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HomeMy Public PortalAboutOrthwein Transcript excerpt 5/26/16UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 9:14-CV-81250-KAM MARTIN E. O'BOYLE, PLAINTIFF, V. ROBERT A. SWEETAPPLE and MAYOR SCOTT MORGAN, DEFENDANT. -----------------------------x Atrium Plaza Executive Suites 1515 North Federal Highway Suite 300 Boca Raton, Florida 33432 May 26, 2013 9:17 a.m. to 6:12 p.m. DEPOSITION OF JOAN ORTHWEIN (Excerpts of Testimony) Taken before Doreen Fox Krenchicki, Certified Court Reporter, Registered Professional Reporter, Certificate of Merit Reporter, Certified Realtime Reporter and Notary Public for the State of Florida at Large, pursuant to Notice of Taking Deposition filed in the above cause. Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 1 APPEARANCES 2 3 MARTIN E. O'BOYLE, Plaintiff 4 1280 West Newport Center Drive Deerfield Beach, FL 33442 5 Pro Se 6 21 22 23 24 25 Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 E KALI LAUREN M. SINCLAIR, ESQ., 7 of the firm of COLE, SCOTT & KISSANE, P.A. 222 Lakeview Avenue, Suite 120 8 West Palm Beach, FL 33401 on behalf of the Defendant, Sweetapple 9 561-681-5540 Kalilauren.sinclair@csklegal.com 10 11 JEFFREY L. HOCHMAN, ESQ. 12 of the firm of JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. 13 2455 E. Sunrise Boulevard, Suite 1000 Ft. Lauderdale, FL 33304 14 on behalf of the Defendant, Town of Gulf Stream 15 954-463-0100 954-463-2444 Fax 16 Hochman@jambg.com 17 18 ALSO PRESENT: 19 Michelle M. Baez, Esq. Christopher Francis Xavier 20 William Thrasher Giovanni Mesa, Esq. 21 22 23 24 25 Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 E 3 1 J 0 A N 0 R T H W E I N, 2 HAVING BEEN DULY SWORN ACCORDING TO LAW, WAS EXAMINED 3 AND TESTIFIED AS FOLLOWS: 4 5 EXAMINATION BY 6 MR. O'BOYLE: 7 (Excerpt A.) 8 Q. Okay. What do you do for a living, 9 Ms. Orthwein? 10 A. I am retired. 11 Q. You're retired? 12 A. Um-hmm. 13 Q. And where do you hang your real estate 14 license? 15 A. It has been inactive. 16 Q. It has been inactive? 17 A. It is inactive. 18 Q. It is. And how long has it been inactive? 19 A. I don't recall. 20 Q. Okay. Would it be more than 20 years? 21 A. It's been active and inactive several times over 22 the last 32 years, actually. 23 Q. And when was the last time that it was 24 active? 25 A. I don't recall. Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 I 1 Q. Was it during this century? 2 A. Yes. 3 Q. It was. Okay. 4 A. During this century? 5 Q. Yes. Okay. 6 So, we know that it's been active in the 7 last 16 years. 8 A. For a moment, yes. 9 Q. For a moment? 10 A. For a brief -- for a time. 11 Q. And what time would that have been? 12 A. I don't recall. 13 Q. How do you know it's for a time? 14 A. Because I know when I activate it, I know when I 15 put it inactive, that's why; and I don't know the dates. 16 Q. You just said you know when. 17 A. I don't recall saying that. 18 Q. Okay. 19 MR. O'BOYLE: Madam Court Reporter, would 20 you be kind enough? 21 (Whereupon the requested portion was read 22 back by the court reporter.) 23 THE WITNESS: I do not know exact dates. 24 BY MR. O'B0YLE: 25 Q. But you did just say you knew when, Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 E 1 correct? 2 A. That was a misstatement. 3 Q. But you did just say you knew when, 4 correct? 5 A. I meant I know it was activated, I know it was 6 unactivated [sic]. 7 Q. Again, I appreciate your sharing that with 8 me, but that's not my question. 9 A. Okay. What's your question? 10 Q. My question is; you did say that you knew 11 when, did you not? 12 A. You know, I said it was a mistake. I didn't 13 mean it in the term you took it. 14 Q. And I understand you said that. But you 15 did say you knew when; would that be correct? 16 A. You know what? If it's there, I said it. And 17 if it's not, I didn't. 18 Q. Okay. Fair enough. 19 A. That's it. 20 Q. And when was that? 21 A. And when was what? 22 Q. When was it active, when was it inactive? 23 And I'm talking about in the new millennium. 24 A. I just said I do not know. 25 Q. And you also said some different things, Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 I 1 but okay. We'll move on. 2 MR. HOCHMAN: Madam Court Reporter, I'd 3 like you to mark as an excerpt the exchange that starts 4 with the questions regarding the real estate license and 5 to the point where Mr. O'Boyle says he's moving on. 6 That's my Excerpt A from this deposition. 7 (Conclusion of Excerpt A.) 8 9 . « 10 11 (Excerpt Number Two.) 12 BY MR. O'BOYLE: 13 A. What do you want to know? 14 Q. Well, let's take it, as they say in show 15 business, from the top again. 16 How did the RICO suit get born? 17 A. I don't know. 18 Q. Were you involved in the process? 19 A. I don't recall. 20 Q. Did you -- were you a proponent of it? 21 A. The Commission voted to do it. 22 Q. Not what I asked you. 23 A. What did you ask me? 24 Q. Were you a proponent of it? 25 A. From the knowledge we received, yes. Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 7 1 Q. I'm sorry? 2 A. From the knowledge I had, yes. 3 Q. Okay. What was that knowledge? 4 A. I don't recall. 5 Q. Let me make sure I understand. 