 79:22 98:16 104:4, 16,18 105:15 106:7 110:6, 9,11 113:23 114:13 124:14 130:13 139:3 clergy 163:9 client 85:10 93:4 106:13 177:20 client's 85:13 clients 91:8 close 61:19 153:16 closer 50:7 closest 94:1, 3,5,11,22 club 178:21 CNN 94:9 Coastal 30:16 109:25 116:21 collapse 23:9 colleagues 101:5,9,18,20 comfortable 100:16 commentary 97:18 comments 66:23 128:7 commercial 57:14,17 59:1 172:12 5 commission 11:2 26:9,15 31:22 32:11, 16 33:2 92:20 113:13,19 117:17 118:12 123:3 124:14 140:8 141:9, 15 143:1,4,13 144:4,5,9,12 146:6 176:17, 20 commissioner 27:18 71:1,5, 11 165:22,24 166:10,25 167:3,21 169:25 170:15,19 171:2 commissioners 32:13 61:2 70:20 93:6 101:15 118:10 124:13 143:6, 10 commit 51:12 common 142:3 communication 154:22 163:2 communications 17:8 65:25 116:1,10,14 128:22 138:10 164:19,23 community 55:22 60:7,20 150:3 companies 145:12 company 15:1 145:10,11 153:15 compared 61:11,12 complaining 174:8 Martin O'Boyle May 16, 2016 complaint 44:21 45:9 47:13 48:8 50:22 85:4 100:12,15 101:3 121:13 131:21 132:3, 9,17 133:9 134:11,12,17, 18,25 135:15, 17 166:1 170:1,20 173:3,8,9,18 174:6 175:7, 9,16 176:3 177:21,23 178:4 complaints 23:19,22 44:20 45:8 47:12 48:7,19 173:4,18,24 174:3,17 175:1 176:8,9 178:10,11 complete 8:12,13 10:1 completely 74:2 178:14 complexity 96:20 compliance 60:11 comprehensive 16:24 conclusion 58:22 conditions 46:13 conduct 26:17,19 55:21 56:20, 23 57:19 58:4 59:2,25 60:8 163:2 confidential 135:20 136:7 confidentialit y 97:3 confirm 22:6, 20 136:1 confirming 106:1 confused 169:3 connection 17:5 33:16 52:11 53:6,13 55:2,7 146:5 157:10 consideration 156:15 170:14 considered 141:6,7,8 constituency 22:16,19 Constitution 38:6 60:14 69:17,20 Constitutional 60:23,25 81:1 166:8 consultation 163:7 contact 52:1 159:11 contacted 52:6 contacts 59:1 contained 8:20 content 22:1, 10,18 29:6 36:12 38:18 107:9 context 27:5 35:22,24 146:13,16,17 contract 172:25 contracts 57:14,18 172:12 U.S. LEGAL SUPPORT (561) 835-0220 conversation 14:3,5,11 15:7,18 31:5, 12,17 48:24 49:11,13 104:20 105:20 106:14 109:17 110:21,22 111:22 112:13,17,22 114:1,15 115:1,25 118:23 119:9 136:21 167:23 168:6,21 169:13,17,24 conversations 14:22 26:6 30:7 31:18 65:25 67:2 106:13,18 109:1 110:16 112:10 114:17,20,22 115:3,10,18, 23 116:4,19 121:18,22 128:24 129:4, 5,11 136:10, 15,20 137:19 138:1,5,8 convey 101:6 conveyed 99:11 cooperative 84:11 copy 29:12,22 95:16,20,23 100:11 149:5 correct 13:14 18:9 31:23 36:17 39:20 41:10 44:9, 17,22 45:10, 19 46:1,3 47:17 50:15, 23 64:18 67:8 72:4 77:6,7 81:5,7 83:20 9 85:10 86:18 88:17 89:13 90:18,23 93:1 94:24 95:6 102:17 114:10 121:16 135:8, 15 139:1 140:13,23 .147:13 163:16 166:25 171:8 172:19 173:6, 10,25 174:12, 14 175:1,13, 18,19,21,23 correspond 138:14,17 correspondence 154:22 cost 168:14, 15,17,18 169:3 costs 53:6, 13,22,24 54:25 55:6 council 121:4 counsel 17:6, 8,11,14 75:14 76:7 125:1 136:24 155:17 count 29:4 counterclaims 54:8 country 94:11 113:7 County 22:3 23:4 81:11 83:6,8 85:9 86:13,20 87:2 91:3 couple 9:25 12:6 62:10 109:9 court 5:3,19 33:22 43:23 44:8,10,13, 14,17 50:17 54:8 78:24 85:7 97:25 Martin O'Boyle May 16, 2016 104:17,23 105:4,8,10 106:1,6 133:22,25 134:7 160:7 162:3 courts 33:25 34:4 44:15 cover 141:13 coverage 39:19 craze 138:25 crazy 168:13 creep 80:17, 19,20 criminal 101:7 103:10 104:6,8,21 105:17,22 106:15 107:9 108:3 109:20 119:14,18 122:2 123:20 126:23 127:14 135:5 138:21, 24 139:8 172:9 criminally 171:15 criminals 118:18 119:6 critical 18:13 28:9, 12,17 52:15, 21 criticized 64:17 cross 153:24 177:19 cross- examination 64:6 165:21 crowd 97:8 118:3,5 Culver 55:1,6 current 59:10 Currie 69:8 101:25 110:23 111:5,6,8,15 112:9 113:12, 23 114:6,16, 21 115:2,10, 19 116:5 170:5,6,14 Currie's 170:3 cute 68:7 cycle 31:23 32:12 33:3 dais 122:3,9 124:5,6,13 125:4 167:2, 17,20 169:21 damage 55:23 56:1 58:2 60:5 158:5 damaged 56:20,23,25 57:7 58:3 77:2 150:3 damages 56:6, 7,8,11 58:17 59:1,24 76:23 151:12,17,19, 23,25 152:15, 18 153:2,5,11 154:10,13 155:5,24 156:3,7,10,11 157:1,5,16, 19,24 158:3, 6,11,14 16 159:22 160:2 162:24 172:18 damn 93:22,24 date 59:10 72:14 79:12, 13,15,19 83:7 119:22 125:12,16 163:1 dates 18:8 65:25 120:1, U.S. LEGAL SUPPORT (561) 835-0220 4,5,7 125:15 day 8:14 25:16 98:13 119:25 169:15 178:19 days 9:25 deal 25:13 57:22,23,25 60:15 157:3 dealing 123:23,25 deals 57:14, 18 61:3 172:15 decide 69:14 78:25 105:4 106:1 decided 60:3 70:7,8 73:11 89:7 decides 44:10 decision 93:7 141:16 decisions 28:10,22 declaration 67:18 decorum 9:2 176:22,25 Dee 39:2,13 71:18,22,24 defamation 121:10 defamatory 134:14 defamed 135:22 defaming 135:4 defendant 64:9 defendant's 7:2,4 41:5,22 51:15,17 88:12 95:10 100:4 143:21 154:1 7 defending 37:15 defense 54:7, 9,12 59:7 define 145:24 definition 142:4 158:10 degree 60:19 69:7 Deleo 69:7 Delray 18:21 20:9 21:24 108:22 111:7 113:3,4,6,9 demise 149:16 demonstrative 66:12 denial 73:3 denied 70:7 72:1,3 dents 88:4 deny 69:14, 18,21 70:12 department 124:25 depending 62:9 165:11 depends 94:20 124:22 depict 123:14 depose 33:16, 18 170:24 deposed 5:14 75:22 deposition 7:8 25:17 32:22 59:15 66:15 76:2,5, 9 84:18,21 88:3 101:12 133:21 136:13 146:18 depositions 5:15 describe 38:18 171:19 Martin O'Boyle May 16, 2016 design 69:9, 10 desk 30:17 Desouza 17:6 Desouza's 53:16,19 destroyed 56:3 destroying 98:9 detail 7:21 49:2 details 128:18 determine 59:22 151:23 development 69:10 dice 36:2 dictate 144:23 146:18 147:5,24 148:18 dictated 144:20,24 dictating 146:10,25 difference 72:9 86:17 151:17,22,23 differentiate 151:12,16 152:4,11,14 difficult 65:24 109:11 difficulty 142:12,13 dinner 93:8, 10 111:19 139:25 166:4 diocese 124:4 direct 5:11 96:3 143:23 148:3 directed 10:2 11:13 16:13 134:19 173:23 directing 17:12 directly 27:2 77:8 85:2 119:10,13,15 122:7 137:14 139:12,16,18, 20 140:14,20, 21 160:1 disagree 161:5 disclosing 18:3 discovery 75:17 128:19 154:19 discussed 18:3 91:4 130:9 166:20 discussing 132:21 142:18,19 discussion 59:12 99:5 110:13 113:20 114:5 126:15 discussions 129:16 141:15 dishes 140:1 dismiss 96:12 97:1 129:22 displayed 19:6 dispute 66:19,22,25 67:3,4,6 68:2,9 70:6, 10 83:12,15, 23 84:1,3,8 disputes 67:25 68:3,8 distress 155:6,25 156:12,21 157:1 District 17:23 46:17 U.S. LEGAL SUPPORT (561) 835-0220 divide 61:18 docket 100:19 doctor 160:17 document 22:5 88:14,25 89:4 100:13,17 154:5,9,19, 21,25 155:9, 10 156:2,4,6 158:7 documents 7:10 58:1 78:8,9,11 dollar 169:14 domiciled 67:24 donations 122:20 donkey 38:20, 23 70:1,9,15 door 14:9 118:14,15 122:8 123:22 126:19 doors 93:6 double 153:23 double-check 83:22 Doug 33:3 34:10,11,20, 24 draft 144:18, 21 149:2 drafted 177:20,23 178:1 draw 40:15,16 Drexell 47:9, 25 drink 91:20 drive 91:20 driven 19:12, 14,19 driveway 20:2 driving 92:4 drop 130:18 dropping 6:19 Duane 69:8 duly 5:9 64:4 Dum 39:3,4,5, 13 71:19,22, 24 Dump 13:6,7 E e-mail 136:21 138:14 ear 126:24 earlier 17:18 63:2 75:18 84:3 85:8 116:14 150:9 152:22 early 45:23 ears 169:8,19 easier 173:13 easily 55:18 easy 45:7 49:22 141:11 easy-going 110:20 eat 49:19 editorial 110:1 116:20 education 155:2 effect 158:14,15,18 159:14 162:5 effort 23:11 elected 30:3 election 31:23 32:6, 12,18 33:3 37:7,14,20 61:8,17,20, 21,22 elections 32:20,25 eliminating 166:8 Martin O'Boyle May 16, 2016 Elmore 61:13 email 116:7 embarrassment 159:10 emotional 155:5,24 156:12,21 157:1 162:25 emphasis 132:2 employee 14:16 30:4,7 102:20 employees 14:23 31:19 102:17 enchilada 24:12 end 48:4 64:15,23 77:18 enemy 80:10, 12,25 enforced 176:23 enforcing 60:25 engage 9:16 17:15 engaged 9:7, 20 16:18,21 23:16 52:9 engaging 37:6,12,19 49:6 157:15 England 106:25 enhance 66:14 101:13 enjoy 160:20 enjoying 153:14 enter 43:16 172:11 entered 17:13 76:7 172:24 entering 17:19 entire 39:18 65:24 69:21 110:4,5 134:17,24 146:12 entities 56:16,19,24 57:1,4 137:1, 5,8 145:25 entitled 56:11 60:13 90:3 156:3 entitlements 56:13 entity 73:23 74:23,24 75:4,12 87:15,21,24 88:22 89:8,18 entrance 166:18 167:25 entry 100:19 146:12 envisioned 107:16 episode 110:4 equals 40:9 erred 83:10 erroneously 154:20 error 155:22 172:8 errors 155:18 escorted 176:19 establish 57:6 107:12 177:22 estate 57:14, 18 59:1 172:12 event 48:25 49:25 events 8:15 U.S. LEGAL SUPPORT (561) 835-0220 evidence 65:19 75:16, 17 107:6,12 108:2 117:13 123:15 177:21,25 evidenced 132:3 evident 123:8,9 exact 40:20 65:14 91:10 149:23 EXAMINATION 5:11 165:19 examine 57:3, 5 examined 5:9 159:13 Examiners 44:22 45:10 47:14 173:19 examples 28:1 excuse 8:1 150:20 exercising 60:22 64:17 81:1 exhibit 7:2, 4,15,25 41:4, 5,21,22 51:14,15,17 52:25 58:10 88:12 95:8,10 100:4,6,11 121:12 126:11 143:21,24 154:1,3 162:16,17 163:14 Exhibits 7:7 existence 115:16 exit 41:8 expedition 84:12 experience 28:6 69:9 9 155:2 expert 57:8 58:5,7 60:2 152:23 153:8 156:8,14,18, 19,23,25 157:3,11,12 158:8,13 161:6,8,13, 16,17,22 162:13 expert's 59:20 158:20 experts 161:16 explain 36:20 48:25 84:10 117:23 118:1 explained 117:24 explanation 118:5 expression 129:20 extent 116:8 125:17 extra 62:15 extremely 61:9 eyes 129:19 F face 50:5,7 56:4 87:5,8 159:11 face-to-face 106:14 facing 50:9 fact 54:12 58:16 65:6, 18,20 70:25 75:22 82:16 91:23 105:6 107:13,14 109:24 117:14 122:13 131:6 136:5,19 Martin O'Boyle May 16, 2016 140:22 162:1 169:2 173:1 177:23,25 facts 37:17 46:24 56:21 131:6 fair 6:22 67:21 73:2 89:12 falsely 35:10,16 familiar 77:25 87:18, 19 familiarize 7:18 family 16:2 27:14 farts 87:3 fashion 45:18,21 116:10 173:5 fast 6:1 131:22 174:1 faster 167:14 father 46:20 47:1 fault 25:14 February 33:7 109:13 federal 20:10 32:1,5 33:22 44:14 54:8 101:8 feel 66:23 73:14 feeling 65:16 66:10 69:13 80:18 fees 37:15 53:6,13,16, 19,22,23,24 54:25 55:6 137:6,9 141:3 feet 20:17 fellow 34:11 felon 48:4 felt 65:17 figure 57:10 figured 99:25 100:3 figures 58:1 file 17:25 50:13 77:13 80:2 95:20 136:5 141:17 146:11 168:10,11 filed 23:14 24:4 33:24 36:15,16 37:4,10,18 43:14 44:8 57:24 76:14 77:15 79:4 80:8 92:25 93:20 98:3 100:20 140:23 147:1,25 168:12 173:4, 10 176:3 filing 34:2 60:16 71:15, 17 74:17 75:19 79:6 80:1 106:20 110:16 112:23 113:1 132:2 138:7 140:22 141:1 142:6, 19 149:15 151:13,20 152:1,7,16,20 168:11 Film 92:3 filming 48:24 find 12:25 17:24 22:5 39:24 44:23 49:22 84:11 96:17 118:11 132:19 161:9, 10 175:14 U.S. LEGAL SUPPORT (561) 835-0220 Z fine 12:17 15:12 62:6 72:17 77:1 85:6 105:4 111:3 134:7 146:1 147:11 150:16,18 151:5 153:1 156:5 finger 150:21 finish 6:12 29:10 76:22 97:2 107:23, 24 finished 53:10 firsthand 113:17 fishing 84:12 fit 86:23 fix 93:25 171:10 fixing 171:24 172:3 flames 176:9 flavor 24:3 flew 18:11 23:3 52:12,15 85:8 86:13 91:1 Florida 17:24 45:25 46:3,7, 17 48:3 60:14 75:11 81:20 101:8 145:7, 19 166:9 175:21,25 176:2 flowing 110:20 flown 18:23, 25 22:2 23:3 52:20 86:1,4, 5 87:2 91:7 fly 18:12 86:15,16,19, 23 91:3 flying 90:17 91:13,19 92:16 focus 7:14,22 9:10 10:7,17 169:9 174:22 focusing 18:6 164:17 follow-up 64:11 145:22 148:12 165:11 170:22 172:4 177:14 font 29:7 forego 5:14 forget 22:24 118:18 forgot 126:8 form 34:7 74:4 formal 12:19 formed 68:19 87:15 forward 72:16 120:12 125:20 149:14 Foster 22:13, 22 90:18 91:4 92:17 177:11 Foster's 91:8,14 found 50:17 fourth 54:24 frankly 64:22 69:5 147:23 Fred 112:14 friend 112:14 165:3 friend's 108:16 friends 101:5,9,17,20 frivolous 37:5,11 50:18 front 70:20, 25 118:14,21 121:5 125:15 Martin O'Boyle May 16, 2016 141:13 frustration 155:6 full 38:9 97:7 fully 76:20 153:10 funny 69:13 future 23:10 G G -d 97:12 112:15 126:17 171:4 Ganger 65:10 165:22 167:18 169:10,25 170:7,15,19 171:3 Ganger's 165:25 gave 11:4 99:10 119:2 120:14,17 163:3 Gee 60:22 112:13 general 5:14 16:23 67:4 116:3 122:4 166:2 169:13, 16 generally 64:20 65:15 66:4 66:6,11 87:14 109:18 genesis 148:25 gentleman's 126:5 George 61:13 Gerald 101:14 get all 107:2 Gill 5:12 10:5 17:12, 20,21 41:3,21 46:19,25 51:13 62:3,5, 22,25 63:4 64:12 66:16 82:8 85:24 90:10 120:22 152:22 153:14,21,25 165:15,20 171:17 176:11 177:18 give 54:1 65:24 69:6 82:1,10 91:6 107:7 109:9, 11,14 111:22 118:6 119:21 120:2,3 125:13 139:25 149:22 163:3 166:2,3 giving 72:13 163:4 glad 152:24 156:9,16 globally 54:10 glossed 131:23 goings 39:18 Goldstein 62:7,9,14,18, 20 64:7,9 73:25 74:3,7, 11,13 76:11 81:2 82:3,5 88:9 89:9,15 95:3 97:13 99:24 108:7 110:10 133:16,25 135:10 142:7 155:10,16,19 163:16 177:14,17 good 5:13 26:19 27:9 57:23 62:2 63:2 64:8 U.S. LEGAL SUPPORT (561) 835-0220 90:11 92:8 110:1 133:12 153:14 governing 42:4,11 grabbed 50:8 grades 17:1 graduate 69:7 graduated 47:2,5 