VOLUME IV TRIAL
IN THE CIRCUIT COURT IN AND FOR PINELLAS COUNTY, FLORIDA CASE NO. 99-7430-CI-08
: CHURCH OF SCIENTOLOGY FLAG SERVICE : ORGANIZATION, INC., a Florida : corporation, : : Petitioner, : : vs. : : ROBERT S. MINTON, JR., ET AL., : : Respondents. : ----------------------------------------x BEFORE: The Honorable THOMAS E. PENICK, JR. PLACE: Pinellas County Judicial Building 545 First Avenue North St. Petersburg, Florida DATE: Februry 12, 2001 TIME: 9:40 A.M. REPORTED BY: JACKIE L. OSTROM Court Reporter --------------------------------------------------- ORDERS TO SHOW CAUSE --------------------------------------------------- Pages 436-550 Volume IV ROBERT A. DEMPSTER & ASSOCIATES P.O. BOX 35 CLEARWATER, FLORIDA (727) 443-0992 . APPEARANCES The Honorable THOMAS E. PENICK, JR. CIRCUIT COURT JUDGE F. WALLACE POPE, JR., ESQUIRE JOHNSON, BLAKELY, POPE ET AL 911 Chestnut Clearwater, Florida MICHAEL LEE HERTZBERG, ESQUIRE 740 Broadway, Fifth Floor New York, New York 10003 Attorneys for Church of Scientology Flag Ship Organization JOHN MERRETT, ESQUIRE 2716 Herschel Street Jacksonville, Florida 32205 BRUCE G. HOWIE, ESQUIRE PIPER, LUDIN, HOWIE AND WERNER 5720 Central Avenue St. Petersburg, Florida 33707 Attorneys for Robert Minton and Lisa McPherson Trust, Inc. . 438 1 PROCEEDINGS 2 THE COURT: All right. Let me do 3 something real quick. Let's check in with 4 the beeper and cell phone representatives. 5 You got everything under control? Good deal. 6 Thank you all. 7 Okay. Boy, that just goes on and on. 8 They just had an incident over there with 9 the jurors and even after they asked him to 10 please quit talking in court, he didn't 11 quite understand. 12 Okay. All right. We're ready to 13 proceed and Mr. Pope. 14 MR. POPE: My next witness is Lindsey 15 Colton, Your Honor. 16 THE COURT: Okay. Please come forward. 17 Now she was placed under oath on Saturday and 18 I'm going to continue her under the oath that 19 I put her under Saturday and, ma'am, you do 20 understand that I'm asking you to tell the 21 truth and continue to tell the truth, okay. 22 Thank you. 23 Come on up and have a seat and I warned 24 you about that chair on Saturday. 25 All right. Go ahead, Mr. Pope, sir. . 439 1 DIRECT EXAMINATION 2 BY MR. POPE: 3 Q Refresh us with your name and occupation, 4 please? 5 A Lindsey Colton. I'm a private investigator. 6 Q I want to call your attention to the date of 7 January 5, 2001 and ask you if you were asked to serve 8 some form of a document on Mr. Minton on that day? 9 A Yes, I was. 10 Q What was it that you were asked to do? 11 MR. MERRETT: Objection. Relevance. 12 He's already abandoned this allegation 13 yesterday. 14 That's why the tape was chopped up again 15 was because he was eliminating the evidence 16 regarding Mrs. Colton's activities on the 17 fifth which is what was removed from the 18 tape. 19 MR. POPE: Your Honor. 20 THE COURT: Yes, sir. 21 MR. POPE: I was not abandoning the 22 argument. What I did was I split the tape up 23 because part of it related to her testimony 24 and part of it related to Antonio's 25 testimony. . 440 1 THE COURT: All right. I'll see where 2 this is going. Let's proceed. 3 MR. POPE: I did not signal to the court 4 that I was abandoning anything. I just split 5 the tape up. 6 THE COURT: Okay. I understand. Go 7 ahead, sir. 8 BY MR. POPE: 9 Q What were you asked to do? 10 A I asked to serve two federal subpoenas on 11 Mr. Minton, along with several other documents, an 12 order to show cause an injunction and many other 13 documents. 14 Q Are you a licensed process server? 15 A Yes, I am. 16 Q In which jurisdiction? 17 A In Pinellas County and in Hillsborough 18 County. 19 Q All right. Now, where did you attempt this 20 service? 21 A On the street in Waterson Avenue along the 22 sidewalk. 23 Q All right. Would you describe how you began 24 the effort? 25 A Yes, I did. I came along the sidewalk. . 441 1 Mr. Minton was parking his vehicle and as I came to 2 the brake light of the vehicle, Mr. Minton and I made 3 eye contact in the rear view mirror and he swung open 4 his door on the left-hand side, the driver's door, and 5 jumped out and started shouting at me and threatened 6 that if I came within ten feet he would kill me and I 7 proceeded to follow him and telling him who I was and 8 what documents I had and he ran up the step to the 9 McPherson Trust Building and he ran inside and as I 10 was telling him, he pulled the door too and I slid the 11 documents into the door. After even he pulled the 12 door to -- he opened it back up and as I turned around 13 he chased after me shouting at me and threw the 14 documents at me. 15 Q What did you do thereafter, if anything? 16 A I walked away. 17 Q All right. Let me show you a videotape. 18 May I, Your Honor? 19 THE COURT: You may. 20 BY MR. POPE: 21 Q Can you identify that? 22 A Yes. This is the videotape of the incident. 23 Q Is it the incident that you were involved 24 in? 25 A Yes. . 442 1 Q Have you viewed it? 2 A Yes, I have. 3 Q Is it a true and accurate depiction of the 4 event you just testified to? 5 A Yes, it is. 6 MR. POPE: I offer it into evidence, 7 Your Honor. 8 THE COURT: Sir? 9 MR. MERRETT: I would object to 10 relevance. If everything she just said is 11 true, it doesn't constitute a violation of 12 any portion of the injunction. 13 MR. HOWIE: Your Honor, we join in this. 14 THE COURT: Thank you, sir. I'll allow 15 it in. Let's see where it goes. 16 MR. POPE: Okay. 17 THE COURT: Let me -- that will be your 18 number ten, I believe. 19 (Plaintiff's Exhibit Ten was marked and 20 admitted into evidence.) 21 MR. POPE: May I publish this? 22 THE COURT: Yes. 23 MR. MERRETT: Your Honor, before that is 24 published I would ask you again that opposing 25 counsel be permitted to cross-examine the . 443 1 witness before he refreshes the recollection 2 by watching the video. 3 THE COURT: Okay. We'll go that way and 4 Mr. Howie. 5 MR. HOWIE: Your Honor, since this 6 pertains to Mr. Minton, I'll go first. 7 THE COURT: You may. 8 CROSS-EXAMINATION 9 BY MR. HOWIE: 10 Q Ma'am, how did you know that Mr. Minton was 11 going to be there at that particular time? 12 A I didn't. 13 Q You waited for him on the sidewalk? 14 A Yes, I waited for him at the building; 15 around the area. 16 Q And you waited for how long? 17 A Probably 45 minutes. 18 Q Okay, and this was on the afternoon of 19 January 5? 20 A Yes. 21 Q And so you knew Mr. Minton was in town? 22 A I was told he was in town. 23 Q All right. You were also told that he was 24 arriving in town on that day from the airport, were 25 you not? . 444 1 A No. 2 Q All right. You were not told he was coming 3 from the airport at that time? 4 A No. 5 Q You were simply told that you could expect 6 that he would arrive sometime that afternoon? 7 A Correct. 8 Q And who told you this? 9 A I believe it was Joyce from the Church. 10 Q By what means were you told this? 11 A Verbally. 12 Q On the phone or personally? 13 A Personally. 14 Q This was when you were supplied the papers 15 to be served? 16 A Yes. 17 Q All right. And you reviewed those papers, 18 did you not? 19 A Yes. 20 Q As a matter of fact, as a process server 21 it's your responsibility to know what papers you are 22 serving? 23 A Correct. 24 Q So that you can make out an affidavit saying 25 this paper, this paper, and this paper were served? . 445 1 A Correct. 2 Q In fact, you provided an affidavit to that 3 effect? 4 A Correct. 5 Q Now, you say that Mr. Minton pulled up in a 6 car. Were you seated in a car when he pulled up? 7 A No. 8 Q Where were you at physically when he pulled 9 up? 10 A I was several feet away. I was by one of 11 the doorways along side of the Watterson Avenue. 12 Q All right. Of the Clearwater Bank Building? 13 A Yes. 14 Q And that's where you waited for 45 minutes? 15 A No, I waited all the way around. I waited 16 in the front of the building, on the side of the 17 building. I moved. 18 Q Now, you indicated that Mr. Minton saw you 19 while he was still parked or still seated in his car 20 through rear view mirrors? 21 A Right. 22 Q And at that point he exited from the car and 23 your testimony is that he threatened to kill you? 24 A Correct. 25 Q And he used the pronoun "you"? . 446 1 A No. Well, I believe it was -- my 2 recollection it was "you". Let me think. It happened 3 so fast. If you come within ten feet of me I will 4 kill -- um, you guys. It could have been "you guys". 5 Q Okay. 6 A I can't recall the exact words. It happened 7 to fast. 8 Q Didn't he in fact say you come within ten 9 feet of me and you guys are going to get killed? 10 A Could very well be. 11 Q How many times did you get a chance to 12 review this videotape that we're about to play? 13 A Once. 14 Q And when did you review that? 15 A At the time of -- just shortly after it 16 happened. 17 Q So, you have not reviewed this videotape for 18 a little over a month, five weeks? 19 A Um, no, I correct that. Sorry. I saw it on 20 Saturday afternoon; Saturday afternoon in the 21 courtroom. 22 Q All right. By Saturday afternoon in the 23 courtroom, you mean just two days ago? 24 A Correct. 25 Q Now, you indicated in your testimony that . 447 1 after he said come within ten feet of me you guys are 2 going to get killed, didn't he in fact turn and walk 3 away from you? 4 A He was running from me, correct. 5 Q He was running from you? 6 A Yes. 7 Q And didn't you in fact have to run or trot 8 after him? 9 A Yes. 10 Q In order to catch up with him at the door? 11 A Yes, I did. 12 Q And when you got to the door he was trying 13 to close the door on you, correct? 14 A Correct. 15 Q But the door was still open enough that you 16 were able to get the papers through the door? 17 A Correct. 18 Q All right. Now, at that point you turned 19 around and walked away? 20 A Correct. 21 Q All right. And you had your back to 22 Mr. Minton as you walked away? 23 A Correct. 24 Q That is you didn't walk backwards or turn 25 around and face him. You simply walked away? . 448 1 A Correct. 2 Q And as you were walking away, you made an 3 announcement, he has been served? 4 A Correct. 5 Q Now, is there some tradition or custom or 6 legal requirement that a process server upon serving 7 papers has to announce out loud that you have been 8 served or he has been served? 9 A Not that I know of, but I had told 10 Mr. Minton he was served. The "he has been served" 11 was addressed to my husband that I was facing. 12 Q And for purposes of the record, your 13 husband's name is? 14 A Greg Colton. 15 Q Okay. Where was Mr. Colton? 