6 You were a proponent of it from the 7 knowledge that you don't know. 8 A. Whatever we talked about in the Commission 9 meeting; I don't recall details. 10 Q. I didn't ask you for details. 11 A. I don't recall any of the conversation, but we 12 voted yes and I was part of it. 13 Q. Okay. And do you know why you voted yes? 14 A. From the information we had on hand that day. 15 Q. And what information was that? 16 A. I don't recall, Mr. O'Boyle. 17 Q. Did you ever hear of the law firm of 18 Richman Greer? 19 A. Yes. 20 Q. How? 21 A. I think they were doing the RICO Act, if I 22 recall. 23 Q. How would you know that? I thought you 24 didn't know anything about RICO. 25 A. I don't. I know there was a law firm Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 I 1 representing us for the RICO. That's all I recall. 2 Q. Was Mr. Sweetapple involved in the 3 preparation of the RICO suit? 4 A. I don't recall. 5 Q. Do you remember Mr. Morgan saying -- and 6 I'm not going to get it right, but I'll get it, I think, 7 close enough -- we're going to -- we want to file a RICO 8 suit which will handle all of these other suits so that 9 we don't die a death of a thousand cuts? Something -- I 10 know the thousand cuts is right. Do you remember that? 11 MR. HOCHMAN: Objection to form. 12 A. I don't recall that. 13 Q. You don't recall that. 14 A. No. 15 Q. Okay. In connection with your being a 16 Commissioner, is there anything you recall? 17 A. In specific, what? 18 Q. In specific, specifically in connection 19 with your being a Commissioner. 20 A. I don't understand the question. 21 Q. Okay. Are you a Commissioner? 22 A. Yes. 23 Q. Okay. Was there a meeting in May and -- 24 was there? May 2016. I'm sorry. 25 A. May 13th. Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 I 1 Q. Okay. Was there one in April of 2016? 2 A. Yes. 3 Q. Was there one in March of 2016? 4 A. Yes. 5 Q. Was there one in February of 2016? 6 A. Yes. 7 Q. Was there one in January of 2016? 8 A. Yes. 9 Q. Do you remember any occurrence at any of 10 those meetings? 11 A. Hmm... yes. 12 Q. Can you share it with me? 13 A. Sure. 14 MR. HOCHMAN: Mr. O'Boyle, you're required 15 to ask a specific question. The notion of any of those 16 meetings having any relevance to this lawsuit is 17 tenuous, at best. If you want to tie it up, okay. If 18 you want to ask her specific questions, that's okay. 19 But I think your narrative question is improper. 20 MR. O'BOYLE: Are speaking objections 21 proper? 22 MR. HOCHMAN: Court reporter, I would ask 23 that you make another excerpt for me, it's number two, 24 it starts with the question from the witness of, what do 25 you want to know, through Mr. O'Boyle's statement to me, Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 1 1 through this statement right now; that's excerpt number 2 two. 3 Thank you. 4 (Conclusion of Excerpt Number Two.) 5 6 * + 7 8 (Excerpt Number Three.) 9 BY MR. O'BOYLE: 10 Q. Do you know Lisa Morgan? 11 A. Yes. 12 Q. You do? 13 A. I do. 14 Q. Do you remember Gulf Stream's 75th 15 anniversary? 16 A. Yes. I don't recall details of it, but I 17 remember they had one. 18 Q. Okay. There was a committee that was 19 formed I guess to celebrate and so forth. Were you on 20 that committee? 21 A. No. 22 Q. Do you know Anne Bright? 23 A. Yes. 24 Q. Do you know Reeve Bright? 25 A. Yes. Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 1] 1 Q. How do you know them? 2 A. Just years ago. Anne played tennis when I first 3 moved here, to town. 4 Q. Okay. 5 A. That's all. 6 Q. That's all. 7 A. I know them. 8 Q. You didn't run into either one of them at 9 the Gulf Stream Bath & Tennis, did you? 10 A. I don't recall. They go there. 11 Q. Did you ever see them there? 12 A. Yes. 13 Q. When did you see them there? 14 A. I don't know. 15 Q. Was it this millennium? 16 A. Yes. 17 Q. I'm sorry? 18 A. Yes. 19 Q. Oh, I thought you said no. 20 How long ago was that? 21 A. I don't know. I don't recall dates. I see a 22 lot of people. I don't recall. 23 Q. Okay. You are familiar with a lawsuit 24 which the town lost, and we all refer to it as the RICO 25 lawsuit; you're familiar with that? Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 12 1 MR. HOCHMAN: Objection to form. 2 Let me just ask for a third excerpt 3 starting with the questions about Lisa Morgan, coming 4 through this last objection. 5 (Conclusion of Excerpt Number Three.) 6 7 + * + 8 9 (Excerpt Number Four.) 10 BY MR. O'BOYLE: 11 Q. Was there an ordinance approved? 12 A. I don't recall the month; I think so. 13 Q. Do you recall what the ordinance was 14 about? 15 A. Solar panels. 16 Q. I'm sorry, I'm not hearing you. 17 A. Solar panels. 18 Q. Solar panels. 19 A. I think. 20 Q. And I think you think right. 21 The town doesn't like solar panels, do 22 they? 23 A. That's not a true statement. 24 Q. Okay. What is true? 25 A. The solar panels cannot be visible from the Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 13 1 street, from the front, or the water side. 2 Q. Does that offend you? 3 A. No. 4 Q. Did you vote for the ordinance which was 5 restrictive, as I understand it? 6 A. Yes. 7 Q. Why? 8 A. It's unattractive. 9 Q. Isn't that all about taste? 10 A. It's subjective. 11 Q. Pardon? 12 A. It is taste. 