granted 44:8, 16 graphics 38:17,19 51:25 grasping 57:21 134:6 great 92:14 greater 8:11 grievances 34:1,5 gross 59:8, 13,22 group 90:15 groupie 117:6,7,11, 12,15,20,21 118:2 groupies 61:1 117:18 groups 16:1 guarantee 69:17 guess 15:23 22:2 36:17 45:12,21 78:19,21 81:15 93:20 97:3,6 99:1, 2,14 107:2 111:6 112:6 116:9 139:2 guessing 129:25 guidelines 5:15 11 Gulf 9:5 12:9 13:6 19:7,11, 13,16 20:14 22:15,18 25:23 51:8 55:7,20 66:20,25 67:5,7,11,14, 22 68:1,4,6, 10 71:15 73:5,8 76:19 77:16 90:7,22 91:14,24 93:15 96:13 98:3 101:15 102:18,21 108:17,19,21 109:7 113:13 124:24 126:11 128:18 139:6 141:6 147:1, 25 149:16 163:14,18 165:5 171:15 176:17,20 guts 99:17 guy 48:4 62:2 65:3 103:17, 16 105:17,21 106:24 170:9 guys 63:3 109:24 118:24 138:14 i hac 175:24 hacks 61:2 hairs 50:10, 11 half 31:7 halfway 55:19 hall 14:10 20:6 38:25 41:10,17 49:5,17 61:2 73:1,18 102:11 117:18 Martin O'Boyle May 16, 2016 124:21,23 166:19 Halloween 93:12 hamburger 92:15 111:19 Hancock 106:24 handful 26:13 61:1 handwriting 154:6 hang 61:2 Hanna 96:11 98:7 128:14, 22 129:4,5,12 133:10 135:13 136:11,16,23 137:1 165.4 Hanna's 136:13 137:5, 9,14 happen 64:25 112:22 happened 49:4 130:21 167:6, 9,11 169:23 171:20 happy 125:17 157:13 harass 89:22 hard 9:22 29:3,12,22 34:12 66:1 166:23 Harvard 69:8 hat 10:4,5 hate 152:12 head 5:20 9:1 29:15 139:11 141:23 heading 178:10 health 162:6 healthcare 163:8 hear 92:23 98:5,11 103:19 112:14 118:22 126:20 127:2 130:23 132:10 heard 68:24 97:17 104:3 105:14 111:23 115:19 118:20 126:19 131:1 139:16,19,23 140:3,4,12, 17,20,21,24, 25 hearing 36:8 hearings 21:4 25:24 26:2 heart's 107:9 heated 110:21 heavy 40:18 hedges 40:13, 14 41:14 held 123:15 hell 24:7 59:21 helpful 165:18 Henry 109:19 hiding 16:25 high 17:2 30:17,18 40:23 124:12 highly 159:5 Highway 20:10 hire 157:11 158:8 hired 66:17 126:10 history 66:18 67:1 hit 61:4 79:11,13 hitting 115:21 141:23 (home 38:2,4 67:14,16,21 U.S. LEGAL SUPPORT (561) 835-0220 12 71:13 72:2 74:8,14 75:2 homes 73:22, 23 74:24 honest 38:3 hood 71:4,7 hopes 37:5,12 horrible 60:23 61:1 hour 31:7 63:4 hours 42:23 62:11,20 145:23 house 38:17 39:20 51:25 68:11,15,16, 17 69:15,19 70:1,4,8,17, 20 71:1,7,25 73:3 87:12 111:12 113:16 139:25 houses 87:17 88:2,11,15,23 89:8,10,19 90:9 Hudson 10:5 90:10 human 45:5 humiliation 159:10 husband 108:16 hypotheticals 10:16 I idea 29:15 34:25 69:6 71:23 93:2 123:4,11 151:15 172:7 identification 7:3,5 41:6,23 51:16,18 88:13 95:11 100:5 143:22 154:2 identified 126:19 identify 7:8 18:8 57:17 ill-conceived 127:10 imagine 124:17 immediately 66:3 impacted 11:7 impeachment 77:9 implied 27:2 impose 134:5 improper 18:15 inaccurate 82:21 inappropriate 47:24 74:2 inartful 32:4 inches 13:6 incidental 15:9 109:10 include 78:15 included 54:16,17,22 including 162:25 163:8 income 56:10 59:8,14,22,23 incorporate 89:8 incorporated 87:11,20,23 88:16 incorporating 89:18 incorrect 45:17,24 102:19 incurred 55:5 151:18 152:1 Martin O'Boyle May 16, 2016 156:21 157:1 incurring 37:15 independent 49:25 indicating 35:8 indirectly 139:12,17,18, 19 140:15,20, 21 individual 8:6 50:8 80:6 135:21 145:10 166:11,12 individuals 75:23 102:15 104:18 106:11,18 influence 92:4 information 19:25 56:10, 12 59:4,6 84:19 130:23 131:5 135:21 156:16 informed 97:24 128:13, 16 133:7 initial 176:6 initially 7:14 injuries 156:1 162:25 163:12,21,25 164:14 injury 163:2, 4,5,8 ink 7:24 innocuous 37:24 inquire 137:13 inquiring 74:1,16 75:15,20 inside 118:16 121:4 insisted 143:5,8 instance 171:14 instruct 133:21 171:16 instructed 17:22 intangible 155:25 162:25 163:12,20,24 164:13 intend 157:11 163:22 intended 89:21 intent 74:1 intention 40:21 74:13, 15,16 intentions 74:12 interesting 28:6 interject 155:8 international 39:22,23 interpreting 86:8 interrogatorie s 7:13 36:19, 21 58:11 95:9,18 132:19 173:12 interrogatory 8:5 13:9,13 15:24 24:15 35:2 36:23 52:24 59:5 128:11 132:13,22 135:17 163:15 164:3,8 interrupt 25:19 107:24 U.S. LEGAL SUPPORT (561) 835-0220 13 interview 161:9 interviewed 39:15 52:4,7, 11,14,19 intonation 49:14 introduced 34:23 investigate 98:2 invite 56:18 invited 93:7, 8,10 involved 103:17,18 involvement 165:25 170:18 irritability 156:13 Isen 80:6 issue 109:8 126:1,2,3 issued 26:17 38:9 issues 29:1 67:7 68:5,7, 14,15 76:23 125:19,23 131:14 160:23,25 item 53:2 items 37:24 J jail 23:10 103:10 107:1 January 49:20 59:9 JD 47:8 Jersey 48:2, 6,19 75:2,5, 13,23 76:15 77:12,17,20, 23,25 78:8 79:2 175:23 JF 86:21 91:20 92:2 177:1,6 Jo 101:16,17 Joan 61:14 68:22 Joanna 178:7 Joanne 15:1,6 90:9 98:7 99:15 101:16 Joel 101:14, 16 jogged 33:12 John 106:23, 24 109:19 join 97:7 178:21 joke 167:13 joking 62:21 167:12 Jonathan 44:22 45:10, 12 54:17 76:12 Jones 22:12, 22 90:17 91:4,8,14 92:17 103:21 177:11 Josh 64:9 Joshua 89:9, 14 judge 39:3,5, 7 44:9,12 84:24 145:21 146:2 155:13 165:14 Judson 92:2 July 96:10 June 51:1,9 juxtaposing 51:7,22 95:20 K kills 27:15 Martin O'Boyle May 16, 2016 kind 13:21 21:4,23 103:5,13 104:7 110:20 126:25 159:19 164:25 King 69:8 kitchen 122:7 123:22 124:21,25 126:20 167:4, 7,9,11,23 169:24 Klan 71:4,7 Klux 71:4,7 knew 30:24 90:15 98:20 99:13 131:1 177:7 knowledge 8:22 33:4 44:18 46:22 48:1,5,17 54:11 66:9 93:13 106:9 113:12,17 120:6 129:2 130:10 131:6 137:4 155:3 163:5,7 170:4 Ku 71:4,7 L label 154:25 lady 27:14 122:19 language 142:3 late 25:12 167:12 launch 146:7 law 23:16 46:10 47:2,5, 17 77:25 177:20 178:3, 15,23 lawn 140:1 lawsuit 8:8, 16 9:12,17 10:12 16:12 17:16 18:19 24:9 25:9 32:1,2,5 33:13,14,15, 17,18,20 36:15 37:5, 10,11,15,18 40:2,5,8 50:13,16 55:12,14 56:5 96:14 97:2 112.8 136:5 142:19 lawsuits 33:24 34:2 40:7 60:12 96:12 98:3 130:18 lawyer 26:4 44:19 64:22 92:15 103:20 112:6 154:23 lawyers 99:3 122:16 lays 87:3 leads 75:17 league 112:16 leave 129:23 legal 36:4 45:21 47:21 53:19 131:14 137:5,9 legislators 124:13 letter 51:2, 4,10,19 143:4,7,12 149:18 176:12 letters 44:21 45:9 47:13 48:8,9,11,19 66:1 164:18, 22 173:18 178:22,25 U.S. LEGAL SUPPORT (561) 835-0220 N letting 107:23 169:4 liar 27:2 28:1 library 124:24 license 23:16 lie 93:22,24 lies 97:7 life 56:8 158:15,18,24 159:4 160:20 161:24 162:6 light 112:11 liking 69:16 limitation 84:20 limited 17:18,25 42:14 45:13 76:8 64:18 lines 126:22 list 10:1,11 93:21 listed 