16 A In front of me. 17 Q Okay. Was he operating to video camera? 18 A Yes, he was. 19 Q Were there any other video cameras aimed in 20 your general direction at that time? 21 A Not that I know of. 22 Q The videotape that we're about to see was in 23 fact viewed by your husband, Mr. Colton? 24 A Yes, it was. 25 Q Concerning the statement, "He has been . 449 1 served" were you present in the courtroom when 2 Mr. Kronschnabl, I believe on Saturday, testified that 3 he made the same statement out loud after serving Jeff 4 Jacobsen at the Lisa McPherson Trust Building? 5 A Yes, I was. 6 Q And, again, it's your testimony that it's 7 not traditional, customary or legal obligation that a 8 process server announce out loud he has been served? 9 A Not in that terminology. You usually, when 10 you are addressing the individual and telling them 11 what you are serving them with, you are telling them 12 that you are being served so you don't have to make 13 the statement that you're served. 14 Q All right. So your statement was really for 15 the benefit of your husband and for the videotape that 16 he was making, correct? 17 A Correct. 18 Q Now, you say that you were walking away, you 19 were facing the cameras and you were facing your 20 husband when you make the statement, correct? 21 A Correct. 22 Q And in the meantime it's your testimony that 23 Mr. Minton threw these papers at? 24 A Correct. 25 Q But your back was to Mr. Minton, correct? . 450 1 A Correct. 2 Q You did not see him throw the papers, did 3 you? 4 A No, I heard him as he was shouting at me to 5 get my ass out of there, I heard the papers come by my 6 head. 7 Q Come by your head? 8 A Yeah, come towards me. You could hear the 9 wind. The wind actually threw the papers. 10 Q You actually didn't see where the papers 11 went? 12 A No, not until I viewed the videotape. 13 Q And you didn't see which way he threw those 14 papers, did you? 15 A No. 16 Q Isn't it a fact that according to the 17 videotape, Mr. Minton didn't throw them in your 18 direction, in fact he threw them straight down on the 19 sidewalk in front of him? 20 A No. 21 Q That's not your testimony? 22 A No, that's not my testimony. 23 Q And you viewed this videotape? 24 A Correct. I would say the wind blew them. 25 Because they were bunched together, the wind actually . 451 1 blew them. It was quite a windy day. 2 Q All right. So it's you're testimony that 3 when we see this videotape it will clearly show 4 Mr. Minton throwing the papers at you and not just 5 down on the sidewalk? 6 A Yes. 7 Q And it's further your testimony that the 8 only reason you know this is because you, yourself, 9 saw the videotape? 10 A Correct, and the fact that he was getting 11 louder so I know he was approaching me when he was 12 shouting at me. 13 Q All right. So, it was your impression that 14 he was approaching you? 15 A Correct. 16 Q And the videotape will show him approaching 17 you, following you? 18 A Yes. 19 Q As you walked away southbound on Watterson 20 on the sidewalk? 21 A He stopped when I came along side my 22 husband, passed my husband when he saw the video 23 camera. 24 Q At any time, whether on or off the video did 25 you eventually turn around and face Mr. Minton and . 452 1 observe what he was doing? 2 A Yes. 3 Q Okay. At what point did you do that? 4 A When I passed my husband. 5 Q All right. So once you were off camera you 6 turned around and you faced Mr. Minton? 7 A Correct. 8 Q By that time wasn't he heading back into the 9 Lisa McPherson Trust Building? 10 A Yes, he was. 11 Q Now, in fact, other than what you've 12 testified to, Mr. Minton made no aggressive moves 13 towards you or your person, did he? 14 A Not if you discount the threat and vulgar 15 language, no. 16 Q All right. And, in fact, he never touched 17 you or had physical contact with you in any way, did 18 he? 19 A No. 20 MR. HOWIE: Thank you. I don't have any 21 further questions. 22 THE COURT: Mr. Merrett. 23 CROSS-EXAMINATION 24 BY MR. MERRETT: 25 Q Thank you, Your Honor. Who is it that told . 453 1 you that rather than saying word-for-word what 2 Mr. Minton says on the tape you were to say he said I 3 will kill you. 4 A I'm sorry, I don't understand. 5 Q Okay. You testified initially on direct 6 examination twice and then again on cross-examination 7 that Mr. Minton said if you get within ten feet of me 8 I will kill you. That's what you testified to. Why 9 did you say that? 10 A I don't thing I said "I". I thought I said 11 he will kill me. I misquoted the quote. I'm sorry. 12 Q Okay. We'll "he" is just as good. 13 A Okay. 14 Q That's obviously not what's on the 15 videotape, right? 16 A No. 17 Q Why did you testify to a quote that's 18 inaccurate? 19 MR. POPE: Your Honor, I believe he's 20 treading into the arguing with the witness 21 realm. He ought not do that. 22 He can certainly examine the witness as 23 to what she said and we can compare it to 24 what's on the tape and he can argue all day 25 long that she misspoke, but he can't stand . 454 1 up here and argue with her like this. 2 THE COURT: I understand. Counsel, if 3 you would. 4 MR. MERRETT: I'll rephrase the 5 question. 6 THE COURT: Please. Thank you, sir. 7 BY MR. MERRETT: 8 Q The question is this. You know that what he 9 actually said was if you guys get within ten feet of 10 me you are going to get killed, correct? 11 A No. 12 Q You don't know that? 13 A Well, my memory misspoke. If you would like 14 me to read from my affidavit when it was fresh in my 15 memory, I'd be happy to read the quote for you. 16 Q Okay. This is not something that you 17 bothered to do before coming in here to testify in a 18 criminal case? 19 A I reviewed my affidavit. I didn't memorize 20 my affidavit. 21 Q Okay. And you understand of course that 22 there is a significant difference between somebody 23 saying I will kill you and you're going to get killed? 24 A No, I consider that a threat. 25 Q Okay. So, if somebody says don't play in . 455 1 the street, you're going to get killed, that's a 2 threat? 3 MR. POPE: Excuse me, Your Honor. He's 4 arguing again with the witness. 5 THE COURT: Yeah, now that -- please, 6 let's don't -- 7 MR. MERRETT: Let me rephrase it. 8 THE COURT: Reserve your arguments for 9 closing. 10 BY MR. MERRETT: 11 Q I will. Let me ask you this. Do you see a 12 difference between these two statements: Don't go out 13 in the street or you're get killed, that's one 14 statement. The second statement is don't go out in 15 the street or I'll kill you. Do see a difference 16 between those two statements? 17 A Yes, I do. 18 Q Okay. But the statement you elected to 19 testify to in this case was I will kill you? 20 A That's what I already said. It wasn't that 21 I elevated to. It's my memory misquoted. 22 Q Now, when you initially became involved with 23 Scientology and people affiliated with the Lisa 24 McPherson Trust, that was back in July, correct? 25 A Correct. . 456 1 Q And your initial briefing and instruction 2 was by Helena Kobrin; is that correct? 3 A Some of it, yes. 4 Q And Ms. Kobrin is a partner in the firm of 5 Moxon and Kobrin, correct? 6 A I don't know her -- 7 Q She's one of Scientology's lawyers, right? 8 A Okay. Yes, I believe so. 9 Q Okay. And the subpoenas that you testified 10 that you had along with the order to show cause were 11 subpoenas, at least one of them was in the wrongful 12 death case against Scientology involving Lisa 13 McPherson, right? 14 A I'd have to review my affidavit. I listed 15 all of the documents in my affidavit. 16 Q Okay. 17 A There were a lot of documents that day. I 18 had several of them. 19 Q Okay. Where is your affidavit? 20 A Um, I don't have a copy of it with me. 21 Q What cases were these documents in? 22 A If I can review my affidavit I'll be happy 23 to tell you. 24 Q Okay, so you're telling me that you don't 25 know what you were serving on him? . 457 1 A I served a lot of documents. There were a 2 multitude of documents and I wrote them down at the 3 time so that I could list them. 4 Q There were a number of them in other cases, 5 correct? 6 A Correct. 7 Q Okay. In other cases involving Scientology, 8 correct? 9 A Correct. 10 Q In other cases involving Scientology in 11 which Scientology is represented by lawyers other than 12 Mr. Pope and Mr. Hertzberg, correct? 13 A I didn't check the attorneys that were 14 listed on the documents. 15 Q Okay. Isn't that part of your affidavit? 16 A No. 17 Q That you received direction from a 18 particular attorney? 19 A That I received the items, yes. I don't 20 have to check which lawyer is signed on the bottom of 21 the document. 22 Q What is Joyce's last name? 23 A To tell you the truth, I don't know it. 24 Q Was this the first time you ever had 25 communication with Joyce? . 458 1 A No. 2 Q When had you previously talked to her? 3 A Probably a month ago. 4 Q What was that about? 5 MR. POPE: Excuse me, Your Honor. I 6 think we're getting into a discovery 7 deposition here. He's supposed to be 8 cross-examining the witness on an event that 9 she testified to. This is far field. 10 THE COURT: Mr. Merrett. 11 MR. MERRETT: Your Honor, she testified 12 that she talked to Joyce, receiving 13 information, advanced information about the 14 whereabouts of Mr. Minton. 15 THE COURT: Proceed. 16 BY MR. MERRETT: 17 Q What did you talk to her about when you 18 talked to her a month before? 19 A I couldn't tell you. I have a lot of 20 conversations. 21 Q At what location did you talk to her on 22 January 5? 23 A On January 5, at the Bank of Clearwater 24 Building. 25 Q In the building or outside? . 459 1 A Inside the building. 2 Q And she is the person who delivered to you 3 all the papers that were to be served? 4 A No. 5 Q What papers did she deliver to you? 6 A She didn't deliver any papers to me. 7 Q Who delivered the papers to you? 8 A Judy did. 9 Q Judy Ross? 10 A Yes. 11 Q When was that? 12 A Shortly after. 13 Q Shortly after you talked to Joyce? 14 A Correct. 15 Q Okay. And Joyce, you met where with Joyce 16 at what time? 17 A I don't remember the exact time; just when I 18 arrived. I didn't have a specific meeting time. 19 Q Where did you meet with Ms. Ross? 20 A Inside the building. 21 Q Same building? 22 A Yes. 23 Q Okay. Did you meet with Ms. Ross 24 immediately after meeting with Joyce? 25 A Yes. . 460 1 Q And what exactly did Joyce tell you about 2 Mr. Minton's whereabouts? 3 A They didn't tell me anything about his 4 whereabouts, just that he was expected at the Lisa 5 McPherson Trust Building. 