13 Q. Who are you to impose your taste on, as an 14 example, Mr. O'Hare? 15 MR. HOCHMAN: Objection to form. 16 MS. SINCLAIR: Join. 17 A. It's just rules. 18 Q. Pardon? 19 A. It is just part of the Town of Gulf Stream. 20 Q. Has anyone ever advised you as to the law 21 in connection with taste? 22 A. No. 23 Well, that's a gray area. I think you have, 24 actually. 25 Q. Pardon? Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 14 1 A. I think you have. 2 Q. I think I have, too. 3 What makes it a gray area? 4 A. It's all what people like. 5 Q. I'm sorry? 6 A. It is what an individual likes. 7 Q. I apologize. Did you say it's what people 8 like? 9 A. It is up to the individual. Taste is an 10 individual... it's an individual style. 11 Q. Okay. So, why the restriction on solar 12 panels? 13 A. The residents find them unattractive to look at 14 from the street; or if your house is on the water, from 15 the back of the house. 16 Q. I don't like Bermuda style homes. Should 17 we knock them all down in Gulf Stream? 18 A. I would say not. 19 Q. Why? 20 A. Why? 21 Q. It's just what I asked you. 22 A. No, you shouldn't knock them all down, just as 23 you wouldn't knock down a modern house or any other 24 house. 25 Q. I'm sorry? Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 15 1 A. Why would you knock -- why would you knock any 2 house down? 3 Q. Because they don't meet my taste, just 4 like the solar panels don't meet yours. 5 MR. HOCHMAN: Objection to form. 6 A. I think that's a totally different -- you're 7 going to go around Gulf Stream and knock houses down? 8 After you purchased them, or what? 9 Q. I don't plan on buying a bulldozer tonight 10 and going to knock houses down, I promise. 11 A. You never know. 12 MR. HOCHMAN: Mr. O'Boyle, I don't see the 13 relevance on the rational basis scrutiny to the lawsuit 14 under the first amendment. I would ask that you please 15 redirect your questioning. 16 I would also ask that the court reporter 17 provide me with a fourth excerpt which starts with a 18 discussion about an ordinance that was approved, through 19 my objection. 20 (Excerpt Number Four Continued.) 21 BY MR. O'BOYLE: 22 Q. Ms. Orthwein? 23 A. Yes? 24 Q. Is there a requirement to file financial 25 disclosures by the individuals, Mr. Thrasher, I assume, Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 16 1 the Commissioners, on an annual basis? 2 A. Yes. 3 Q. There is. Okay. 4 And have you been filing those -- when I 5 say "been," I apologize -- the last one that was due, 6 did you file it? 7 A. Yes. 8 Q. I'm sorry? 9 A. Yes. 10 Q. And as long as you've been on the 11 Commission for the last 21 years, were you filing them 12 then, as well? 13 A. Yes. 14 Q. Okay. 15 A. To my knowledge. 16 Q. To your knowledge. Okay. 17 A. As far as I got to where they were supposed to 18 go in the mail. 19 MR. HOCHMAN: Let me just amend my last 20 statement to you about the excerpt that I ordered, 21 number four. I wanted it to end when I made my last 22 statement, but I want it ended the beginning of the 23 questions regarding the financial disclosure, so the 24 excerpt is a little longer. 25 (Conclusion of Excerpt Number Four.) Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 17 1 2 3 4 (Excerpt Number Five.) 5 BY MR. O'BOYLE: 6 Q. Okay. Has the town ever prepared an 7 investigation report on anyone? 8 A. I'm not sure. 9 Q. Do you know of any investigative report 10 that was prepared by or for the town? 11 MS. SINCLAIR: Objection. 12 A. I'm not sure. I don't know. 13 Q. Pardon? 14 A. I don't recall. 15 Q. Okay. Do you remember my truck? It was a 16 white truck, pickup truck, that was parked in the 17 parking lot and had a banner on it that was -- it 18 changed from time to time. 19 A. I do recall the truck. 20 Q. Okay. Were you angry about it, delighted 21 about it? 22 MR. HOCHMAN: Objection to form. 23 A. I had no opinion of it. 24 Q. But you guys passed a law that said I 25 couldn't do it anymore, didn't you? Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 E 1 MR. HOCHMAN: Objection to form. 2 MS. SINCLAIR: Join. 3 A. Yes, we did. Overnight, wasn't it? 4 Q. I'm not sure -- 5 A. Just doing business at the Town Hall. 6 Q. That's right. I think it was doing 7 business at the Town Hall, I think that's right. 8 A. Is that correct? 9 Q. Are you aware, by the way, the... oh, 10 darn. 11 I know this is the wrong term. The master 12 plan. The comprehensive land use plan. Are you 13 familiar with that, in Gulf Stream? 14 A. I know of it. 15 Q. Huh? 16 A. I'm not very familiar with it, no. I know of 17 it. 18 Q. Have you ever looked at it? 19 A. Yeah, but I don't recall the details of it. 20 Q. There's that word again. 21 What if I told you that that document says 22 you must reserve all of the parking spaces at City Hall 23 for beach access, recreation, and you didn't have the 24 right to do what you did? 25 A. That would be up to an attorney to advise us, Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 19 1 whether we had the right or not. 2 Q. You don't have an attorney who advises you 3 whether to have a baloney sandwich or a ham sandwich for 4 lunch, do you? 5 A. No. 6 Q. Just want to make sure. 7 MR. HOCHMAN: I would like a fifth excerpt 8 which starts with the investigation report questions and 9 ends with the response to his question about the 10 sandwiches. 