8:6 89:3 154:9 listen 103:12 169:22 listening 123:21 169:8, 19 litany 65:24 litigant 154:24 litigation 84:17 97:11 131:12 157:3, 11 live 61:21 108:17,19 113:10 lives 108:21 113:4 LLC 90:10 loan 122:18 local 17:23 30:14,16 39:19 52:8 116:20 locations 20:13 Lodonnie 61:13 London 39:21 lonely 153:13 long 56:16 62:13 66:18, 24 67:1 98:15 172:16 longer 62:7 Longport 75:2,5,13,23 76:15 77:12, 17 78:8,10,17 79:4,8,10 80:4,11,13,23 looked 40:1 loose 112:11 lose 57:21 153:8 loss 156:18, 20 159:11 160:18 lost 57:15,18 58:25 160:14, 20 172:18 lot 20:19,25 21:14 25:6,12 29:13 42:1,5, 9,19 43:4 97:20 130:25 142:1 150:9 151:7,9,10 168:24 Lou 128:15 133:10 137:20 loud 5:19 6:4 105:15 love 122:16 loves 169:18 low 57:12 lunch 62:4,5 64:15 109:2 Martin O'Boyle May 16, 2016 luncheon 63:5 M made 10:23 24:6 26:25 45:23 60:15, 18 66:23 67:17 70:11 75:19 78:7,9, 10 79:14,16, 23,24 82:17 88:1 91:4 96:15,18 101:21 102:8, 25 116:16 121:24 122:5, 9 125:4,5 126:14 127:7, 8,19 128:8, 14,17 129:10 131:19 133:7 134:14 135:3 136:11,12,17 137:21 138:11 139:7 140:12, 17 146:15,25 153:6 155:18 157:12 164:20 173:24 174:2, 3,18 magic 58:9 magistrate 38:8 magistrates 21:4 mail 165:1 mailed 29:16 maintain 58:15 majority 67:23 make 6:17,18 10:12,19 15:15,25 16:20 25:17 37:17,18 41:7 45:4 48:4 56:13 62:16 89:9 92:17, 20,22 93:6 94:10 110:11, 24 128:7 134:7 171:4 173:8 makes 58:24 102:11 114:3 making 78:16 124:3,15 135:22 149:13 man 34:12 167:18 manager 48:23 49:7 88:22 89:1,3,6 121:17 manner 146:3 March 33:7 51:2,19 mark 7:23 41:3121 88:9 95:7 96:11 98:7 128:5,14 133:10 148:16 marked 7:2,4, 7 41:5,22 51:15,17 88:12 95:10 100:4,11 128:10 143:21 154:1,3 162:16 markings 100:18,21 Marra 39:4,5, 7 Martin 5:8 64:3 172:11, 14,24 Marty 103:17 176:15 massing 68:23,24 matter 16:16, 17 36:1 44:13 54:12 60:13 U.S. LEGAL SUPPORT (561) 835-0220 15 65:18 81:5,7 105:6 109:24 119:14 122:13 128:20 132:3 137:16 155:5, 13 162:24 163:12,24 164:13 168:5 169:2 173:1 mayor 10:6 27:23 38:21, 23,24 39:11 60:17 61:14 65:2,9 68:21 117:7,10,12, 14 178:8 meaning 7:23 27:6 66:7 means 34:3 35:4 65:9 89:5 142:1 159:2 178:20 meantime 101:13 media 39:15 51:24 52:1,3, 6,8,14,20 medical 126:1,2,3 160:9 162:13 meeting 15:4 26:5,6 27:5 49:21 61:13 96:24 113:20 123:2 124:15 128:25 129:7, 18 130:3,8,9, 14,15 131:17 132:1,6,12,15 134:10 135:13,14,20 136:2,7 140:8 141:15 143:1, 5,20 144:4 176:17,20 meetings 24:21,24 25:2,6,24 26:8,9,11,16, 18,20,25 27:11 28:10, 21 49:23 113:13 117:17 116:12 141:9 166:21,24 167:1,6 member 46:1, 2,3 74:24 75:4 137:2 163:9 members 16:2 139:19,22 memorize 115:15 memory 15:19 22:10 25:8 33:12 37:21 64:14 125:19 126:3,6 mental 155:6 mention 114:4 121:6 mentioned 85:10,13 103:21 109:5, 23 112:3 113:24,25 114:10 122:14 131:4 165:22 mentioning 110:1 merit 137:13 message 86:4 99:11 101:6 115:24 116:7, 11 138:17 met 146:7 147:2 148:1 MF'ING 170:11 microscope 103:6 mighty 65:2 million 122:15,17,19, 25 123:16 168:14,17,19 177:8 Martin O'Boyle May 16, 2016 mind 8:10,25 44:18 61:3 111:2 mine 111:21 minor 37:24 minute 150:17 153:17,19 minutes 30:19 100:8 143:19 149:1 misled 87:25 mispronounced 126:9 misrecall 15:16 missed 6:5 missing 22:9 125:2 misstatement 176:13,15 mistake 45:4 mistaken 118:25 Mister 17:19 MIT 69:7 model 68:16 modification 11:10 moment 7:15 35:3 164:4 money 56:5,7 92:2 107:2 119:3 127:11 168:15 money.' 121:1 months 101:4 moon 138:16 Morgan 13:7, 10 14:17,23 65:2 117:3,5, 7,11,12,14 129:12 178:8, 9,11 morning 5:13 29:18 64:8 mosaic 98:15 110:11 motion 43:14, 25 44:3,8,16 55:2,3,7,9 mounted 122:15 mouth 80:15 141:20 150:23,24 mouthing 170:9,10 move 18:1 67:11 75:14 76:11,25 77:10 97:13 106:7 126:16 146:2 147:11 moved 74:22 75:21 mow 140:1 multiple 67:25 68:3,5, 7 98:2 multitude 159:9 myriad 101:17 103:1 N named 96:13 99:13 102:15 103:20 139:5 175:6,9 names 87:16 101:19 103:2 107:7 110:1 126:3 139:5 national 24:6 nebulous 141:8 necessarily 24:11 66:6 161:14 needed 68:17 73:14 119:3 121:1 127:11 negative U.S. LEGAL SUPPORT (561) 835-0220 M 159:5,6,8 news 24:6 39:19,22 94:15 140:9 newspaper 30:14,16 nice 20:20 118:12 nickel 169:15 night 25:12 81:15 166:3 nods 5:21 non -certain 34:16 nonetheless 25:13 69:15 71:13 nonmonetary 156:10 nonresponsive 97:15 nonsensical 89:25 nose 50:10,11 note 143:12 144:3,8,10, 13,16,18,20, 23 146:3 149:3,4 165:2 notes 70:22, 23 notice 12:16 notices 15:12 number 8:11 18:8 36:8 43:13 93:13 95:25 96:2 128:12 132:25 133:3,4 164:3 171:9 numbers 96:2, 3 133:2 0 O'boyle 5:8, 13 7:6 17:7, 13,17,22 19:25 41:24 45:3,5 46:16, 23 52:23 54:17 61:23 62:6 63:3 64:3,8 73:25 74:5,9,12 76:13,21 77:11 78:19 82:1 97:18 103:17 105:1, 21,24 131:15 133:14,21 134:20 135:8 142:3,8,11, 16,17 145:22 146:6,19 147:10,18 148:4,12,18 151:1,13 155:8,12,18 156:17 157:8 158:8,22 160:1,25 162:17 163:13,17 165:11 167:15 170:25 171:13 172:11,14,24 176:13 177:13 178:18 O'connor 15:1 98:7,21,22,23 99:15 101:17 129:12 178:7 O'connor's 90:9 Where 14:1 54:21,22 60:19 93:20 96:11,12,22, 23,25 97:3,5 99:2 103:11 107:1 118:11 119:5 122:14 128:15,16,23 129:12,20,22 130:2,5,22 Martin O'Boyle May 16, 2016 131:7 133:11 135:13 136:8 137:25 138:1, 8,10,15,19 149:20 165:3 166:17 Obama 60:4 object 74:4 76:2 objected 56:9 74:5,8 objecting 76:17 objection 58:15 74:15 76:4,12 85:16 137:12 objections 17:15 165:10 objects 59:4 obstinate 147:20,21 obtain 157:2 obtained 15:3 obtaining 156:18,19 obvious 31:10 49:14 occasion 16:16 occasions 101:3 occurred 37:14 107:13 120:16 123:5 125:24 128:24 131:17 October 15:4 143:1,4,20 144:4,9 offended 93:9 offered 129:22 office 29:7,8 81:10 82:18 83:6,8,12,16, 24 84:2 87:13,20,23 99:3 145:1,8, 18 170:3,15 officer 48:23 49:7 offices 124:24 145:2, 5 official 14:13,15,16 30:4 51:7 officials 18:13 31:19 oil 86:14 older 102:11 ole 57:24 on-going 55:13 56:14 online 24:21 29:3,11,22 39:25 Open 79:1,7 80:2,21 opened 129:19 opine 160:22, 24 161:10 opinion 80:16 81:5,7 90:1 150:6 165:24 169:10 opportunities 172:19,23 opposed 26:5 opposite 65:1 OPRA 77:20 78:2 79:1,3 OPRO 77:20 78:2 order 39:6 84:21 161:10 165:16 169:6 ordinance 9:2,4 10:2,3, 22,23,24 11:7,8,9,11, 12,21,23 12:1,2,8,11, U.S. LEGAL SUPPORT (561) 835-0220 17 14,18 21:13 40:12 41:18 42:4,11,21,24 43:6 ostracization 97:8 159:11 ostracized 65:15,17 