6 Q When? 7 A No, there was no time. Sometimes I waited 8 for staff members for eight hours, sometime 15 9 minutes. 10 Q How long was this meeting with Joyce before 11 Mr. Minton actually arrived? 12 A Probably eight minutes, five minutes. 13 Q So you talked with Joyce. She told you 14 Mr. Minton is expected at the Lisa McPherson Trust. 15 You went and talked to Judy Ross. She gave you the 16 documents, right? 17 A Uh-huh. 18 Q What information did she give along with the 19 documents? 20 A Nothing, just that she needed these to be 21 served. 22 Q And this was all of the documents that you 23 received? 24 A Correct. 25 Q And you walked out the door of the . 461 1 Clearwater Bank Building? 2 A No, I stopped to write down all of the 3 documents that were listed. 4 Q Okay. And in less than ten minutes you were 5 standing outside the Clearwater Bank Building and saw 6 Mr. Minton pull up? 7 A No, it was more than ten minutes because it 8 didn't take -- I mean I was there about 45 minutes, so 9 it took a few minutes. 10 Q Let's back up. Obviously we had some 11 confusion of an earlier question. I asked you how 12 long before Mr. Minton arrived at the Lisa McPherson 13 Trust Joyce told you that he was expected there? 14 A You asked me what time. You didn't say how 15 long before and I couldn't tell you the exact minute, 16 but -- 17 Q I understand that -- 18 A Approximately 45 minutes. 19 Q I didn't ask you to argue or lecture me. 20 How long before Mr. Minton arrived did you talk to a 21 Joyce? 22 A Approximately 45 minutes before. 23 Q So the five to eight minutes between the 24 time you talked to Joyce and the time you talked to 25 Ms. Ross? . 462 1 A Correct. 2 Q Okay. And so 45 minutes ahead of time 3 Scientology told you Mr. Minton was expected at the 4 Trust? 5 A Correct. 6 Q Okay. Now, you are already testified that 7 you were present during Mr. Kronschnabl's testimony? 8 A I believe for the whole -- I think he's only 9 testified once. 10 Q Can you tell the court why it is that you 11 didn't use the Kronschnabl Rule and just stand in the 12 hall at the LMT and wait? 13 MR. POPE: Your Honor, that's 14 argumentative. It serves no useful purpose. 15 There has not been any establishment of 16 anything called the Kronschnabl Rule. That's 17 just Mr. Merrett collapsing back into the 18 sarcastic mode. 19 THE COURT: Mr. Merrett, move on, sir. 20 BY MR. MERRETT: 21 Q Yes, sir. Well, you heard the testimony 22 that a process server has the right to be anywhere 23 that he wants to. Why didn't you just stand in the 24 hall of the Lisa McPherson Trust? 25 A Okay. I can go anywhere I need to to serve. . 463 1 The last time I served you in the McPherson Trust 2 Building, Stacy and several members chased me out 3 screaming and shouting at me, so it was a lot easier 4 to be on the outside to do it. 5 Q Okay. All right. But, of course, you knew 6 that Mr. Minton and Stacy weren't there, right? 7 A I had know idea who was there. 8 Q Except you knew Mr. Minton wasn't there 9 because Scientology had told you that he was going to 10 be arriving? 11 A Correct. 12 MR. MERRETT: Thank you. Nothing 13 further. 14 THE COURT: Mr. Pope, anything? 15 MR. POPE: Nothing Your Honor. 16 THE COURT: All right. And, yes, now 17 Mr. Pope, ready to proceed? 18 MR. POPE: I want to publish the tape. 19 THE COURT: Mr. Howie. 20 MR. HOWIE: Your Honor, at this time we 21 would object to publishing the tape and we 22 would move to strike the testimony as well as 23 the tape. 24 THE COURT: Grounds? 25 MR. HOWIE: Relevance, Your Honor. . 464 1 Nothing indicated here shows a violation of 2 any aspect of the injunction whatsoever. 3 THE COURT: Mr. Merrett. 4 MR. MERRETT: Your Honor, I would join 5 in that and point out that unless counsel is 6 going to quote us the portion of the 7 injunction that says that we're to be 8 stationary and polite when confronted by 9 process servers, this has been a waste of the 10 court's time and everybody else's. 11 THE COURT: Mr. Pope. 12 MR. POPE: Your Honor, the order to show 13 cause specifically has this as a ground in it 14 and furthermore contempt is defined in 15 Thompson versus State, 398 So. 2d. 514, 16 Second District Court of Appeal, 1981, as an 17 act which is calculated to embarrass, hinder 18 or obstruct a court in the administration of 19 justice or which is calculated to lessen its 20 authority or dignity. 21 These process servers are agents of the 22 court. They have been systematically 23 obstructed and this can be a contempt of 24 court. 25 MR. MERRETT: I'm sorry, was that a . 465 1 quote from the case, as well, Your Honor, 2 that evading process is contempt of court? 3 MR. POPE: I just quoted from the case, 4 Your Honor. 5 MR. MERRETT: My question, if the court 6 would ask Mr. Pope to clarify, how much of 7 that was a quote and how much of was Pope on 8 service of process. 9 MR. POPE: That was from the treatise, 10 Merrett on sarcasm, again. 11 THE COURT: All right, hand me up the 12 case, please, sir. 13 MR. POPE: I have others, as well, Your 14 Honor. 15 (Whereupon, documents were reviewed.) 16 All right. As to the issue facing the 17 court at this time, on the case of 18 Thompson v. State at 398 So. 2d. 541, it's a 19 Second DCA case, 1981. I'm going to allow 20 this in and allow it to proceed. You may 21 show the tape. 22 MR. MERRETT: Judge, I wonder if I could 23 get a look at that case? 24 THE COURT: Sure can. Come here. 25 MR. MERRETT: Thank you. And I would . 466 1 also, if I could ask one question of witness 2 before you do this? 3 THE COURT: Yes, sir, I'll tell you what 4 I'll be glad to do for you too, if you want. 5 Let me have my staff attorney make two copies 6 of that for you and then you can look at 7 that. 8 Mr. Brewster, come here just a minute, 9 would you please, sir. Hand that to him and 10 make copies of that for him. 11 MR. POPE: May I ask him to make a few 12 more copies of some other cases if we're 13 going reargue that? 14 THE COURT: Let's do that. We'll do it. 15 Go ahead and let him have those. 16 MR. POPE: I have one more here. I'm 17 sorry, I have a copy of Thompson versus State 18 for counsel. 19 THE COURT: Thank you. 20 MR. MERRETT: Judge, may I ask my 21 question? 22 THE COURT: Yeah, let's do that. while 23 he's making those copies go ahead and ask 24 your question. 25 . 467 1 CROSS-EXAMINATION 2 BY MR. MERRETT: 3 Q Is the Joyce, to whom you referred to, in 4 the courtroom? 5 A Yes, she is. 6 Q Is that her seated at the table over there? 7 A Yes, it is. 8 MR. MERRETT: Thank you. Your Honor, I 9 would ask that Joyce whoever she is be 10 instructed to remain available until the 11 conclusion of the proceeding to be called as 12 a witness? 13 THE COURT: She is present here in 14 court, has been identified and I would ask 15 that you be available for the call of the 16 court. All right. 17 Let's wait until you get a copy of that 18 case. While he's getting that, let me get a 19 couple things. I'll be right back. 20 (Whereupon, a pause in the proceedings took 21 place.) 22 After reviewing that one particular 23 case, any comment? 24 MR. MERRETT: No, Your Honor, except 25 that the only part that was a quote was the . 468 1 definition of the contempt. That's a case 2 that a party failed to appear for a hearing 3 as instructed. 4 The other things I need to point out and 5 I would ask the court to remedy post haste 6 is that Judy Ross, who is a defendant in a 7 matter which is pending before the court, 8 seems to have unilaterally excused herself 9 from attendance at court. 10 THE COURT: Mr. Pope. 11 MR. POPE: Your Honor, the case against 12 Judy Ross is over. You have it under 13 advisement. 14 THE COURT: I haven't made a ruling yet. 15 MR. MERRETT: Nor have we argued it. 16 THE COURT: Yeah, it hasn't been argued 17 or anything. Quite frankly, I just said 18 okay -- well, when I said under advisement I 19 guess I should have said it was continued. I 20 think there may be a misunderstanding here, 21 but haven't ruled on that at all. And I've 22 waited for the -- I guess I've waited is the 23 right word, waited for it to be argued as to 24 what we have there and in fact the problem I 25 have with that particular order to show cause . 469 1 unfortunately we've not gotten to Mr. Geiger 2 yet and he's been very patiently waiting out 3 in the hall and we've got to go back and 4 revisit that whole scene, so let me say that 5 if it's possible if we can have Ms. Ross back 6 here by this afternoon. 7 MR. POPE: We'll get her back. 8 THE COURT: Okay. All right, then can 9 we go ahead now and with this one based on 10 that case? 11 MR. POPE: I'm ready to publish the 12 tape. 13 THE COURT: All right. Mr. Merrett and 14 Mr. Howie, you want a continued objection for 15 the record? 16 MR. HOWIE: Yes, Your Honor. 17 MR. MERRETT: Yes, sir. 18 MR. HOWIE: Based on Thompson we feel 19 that this should be stricken because there is 20 no evidence, there is no relevance to 21 establish any kind of intent either through 22 this testimony or through the videotape. 23 THE COURT: Let me make sure -- did you 24 say contempt or intent? 25 MR. HOWIE: Intent, Your Honor. . 470 1 THE COURT: That's what I thought you 2 said. 3 MR. HOWIE: Requiring the element of 4 intent it's not relevant to prove all 5 elements of this and we would move to strike. 6 THE COURT: I understand, but I am going 7 to allow it in and we'll go from there. 8 Let's do same the thing we've don't in 9 the past. Go ahead and cock that around and 10 then you and I will step down and you can 11 have a seat on the front row. I'll sit down 12 there and then so that everybody can view 13 the tape. 14 (Whereupon, the videotape was played to the 15 court.) 16 THE COURT: Mr. Pope, can I get you to 17 run that again? I'm fast, but not that fast. 18 MR. POPE: All right. All right. It is 19 a brief episode, Your Honor. 20 (Whereupon, the videotape was played 21 again.) 22 THE COURT: Just a minute. All right. 23 In light of that, Mr. Merrett and Mr. Howie, 24 would you like to ask some questions? 25 Mr. Howie, you can go first, sir. . 471 1 MR. HOWIE: If I may. 2 THE COURT: Is it all right if she sits 3 here? 4 CROSS-EXAMINATION 5 BY MR. HOWIE: 6 Q Ma'am, you've had an opportunity to view the 7 videotape now for a third time. 8 A Right. Correct. 9 Q And in that paper -- in that video, you have 10 the papers in your left hand initially, correct? 11 A Yes. 12 Q Okay. And in fact you have the papers 13 hidden behind your left leg like this as you hold them 14 in your hand, correct? 15 A Correct. 16 Q And you have that in the position as you 17 approach Mr. Minton, correct? 