11 (Conclusion of Excerpt Number Five.) 12 13 14 15 (Excerpt Number Seven.) 16 BY MR. O'BOYLE: 17 Q. Okay. 23 North Hidden Harbour Drive; have 18 you ever heard of that address? 19 A. Is it your house? 20 Q. It is. 21 A. Good guess, huh? 22 Q. I came into the town for approvals for 23 that house. Do you remember that? 24 A. I do. 25 Q. And do you remember that I had Bob Carey Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 20 1 with me, who's somewhat of a famous architect, but 2 depends on who you ask, I guess; but do you remember I 3 had Bob Carey with me? Q. Yeah. Do you remember him? 4 A. Bob Curry? 5 Q. Carey. 6 A. It's Carey? 7 Q. Yeah. Do you remember him? 8 A. I do. 9 Q. And Bob of course is a Harvard architect 10 and nationally known. 11 Do you remember a fellow named Peter DeLeo 12 that I had with -- 13 A. I do not remember him. 14 Q. I thought you'd remember him. He also is 15 an engineer, he has a grad degree from MIT, probably 16 much like yourself. 17 A. My daughter. 18 Q. Your daughter. Congratulations. 19 You voted against the modification of my 20 house. Am I recalling correctly? 21 A. Correct. 22 Q. Why? 23 A. It was not within our town architecture review 24 board guidelines, as I recall. 25 Q. Aren't -- you know, I hear that answer a Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 1 lot, and codes are not robotic. People have to look at 2 them for other reasons, as well. 3 So when you say "it didn't meet with our 4 architectural review board," if that's the proper name, 5 are you saying it's fatal when it came to you? 6 A. I don't recall -- is it fatal? 7 Q. Fatal. You said you voted against it 8 because it didn't meet the requirements of the 9 architectural, whatever it's called, review board. 10 A. Okay. 11 MR. HOCHMAN: Objection to form. That's 12 not her testimony. She talked about the guidelines. 13 Q. Am I correct on stating that? 14 MR. HOCHMAN: You're restating her 15 testimony which is not her testimony, so I object to the 16 17 18 19 20 21 22 23 24 form. A. Is it fatal when it got to us? Q. Let's start over. Didn't you say to me that you voted against it because -- let me use a different word, easier, hopefully -- because it was not in compliance, it did not meet the requirements of the architectural review board? 25 A MR. HOCHMAN: Objection to form. That is my belief. The other Commissioners Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 21 22 1 voted how they so chose fit. 2 Q. Okay. So you voted against it for that 3 reason. 4 A. Yes. 5 Q. If that was the reason, as I understand 6 it, what you're saying is if the -- if you don't meet 7 the criteria, you're not in compliance with the 8 architectural review board, Ms. Orthwein is not going to 9 approve it; is that correct? 10 MR. HOCHMAN: Objection to form. That's a 11 hypothetical and it's incomplete. 12 A. Every situation has its own merit. 13 Q. Okay. Can you now answer my question? 14 A. I think I just answered it. 15 Q. I don't think you did. 16 A. Well, I answered to the best of my knowledge. 17 How's that? 18 Q. Okay. Well, we'll go through it again. 19 You did vote against it, correct? 20 MR. HOCHMAN: Objection to form. That was 21 asked and answered now twice. 22 Q. Sorry? 23 A. I answered it. Remember? 24 Q. I'm sorry? 25 A. I answered it. Remember? Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 23 1 Q. I'm now trying to go over it rather than 2 start midway. If you'd rather me start midway, I'd be 3 glad to do it, it would just be much tougher on you. 4 What's your pleasure? 5 A. It's up to you, you're doing the deposition. 6 Q. Right. And I just started with you and I 7 think this is the easiest way. 8 A. As you wish. 9 Q. Pardon? 10 A. What's the question? 11 Q. You did vote against the approval for the 12 retrofit of my house; would that be correct? 13 MR. HOCHMAN: Objection to form. Asked 14 and answered. 15 A. I've answered it. I said, yes, I did. 16 Q. Okay. And you said that your basis for it 17 was that it did not meet the terms, the compliance, the 18 outline, whatever it is, of the architectural review 19 guidelines. And I'm probably using these terms not 20 precisely, but I think you know what I'm talking about. 21 Is that correct? 22 MR. HOCHMAN: Objection to form. 23 A. As far as I'm concerned. 24 Q. Okay. All right. 25 Did you make a conscious decision to Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 24 1 ostracize my wife? 2 MR. HOCHMAN: Objection to form. 3 MS. SINCLAIR: Join. 4 MR. HOCHMAN: Let me just ask for an 5 excerpt for that discussion that starts with 23 North 6 Hidden Harbour Drive through my request now. We'll call 7 that excerpt number seven. 8 Thank you. 9 (Conclusion of Excerpt Number Seven.) 10 11 12 13 (Excerpt Number Eight.) 14 BY MR. O'BOYLE: 15 Q. Okay. All right. Did you make a 16 conscious decision to ostracize my wife? 17 MR. HOCHMAN: Objection to form. 18 MS. SINCLAIR: Join. 19 MR. HOCHMAN: Let me just ask for an 20 excerpt for that discussion that starts with 23 North 21 Hidden Harbour Drive through my request now. We'll call 22 that excerpt number seven. 23 Thank you. 24 THE WITNESS: You want an answer? 