66:10,12,24 150:5,6,12 151:7 152:1 out-of-court 128:17 outcome 40:2 44:2 outrageous 159:11 overrode 69:11 overseas 94:16 owned 74:14 owner 74:23 137:2 owns 73:23 74:8,24 75:12 i p.m. 42:1,10, 18 43:4 63:5 64:2 100:8 pages 115:7, 15 133:1 paid 38:9 137:5,9 pain 156:21 162:25 paint 70:7,8 painted 51:25 71:4,18,21,24 painting 69:25 70:14 paintings 39:20 Palm 18:21 22:3 23:3 52:21 81:11 83:6,8 85:9 86:13,20 87:2 91:3 paper 28:25 29:1 40:17 116:21 paragraph 11:1 13:12 15:24 16:5,6, 8 25:22 43:12 44:23 50:22 57:13 100:25 101:2 135:19 147:5 paragraphs 8:6 132:4,8, 16 134:12,20 135:2 paraphrasing 171:7 pardon 46:2 59:18 78:20 81:6 87:22 90:13 108:18 122:22 129:8, 20 137:7 178:24 pariah 60:6, 20 75:19 park 21:13 parked 20:1, 6,9,14,24 21:8,9 40:22 41:17,25 42:18,23 43:3,8 parking 20:18,19,25 21:14,24 41:25 42:5,9, 11,19,20,24 43:4,5 parse 53:25 54:2 part 27:13 28:4 34:3 54:15 69:22 Martin O'Boyle May 16, 2016 79:2 96:9 118:3 128:12 131:18 139:14 169:10 parties 54:10,14 parts 96:21 party's 59:6 pass 110:12 passage 42:4, 10,20 43:5 passed 9:2,4 10:2,23 11:8, 13 40:13 passing 103:5 109:17 126:25 past 52:7 Patriot 28:25 29:25 30:4,8, 13 31:15,19 Patriots 30:18 31:6 Patsy 102:10, 15,22 117:2 pencil 29:17 pending 111:5 135:12 172:9 Pennsylvania 48:2,7,18 people 24:7 27:15 28:2 29:13 39:12 60:15 68:18 60:10,13,25 88:5 92:9 98:20 99:12 103:1,3,7,13, 14,23 104:4,9 105:15,21 107:7 119:7,8 121:5 130:25 139:4 142:1 150:9,15 151:8,9,10 166:4,8 173:24 177:8 perceived 152:3,8,9 percent 34:15,18 perception 111:18,20 period 15:3 59:9 72:23 98:15 127:5,9 permanent 67:15,19 person 15:17 28:7,8 29:8 86:9 112:18, 19,20,21 115:24 116:6 118:2 130:7 136:21,22 138:9,13 161:2,4,6 personal 32:13 56:8 65:16 158:15, 18,24 163:5,6 personally 65:5 73:22 74:23 93:9,15 137:4,8 161:1 165:8 172:11, 14,24 personnel 33:4 persons 173:23 Pete 69:6 Peter 80:6 petitioning 33:25 34:4 37:6,13 phone 62:16 112:18 115:24 116:7 136:21 138:9,12 pick 126:25 127:1 picked 127:2 picking 29:7 pictures 71:3 piece 23:6, 18,23 40:17 U.S. LEGAL SUPPORT (561) 835-0220 N 60:16,17 174:19 pile 30:14,17 place 12:1,2, 25 28:11,21 113:8 places 135:3 placing 11:21 plaintiff 25:23 35:10, 16 37:5,7,13 43:15 44:1 49:12,14 55:1,5,20,22 59:4 96:14 97:24 98:3 101:6,7 128:16 133:6 135:22 163:11 plaintiff's 44:22 45:10 55:2,21 96:2 Plaintiffs 128:13 plan 40:15 68:20,23 plane 86:19 planes 18:9, 11,12,18,23, 25 22:2 23:3 24:1,10,12, 14,19 planning 79:9 127:10 plans 73:3 plateful 25:10 play 104:1,7 120:20,21 166:21 pleading 23:7,12 pleasure 147:22 plethora 159:12,13 podium 149:19,20 point 47:20, 21 69:5 71:14 77:15 81:19 133:8 159:10 174:12 176:7 pointed 37:9 pointing 150:20 police 20:16 48:23 49:7 policy 176:22,25 political 13:5 14:13, 17,23 pop 139:11 Pope 9:5,13 12:9,11 portion 95:4 134:3 158:3, 5,11 position 158:23 161:3, 9,20,24 possibility 139:1 possibly 51:22 93:5 110:9 posted 70:19 posting 31:22 32:11 33:2 pot 122:16 practice 46:10 47:17 48:18 177:20 178:3,15,23 practices 15:25 practicing 16:3,11 precise 109:12 120:5 prefer 5:16 25:19 Martin O'Boyle May 16, 2016 prepared 10:21 23:6 preparing 45:20 present 13:24 96:14 98:5 99:4,13 123:5 135:14 141:17 presently 66:9 174:16 pressing 50:6,7 pretty 10:11 31:9 61:6,19 68:8 69:4 100:23 110:1 123:8 139:3 prevented 176:16 previous 17:11 18:3 116:2 176:5 previously 56:9 64:4,12 69:25 82:19 90:16 91:1 128:10 148:19 150:8 156:17 171:25 172:1 174:12,15,16 primarily 67:22 primary 131:18 132:2, 7 principal 113:8 printout 88:10 89:4 prior 43:16 72:23 77:4 79:23 82:21, 25 83:12,16, 24 84:8 126:15 prison 111:25 private 33:5 privilege 74:4,8 131:12 154:17 171:16 172:6,10 privileged 74:6 154:22 155:9,15 156:3 pro 76:6,10 82:3,9,10 154:24 171:21 172:8 175:24 procedure 165:15 proceed 149:14 proceeding 36:4 122:12 123:19 proceedings 5:5 process 5:17 174:5 produced 154:18,20 155:11,16,22 professional 69:5 proffer 82:1, 10 proffering 82:12,14 prohibit 9:3 12:9 prohibited 9:5 10:4 project 69:21,22 promise 70:10,11 prompted 73:4 prong 157:3, 10,14,20,25 158:2,4,9,10 proof 107:6 proper 27:5 76:4 85:16 U.S. LEGAL SUPPORT (561) 835-0220 19 property 75:12 proponents 166:6,7 proposed 38:1 146:5 protect 97:4 protected 9:7,11 10:17 11:6 16:16 protection 8:8,16 9:12, 17 18:19 19:9 protective 84:20 proud 34:12 prove 177:22 provide 25:20 49:2 103:2 125:18 139:5 146:6 153:2 156:9,16 157:13 159:7 provided 49:3 provider 163:9 providing 56:10 163:18 psychiatric 160:22,24 psychiatrist 159:15,16,17, 21 psychologist 159:22 public 25:24 26:25 49:11, 13 60:11,14 65:7 71:15,17 72:21,24 73:4,15,16,20 74:20 75:20 77:6,16,22 79:2,7 80:2, 21 81:9,20 82:16,20 83:1,5,13,16, 24 91:17 92:11 93:14 166:9 171:9, 24 published 29:1,2,3,11, 16,21 puke 92:17, 20,22 pull 25:4 pulled 19:20 pump 97:6 punching 141:19 punishment 37:7,13,19 purely 92:25 purported 157:19 purportedly 122:1 purports 121:17 purpose 122:23 176:2 pursuant 70:4 pursuits 75:20 pushed 19:19 put 8:21 11:14 23:10 27:4,8 30:17 38:16,17,20 39:2,12 40:25 50:9,10 70:25 71:3,13 75:18 80:14 92:13 93:19,21 96:21 97:11 118:19 155:1 171:8 putting 150:22,24 Cal quasi-judicial 25:24 26:1,5 Martin O'Boyle May 16, 2016 question 5:22,25 6:7, 13 9:8,23,24 16:9,15 18:2 19:1 21:15, 18,19,22 24:25 25:3 27:7 32:4 36:9,42:6 43:1 46:22 48:16 49:1,16 50:25 51:3 55:8 58:13 69:24 74:22 75:1,6,8,21, 25 76:16 77:3 78:18,22 81:25 83:21 84:6,14 65:17 89:24,25 90:4,5 94:17, 19,21 99:6,7 104:12,22,24, 25 105:1,3, 11,24 106:4, 6,9,10 107:21,22,23, 24 108:5,7,9 110:25 111:5 114:11,25 121:21 125:22 131:24 132:5, 23 133:15,17, 20 134:1,9,21 135:11,12 137:18 140:19 141:18 142:5, 11,15,16 145:13,15,16 146:14,22,23, 24 147:9,12, 14,18,23 148:5,6,10, 12,13 151:5 152:21,25 157:17,18 159:25 160:12 161:7,25 162:9,22,23 163:10,20 164:10 170:21 171:24 172:4 174:22 177:15 questioning 157:15,23 questions 5:18,19 7:14, 21,22 24:23 32:23 33:17 35:1 52:24 61:24 64:10, 13 78:5,24 81:23 64:16 85:1,24 97:21 104:2 123:7 131:14 145:23 146:19 147:13 148:5 151:1 157:18 159:19 161:18 165:21 167:14 177:1, 12 178:17 quickly 6:21 148:17 quote 72:11 120:24 148:3, 19 MZ racket 126:23 racketeer 119:15,19 126:23 racketeering 103:18,19 109:20 111:24 112:2 123:20 racketeers 118:18 140:25 Rader 99:1 128:15,23 129:12 133:10 135:13 137:20 165:3 raised 