18 A Correct. 19 Q And your reason for doing that was to keep 20 him from knowing you were trying to serve papers on 21 him, correct? 22 A Correct. 23 Q So that was your intent for putting the 24 papers behind your left leg as you approached him? 25 A Until I could get close enough to him to . 472 1 give them to him, correct. 2 Q And during that time while you have the 3 papers behind your left leg you noticed in the video 4 that he said the words, you guys get within ten feet 5 of me and you guys are going to get killed? 6 A Correct. 7 Q And then he turned and he ran from you? 8 A Correct. 9 Q And only then did you produce the papers out 10 from behind you, correct? 11 A Correct. Well, I had already announced that 12 I was a process server to him, so, yes, at the same 13 time I brought the documents out. 14 Q It's your recollection that you announced 15 that you were a process server? 16 A No, it should be on the tape quite clear. 17 Q You believe you heard those words on the 18 tape? 19 A Yeah. To tell the true there is so much 20 static I couldn't hear it, but I announced it before 21 as he's getting out of the car I announced that I'm a 22 process server. 23 Q All right. Now, at the time tail end of 24 that tape you saw the camera pan down and show the 25 papers on the sidewalk, correct? . 473 1 A Correct. 2 Q And in fact those papers are on the sidewalk 3 right next to the car where Mr. Minton was, correct? 4 A I don't remember which car was there. I 5 don't know if it was the car he got out of or the car 6 in front of him. 7 Q And the entrance where you saw Mr. Minton 8 come out of and where the papers ended up on the 9 sidewalk, that's the entrance to the Lisa McPherson 10 Trust, correct? 11 A Yes. 12 Q As far as you know all the papers that you 13 handed him ended up in that pile on sidewalk, didn't 14 they? 15 A I have no idea. 16 Q You didn't have a chance to -- 17 A I didn't touch them after they fell on the 18 floor. 19 Q How much longer did you remain in the 20 immediate vicinity in view of that area of Lisa 21 McPherson Trust? 22 A Probably five minutes while I reviewed the 23 tape and then walked off. 24 Q You actually reviewed this videotape with 25 your husband on the scene? . 474 1 A Right, through the screen. 2 Q And that was the one viewing of that tape 3 that you testified that earlier today? 4 A Correct. 5 MR. HOWIE: Thank you. I don't have any 6 further questions. 7 THE COURT: Mr. Merrett, sir. 8 CROSS-EXAMINATION 9 BY MR. MERRETT: 10 Q You were holding the papers behind your left 11 leg so that Mr. Minton would not see the papers and 12 know that that's what you were doing, correct? 13 A Right. 14 Q And as Mr. Minton came out of the driver's 15 side of his vehicle which was the side closest to the 16 sidewalk, you announced that you were a process 17 server? 18 A Correct. 19 Q Okay. 20 (Whereupon, the videotape was played.) 21 So right there with the papers still hidden 22 from him, you're announcing that you're a process 23 server? 24 A They're not actually hidden behind my leg. 25 They're at the side of me at the present time. . 475 1 Q Mr. Minton is still in the car, correct? 2 His leg is coming out of the car? 3 A Correct. 4 Q Your body is between him and the paper? 5 A Correct. 6 Q Okay. All right. So you're both holding 7 the papers away from him and telling him you're a 8 process server? 9 A I'm walking with my arms down beside me and 10 holding onto the papers. 11 Q So, apparently what the videotape shows us 12 is accurate. You only thought it necessary to conceal 13 the papers from him as long as he was in his car? 14 A Until I could get close enough to serve him, 15 correct. 16 Q Of the people visible in the videotape, 17 you're obviously the one closest to the camera, right? 18 A Correct. 19 Q So if we're able to hear anybody talking it 20 ought to be you, right? 21 A Correct. 22 MR. MERRETT: Okay. I don't have 23 anything further. 24 THE COURT: Mr. Pope, sir. 25 MR. POPE: Nothing, Your Honor. . 476 1 THE COURT: All right. May we excuse 2 this witness? 3 MR. POPE: Your Honor, as to this 4 episode we may excuse this witness as she is 5 a witness with respect to Mr. Henson and as I 6 recall there is still an open issue as to 7 whether Mr. Henson is going to excuse himself 8 for further participation or -- 9 THE COURT: I'll ask her to wait. We'll 10 address it later. I'm not going to excuse 11 her at this time. 12 MR. POPE: All right. 13 THE COURT: Ma'am, I'm going to ask you 14 to be available for the call of the court. 15 All right, you may call your next witness. 16 MR. POPE: Your Honor, I'm at the point 17 where I'm at the Henson allegations on my 18 amended consolidated order to show cause. 19 My next logical witness would be 20 Ms. Colton on the Henson matter. 21 THE COURT: Hold on. Let me get up to 22 the bench and deal with this, okay. 23 (Whereupon, a pause in the proceedings took 24 place.) 25 All right. We're ready to do the Henson . 477 1 matters and is Keith Henson present? 2 MR. HENSON: Yes, Your Honor. 3 THE COURT: Okay. Mr. Henson is 4 present. Sir, at this time they're going to 5 take up the show cause allegations in regards 6 to you and I want the record to reflect he is 7 present and let's for the record establish 8 Mr. Merrett, you represent him? 9 MR. MERRETT: I do, Your Honor. 10 THE COURT: Okay. You can, Mr. Henson, 11 you can sit there if you want or you can come 12 up to the front row so you can see better. 13 However you would like to do it, or I'll tell 14 you what, if you so want -- Mr. Bailiff, 15 let's put a chair there over there by 16 Mr. Merrett at this right arm. 17 MR. POPE: Your Honor, it was my 18 understanding that the issue of whether 19 Mr. Henson wanted to excuse himself from 20 further personal appearance was to be 21 decided. Do I understand that he has decided 22 to stay for the proceedings and not excuse 23 himself's. 24 THE COURT: Well, let me do this. 25 Mr. Henson is present in court today and . 478 1 Mr. Merrett has said that he does represent 2 him and I given Mr. Henson an opportunity to 3 sit next to his counsel at defendant's table 4 and Mr. Henson, if -- I will take it from 5 your physical appearance here today you do 6 intend to be present when these allegations 7 made in court here. You're here and you're 8 participating, right? 9 THE DEFENDANT: I have not been released 10 yet, Your Honor. 11 THE COURT: Well, let's do this. I'll 12 release you. Now what you going to do? 13 MR. MERRETT: Your Honor, he's going to 14 remain at least through the reception of 15 evidence. 16 THE COURT: Okay. Well, let me receive 17 the evidence, okay, and then I want to get on 18 the record if he elects not to be here when 19 the court announces its decision, I need that 20 on the record to be sure he's appearing 21 voluntarily making that decision. 22 MR. MERRETT: Yes, sir. 23 THE COURT: Okay. All right. Mr. Pope, 24 you may proceed, sir. 25 MR. POPE: Recall Lindsey Colton. . 479 1 THE COURT: Ma'am, come back up and take 2 the seat in the witness stand and again, 3 you're under oath and we'll go from there. 4 DIRECT EXAMINATION 5 BY MR. POPE: 6 Q Ms. Colton, I direct your attention to 7 December 1, 2000. Were you on that day asked to serve 8 a paper on Keith Henson? 9 A Yes, I was. 10 Q And what were you asked to serve on him? 11 A An injunction, Injunction Number Two. 12 Q Okay. Would you describe your efforts to do 13 that? 14 A Certainly. In the morning I was at the 15 Clearwater Bank Building and standing outside the 16 building where Mr. Henson had a video camera and was 17 handing out pamphlets and he spoke to me and offered 18 me a pamphlet. 19 I didn't know at the time who he was. Then 20 I was told to accept the injunction, that they had the 21 injunctions ready. 22 I took a bunch of injunctions and I was 23 instructed that Keith Henson was to be served. And I 24 was then -- he was then identified to me. 25 I followed -- walked in front of the bank . 480 1 building and walked down to the Ft. Harrison Hotel 2 where he had gone to and he was walking in front of 3 the Ft. Harrison on the sidewalk right directly in 4 front of the Ft. Harrison Hotel with a placard and was 5 demonstrating right in front of the hotel. 6 Q On the east side of Ft. Harrison? 7 A Correct. 8 Q I'm sorry, the west side of Ft. Harrison. 9 Not the construction site? 10 A Right. 11 Q Directly in front of the -- 12 A Directly in front of the hotel. 13 THE COURT: What was the date? What was 14 this date? 15 MS. COLTON: This was January -- I'm 16 sorry, December 2. 17 THE COURT: Okay. 18 BY MR. POPE: 19 Q Was it December 2 or December 1? 20 MR. MERRETT: Objection. Counsel has no 21 right to chance the answer because he didn't 22 like it. 23 MS. COLTON: I'm sorry. 24 THE COURT: Hold on. Hold on. 25 MR. MERRETT: The witness has testified. . 481 1 MS. COLTON: I apologize. I was just, 2 since talking about the January date with 3 Mr. Minton I got the confused. 4 BY MR. POPE: 5 Q Tell us the date to the best of your 6 recollection? 7 A The best of my recollection it was the first 8 of December. 9 Q 2000? 10 A 2000. 11 Q All right. Proceed with what you did? 12 A I proceeded down to the hotel and I came 13 along side, came towards him and had the injunction in 14 my hand which has a dark blue cover and it was quite 15 obvious what I had in my hand. He saw it, turned and 16 saw it and started shouting that you have to stay ten 17 feet away from me. 18 I explained to him that I was a process 19 server, that I had a copy on the injunction that I 20 needed to give him and he ran backwards from me 21 avoiding my coming up close to him telling me you have 22 to stay ten feet, you have to stay ten feet. 23 I told him at the time that you obviously 24 know what this is if you can tell me that I have to 25 stay ten feet away that you knew what I had in my hand . 482 1 and he started to laugh and ran across Ft. Harrison 2 through the traffic to the other side of the road to 3 avoid me getting close enough to give him a copy. 4 At that time I followed him across the road, 5 again trying to give him the copy and he was still 6 shouting that I had to stay away from him and he was 7 laughing. 8 When I got back across the road he ran back 9 towards the hotel, but as he turned I threw the 10 document down to his feet and he ran across the road 11 to the hotel. 12 Q Was that the conclusion of your effort to 13 serve him? 14 A It was. 15 Q Now, thereafter on that same day did you 16 observe him picketing near the Ft. Harrison? 