25 BY MR. O'BOYLE: Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 25 1 Q. If I told you that's why I asked the 2 question, would you believe me? 3 A. Sure. 4 No, I did not. 5 Q. Has she been ostracized? 6 MR. HOCHMAN: Objection to form. 7 A. Has she? 8 Q. That's what I just asked you. 9 A. I don't know. 10 Q. So you have no understanding or evidence 11 that she has been; is that correct? 12 MR. HOCHMAN: Objection to form. 13 Ostracized. Is that the question? 14 A. I think he wants to know if I have knowledge of 15 ostracizing your wife? 16 MR. HOCHMAN: My understanding was he 17 asked you whether -- did you make a decision, you said 18 no. 19 The next question was whether a decision 20 was made, Mr. O'Boyle? 21 MR. O'BOYLE: I don't think that's what I 22 said, no. 23 MR. HOCHMAN: Can you read back the 24 question. 25 (The pending question was read back by the Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 26 1 court reporter.) 2 THE WITNESS: I have no idea if she has or 3 hasn't. I haven't seen her -- it's up to you to think 4 that. I don't know. 5 BY MR. O'B0YLE: 6 Q. Forgetting about the word ostracize, but 7 looking at the general meaning of the word, meaning he 8 was ostracized, he was ignored. For me, I would say I 9 iced him. Whatever. 10 Is it possible, not utilizing or -- or 11 maybe utilizing the word ostracized -- that you 12 ostracized my wife? Is it possible? 13 MR. HOCHMAN: Objection to form. 14 MS. SINCLAIR: Join. 15 A. No, it's not possible. 16 Q. And you never said anything akin to that 17 in the Gulf Stream Bath & Tennis; would that be correct? 18 A. I don't recall. 19 Q. Didn't you just tell me it wasn't 20 possible? 21 A. I said I don't recall any ostracizing your wife. 22 Q. But didn't you say it wasn't possible? 23 A. It wasn't -- I said I did not ostracize your 24 wife. Is that what I said? 25 Q. I thought you said it wasn't possible. Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 27 1 I'm not saying 2 A. I mean, I don't know exactly... terminology. I 3 said I did not ostracize your wife. 4 Q. We'll let the record stand on itself. 5 Are you aware that your Mayor -- 6 MR. HOCHMAN: Before he goes on with that, 7 I would like another excerpt, number eight, now, about 8 the subject matter of the ostracization, allegedly, of 9 Mr. O'Boyle's wife. 10 (Conclusion of Excerpt Number Eight.) 11 12 13 14 (Excerpt Number Nine.) 15 BY MR. O'BOYLE: 16 Q. When I was running for Commission, were 17 you aware that over in Place Au Soleil, and I know I'm 18 not saying it right, that I had a bunch of campaign 19 signs and that Mr. Thrasher and the police took them? 20 A. That's a tough one. I don't remember details of 21 that. 22 Q. I'm not asking you for details. 23 A. I don't remember, Mr. O'Boyle. 24 Q. You don't remember anything about it? 25 A. Very vague. There was always campaign signs Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 M, 1 missing everywhere, it seemed. In Delray? In Gulf 2 Stream? I don't recall. 3 Q. Did Mr. Thrasher ever tell you that he 4 instructed the police as well as the guys in Public 5 Works to take the signs? 6 A. I don't recall that. 7 Q. Do you recall anything about the signs in 8 Place Au Soleil? 9 A. Not in Place Au Soleil. 10 Q. Is it possible that the signs were taken 11 by the government of Gulf Stream, my signs were taken by 12 the government of Gulf Stream, prior to the election, 13 from Place Au Soleil? And I know I'm not saying it 14 right. 15 MR. HOCHMAN: Objection to form. 16 A. I will repeat this. Anything is possible. I 17 don't know. 18 Q. You never heard scuttlebutt; no one ever 19 asked you anything about those signs? 20 A. I don't recall. 21 Q. Didn't you speak to Donald White about 22 them? 23 A. You know, I don't recall our conversation, if we 24 had one. I don't recall talking to Donald White about 25 them. That would be -- I don't recall that at all. Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 1 2 3 4 5 6 7 8 9 z Q. Okay. On election day, are you aware that multiple police officers, and I'm going to say eight, came and confiscated all of my signs that were in and about -- they were about the Town Hall? A. I don't know the details of all that. I do remember there were some issues. Did the Supervisor of Election come down or something? Did I hear that? Is that correct? 10 A Q. That's a whole different issue. Okay. 11 Q. Let's stick with the signs and, if you'd 12 like, we can talk about the Supervisor of Elections. 13 A. Didn't talk about that at all -- I don't even 14 know anything about your signs or the supervisor, I just 15 know she came down. 16 Q. Who would have instructed the Chief of 17 Police? Who's his superior? 18 A. I would think the Town Manager -- I don't know. 19 I mean, the Town Manager and the Chief worked together. 20 Q. So the Town Manager would be his, for lack 21 of a better way of saying it, boss? 22 MR. HOCHMAN: Objection to form. 23 A. I don't know that for sure. I'm not sure how 24 they worked together. 25 Q. But somebody is over top of the Chief of Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 30 1 Police; would you agree with me there? 2 MR. HOCHMAN: Objection to form. 3 As to what issue, Mr. O'Boyle? Probable 4 cause? 