76:12, 23 U.S. LEGAL SUPPORT (561) 835-0220 20 ran 43:21 Randolph 90:10 102:10, 16,22 117:2, 10 118:7 119:17 Randolph's 120:16 random 103:23 105:15 raping 92:23 reached 35:11 read 7:17,21 22:6,9 27:3 28:2,5 43:18 50:3 53:11 95:1,3,4 97:16 104:13, 17,23 105:10, 23 106:6 107:18,19 108:5,8 110:2 133:16,18,20, 23 134:1,3,8, 17 143:5,10, 11 144:5,9,12 146:3,4,12 147:6,7 148:15,19 149:18 162:23 176:24 reading 53:8 155:9,10 ready 100:25 168:10 real 57:14,18 59:1 70:6 172:12 realize 68:25 rear 41:8 123:22 166:18 167:25 reason 6:9 32:17 46:4 80:18 88:19, 20,21 89:7 92:21 95:22 145:17 154:18 160:8 162:10 reasonable 81:3 reasons 106:7 recall 8:22 15:17 20:17 22:1,17 25:20 37:23 39:1 42:16 49:8,9, 23,24 64:18 66:18 68:1 79:6 80:6 81:9,13 83:11 85:12,19 86:1,12,19 87:1,10,20,23 91:19 114:9 119:13,17 120:7 125:4 127:13,22 130:13 137:23,24 138:4 142:22, 23,25 143:3, 16,18 146:9, 24 148:23 149:13 163:18 164:11 168:21 169:11 recalled 25:15 recalling 11:11 125:23 receipt 14:7 receive 21:23 165:1 received 11:17 15:11 151:19,24 164:18,22 recent 102:22 recess 8:2 63:5 111:4 recognition 118:4 recognize 100:12 154:5 Martin O'Boyle May 16, 2016 recollection 29:14 30:2,6 31:18 49:25 79:25 81:16 83:19 88:15 126:13 127:4 129:3 144:1, 2,7 recollections 25:18 record 6:15 8:3 13:3 15:16 17:17 23:8 35:5 51:8 82:2,11 95:4 104:4, 15,17 114:13 128:5 134:3 142:7 146:5 147:6 148:20 162:23 174:21 176:14 recorded 49:13 50:6 recording 50:5 recordings 167:5,6 records 56:15 59:11,13 60:11,15 65:7 71:15,17 72:21,24 73:4,8,15,17, 20 74:1,17, 20,21 75:20 77:6,11,16,22 78:16 79:2,7 80:2,22 81:10,20 82:16,20 83:1,5,13,16, 25 84:7 88:1 93:14 149:4, 7,10,11 166:9 171:9,25 recross 153:21,25 177:19 RECROSS - EXAMINATION 177:16 red 40:18 REDIRECT 165:19 redo 68:11 redoing 68:15 redress 34:1, 5 Reeve 101:22 108:15 109:5, 16,21,23,25 110:7,14,17 116:15,20,24 refer 16:14 17:22 117:10 reference 15:25 28:24 37:4 47:14 48:22 55:15 91:4 94:10122 173:17 177:2 referenced 18:7 19:2 20:15 36:19, 21 37:18 40:3 48:11 51:10, 20 57:13 references 25:22 31:21 36:7 44:20 45:8 46:21 50:22 51:1 referencing 19:22 referred 27:25 77:23 132:12 171:25 referring 11:3,25 13:2 23:13,19 26:1 27:10,12 28:3 35:12,15 39:9 51:4 53:16, 18,21 55:4,10 56:1 130:15 132:15 133:8 U.S. LEGAL SUPPORT (561) 835-0220 21 134:13 135:2, 14 136:3 139:17 145:3, 6,9,12,25 156:5 157:14, 20,25 158:4 177:5,7,10 178:13 refers 35:9 43:17 53:5,12 54:7,25 reflect 70:22,23 88:25 142:7 reflected 9:16 10:10,18 13:8 reflecting 122:21,24 refresh 64:13 88:14 126:13 144:1,7 refusal 78:23 refusals 165:10 refuse 106:1 151:3 171:23 refusing 84:14,23 105:3,5 108:12,14 114:12,14 142:22 145:14 162:4,10 regular 92:5, 6 relate 157:19 related 92:25 121:25 152:18 157:24 relation 80:1 relations 130:6 131:7 relaxing 111:21 relevance 58:16,18,19, 20 76:1,4 85:15,16 137:12 relevant 58:24 59:6 73:24 75:10, 16,22 85:1 137:15 145:17 155:3 relief 36:15 religion 16:1,3,11 17:5 rely 100:23 149:1 175:18 remember 14:21,25 15:1 20:12 21:3 22:10,12,23 23:15 24:2 27:7 39:3,4 43:10 50:3,4 84:2 86:22 96:19 98:19 109:9 110:19, 20 115:25 116:23,24 117:1 121:3 122:11 125:21 126:5 127:25 128:1 131:3 149:17 150:15 166:23 168:9, 13 169:21 170:10,11 172:8 174:20 remembering 109:6,7 reminiscent 38:23 remodel 69:15 73:3 remodeled 69:19 remodeling 70:3 removed 33:5 renovations 113:16 Martin O'Boyle May 16, 2016 repeat 135:10 repeated 131:5,9 rephrase 142:10 176:1 report 59:20 124:16 152:23 156:8 157:12 161:17 reporter 5:3, 19 95:5 104:17,23 105:8,10 106:6 133:22 134:1,4,8 135:11 represent 64:9 176:2 representation 55:1 90:6,22 91:14 92:24 representative 30:8 representative s 14:22 represented 111:11 136:23 137:1 173:5, 25 174:11 175:1,3,4,6, 17,20,22 representing 55:6 82:5 91:24 96:11 128:15 133:10 reputation 60:5 76:24 77:2 150:2 reputational 55:23 request 73:17,20 74:1 77:6 78:7 82:17 83:1 88:1 132:25 133:4 143:9 164:2,5,6 requested 144:5,8 requesting 59:3,6 requests 65:7 71:15,17 72:21,24 73:5,8,15 74:21 77:12, 16,22 78:9, 10,16 79:3,7, 14,17,24 80:22 81:10, 20 82:17,20 83:5,13,17,25 84:7 93:14 171:9 required 17:25 reserve 165:9 reside 67:22 residence 67:15,19 resident 80:3 residents 128:18 139:6 respect 8:5 13:17 38:13 40:11 53:2 60:5 84:21 134:22 153:5 154:10 155:5, 24 156:11,18, 23 157:4 158:9 159:22 173:3 respond 155:1 response 16:7 31:11 95:25 98:2 103:12 128:12 132:25 133:4,6 146:8 147:3 148:1 157:21 158:1 162:22 163:10,19 164:2 U.S. LEGAL SUPPORT (561) 835-0220 22 responses 66:14 95:8,17 128:11 132:13,22 responsibility 158:21 responsible 92:9 responsive 95:23 rest 97:14,18 restraint 43:16 restroom 153:20 result 57:19 130:1 149:15 151:20,24 160:14,21 162:7 resulted 40:6 resulting 152:15 resumed 64:4 retain 156:24 retaliate 23:25 24:10 89:21 retaliated 9:21 16:3,11, 19,22 retaliation 16:14,17 23:1 24:16,18 25:8 26:23 32:9 33:8 89:23 90:6 173:9 retaliatory 9:9 55:21 retrofit 38:2,4,13,14 returned 155:20,22 review 7:16 26:14 35:3 reviewed 17:24 rich 107:3 Richman 101:14 112:7, 10 Richman's 113:25 RICO 24:5,9, 16 50:22,24 54:8,15 57:24 96:14 101:8 103:8 105:18, 22 106:15,21 107:10 108:4 109:20 110:5, 16 112:24 114:6,17,21 115:3,4,6,11, 12,14,16 116:5,15 121:20,25 122:1,12 123:19 126:23 127:10 129:23 130:19,20 135:4,23 138:7 140:22 141:1,5,17 142:6,19 146:5,11 147:2,25 149:15 151:14,20 152:1,7,16,20 166:7 168:7, 12 rid 97:10 119:4 rights 60:23, 25 64:18,21 81:1 166:8 rigid 111:20 ringing 107:17 rise 163:3 Rita 31:3 102:12,16 127:17 Martin O'Boyle May 16, 2016 road 41:12 172:16 Robert 64:10 rotten 86:21 rough 40:16 71:23 rule 44:9 45:15 rules 17:23 45:16 171:4 run 6:20 running 11:1 31:21 32:10, 16 37:7,14,20 107:8,17 108:2 109:19 S saddened 61:25 sake 59:12 salesman 69:1 92:15 Salvation 122:19 sanction 43:14,15 44:1 sanctions 55:2,4,9 sat 174:18 Satire 71:12 satisfaction 149:22 Save 13:6 school 17:2 47:3,6 scolded 12:20 13:18,19 15:19 28:7 screaming 107:8 screwed 129:21 screwing 96:22 97:10 129:20 130:2 Sea 41:12 seconds 119:25 seek 162:24 seeking 8:8, 16 9:11,17 18:18 19:9 56:5,7,11 85:3 155:4 156:8,11 163:20,23 172:18 sells 27:14 send 73:4,15 77:11 155:21 sending 72:21 73:4,7 83:13, 16,24 sense 25:17 45:21,22 114:3 161:11 169:18 sentence 15:23 16:7 34:4 37:4,11 53:5,12,18 54:6,25 97:14 111:25 135:19 separate 