17 A Yes. 18 Q What did you observe? 19 A Several times. I stayed in the area of the 20 Ft. Harrison Hotel and several times he came back 21 right in front of the hotel picketing. He would be 22 there for 30 minutes to an hour. Then he would come 23 back still the same picketing. 24 Q You mentioned that when you first 25 encountered him over near the Bank of Clearwater . 483 1 Building that he handed you a pamphlet? 2 A Correct. 3 Q What was that? 4 A It was a McPherson Trust pamphlet against 5 Scientology. 6 Q All right. Now, did you also encounter him 7 picketing or observe him picketing in the vicinity of 8 the Coachman Building? 9 A Yes, I did. 10 Q Would you describe that? 11 A He would leave the Ft. Harrison Hotel and 12 cross the street and go to the Coachman. Then he 13 would walk back down and come back in front of the 14 hotel. 15 He would walk with his picket clearly in the 16 driveways of the Coachman area, parking lot area and 17 almost every area that he wasn't supposed to be 18 because he said the injunction didn't affect him. He 19 hadn't been served. He considered himself not being 20 served and therefore it didn't affect him. 21 MR. POPE: I have no further questions. 22 THE COURT: Okay. Again. on this, let's 23 go this way. Mr. Merrett. 24 25 . 484 1 CROSS-EXAMINATION 2 BY MR. MERRETT: 3 Q Thank you, Your Honor. Ma'am, the pamphlet 4 that he handed you was actually a Xenu pamphlet, 5 wasn't it. It said Xenu and the Space Aliens on it, 6 didn't it? 7 A To tell you the truth, I haven't looked at 8 it since. It's a beige pamphlet. 9 Q Okay. 10 A Beige in color. 11 Q And what was the text; what was the material 12 inside it? 13 A He explained to me it was information I 14 should know against the Scientologists. 15 Q Did it explain what Scientology was about? 16 A I believe so. 17 Q Told the story about Xenu the Galactic 18 Overlord and that? 19 A We didn't get a chance to converse that 20 long. He just handed it to me and that was it. 21 Q All right. And tell me anything that you 22 remember about the pamphlet? 23 A Just the color and the size and what he said 24 it was. 25 Q Was there a picture on it? . 485 1 A Not that I believe so, no. 2 Q Okay. Now, who identified Mr. Henson to 3 you? 4 A I believe it was Antonio. 5 Q Okay. Antonio Avila? 6 A Yes. 7 Q And who told you to serve Mr. Henson? 8 A I don't remember. 9 Q Where were you told? 10 A In the Bank of Clearwater Building. 11 Q Was it Mr. Shaw who told you? 12 A No. 13 Q Was it Joyce? 14 A No. 15 Q Ms. Ross? 16 A No. 17 Q Mike Render? 18 A I don't know who he was. 19 Q David Miscavige? 20 A I don't know who he is. 21 Q And you don't know who told you that he was 22 to be served? 23 A I can't remember. I was given several 24 injunctions so I had to serve several people. I don't 25 remember who picked Mr. Henson or named Mr. Henson. . 486 1 Q All right. Now you testified the first time 2 that Mr. Pope asked you about it that these events 3 occurred on December 2, correct? 4 A Correct. 5 Q And after Mr. Pope asked you a question you 6 pointed out, if I understand correctly, that you were 7 confused because you had just been testifying about 8 Mr. Minton in January? 9 A In January. 10 Q Okay. So what you're telling the court is 11 the reason that you said it happened on December 2 was 12 because you had January 5 on your mind? 13 A I wasn't thinking the date correctly, 14 correct. 15 Q Okay. So January 5 makes you think 16 December 2? 17 A No. I was -- yeah, I guess you can put it 18 that way. 19 Q Okay. What time did you serve Mr. Henson? 20 A I'll have to review my affidavit. 21 Q Okay. About what time? 22 A It was approximately 10:30 in the morning. 23 Q Okay. And why did you remain around the 24 Ft. Harrison after serving Mr. Henson? 25 A To issue other injunctions. . 487 1 Q Okay. Were you also engaging in videotaping 2 and surveillance activities at that time? 3 A Yes. Not in the beginning, no. I was I 4 think later on in the afternoon. 5 Q At whose instruction did you do that? 6 A Um, I don't remember. 7 Q Someone in the Clearwater Bank Building, 8 correct, or in the Coachman Building? 9 A I believe it would be someone in the bank 10 building. 11 Q Okay. And you said that Mr. Henson had a 12 placard and a picket sign. What did the picket sign 13 say? 14 A I don't remember. 15 Q You don't know? 16 A I don't remember. 17 MR. MERRETT: Okay. I don't have 18 anything further, Your Honor. 19 THE COURT: Mr. Howie. 20 MR. HOWIE: May it please the court. 21 THE COURT: Please, sir. 22 CROSS-EXAMINATION 23 BY MR. HOWIE: 24 Q Ma'am, concerning this pamphlet that you're 25 saying Mr. Henson has, where is it now? . 488 1 A It's -- I believe I gave it to someone at 2 the Church of Scientology. 3 Q All right. Do you recall who? 4 A I may have given it to Joyce. 5 Q Okay. Again, that's the same Joyce who 6 directed you in the service of Mr. Minton? 7 A I don't know -- oh, I'm sorry. No. No, it 8 wasn't Joyce that asked me to serve Mr. Minton. It 9 was Judy. 10 Q Okay. But It was Joyce who directed you 11 that Mr. Minton would appear that day, wasn't it? 12 A Correct. 13 Q All right. That's the same Joyce we're 14 talking about? 15 A Correct. 16 Q Do you know what became of that pamphlet? 17 A No idea. 18 Q Have you seen it since? 19 A No. 20 Q All right. Did you completely review the 21 entire pamphlet from front to back? 22 A No, I didn't. 23 Q You didn't read the entire contents of it? 24 A No. I was too busy. 25 Q You've identified it as a Lisa McPherson . 489 1 Trust pamphlet, correct? 2 A I'm sorry? 3 Q You have identified it as a Lisa McPherson 4 Trust pamphlet, correct? 5 A Correct. 6 Q What was it on the face of the pamphlet that 7 caused you to believe it was a Lisa McPherson Trust 8 pamphlet? 9 A Because Mr. Henson came from Lisa McPherson 10 Trust Building. 11 Q Let me clarify my question. What was in the 12 pamphlet itself that indicated it was from the Lisa 13 McPherson Trust? 14 A Nothing that I know of. 15 Q And you are unable to present that pamphlet 16 now? 17 A Correct. 18 Q Or any copies of it? 19 A Correct. 20 Q And to the best of your knowledge you don't 21 know who has it? 22 A Correct. 23 MR. HOWIE: I have no further questions 24 of this witness. Your Honor, at this time I 25 would move to strike any testimony concerning . 490 1 the pamphlet. 2 I will do so on the grounds of both 3 relevance and hearsay. The relevancy 4 objection is based on the fact that we can't 5 establish that this in fact was a pamphlet 6 from the Lisa McPherson Trust and therefore 7 any testimony pertaining to it is 8 irrelevant. 9 Also on the grounds of hearsay, the 10 allegation that it came from the Lisa 11 McPherson Trust is in fact a hearsay 12 statement. It's allegedly based on the 13 contents of the brochure and there is no 14 exception to that. It doesn't fall under 15 admission by party opponent because in fact 16 it cannot be ascribed to the Lisa McPherson 17 Trust. 18 MR. POPE: Your Honor, I'll save you 19 some work. 20 THE COURT: Wait a minute. Let me see 21 if Mr. Merrett wants to say anything. 22 MR. POPE: I agree. I agree. I'm not 23 going to fight them on it. 24 THE COURT: Thank you. Okay. I wasn't 25 trying to cut you off. . 491 1 MR. POPE: I was just trying to save you 2 a little time. 3 THE COURT: I'll accept that. Okay. 4 Let's move on. 5 MR. HOWIE: Nothing further from me, 6 Your Honor. 7 THE COURT: Mr. Pope. 8 MR. POPE: Nothing further from this 9 witness, Your Honor. We do not have a video 10 in connection with this witness. 11 THE COURT: Can she now be excused or 12 subject to recall of the court? 13 MR. MERRETT: Subject to recall if you 14 please, Your Honor. 15 THE COURT: Okay, ma'am. I'm going to 16 have to ask you to stick around subject to 17 recall of the court. You may step down and 18 have a seat back out there. 19 Ladies and gentlemen, we've been in here 20 going an hour. Let's take a ten minute -- 21 make it a 15 minute break and then we will 22 come back and pick it up from there. Thank 23 you. All right. 24 (Thereupon, a short recess was taken, after 25 which the proceedings continued.) . 492 1 THE COURT: Next. 2 MR. POPE: Call Steve Bellavigna. 3 THE COURT: Please come forward, sir. 4 Thereupon: 5 STEVE BELLAVIGNA 6 was called as a witness and having been duly sworn, was 7 examined and testified as follows: 8 DIRECT EXAMINATION 9 BY MR. POPE: 10 Q Tell us your name, please, sir? 11 A Steve Bellavigna. 12 Q And your address? 13 A 592 130th Avenue North, St. Petersburg, 14 Florida. 15 Q Okay. 16 THE COURT: Just a minute. 17 Mr. Bellavigna, please spell that last name? 18 THE WITNESS: B-E-L-L-A-V-I-G-N-A. 19 THE COURT: Thank you, sir. 20 BY MR. POPE: 21 Q Your occupation, Mr. Bellavigna? 22 A Private investigator. 23 Q Call your attention to December 1, 2000. 24 Did you on that day make any observations with respect 25 to Mr. Keith Henson in the proximity of the . 493 1 Ft. Harrison Hotel? 2 A Yes, Mr. Henson was picketing with several 3 other teenagers. 4 Q Several teenagers? 5 A Yes, several unidentified teenagers. 6 Q And where was he picketing? 7 A In front of the Ft. Harrison building on 8 Ft. Harrison. 9 Q On the west side of Ft. Harrison? 10 A Correct. 11 Q And did they ultimately move to some other 12 area? 13 A Yes, they went from the west side they moved 14 along side to Pierce Street on the other side of 15 Ft. Harrison. 16 Q What time of day was this? 17 A Approximately about 4:00 PM. 18 Q All right. What did you do when they were 19 moving over onto the Pierce Street side of the 20 Ft. Harrison? 21 A At that time I relieved -- I was taking a 22 video at the time on the picketers. At that time I 23 gave my video camera over to Greg Colton, my 24 associate, and I proceeded to walk over across the 25 street and serve Mr. Henson Injunction Number Two. . 494 1 Q All right. What was his response to that? 2 A He refused to accept it. He said that I 3 don't -- this doesn't apply to me. I'm not going to 4 take it. I refuse to take it. 5 Q What did you do with it? 6 A At that time I said well, you're going to be 7 served, I said, so I just dropped it at his feet which 8 is a good service and that was -- 9 MR. MERRETT: I'll object and move to 10 strike the legal conclusion. 11 MR. POPE: Your Honor, I'll agree that 12 you can -- 13 THE COURT: Okay. Lay a predicate. I 14 don't care. 15 MR. POPE: That's fine. 16 THE COURT: Sustained. 17 BY MR. POPE: 18 Q Was that the conclusion of the matter? 19 A Yes. 20 MR. POPE: All right. I have no further 21 questions. 