5 A. I don't know. 6 Q. Okay. So it's possible, then, that the 7 Chief of Police acts autonomously without supervision? 8 MR. HOCHMAN: Objection to form. 9 A. I do not know that. 10 Q. It's possible? 11 A. I don't know. 12 MR. HOCHMAN: Objection to form. 13 Mr. O'Boyle, can I ask you what the 14 relevance of the campaign sign issue is? It's not pled 15 in any part of your complaint. And I believe there's a 16 magistrate judge ruling indicating that the discovery in 17 this case should be limited to the claims in this case. 18 If you can tie that up for me, I'd 19 appreciate it. 20 MR. O'BOYLE: Madam Court Reporter, could 21 you note on the record that Mr. Hochman continues with 22 his outbursts to obstruct this deposition. This is now 23 multiple, multiple times, and I would ask him to 24 restrain himself. 25 MR. HOCHMAN: Madam Court Reporter, can I Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 31 1 have excerpt number nine, beginning with the campaign 2 signs, and ending with Mr. -- my request for excerpt 3 number nine. 4 (Conclusion of Excerpt Number Nine.) 5 (Conclusion of requested excerpts.) 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 1 2 W 32 4 STATE OF FLORIDA 5 COUNTY OF PALM BEACH 6 7 CERTIFICATE OF OATH 8 I, the undersigned authority, certify that JOAN 9 ORTHWEIN personally appeared before me and was duly 10 sworn. 11 12 Witness my hand and official seal this 1st day 13 of June 2016. i[1 15 16 17 18 19 20 21 DOPEEN FOX KRENCHICKI Notary Public - State of Florida 22 My Commission #DD745367 Expires: April 4, 2020 23 24 25 Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 1 REPORTER'S DEPOSITION CERTIFICATE 2 3 STATE OF FLORIDA 4 COUNTY OF PALM BEACH 5 6 I, DOREEN FOX KRENCHICKI, CCR, CM, RPR, CRR, 7 certify that I was authorized to and did 8 stenographically report the deposition of JOAN ORTHWEIN; 9 that a review of the transcript was not requested; and 10 that the transcript is a true and complete record of my 11 stenographic notes. 12 13 I further certify that I am not a relative, 14 employee, attorney, or counsel of any of the parties, 15 parties' attorney, or counsel connected with the action, 16 nor am I financially interested in the action. 17 18 DATED this 1st day of June 2016. 19 20 f Ikfi, 21 DOREE14-FOX KRENCHICKI, CCR, CM, RPR, CRR 22 23 24 25 Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 33 a.m 1:14 access 18:23 Act 7:21 action 33:15,16 activate 4:14 activated 5:5 active 3:21,24 4:6 5:22 acts 30:7 address 19:18 advise 18:25 advised 13:20 advises 19:2 ago 11:2,20 agree 30:1 akin 26:16 allegedly 27:8 amend 16:19 amendment 15:14 angry 17:20 Anne 10:22 11:2 anniversary 10:15 annual 16:1 ANSELMO 2:12 answer 20:25 22:13 24:24 answered 22:14 22:16,21,23,25 23:14,15 anymore 17:25 apologize 14:7 16:5 APPEARANC... 2:1 appeared 32:9 appreciate 5:7 30:19 approval 23:11 approvals 19:22 approve 22:9 approved 12:11 15:18 April 9:132:22 architect 20:1,9 architectural 21:4,9,22 22:8 23:18 architecture 20:23 area 13:23 14:3 asked 6:22 14:21 22:2123:13 25:1,8,17 28:19 asking 27:22 assume 15:25 Atrium 1:11 attorney 18:25 19:2 33:14,15 An 27:17 28:8,9 28:13 authority 32:8 authorized 33:7 autonomously 30:7 Avenue 2:7 aware 18:9 27:5 27:17 29:1 B back4:22 14:15 25:23,25 Baez 2:19 baloney 19:3 banner 17:17 basis 15:13 16:1 23:16 Bath 11:9 26:17 beach 2:4,8 18:23 32:5 33:4 beginning 16:22 31:1 behalf 2:8,14 belief 21:25 believe 25:2 30:15 Bermuda 14:16 best 9:17 22:16 better 29:21 board 20:24 21:4,9,23 22:8 Bob 19:25 20:3 20:4,9 Boca 1:13 born 6:16 boss 29:21 Boulevard 2:13 brief 4:10 Bright 10:22,24 bulldozer 15:9 bunch 27:18 BURKE 2:12 business 6:15 18:5,7 buying 15:9 call 24:6,21 called 21:9 campaign 27:18 27:25 30:14 31:1 Carey 19:25 20:3,5,6 case 1:2 30:17 30:17 cause 1:25 30:4 CCR 33:6,21 celebrate 10:19 Center 2:4 century4:1,4 Certificate 1:22 32:133:1 Certified 1:20 1:22 certify 32:8 33:7 33:13 changed 17:18 Chief 29:16,19 29:25 30:7 chose 22:1 Christopher 2:19 City 18:22 claims 30:17 close 8:7 CM 33:6,21 codes 21:1 COLE 2:7 come 29:7 coming 12:3 Commission 6:217:8 16:11 27:16 32:22 Commissioner 8:16,19,21 Commissioners 16:121:25 committee 10:18 10:20 complaint 30:15 complete 33:10 compliance 21:2122:7 23:17 comprehensive 18:12 concerned 23:23 Conclusion 6:7 10:4 12:5 16:25 19:11 24:9 27:10 31:4,5 confiscated 29:3 Congratulations 20:18 connected 33:15 connection 8:15 8:18 13:21 conscious 23:25 24:16 Continued 15:20 continues 30:21 conversation 7:1128:23 correct 5:1,4,15 18:8 20:21 21:13 22:9,19 23:12,21 25:11 26:17 29:8 correctly 20:20 counsel33:14,15 COUNTY 32:5 Daughters Reporting, Inc. Fort Lauderdale, Florida 959-755-6901 11 33:4 course 20:9 court 1:1,21 4:19,22 6:2 9:22 15:16 26:130:20,25 criteria 22:7 CRR 33:6,21 Curry 20:4 cuts 8:9,10 darn 18:10 DATED 33:18 dates 4:15,23 11:21 daughter 20:17 20:18 day 7:14 29:1 32:12 33:18 DD745367 32:22 death 8:9 decision 23:25 24:16 25:17,19 Deerfield 2:4 Defendant 1:9 2:8,14 degree 20:15 DeLeo 20:11 delighted 17:20 Delray 28:1 depends 20:2 deposition 1:16 1:24 6:6 23:5 30:22 33:1,8 details 7:9,10 10:16 18:19 27:20,22 29:5 die 8:9 different 5:25 15:6 21:20 29:9 disclosure 16:23 disclosures 15:25 discovery30:16 discussion 15:18 24:5,20 DISTRICT 1:1 1:1 document 18:21 doing 7:21 18:5 18:6 23:5 Donald 28:21,24 Doreen 1:20 32:2133:6,21 Drive 2:4 19:17 24:6,21 due 16:5 duly 3:2 32:9 E 1:4 2:3,13 3:1 easier 21:21 easiest 23:7 eight 24:13 27:7 27:10 29:2 either 11:8 election 28:12 29:1,7 Elections 29:12 employee 33:14 ended 16:22 ends 19:9 engineer20:15 Esq 2:6,11,19,20 estate 3:13 6:4 evidence25:10 exact 4:23 exactly 27:2 EXAMINATI... 