105:1 178:14 September 15:5 49:17 128:14,21,24 129:7,10,16 130:15 131:18 132:1,6,10 133:9 134:9 135:12,24,25 136:2 series 5:18 served 81:13 93:15 serves 137:13 service 92:11 serving 80:22 81:9 SESSION 64:1 U.S. LEGAL SUPPORT (561) 835-0220 23 set 85:3 86:5 95:9,17 115:4,5,12,14 131:20 132:8 settle 169:3 settlement 35:11,23 36:2,13,25 40:6;9 72:2, 18 136:7 sexually 130:21 shakes 5:20 shaking 106:25 shareholder 75:5 shit 23:6,18, 23 60:17 174:19 short 15:9 46:24 78:1 92:14 shortcut 147:8 shortly 88:1 98:13,14 shot 170:24 shoulder 61:4 show 38:10 58:2 82:18 91:6 95:7 123:14 131:24 154:3 167:6, 9111 173:11 showed 122:15 168:17 showing 94:16 100:19 123:16,18 shows 40:17 Shrek 70:1,8, 14 Shrek-like 38:20 sick 107:19 side 37:22 39:20 65:1 70:1,8,17 71:24 79:21 97:6 131:2 sides 79:11, 13 Siemens 37:2 sight 153:9 sign 9:4 10:2,3,22,23, 24 11:7,8,9, 10,12 12:1,2, 8,11,14,18,23 70:25 71:3 123:14,15 171:8,10,24 172:4 176:5,6 signature 7:9 95:14 signatures 7:11 signed 178:2, 3,6,9,11 significant 8:11 signs 11:2,5, 16,21 22:11 31:22 32:6,11 33:2,4,6,9,10 70:19 177:3 similar 87:16 simple 147:18 singularly 11:10 sir 6:8 80:7 108:6 120:20 160:5 sissy 43:22 sit 11:11 22:4 65:23 98:9,10 102:12 115:21 116:18 124:12 125:13 158:17 159:1 170:1 sitting 9:23 38:22 99:16 Martin O'Boyle May 16, 2016 102:14 124:9 166:23 size 13:5 sketch 40:16 Skip 15:2,6 90:10 slander 75:11 76:18 80:3,9 81:22 132:7 137:10 145:19 153:9 slap 56:3 sleep 97:12 160:14,18 sleeplessness 155:7,25 156:13 slew 98:20 slice 36:1 slightly 139:2 slow 131:23 slowly 52:18 smacked 24:8 smart 124:7 smarter 168:24 smearing 55:21 smelly 87:3 smile 35:4 87:5,7 smiling 139:24 Smith 55:1 Smith's 55:6 smoother 97:20 sober 87:11, 17 88:2,11, 15,23 89:8, 10,18 90:9 socially 56:2 sole 88:22 89:1,6 solemnly 5:3 son 23:9,10, 15 44:22 45:10,12 98:2,9 99:17 116:25 141:23 175:20,22 son's 99:3 sort 12:4 96:20 103:5 108:25 111:21 118:20,23 174:7 sought 36:15 160:9 sound 87:17 sounds 84:12 sources 125:15 Southern 17:23 46:17 speak 28:21 30:12 39:18 61:7 speaking 6:13 11:10 17:15 30:3 special 165:16 specific 7:19 23:1 26:23 30:2,6 31:18 32:9 57:17 104:19 110:17 112:9 119:9, 21 122:5 125:15,16 138:23 146:14 152:18 174:8 specifically 14:21 24:1, 13,17 104:5,8 105:19 106:12,14 108:23 114:41 10 121:25 127:13 134:12,19 135:25 136:16 U.S. LEGAL SUPPORT (561) 835-0220 24 138:22 140:12,17 143:23 148:16 162:22 specifics 159:7 166:5 speech 9:3, 18,19 10:5,6 18:7 37:6,12, 19,25 43:17 119:2 120:13, 15,17,25 speeches 66:1 67:1 spell 101:23 102:1 spend 122:25 spending 169:14 spent 9:25 spirited 15:10 spoke 25:23 51:24 52:2,3, 5 106:12 116:25 spoken 14:12 26:8,11 29:24 31:14 101:4, 11 Stacey 33:3 34:10,11 stage 103:6 stale 37:22 stand 77:24 78:3 standard 76:2 85:17 standing 48:24 49:8 stands 83:3 118:8 Star 30:16 109:25 116:21 start 6:13 21:16 28:20 42:15 71:14 73:4 78:16 142:17 150:19 started 67:8 71:17 72:21 73:7 74:17 82:9 starters 74:3 starting 73:10 starts 53:1 state 7:12 47:17 52:12, 15,21 54:8 55:20 84:1 126:19 135:25 163:1 175:25 State's 81:10 82:18 83:6, 12,15,24 stated 17:17 27:3,4 64:20 65:15 86:7, 11,13,20 87:15 91:8 109:18 131:10 139:7 163:11 177:18 statement 16:23 18:15 41:1 45:23 78:23 98:1 122:4,5,9 124:3,15,20 125:3,5 126:18 127:7, 8 146:15 148:8 149:13 166:3 175:13, 14 statements 26:24 67:2 76:8 96:15,18 98:6,12,18 101:21 102:8, 24 108:24 111:16 115:19 116:16 119:11 120:16 Martin O'Boyle May 16, 2016 121:19,23,24 122:1 126:14 127:19,20 128:7,14,17, 19 129:9 131:19 133:8 134:11,14 135:4 136:11, 12,17 137:20 138:2,11 139:7,23 140:12,17 150:3 151:18, 25 152:6,15, 19 153:3,6 158:19 159:3 160:3,10,15, 21 162:7 164:20,24 states 38:6 46:9 68:18 69:17,20 78:12 96:10 97:23 128:13 177:9 stating 87:3 119:18 station 20:16 statute 49:16 79:2 106:16 107:10 108:4 steak 49:19 111:19 step 111:2 steps 112:12 stick 110:25 120:1 stinkers 48:21 stole 31:10 33:10 stood 92:19 166:17 stop 37:5,12, 19 112:15 stopped 170:7 stops 86:7 stories 39:25 straight 99:22 Stream 9:5 12:9 13:7 19:7,11,13,17 20:14 22:15, 18 25:24 51:8 66:20,25 67:5,8,12,15, 22 68:1,4,6, 10 71:16 73:5,8 76:19 77:17 90:7,22 91:15,24 93:15 96:13 98:4 101:15 102:18,21 108:17,19,21 109:7 113:13 124:24 126:11 128:18 139:6 141:6 147:1, 25 163:19 165:5 171:15 176:17,20 Stream's 55:7,20 149:16 163:14 street 65:2 97:4 112:12 118:20 130:1 stress 162:25 strike 67:9 76:12 97:13 126:16 strong 50:5 struggle 109:3 struggling 85:14 stuck 171:1 stuff 21:5 112:5 subject 32:1 119:14 168:5 174:25 U.S. LEGAL SUPPORT (561) 835-0220 25 submit 144:10,15 165:14 submitted 143:3,7 144:3,8,11,13 149:5 178:4, 22,25 subparagraph 13:8 16:8 18:6 19:22 25:23 28:24 31:21 33:24 34:9 35:9 40:3,11 43:12 44:20,25 45:1,8 48:12, 22 49:3 51:10 173:17 substance 31:4 129:14, 15 substantial 55:22 subtle 108:25 subtleties 46:12 Sucked 107:5 sucking 169:6 sue 121:10 178:21 suffer 163:2 suffering 156:12,22 163:1 suggest 139:11 suggested 144:11 suggestion 110:24 suit 57:24 75:11 76:14, 18,20 77:13 80:9 81:22 84:10 103:8 114:6,18,21 115:3,4,6,11, 12,14,16 116:5,15 122:1 123:19 127:11 129:23 137:11 140:22 141:1,6,17 142:6 145:19 147:2,25 151:14,20 152:2,7,16,20 158:9,11 171:16 suits 32:14 91:24 169:4 Sunbiz 88:10 superior 45:6 Supper 113:21 supply 152:24 support 65:19 117:14 118:17 supports 66:9 supposed 165:16 suppository 40:25 Supreme 44:14 surprised 68:25 suspect 93:23 swear 5:3 Sweet 86:14, 21 87:11,17 88:8,10,15,23 89:8,10,17,18 90:9,11,12,14 Sweetapple 22:14 23:6 41:1 57:24 60:16 62:4 64:10 65:8 85:10 87:3 88:6 89:22 93:23 96:10 97:2,25 98:8, 16 99:15,19, 22 101:4,10 103:9,20,24 104:5,8,19 Martin O'Boyle May 16, 2016 105:17,20 106:13,23 107:3,8,17 108:2,24 109:18 110:18 112:3,7,10 115:20 116:6, 16 119:2,11 120:3,14,17 121:1,24 125:21 126:10,15 128:8,13,16, 22 129:12 130:1 131:20 132:8 133:7 134:14,23 135:3,20,22 136:6,12,17 137:21 138:2, 11,20,22 139:7 140:13, 18 141:2 150:4 151:19 152:6,19 153:6 159:3 160:4,11,15, 21,25 162:8 164:20 174:18,20 176:11 177:19,22 178:20 Sweetapple's 88:3 90:6 92:22,24 95:9,17 96:23 111:16 113:25 114:4,9 121:7,19 122:6 127:3, 20 129:21 130:6,22 131:7 151:24 152:15 153:3 158:19 164:23 Sweetapples 169:4 sworn 5:9 64:4 Syria 94:1,3, 5,7,8,23,24 OA table 124:8, 9,10 taking 38:25 122:20 169:1 talk 6:14 10:8 