22 THE COURT: All right. Mr. Merrett. 23 CROSS-EXAMINATION 24 BY MR. MERRETT: 25 Q Why did you serve Keith Henson? . 495 1 A When did I serve him? 2 Q Why? 3 A Because he was picketing in front of the 4 building. 5 Q Did anyone specifically instruct you to 6 serve Keith Henson? 7 A Mr. Colton. 8 Q Anybody else? 9 A No. 10 Q And did Mr. Colton give you a reason for 11 serving him? 12 A Yes, because he was apparently violating the 13 injunction that was on the papers we were serving. 14 Q So you were to serve him because he was 15 violating the injunction? 16 A Correct. 17 Q And what you were to serve him with was the 18 injunction? 19 A Correct. 20 Q Okay. Now, you also served two or three of 21 those teenagers, didn't you? 22 A Yes, we also gave them a copy of it, yes. 23 Q Why did you serve them? 24 A To inform them of what they were doing. 25 Q What do mean inform them of what they were . 496 1 doing? 2 A To inform them that they were picketing in a 3 place where they shouldn't have been. 4 Q Okay. And these -- you don't know who they 5 are to this day, right? 6 A The teenagers, no, I don't. 7 Q Okay. And in fact one of them said 8 something about showing the injunction to their bible 9 teacher, didn't they? 10 A Yes, he mentioned that, yes, he did. 11 Q And who instructed you to serve these 12 unknown teenagers? 13 A Um, myself. 14 Q Okay. Your instructions generally were to 15 serve anybody that you saw with a picket sign around 16 Scientology property, correct? 17 A That's correct. 18 Q That's why you served Mr. Henson and that's 19 why you served these teenagers, right? 20 A Yes. 21 Q Okay. When Mr. Henson declined to accept 22 service of the injunction, he told you that one of the 23 reasons he wasn't taking it is because he wasn't named 24 in it, right? 25 A From my recollection that could be, very . 497 1 well be, but I'm not positive on that point now. 2 Q And on whose instruction were you 3 videotaping picketers? 4 A The instruction of the Church of 5 Scientology. 6 Q Okay. I'm assuming the Church used bodies 7 to convey that information. Whose body did they use? 8 A Who conveyed that information? 9 Q Yes. 10 A I had my information from my associate, Greg 11 Colton. 12 Q And where did he have his information from? 13 A I don't know. 14 Q Okay. So your instructions were to 15 videotape all picketers? 16 A Correct. 17 Q Okay. Were you assigned to any 18 particular -- let me back up. When you were at the 19 Ft. Harrison at the time we're talking about, had you 20 been directed to go to a particular property or did 21 that just happen to be where you were in the course of 22 moving around that day? 23 A Exactly. 24 Q Okay. And so that we're clear on this, have 25 you seen the map that the court put together that . 498 1 accompanied the injunction? 2 A Yes, I have. 3 Q Okay. And you know what is meant by an 4 orange area? 5 A Yes, I do. 6 Q Okay. And at the time that you served 7 Mr. Henson or attempted to serve him and these other 8 people, they were an orange area, right? 9 A That's correct. 10 Q Okay. And you were in an orange area, 11 correct? 12 A That is correct. 13 Q You were at that time being paid an hourly 14 wage for your work? 15 A Yes, sir. 16 Q And your work was being conducted on behalf 17 of Scientology, correct? 18 A Correct. 19 MR. MERRETT: I have nothing further. 20 THE COURT: Mr. Howie. 21 MR. HOWIE: I have no questions, Your 22 Honor. 23 THE COURT: Mr. Pope. 24 MR. POPE: Nothing further, Your Honor. 25 THE COURT: All right. Sir, I thank you . 499 1 very much. Is he free to leave? 2 MR. POPE: He is. 3 MR. MERRETT: Yes, sir. 4 THE COURT: Okay. You're free to leave. 5 Thank you very much for coming and 6 testifying. 7 Mr. Pope, call your next witness. 8 MR. POPE: Call Antonio Avila. 9 THE COURT: Antonio Avila. Sir, you're 10 continued under the same oath that I placed 11 you under yesterday. 12 DIRECT EXAMINATION 13 BY MR. POPE: 14 Q Tell us your name? 15 A Antonio Avila. 16 Q Occupation? 17 A Security guard for the Church of Scientology 18 Flag Service Organization. 19 MR. POPE: May I approach the witness? 20 THE COURT: You, may sir. 21 BY MR. POPE: 22 Q Mr. Avila, I am showing you a photograph. 23 Can you identify that? 24 A Yes, sir. This is Robert Minton and Keith 25 Hensen. Robert Minton is giving money to Keith . 500 1 Henson. 2 Q Who took that photograph? 3 A I did. 4 Q You saw the event? 5 A Yes, sir. 6 Q Is that photograph a true and accurate 7 depiction of what you saw? 8 A Absolutely. 9 Q What was the date on which you took it? 10 A November 30, 2000. 11 Q And the time? 12 A 2:25 PM. 13 Q And the place? 14 A This is right adjacent in front of the 15 hotel, of the Ft. Harrison Hotel. 16 Q West side of Ft. Harrison? 17 A Yes. 18 THE COURT: Hold on just a minute. 19 You're going a little too fast for me. Just 20 a second, please. What was that date again, 21 sir? 22 MR. AVILA: November 30, 2000. 23 THE COURT: This was on the sidewalk 24 directly in front of the Ft. Harrison Hotel? 25 MR. AVILA: Yes, sir. . 501 1 THE COURT: Thank you, sir. You may 2 proceed. 3 MR. POPE: I offer it into evidence, 4 Your Honor. 5 THE COURT: Show it to the other side? 6 MR. POPE: I did. 7 THE COURT: Sorry. 8 MR. MERRETT: Your Honor, I object under 9 the document's completeness and request that 10 Scientology be compelled to play the 11 videotape from which this was excised. 12 THE COURT: Mr. Howie. 13 MR. HOWIE: I join in that objection, 14 Your Honor, and motion. 15 THE COURT: Mr. Pope. 16 MR. POPE: Your Honor, this is a 17 photograph that was taken off of a videotape 18 showing what it shows. If they want to play 19 the whole tape, they're welcome to do it. I 20 don't have a -- 21 THE COURT: Do they have a copy? 22 MR. POPE: I don't know if they do or 23 not. 24 THE COURT: Okay. I'll allow it in 25 evidence and overruled. This is, Madam . 502 1 Clerk, this will be the Petitioner's Exhibit 2 Number 11. 3 (Whereupon, Petitioner's Exhibit 11 was 4 admitted into evidence.) 5 THE COURT: Cross or anything? 6 MR. MERRETT: May I proceed? 7 THE COURT: Yes. 8 CROSS-EXAMINATION 9 BY MR. MERRETT: 10 Q Now, I assume that this is another one of 11 the deals where you turned the videotape into OSA and 12 it came back like this the next time you saw it? 13 A Yeah, I believe so. 14 Q Okay. And in fact this videotape has been 15 edited even more masterfully than the other, down to a 16 nanosecond on white paper, right? 17 A That seems to be a frame of the videotape. 18 Q All the rest of the videotape is gone and 19 you don't know where it went? 20 A Correct. 21 Q Okay. Why were you videotaping this 22 activity? 23 A They were protesting, as you can see. 24 Q Uh-huh. And what -- this was according to 25 Scientology's routine practice of videotaping . 503 1 protesters, correct? 2 A That's the way we document the protests. 3 Q And the -- this must have been quite an 4 intelligence coup for you, getting this photograph? 5 MR. POPE: Objection, Your Honor. 6 Argumentative, sarcastic. 7 THE COURT: Sustained. 8 BY MR. MERRETT: 9 Q Did you regard this as a find, as an 10 accomplishment getting a photograph of Mr. Minton 11 handing money to Mr. Henson? 12 MR. POPE: Objection, Your Honor. 13 Whether he regarded it as such is irrelevant. 14 THE COURT: Sustained. 15 BY MR. MERRETT: 16 Q This was -- what was going on here? Put 17 this picture in context for us? 18 A Well, Mr. Minton and Mr. Merrett -- I'm, 19 sorry, not you. Mr. Henson and there was another 20 fellow there protesting directly in front of the 21 Ft. Harrison Hotel. 22 Q Uh-huh, and what? This act that is depicted 23 in this exhibit, what was it? 24 A That shows Mr. Minton giving money, dollars, 25 it seems, to Mr. Henson. . 504 1 Q Was that it? It mean is that what was going 2 on? 3 A And they were picketing. 4 Q Were they saying anything? 5 A I believe Minton called my name as to get my 6 attention. 7 Q Uh-huh. And the -- did this appear to be 8 serious business or what appeared to be going on? 9 A It appeared that Minton was paying Henson, I 10 would assume, or, you know, just giving him money. 11 Q Okay. But you did make a videotape -- I'm 12 assuming that there is actually a videotape and not 13 10,000 sheets of paper showing theses activities in 14 sequence, right? 15 A I know there is a videotape. I don't know 16 how many papers there is. 17 Q Do you know where the videotape is? 18 A No, I don't. 19 Q Where was it last time you say it? 20 A I put it in to the receptionist. 21 Q And you haven't seen it since? 22 A Haven't seen it since. 23 Q Since November 30? 24 A Correct. 25 MR. POPE: Your Honor, I will -- I just . 505 1 review the -- we were required to produce 2 videotapes that we intended to use, that we 3 might use them. 4 THE COURT: Yes, sir. 5 MR. POPE: And I did in fact on 6 February 5 produce that to both counsel. 7 THE COURT: All right. 8 MR. MERRETT: May the witness step down 9 so he can view the television, Your Honor? 10 THE COURT: Okay, let's do this. We'll 11 shift and go down there like we did 12 yesterday. 13 MR. MERRETT: May I proceed? 14 THE COURT: Please, sir. 15 BY MR. MERRETT: 16 Q Who was th other person who was there with 17 Mr. Minton and Mr. Henson? 18 A I'm not sure of the name. I don't remember 19 right now. 20 Q Okay. What did he look like? 21 A White male, I'd say maybe in his 30s. 22 Q Uh-huh. 23 A On the thinner side, maybe about 5'8", 5'9". 24 Q Okay. Let's take a look at this and see if 25 this is the actual videotape of which Scientology has . 506 1 offered a fraction. 2 THE COURT: Now, Mr. Merrett, you going 3 to be putting this in or do you want the 4 court reporter to attempt to try to get this 5 down? 6 MR. MERRETT: I'll be putting it in. 7 THE COURT: Okay. All right, so she 8 won't have to work to take this down. Okay, 9 sir. 10 (Whereupon, the videotape was played for 11 the court.) 12 BY MR. MERRETT: 13 Q Is that the whole tape? 14 A No, that's a part of it. 15 Q So this is another OSA edit job? 16 A It's edited. 17 Q Okay. But that's the tape of which that 18 photograph exhibit is a fraction, right? 19 A Correct. 20 MR. MERRETT: I don't have anything 21 further, Your Honor. 22 THE COURT: Mr. Howie. 23 CROSS-EXAMINATION 24 BY MR. HOWIE: 25 Q Please the court, sir, just to make sure we . 507 1 understood what was seen and what you saw that day, 2 the videotape depicts Mr. Minton standing between two 3 white males on the sidewalk, right? 4 A I believe so. 5 Q And the video further depicts Mr. Minton 6 calling out your name, Antonio? 7 A Yes. 8 Q Your attention was already on Mr. Minton 9 when he called out your name, correct? 