3:5 EXAMINED 3:2 example 13:14 excerpt 3:7 6:3,6 6:7,11 9:23 10:1,4,8 12:2,5 12:9 15:17,20 16:20,24,25 17:4 19:7,11 19:15 24:5,7,9 24:13,20,22 27:7,10,14 31:1,2,4 excerptsl:17 31:5 exchange 6:3 Executive 1:11 Expires 32:22 F Fair 5:18 familiar 11:23 11:25 18:13,16 famous 20:1 far 16:17 23:23 fatal 21:5,6,7,17 Fax 2:15 February 9:5 Federal 1:12 fellow 20:11 fifth 19:7 file 8:7 15:24 16:6 filed 1:24 filing 16:4,11 financial 15:24 16:23 financially 33:16 find 14:13 firm 2:7,12 7:17 7:25 first 11:2 15:14 fit 22:1 Five 17:4 19:11 FL 2:4,8,13 Florida 1:1,13 1:23 32:4,21 33:3 FOLLOWS 3:3 Forgetting 26:6 form 8:11 12:1 13:15 15:5 17:22 18:1 21:11,16,24 22:10,20 23:13 23:22 24:2,17 25:6,12 26:13 28:15 29:22 30:2,8,12 formed 10:19 forth 10:19 four 12:9 15:20 16:21,25 fourth 15:17 Fox 1:20 32:21 33:6,21 Francis 2:19 front 13:1 Ft 2:13 further 33:13 G general 26:7 Giovanni 2:20 glad 23:3 go 11:10 15:7 16:18 22:18 23:1 goes 27:6 going 8:6,7 15:7 15:10 22:8 29:2 Good 19:21 government 28:11,12 grad 20:15 gray 13:23 14:3 Greer 7:18 guess 10:19 19:2120:2 guidelines 20:24 21:12 23:19 Gulf 2:14 10:14 11:9 13:19 14:17 15:7 18:13 26:17 28:1,11,12 guys 17:24 28:4 H 3:1 Hall 18:5,7,22 29:4 ham 19:3 hand 7:14 32:12 handle 8:8 hang 3:13 Harbour 19:17 24:6,21 Harvard 20:9 hear 7:17 20:25 29:7 heard 19:18 28:18 hearing 12:16 Hidden 19:17 24:6,21 Highway 1:12 Hmm 9:11 Hochman 2:11 2:12 6:2 8:11 9:14,22 12:1 13:15 15:5,12 16:19 17:22 18:1 19:7 21:11,14,24 22:10,20 23:13 23:22 24:2,4 24:17,19 25:6 25:12,16,23 26:13 27:6 28:15 29:22 30:2,8,12,21 30:25 Hochman@ja... 2:16 homes 14:16 hopefully 21:21 house 14:14,15 14:23,24 15:2 19:19,23 20:20 23:12 houses 15:7,10 How's 22:17 huh 18:15 19:21 hypothetical 22:11 iced 26:9 idea 26:2 ignored 26:8 impose 13:13 Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 2 improper 9:19 inactive 3:15,16 3:17,18,21 4:15 5:22 incomplete 22:11 indicating 30:16 individual 14:6 14:9,10,10 individuals 15:25 information 7:14,15 instructed 28:4 29:16 interested 33:16 investigation 17:7 19:8 investigative 17:9 involved 6:18 8:2 issue 29:9 30:3 30:14 issues 29:6 J J 3:1 January 9:7 JEFFREY 2:11 JOAN 1:16 32:8 33:8 JOHNSON 2:12 Join 13:16 18:2 24:3,18 26:14 judge 30:16 June 32:13 33:18 K KALI 2:6 Kalilauren.sin... 2:9 kind 4:20 KISSANE 2:7 knew 4:25 5:3 5:10,15 knock 14:17,22 14:23 15:1,1,7 15:10 know 4:6,13,14 4:14,15,16,23 5:5,5,12,16,24 6:13,17 7:7,13 7:23,24,25 8:10 9:25 10:10,22,24 11:1,7,14,21 15:11 17:9,12 18:11,14,16 20:25 23:20 25:9,14 26:4 27:2,17 28:13 28:17,23 29:5 29:14,15,18,23 30:5,9,11 knowledge 6:25 7:2,3,7 16:15 16:16 22:16 25:14 known 20:10 Krenchicki 1:20 32:2133:6,21 L2:11 lack 29:20 Lakeview 2:7 land 18:12 Large 1:24 Lauderdale2:13 LAUREN 2:6 law 3:2 7:17,25 13:20 17:24 lawsuit 9:16 11:23,25 15:13 let's 6:14 21:18 29:11 license 3:14 6:4 likes 14:6 limited 30:17 Lisa 10:10 12:3 little 16:24 living 3:8 long 3:18 11:20 16:10 longer 16:24 look 14:13 21:1 looked 18:18 looking 26:7 lost 11:24 lot 11:22 17:17 21:1 lunch 19:4 M 2:6,19 Madam 4:19 6:2 30:20,25 magistrate 30:16 mail 16:18 Manager 29:18 29:19,20 March 9:3 mark 6:3 MARTIN 1:4 2:3 master 18:11 matter 27:8 Mayor 1:8 27:5 mean 5:13 27:2 29:19 meaning 26:7,7 meant 5:5 meet 15:3,4 21:3 21:8,22 22:6 23:17 meeting 7:9 8:23 meetings 9:10,16 merit 1:22 22:12 Mesa 2:20 Michelle 2:19 midway 23:2,2 millennium 5:23 11:15 missing 28:1 misstatement 5:2 mistake 5:12 MIT 20:15 modern 14:23 modification 20:19 moment4:8,9 month 12:12 Morgan 1:8 8:5 10:10 12:3 move 6:1 moved 11:3 moving 6:5 multiple 29:2 30:23,23 MURDOCH 2:12 N 3:1,1 name 21:4 named 20:11 narrative 9:19 nationally 20:10 never 15:11 26:16 28:18 new 5:23 Newport2:4 nine 27:14 31:1 31:3,4 North 1:12 19:17 24:5,20 Notary 1:23 32:21 note 30:21 notes 33:11 Notice 1:24 notion 9:15 number 6:11 9:23 10:1,4,8 12:5,9 15:20 16:21,25 17:4 19:11,15 24:7 24:9,13,22 27:7,10,14 31:1,3,4 O 03:1 ' I O'Bole 1:4 2:3 3:6 4:19,24 6:5 6:12 7:16 9:14 9:20 10:9 12:10 15:12,21 17:5 19:16 24:14,25 25:20 25:2126:5 27:15,23 30:3 30:13,20 O'Boyle's 9:25 27:9 O'Hare 13:14 OATH 32:1 object21:15 objection 8:11 12:1,4 13:15 15:5,19 17:11 17:22 18:1 21:11,24 22:10 22:20 23:13,22 24:2,17 25:6 25:12 26:13 28:15 29:22 30:2,8,12 objections 9:20 obstruct 30:22 occurrence 9:9 offend 13:2 officers 29:2 official 32:12 oh 11:19 18:9 okay 3:8,20 4:3 4:5,18 5:9,18 6:17:3,13 8:15 8:21,23 9:1,17 9:18 10:18 11:4,23 12:24 14:11 16:3,14 16:16 17:6,15 17:20 19:17 21:10 22:2,13 22:18 23:16,24 24:15 29:1,10 30:6 opinion 17:23 ordered 16:20 ordinance 12:11 12:13 13:4 Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 15:18 Orthwein 1:16 3:9 15:22 22:8 32:9 33:8 ostracization 27:8 ostracize 24:1,16 26:6,23 27:3 ostracized 25:5 25:13 26:8,11 26:12 ostracizing 25:15 26:21 outbursts 30:22 outline23:18 Overnight 18:3 P.A 2:7,12 p.m 1:14 Palm 2:8 32:5 33:4 panels 12:15,17 12:18,21,25 14:12 15:4 Pardon 13:11,18 13:25 17:13 23:9 parked 17:16 