11:1 17:8 24:14 29:10 30:21, 25 33:14 159:15 169:18 176:14 talked 24:7, 18 166:17,19, 20 169:20,22, 23 talking 6:24 10:15 12:11 14:15 38:1 48:9 71:6 90:24 99:21 103:9 119:24 122:12 171:14 174:1 talks 9:8 24:15 40:11 tall 41:14 Tallahassee 166:14 167:9, 11,16,19 169:23 Taller 41:15 tape 49:9 tapes 119:1 169:22 Taylor 102:12,16 127:17,21 128:6 team 68:19 69:6 U.S. LEGAL SUPPORT (561) 835-0220 26 technical 45:14 telling 66:4 108:3 149:24 ten 100:7 119:25 Tennis 109:7 tense 110:21 112:13 term 15:19 68:24 141:6 142:4,12 terms 86:8 testified 5:10 64:5,12, 16 66:8,11,17 69:25 72:6 74:19 75:18 77:4 83:4 85:8,25 90:16 91:1 105:14 107:16 113:23 114:16,22 115:2,11 116:14 127:19 150:8 156:17 158:8 171:7 172:3 testify 104:15,16 156:20,25 158:23 159:2 161:23 166:15 testifying 64:19 167:17 testimony 82:19,23,25 86:9 102:4,9 105:15 117:8 145:23 text 115:24 116:7,11 138:17 texts 116:12 Thanksgiving 93:8,10 theme 91:11 110:2 111:22 139:3 166:5 169:16 170:12 themed 169:13 therapy 163:7 thing 34:8 45:16 57:1 92:8,9 94:1, 3,5,11,22 118:8 121:9 129:13 things 7:20 9:1 10:9 17:10 24:15 64:12 75:18 85:2,3 125:23 126:8 142:1 161:15 164:25 166:20 167:20 169:7,20 thinking 32:24 71:8 144:17 thought 10:13 11:24 15:14 28:19 32:19 45:6 52:5 54:1 73:9,12, 13 84:3 87:8 88:7 120:22 123:25 Thrasher 12:19 13:18 14:12 15:18 30:11,12 31:2 39:10 48:23 50:5,9 60:18 102:10,16 121:14,15,19, 23 123:15 126:14,19,20 127:13 threat 146:10,25 147:24 148:2, 9 threatening 98:8 Martin O'Boyle May 16, 2016 threats 21:11 135:23 threefold 97:9 Thug 71:5,11 thugs 32:14 70:20 71:1 time 8:22 15:3,20 21:6, 10 25:13 29:21 43:20 49:4 52:17 53:9 61:15,24 62:22,24 66:13,18 67:23 68:9,21 71:14,18 72:18,23 77:15 81:19 82:17 98:15 106:3 125:7,8 127:5,9 134:6 139:10 156:9 165:9 166:18 168:2 177:13 timeframe 74:18 119:21 125:5 timeline 11:18 15:5 times 117:22 118:1 120:9 125:10 131:10 147:10,14 timing 84:7 today 11:12 15:21 45:13 65:23 83:20 84:21 93:3 98:10 116:18 120:9 125:13 131:10 158:17 159:1 162:6 170:1,25 today's 94:13 told 22:20 23:7 38:3 40:4 61:16 65:21 66:4 96:19 98:18, 22 99:14 102:24 103:24,25 104:3,5,8,9, 10,11,21 106:14 110:7 111:25 119:10 121:23 123:11 129:18 130:3, 5,7,14 147:15 150:17 166:4 170:5 Tom 61:13 tone 170:11 top 9:1 38:22 100:18,21 158:6 touch 52:1 towed 21:1,21 6,7,10 42:91 12,20 43:5 town 9:2,4,9, 20 10:8 11:25 12:16 14:9, 13,15,16,22 15:13 16:2, 10,19,22 18:13,15 19:6,11,13,16 20:14,19,24 21:12,13,14 22:15,18 23:2,25 24:4, 21,24 25:2,5, 12 26:5,9,17, 24 27:11 28:9,22 29:24 30:3,7 31:15, 19,22 32:5, 10,11,14,16 33:2,4,6,9,25 34:3 35:9,12, 16,19,24 37:4,10,16,23 38:1,25 41:10,17,25 42:5,9,19 U.S. LEGAL SUPPORT (561) 635-0220 27 43:3,14 48:23 49:5,7,17,21, 23 51:8 65:4 66:20,23,25 67:5,7,11,14 68:1,4,6,9 71:15 72:21, 24 73:1,5,8 75:18,23 76:14,19 77:12,16 78:8,10,16 79:4,7,9 80:3,23 88:2 90:7,22 91:14,24 92:19,23,24 93:1,15,25 94:3,11,22 96:13 97:6 102:11,17,20 106:20,23 107:1,8,17 108:2 109:22 116:22 119:8 120:4 121:17 124:21,23 126:11 131:2 136:6,7 139:6,15,19, 22 140:21,25 141:6,14 142:5,17,19 143:5,10,12 144:9 146:10 147:1,24 149:1,14 150:10,13 151:7 163:14, 18 165:3,4 166:10,19 167:21 169:18 171:15 176:17,19 town's 42:11 43:5 54:7 56:20,23 57:19 58:3 59:2,25 112:6 113:24 149:7, 10 164:2,6,8 town -wide 139:13,16 towns 78:11 94:16 township 56:25 townspeople 102:3,5,7 track 93:17 trailer 68:3 transformed 68:17 transpire 112:18 transpired 129:16 130:14 treated 159:21 treatment 160:3,9 163:8 trees 27:8 40:19,21,23 trial 44:12 truck 12:24 19:3,10,12,21 20:14,24 21:2 40:12,22 42:8 43:3,8,11 trucks 18:7 19:3,5 true 20:21 46:6 77:10 88:17 95:16, 23 131:25 178:19 trustworthy 35:10,17 truth 5:4,5,6 137:14 149:24 turn 69:4 turned 38:1 TV 94:9,15 Tweedle 39:2, 3,12,13 71:18,19,22, Martin O'Boyle May 16, 2016 24 type 12:16 26:11 78:7 116:9 155:25 U Uh-huh 117:9 165:23 173:20 Uh-hum 53:15 102:6 111:10 172:20 ultimate 46:24 unable 159:2 unauthorized 177:20 178:3, 15,23 understand 5:23 6:6,16 28:15 33:1 34:2 36:10 41:7 42:25 84:22,25 85:5,15 98:17 126:5 132:23 141:4 145:11 147:15,17,19 151:21 157:17 158:13 167:20 174:5 understanding 11:24 12:3,5 34:16 36:14, 20 78:1 85:19 97:1 101:18 understood 5:25 124:11 unfriendly 146:8 147:2 146:1 unheard 24:5 United 38:5 68:18 69:16, 20 78:11 177:8 University 47:9,25 unpracticed 23:16 untrue 47:23 unwilling 97:1 UPL 44:21 45:9 47:12 48:7 173:18 176:8 utilize 120:12 V vague 141:6 VDF 52:5 vehicle 20:18 21:14 vehicles 41:16,25 42:7,18 43:2 veracity 137:14 verbally 5:19 6:4 35:6 172:21 versus 72:9 151:13,25 152:3 vestibule 118:21 121:5 vice 38:21 175:24 videos 24:20 25:2 view 32:13 47:20,21 69:5 viewpoint 161:14 violated 101:7 105:18 106:15 107:10 108:4 violating 105:22 violation 10:23 11:14 U.S. LEGAL SUPPORT (561) 835-0220 M 12:18 13:21 15:12 41:17 121:25 violations 79:9,18,20 121:20 virtually 11:14 54:13 visibility 40:21 voted 61:7,9 69:16 votes 61:16 W wait 153:8 171:13 waiting 133:14 walk 60:21,24 65:1 88:5 walker 6:18 walking 109:1 112:12 wall 71:6 115:21 wanted 46:20, 23,25 58:1 61:22 97:2,6 122:25 129:21 144:11 warning 146:7,10,25 147:24 warrants 89:24 wash 140:1 watch 22:24 94:14 117:16 watched 94:9 117:16 watching 91:21 wear 15:20 wearing 13:18,21 14:25 15:13 website 88:10 141:12 week 98:14 126:6 West 18:21 whining 88:6 whips 13:23 whistle 141:3 wide 139:15 wife 6:19 20:18,23 21:24 34:23, 24 96:23 97:4,10 129:21 130:2, 6,22 131:8 wife's 108:16 William 102:10,16 win 61:20 wine 43:22 winter 67:16 wiretapping 49:15 wished 146:6 woman 68:21 102:11 118:12 won 61:20 wonderful 34:11 word 12:21 13:19 50:24 51:12 127:1, 14 142:8 148:2,9 152:8,9 words 27:4 65:15 66:7 71:4 80:15 91:10 92:14 118:19 138:23 149:24 150:22,24 164:9 work 5:15 34:14 169:7 Martin O'Boyle May 16, 2016 working 112:8 works 34:12, 17 113:6,7 174:6 world 80:24 94:13 103:8 111:23 117:19 169:4 Wow 131:4 writ 37:1 write 154:7 writing 115:24 136:20 149:18 155:21 written 15:11 38:9 127:23, 24 138:9 154:15 164:15,19,22 wrong 23:11 43:10 57:20 87:14 wrote 43:22, 24 110:1 116:20 133:6 is year 47:10 59:9 111:12, 25 141:10 years 32:18 33:1 34:20 37:21 56:18 58:23 59:10, 11,13 61:21 65:25 67:20 68:24 69:2,9, 10 109:3,10, 12 117:19 126:7 yellow 40:18 young 34:12 Z zoning 79:8, 9,17,20 U.S. LEGAL SUPPORT (561) 835-0220 M