10 A Correct. 11 Q And was your understanding that Mr. Minton 12 was calling out your name to make sure he had your 13 attention? 14 A I don't know what his reason for calling my 15 name was. 16 Q He certainly had your attention at that 17 time? 18 A Even before that, yes. 19 Q And then in full view of you, did he appear 20 to notice that you were watching him at all? 21 A Yeah, he knew I was there. 22 Q Okay, because you were standing out there 23 and you were in full view of Mr. Minton? 24 A I would say so. 25 Q And he was looking in your direction, . 508 1 correct? 2 A At some point, yes. 3 Q And you saw him reach into your pocket and 4 pull out some money, correct? 5 A Right. 6 Q In a fairly exaggerated fashion. That is, 7 he wasn't trying to hide that from you, was he? 8 A He didn't seem to be trying to hide it. 9 Q And also didn't seem to be hiding the fact 10 that he was handing what appeared to be money to both 11 the white make on his left and Mr. Henson on his 12 right, correct? 13 A Correct. 14 Q And he made a show of this, didn't he? 15 A I'm not sure. He just simply gave him 16 money. 17 Q And both Mr. Henson and Mr. Minton were 18 smiling as this occurred, correct? 19 A I don't know. They didn't look unhappy 20 about it. 21 Q Then you saw the white male standing next to 22 Mr. Minton hand back the money that Mr. Minton handed 23 him, correct? 24 A Yes, the other male there, he extended the 25 money back to Mr. Minton. . 509 1 Q And Mr. Minton took it back, correct? 2 A Right. 3 Q Now, what kind of video camera was that? 4 A It was a handheld video camera. 5 Q Do you know the make and model of the 6 camera? 7 A It's a JVC model. 8 Q Who is the owner of the camera? 9 A It belongs to the Church. 10 Q Who is responsible for the maintainence of 11 that particular camera? 12 A At that moment, I was. 13 Q And the image on the camera was date 14 stamped, correct? 15 A Right. 16 Q And the image on this Exhibit 11 which was 17 recently put into evidence is also date stamped; isn't 18 that correct? 19 A Yes, I believe it is. 20 Q And it's date stamped November 30 and it 21 says PM 2:25:24, correct? 22 A Correct. 23 Q And who set up the time on that camera? 24 A I'm not sure. It could have been me. 25 Q But you're not sure whether you set it or . 510 1 somebody else set it? 2 A I don't know recall setting the time. 3 MR. HOWIE: All right. Thank you, Your 4 Honor. I have no further questions of this 5 witness. 6 THE COURT: Mr. Pope. 7 MR. POPE: I have no further questions, 8 Your Honor, and I don't object if Mr. Merrett 9 and Mr. Howie want to introduce that 10 videotape out of time. 11 MR. HOWIE: Your Honor, at this time I 12 move to strike a portion of Exhibit 11. That 13 is the time stamped on Exhibit 11. 14 It constituted a hearsay statement. The 15 witness was not able to testify who set the 16 camera or whether time was accurate and 17 under the circumstances we move to strike 18 that portion as a hearsay statement. 19 THE COURT: Excuse me, Mr. Merrett. 20 MR. MERRETT: I have no objection to 21 his -- 22 THE COURT: You join in? 23 MR. MERRETT: Well, it's my exhibit. I 24 can't exactly join, but I stand mute in 25 response to the objection. . 511 1 THE COURT: Well, all right. Mr. Pope. 2 MR. POPE: Well, the witness testified 3 on the stand at the time that I asked him 4 what time it was taken and he recited the 5 time and they haven't impeached that in any 6 way, so it seems to me it should stand. 7 THE COURT: Well, we'll with do this. 8 I'll strike it and the witness' testimony is 9 in the record. 10 MR. HOWIE: That's fine. 11 MR. POPE: Your Honor, that's granted as 12 to the time block on the photo? 13 THE COURT: That's correct. 14 MR. POPE: But not as to the photo. 15 THE COURT: That's right. 16 MR. POPE: Thank you. 17 THE COURT: All right. Good. Now, you 18 know, how technical are we going to get here 19 as to are we going to excise that out or just 20 let the record reflect that I struck it or 21 are we going to take some white out and put 22 over the of it? 23 MR. POPE: I have faith in the court to 24 be able to ignore it, Your Honor. 25 THE COURT: Thank you very much. Let's . 512 1 proceed. 2 MR. HOWIE: Just to clarify, the extent 3 of my motion, the court will not consider the 4 time stamp on the photo or the exhibit that 5 Mr. Merrett has put in which exhibits the 6 same information which we object to on the 7 same grounds. 8 THE COURT: Done. 9 MR. MERRETT: And, Your Honor, I would 10 thank Mr. Pope and go ahead an tender this 11 out of turn. I think it would actually be 12 our Exhibit One, but I'm not sure. 13 THE COURT: It will be your Exhibit 14 Number One, in evidence. 15 MR. MERRETT: I assume that the court's 16 in agreement with Mr. Pope that we can take 17 it out of turn or just I can just -- 18 THE COURT: Mr. Pope had no objection. 19 MR. POPE: I have no objection. 20 THE COURT: And I will put right here 21 hire to this right now. Hold on. Bear with 22 me, while we're here. 23 (Whereupon, Defendant's LMT Exhibit One was 24 admitted into evidence.) 25 All right. Now, any further questions . 513 1 for this witness? 2 MR. POPE: Not from me, Your Honor. 3 THE COURT: All right. Is he subject to 4 recall still? 5 MR. MERRETT: I would ask for that, sir. 6 THE COURT: Okay. There is a chance you 7 will get called back so I'm going to have to 8 ask you to remain. 9 Mr. Pope, call your next witness. 10 MR. POPE: Spencer Lowrey. 11 THE COURT: Mr. Lowrey, please. 12 Thereupon: 13 SPENCER LOWREY 14 was called as a witness and having been duly sworn, was 15 examined and testified as follows: 16 DIRECT EXAMINATION 17 BY MR. POPE: 18 Q State your name, please, sir? 19 A Spencer Lowrey. 20 Q Your address? 21 A 551 North Saturn. 22 Q What is your occupation? 23 A Security guard for the Church of 24 Scientology. 25 Q Were you present in the vicinity of the . 514 1 hotel, Ft. Harrison Hotel on December 1, 2000? 2 A Yes, I was. 3 Q In the early afternoon? 4 A Yes. 5 Q At approximately 2:10? 6 A Yes. 7 Q Did you at that time make any observations 8 with respect to Keith Henson? 9 A Yes, I did. 10 Q What did you see? 11 A I saw Keith Henson protesting with a sign. 12 He was stationary at some points and some points he 13 walked down south, directly in front of the 14 Ft. Harrison Hotel and to the end of it and turned 15 around and walked north directly in front of the 16 Ft. Harrison Hotel, back and forth. 17 Q Was he alone? 18 A He was alone when he was walking in front of 19 the building. 20 Q Yeah. 21 A But earlier he was with Mr. Merrett at the 22 corner. 23 Q Okay. And did he move anywhere else besides 24 in front of the Ft. Harrison Hotel? 25 A I didn't see him move anywhere else. I . 515 1 mean, he could have later. He obviously moved away 2 later. 3 Q How long was he doing this picketing. 4 A About 45 minutes that I can a remember, you 5 know. 6 Q Okay. I'm going to show you a video. May 7 I, Your Honor? 8 THE COURT: Yes. Well. Let's see. 9 When you say you're going to show it to him? 10 MR. POPE: For identification purposes. 11 THE COURT: Okay. 12 BY MR. POPE: 13 Q Let me show you this, Mr. Lowrey. Have you 14 reviewed that. 15 A Yes, I have. 16 Q Does that contain a true and accurate 17 depiction of the events you just testified to? 18 A Yes, it does. 19 MR. POPE: All right. I'll offer it 20 into evidence, Your Honor? 21 THE COURT: All right. Mr. Merrett. 22 MR. MERRETT: If I could just find out 23 what is the label on it so that I can see it? 24 THE COURT: Read it to him. What's that 25 say? . 516 1 THE WITNESS: Ft. Harrison. It says 2 Henson slash Ft. Harrison, December 1, 2000. 3 MR. MERRETT: Thank you. 4 THE WITNESS: Number two; Lowrey 5 Exhibit A. 6 MR. MERRETT: If I can have a minute? 7 THE COURT: Take a minute. You have it. 8 MR. MERRETT: I'm sorry, Lowrey what; A 9 or B? 10 THE WITNESS: It says Lowrey Exhibit A. 11 MR. MERRETT: Okay. Thank you. Your 12 Honor, I do object on several bases assuming 13 that this is a duplicate of the tape that was 14 furnished pursuant to the court's prior order 15 under the name Henson, Ft. Harrison, 16 December 1, 2000, Number Two Lowrey A. 17 It contains videotapes made by someone 18 else in addition to Mr. Lowrey and it 19 contains hearsay statements and commentary 20 on events, however, of course, I don't know 21 how this one has been changed since the last 22 time I saw it either, but that's the exhibit 23 that they produced under his name contains a 24 tape made by somebody else in addition 25 to -- well, it contains tapes clearly made . 517 1 by two different people and it contains 2 hearsay commentary, so if this is that one, 3 it is not admissible? 4 THE COURT: Mr. Howie. 5 MR. HOWIE: I join in the objection. 6 THE COURT: Mr. Pope. 7 MR. POPE: Your Honor, the witness has 8 testified that he was present, he saw the 9 event and it is a true and accurate depiction 10 of what he witnessed. He has properly 11 authenticated it. 12 I don't understand what they're talking 13 about. Any videotape of an event with 14 conversation is going to have hearsay I 15 suppose in it, but we've certainly come in 16 here all throughout this proceeding and I 17 don't think that's a valid objection as to a 18 live video that the witness has 19 authenticated. 20 MR. MERRETT: Well, the problem is, 21 Judge, what it contains is commentary from 22 Ms. Colton regarding what's going on. That's 23 clearly hearsay. 24 There is not a special private 25 investigator exception or a special . 518 1 videotape exception and again the fact is 2 this contains videotape taken from two 3 different places covering the same event 4 which means that at least half of the tape 5 contains things that Mr. Lowrey cannot 6 possibly have seen and cannot possibly 7 represent as being fairly depicted by the 8 videotape. 9 THE COURT: As for this witness, I'll 10 sustain the objection. 11 BY MR. POPE: 12 Q Mr. Lowrey, you took part of that video, 13 correct. 14 A I did. 15 Q Who took the other part of it? 16 A Lindsey. 17 Q All right. You saw the same events that she 18 was videotaping, didn't you? 19 A That is correct. 20 Q Were those events that she was videotaping 21 and witnessed by you, are they truly and accurately 22 depicted on the videotape? 23 A Yes, they are. 24 Q All right. Reoffer it, Your Honor. 25 MR. MERRETT: Your Honor, that clearly . 