parking 17:17 18:22 part 7:12 13:19 30:15 parties 33:14 parties' 33:15 passed 17:24 pending 25:25 people 11:22 14:4,7 21:1 personally 32:9 Peter 20:11 pickup 17:16 PIPER2:12 Place 27:17 28:8 28:9,13 Plaintiff 1:5 2:3 plan 15:9 18:12 18:12 played 11:2 Plaza 1:11 please 15:14 pleasure23:4 pled 30:14 point 6:5 police 27:19 28:4 29:2,17 30:1,7 portion 4:21 possible 26:10 26:12,15,20,22 26:25 28:10,16 30:6,10 precisely 23:20 preparation 8:3 prepared 17:6 17:10 PRESENT 2:18 prior28:12 Pro 2:5 Probable 30:3 probably 20:15 23:19 process 6:18 Professional 1:21 promise 15:10 proper 9:2121:4 proponent 6:20 6:24 7:6 provide 15:17 Public 1:23 28:4 32:21 purchased 15:8 pursuant 1:24 put 4:15 O question 5:8,9 5:10 8:20 9:15 9:19,24 19:9 22:13 23:10 25:2,13,19,24 25:25 questioning 15:15 questions 6:4 9:18 12:3 16:23 19:8 R3:1 rational 15:13 Raton 1:13 read 4:2125:23 25:25 real 3:13 6:4 Realtime 1:22 reason 22:3,5 reasons 21:2 recall 3:19,25 4:12,17 6:19 7:4,9,11,16,22 8:1,4,12,13,16 10:16 11:10,21 11:22 12:12,13 17:14,19 18:19 20:24 21:6 26:18,2128:2 28:6,7,20,23 28:24,25 recalling 20:20 received 6:25 record 27:4 30:21 33:10 recreation 18:23 redirect 15:15 Reeve 10:24 refer 11:24 regarding 6:4 16:23 Registered 1:21 relative 33:13 relevance 9:16 15:13 30:14 remember 8:5 8:10 9:9 10:14 10:17 17:15 19:23,25 20:2 20:7,11,13,14 22:23,25 27:20 27:23,24 29:6 repeat28:16 report 17:7,9 19:8 33:8 reporter 1:21,21 1:22,23 4:19 4:22 6:2 9:22 15:16 26:1 30:20,25 REPORTER'S 33:1 representing 8:1 request 24:6,21 31:2 requested 4:21 31:5 33:9 required 9:14 requirement 15:24 requirements 21:8,22 reserve 18:22 residents 14:13 response 19:9 restating 21:14 restrain 30:24 restriction 14:11 restrictive 13:5 retired 3:10,11 retrofit 23:12 review 20:23 21:4,9,23 22:8 23:18 33:9 Richman 7:18 RICO 6:16 7:21 7:24 8:1,3,7 11:24 right 8:6,10 10:1 12:20 18:6,7 18:24 19:1 23:6,24 24:15 27:18 28:14 ROBERT 1:7 robotic 21:1 RPR 33:6,21 rules 13:17 ruling 30:16 run 11:8 running 27:16 S sandwich 19:3,3 sandwiches 19:10 saying 4:17 8:5 21:5 22:6 27:1 27:18 28:13 29:21 says 6:5 18:21 SCOTT 1:8 2:7 scrutiny 15:13 scuttlebutt 28:18 Se 2:5 seal 32:12 see 11:11,13,21 15:12 seen 26:3 seven 19:15 24:7 24:9,22 share 9:12 sharing 5:7 show 6:14 sic 5:6 side 13:1 sign 30:14 signs 27:19,25 28:5,7,10,11 28:19 29:3,11 29:14 31:2 SINCLAIR 2:6 13:16 17:11 18:2 24:3,18 26:14 situation 22:12 solar 12:15,17 12:18,21,25 14:11 15:4 Soleil 27:17 28:8 28:9,13 somebody 29:25 somewhat 20:1 sorry 7:18:24 11:17 12:16 14:5,25 16:8 22:22,24 SOUTHERN Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 1:1 spaces 18:22 speak 28:21 speaking 9:20 specific 8:17,18 9:15,18 specifically 8:18 stand 27:4 start 21:18 23:2 23:2 started 23:6 starting 12:3 starts 6:3 9:24 15:17 19:8 24:5,20 State 1:23 32:4 32:2133:3 statement 9:25 10:1 12:23 16:20,22 STATES 1:1 stating 21:13 stenographic 33:11 stenographica... 33:8 stick 29:11 Stream 2:14 11:9 13:19 14:17 15:7 18:13 26:17 28:2,11,12 Stream's 10:14 street 13:1 14:14 style 14:10,16 subject 27:8 subjective 13:10 suit 6:16 8:3,8 Suite 1:12 2:7,13 Suites 1:11 suits 8:8 Sunrise 2:13 superior29:17 supervision 30:7 supervisor 29:6 29:12,14 supposed 16:17 sure 7:5 9:13 17:8,12 18:4 19:6 25:3 29:23,23 Sweetapple 1:7 2:8 8:2 sworn 3:2 32:10 T 3:1 take 6:14 28:5 taken 1:20 28:10 28:11 talk 29:12,13 talked 7:8 2 1: 12 talking 5:23 23:20 28:24 taste 13:9,12,13 13:21 14:9 15:3 tell 26:19 28:3 tennis 11:2,9 26:17 tenuous 9:17 term 5:13 18:11 terminology 27:2 terms 23:17,19 TESTIFIED 3:3 testimony 1:17 21:12,15,15 Thank 10:3 24:8 24:23 things 5:25 think7:21 8:6 9:19 12:12,19 12:20,20 13:23 14:1,2 15:6 18:6,7 22:14 22:15 23:7,20 25:14,2126:3 29:18 third 12:2 thought 7:23 11:19 20:14 26:25 thousand 8:9,10 Thrasher 2:20 15:25 27:19 28:3 Three 10:8 12:5 tie 9:17 30:18 time 3:23 4:10 4:11,13 17:18 17:18 times 3:2130:23 told 18:2125:1 tonight 15:9 top 6:15 29:25 totally 15:6 tough 27:20 tougher23:3 town 2:14 11:3 11:24 12:21 13:19 17:6,10 18:5,7 19:22 20:23 29:4,18 29:19,20 transcript33:9 33:10 truck 17:15,16 17:16,19 true 12:23,24 33:10 trying 23:1 twice 22:21 two 6:119:23 10:2,4 Um-hmm 3:12 unactivated 5:6 unattractive 13:8 14:13 undersigned 32:8 understand 5:14 7:5 8:20 13:5 22:5 understanding 25:10,16 UNITED 1:1 use 18:12 21:20 utilizing 26:10 26:11 V v 1:6 vague 27:25 visible 12:25 vote 13:4 22:19 23:11 voted 6:217:12 7:13 20:19 21:7,19 22:1,2 W W 3:1 want 6:13 8:7 9:17,18,25 16:22 19:6 2 4:2 4 wanted 16:21 wants 25:14 wasn't 18:3 26:19,22,23,25 water 13:1 14:14 way 18:9 23:7 29:21 we'116:1 22:18 24:6,2127:4 we're 8:7 West 2:4,8 white 17:16 28:21,24 wife 24:1,16 25:15 26:12,21 26:24 27:3,9 William 2:20 wish 23:8 witness 4:23 9:24 24:24 26:2 32:12 word 18:20 21:20 26:6,7 26:11 worked 29:19,24 Works 28:5 wouldn't 14:23 wrong 18:11 X x1:10 Xavier 2:19 Yeah 18:19 20:7 years 3:20,22 4:7 11:2 16:11 1000 2:13 120 2:7 1280 2:4 13th 8:25 1515 1:12 16 4:7 1st 32:12 33:18 20 3:20 20131:13 2016 8:24 9:1,3 9:5,7 32:13 33:18 2020 32:22 2116:11 222 2:7 2319:17 24:5,20 2455 2:13 261:13 3001:12 32 3:22 33304 2:13 334012:8 33432 1:13 33442 2:4 4 32:22 561-681-5540 Daughters Reporting, Inc. Fort Lauderdale, Florida 954-755-6401 5 2:9 6 6:121:14 7 75th 10:14 9 9:14 -CV -8125... 1:2 9:171:14 954-463-0100 2:15 954-463-2444 2:15