519 1 doesn't cure the fact that he can't 2 authenticate the videotape taken from 100 3 feet from where he stood. He can't 4 authenticate a tape from somebody's back when 5 what he saw was somebody's face. 6 Beyond that, counsel has still failed to 7 address the fact that the tape includes 8 running commentary by Ms. Colton which is 9 clearly hearsay which he would not be 10 allowed to testify to in any event. 11 MR. POPE: Your Honor, the tape is not 12 being offered for any running commentary of 13 Ms. Colton. I'm perfectly willing for the 14 court to disregard it. I don't even remember 15 what it was. It's not offered for that. 16 MR. MERRETT: If that is irrelevant it 17 should be redacted. They obviously have 18 facilities to do what the like with the 19 tapes, Judge. 20 THE COURT: Here's what I'm going to do. 21 I'll allow that portion in that's identified 22 by this witness if he was either taped by 23 himself or saw. I'll disregard any other 24 comments at this time or anything by 25 Ms. Colton until I see where it goes from . 520 1 there as far as that's concerned. 2 MR. MERRETT: Yes, sir. 3 THE COURT: All right. 4 MR. MERRETT: And I would ask for leave 5 to cross prior to the witness seeing the 6 tape. 7 THE COURT: You now have that. 8 MR. MERRETT: I assume that the balance 9 of direct is concluded? 10 MR. POPE: It is. 11 CROSS-EXAMINATION 12 BY MR. MERRETT: 13 Q Mr. Lowrey, this was on what day? 14 A December 1. 15 Q And who is your superior? 16 A Security Chief Paul Kellerhoff. 17 Q And what is your stat? 18 A Excuse me? 19 Q Your statistic? What is your statistic that 20 you report on Thursday? 21 A You mean -- 22 MR. POPE: Objection, Your Honor. 23 Unintelligible question. 24 THE COURT: Rephrase the question. 25 MR. MERRETT: Well, Your Honor, if I . 521 1 may, the fact that it is claimed to be 2 unintelligible to Mr. Shaw and Mr. Pope, the 3 witness was about to answer. 4 THE COURT: All right. If he can answer 5 it, he can answer it. 6 BY MR. MERRETT: 7 Q What is your statistic? What do you report 8 on Thursday afternoon. 9 A Outstanding situations that might be a 10 security problem. 11 Q And to whom do you report that? 12 A To Paul Kellerhoff. 13 Q Okay. And what is your identified product 14 in the context of those reports? 15 A I don't understand your question exactly. 16 Q Is it your testimony that you do not have a 17 product and you do not know what a product is? 18 A No, I just didn't understand your question 19 as you a stated it. 20 Q What is your product? 21 A Secure places, secure Church, secure 22 parishioners. 23 Q And for what department do you work? 24 A The security department. I mean, it's 25 security department as Antonio stated earlier. . 522 1 Q And above Mr. Kellerhoff, what is the chain 2 of command? 3 A Well, I'd have to look at. I don't know 4 exactly. 5 MR. MERRETT: Okay. If I can have just 6 a second, Your Honor? 7 THE COURT: You have it. 8 (Whereupon, a pause in the proceedings took 9 place.) 10 BY MR. MERRETT: 11 Q Okay. Without looking at an organizational 12 chart, you don't know who is above you past 13 Mr. Kellerhoff; is that correct? 14 A I do know who, like the person above him. I 15 don't know the entire chain of command. 16 Q Who is above him as far as you know, your 17 chain of command? 18 A Um, the senior director of inspections in 19 the report. 20 Q Who is that? 21 A Her name is Heather. 22 Q Heather? 23 A Heather, um, Hoff. 24 Q Okay. Above that? 25 MR. POPE: Objection, Your Honor. I . 523 1 asked this witness a discreet question about 2 a discreet event and had him identify a 3 video. He's wanting to go up the chain of 4 command for no useful purpose except 5 discovery, presumably. It's totally 6 irrelevant. 7 THE COURT: Mr. Merrett, where are we 8 going with this? 9 MR. MERRETT: To find out why he was 10 there, who he was working for and who he 11 reports to. 12 THE COURT: Well? 13 MR. MERRETT: Who is authorized to take 14 consequences if his testimony is not as 15 requested or expected. It goes to a witness' 16 bias and prejudice. 17 THE COURT: Proceed. 18 BY MR. MERRETT: 19 Q Who is above her? 20 MR. POPE: Objection, Your Honor. That 21 question does not go to his bias or 22 prejudice. The only question he can really 23 ask this witness about is bias and prejudice 24 is are you a Scientologist or not. 25 The chain of command within the . 524 1 organization doesn't have a thing to do with 2 my direct examination or any question of 3 bias or prejudice on the witness' part. 4 This is just an utter waste of time. 5 THE COURT: I think we're getting a 6 little far field here. I mean who gave him 7 the order and what was he told to do, I 8 understand that, but when we start getting 9 into the rarefied air of the organization, 10 I'm not sure I understand where you're going. 11 Move on. 12 BY MR. MERRETT: 13 Q Yes, sir. Let me ask this. Are you a 14 member of the Sea Org? 15 A Yes. 16 Q And who gave your instructions to videotape 17 that day? 18 A Mr. Kellerhoff. 19 Q Okay. Anybody else give you instructions or 20 directions about what to do on that day? 21 A No. 22 Q Okay. And you were stationed where when you 23 were making this videotape? 24 A I was stationed at the garage exit or 25 entrance, however you want to state it. . 525 1 Q On Ft. Harrison Avenue? 2 A Correct, on the west side of Ft. Harrison 3 Avenue. 4 Q Okay. That's right in front of the hotel, 5 right? 6 A That's right. 7 Q That's almost at the south end of the 8 building. That's kind of the last or next to the last 9 opening in front of the building, right? 10 A Yes. Yeah. 11 Q Then you've got that county parking lot, or 12 whatever it is, or city lot behind it? 13 A Yeah, whatever that is. 14 Q And that's -- you were a couple hundred feet 15 from Pierce Street, right? 16 A I don't know that it was a couple 100. I 17 thought it was more like 100, a little over 100 maybe. 18 Q But it's the length of the street, right? 19 A The length of the building, whatever that 20 is, right. 21 Q Right. 22 A Yeah. 23 Q Okay. And during the time that you were 24 videotaping Ms. Colton and who you referred to as 25 Lindsey was standing on the corner of Pierce and . 526 1 Ft. Harrison across Pierce, correct? 2 A Yeah, that's correct. 3 Q Okay. And so you were not able to hear her 4 talking, correct? 5 A That is correct. 6 Q Okay. Now, you have testified that you 7 reviewed the tape there. When did you review it? 8 A I reviewed it two days ago, I think. 9 Q Where was that? 10 A I think it was in the Clearwater building, I 11 think. 12 Q Who was with you? 13 A Um, I don't know his name. He was -- 14 Q Mr. Hertzberg, the lawyer in the middle next 15 to Mr. Shaw? 16 A I'm just trying to remember. That's why 17 I'm -- I reviewed it more than once. The time I 18 remember who was with me was Mr. Pope. 19 Q Okay. 20 A That's when I remember. 21 Q That was at the Clearwater building? 22 A That is correct. 23 Q Couple of days ago? 24 A No, that one I don't remember who was with 25 me at the time, but the time before that Mr. Pope was . 527 1 there. 2 Q When was that, the time before that that 3 Mr. Pope was there? 4 A That was -- I don't recall. It would have 5 been close to a month ago, I think. 6 Q Where was that? 7 A In the lobby of the Clearwater Building. 8 Q Okay. Now, you have -- you testified that 9 you remember that this was December 1, right? 10 A Yeah. 11 Q And remember that Mr. Henson picketed for 12 about 45 minutes, right? 13 A Yeah. 14 Q And you remember that he was stationary some 15 of the time, right? 16 A That's correct. 17 Q And you remember that he came in there at 18 one point, right? 19 A That's correct. 20 Q But you don't remember who was standing next 21 to you when you were looking at that videotape day 22 before yesterday, right? 23 A That's correct, I don't. 24 Q Was it Mr. Shaw? 25 A No, it wasn't. . 528 1 Q Okay. Was it Mr. Hertzberg? 2 MR. POPE: Ask and answered, Your Honor. 3 The witness said he couldn't remember and 4 what difference does it make? 5 BY MR. MERRETT: 6 Q Have you received instructions or signals to 7 disclaim recollection of that from anybody? 8 A No, never. 9 Q But you remember all these other things 10 except who was standing next to you day before 11 yesterday? 12 A Yeah. I mean, I didn't even -- I didn't 13 think about it. 14 Q Okay. I don't have anything -- well, who 15 let you into the room? 16 MR. POPE: Your Honor, what possible 17 relevance is who let him in the room to any 18 issue before the court? 19 THE COURT: Sustained. Move on. 20 MR. MERRETT: Your Honor, if I may, I 21 believe I'm entitled to demonstrate the 22 witness' both defective and apparently 23 convenient memory. I mean, his memory is 24 either one or the other and I believe I'm 25 entitled to demonstrate. . 529 1 THE COURT: All right. Can you answer 2 that question? 3 THE WITNESS: Yeah, it was -- to best of 4 my recollection I think it was Joyce who was 5 here earlier. 6 MR. MERRETT: I don't have anything 7 further, Your Honor. 8 THE COURT: Mr. Howie. 9 MR. HOWIE: No questions. 10 THE COURT: All right. Mr. Pope. 11 MR. POPE: No further questions, Your 12 Honor. Wish to publish the video. 13 THE COURT: You may publish within the 14 ruling of the court previously entered. 15 MR. POPE: Is it right here? 16 THE COURT: No, that's their exhibit. 17 Here it is, right here. 18 MR. POPE: I guess it hasn't been marked 19 yet. 20 MR. MERRETT: I'm sorry, Judge. It 21 looks like maybe three videotapes have just 22 been passed up. 23 THE COURT: No. Hold on. This was 24 number ten. It didn't get up here. It was 25 sitting over there. This is yours, your . 530 1 previously 11, the Defendant LMT's Number 2 One. And then I have here the one that was 3 just handed to me Henson, Ft. Harrison, 4 December 1, 2000 number Two Lowrey Exhibit A. 5 MR. MERRETT: Thank you. 6 THE COURT: That's the one we've been 7 talking about that came right off the bench 8 there in front of the witness in one box. 9 (Whereupon, Petitioner's Exhibit 11 was 10 marked admitted into evidence.) 11 THE COURT: Okay. 12 (Whereupon, the videotape was played for 13 the court.) 14 MR. POPE: Your Honor, may I ask the 15 witness to identify the picket? 16 THE COURT: You may. 17 BY MR. POPE: 18 Q Who is the picket there, Mr. Lowrey. 19 A I have to be closer. 20 Q All right. Play the video, Mr. Cartright. 21 A That's Keith Henson right there? 22 Q Thank you. 23 A I don't know who the other person is. 24 MR. POPE: May I have the witness stand 25 up here to identify any others? . 531 1 THE COURT: Yeah, just so that he 2 doesn't block my eye view. 3 MR. MERRETT: I'm going to ask that the 4 record reflect that this is Ms. Colton's 5 videotape the witness -- 6 THE COURT: Stop the tape. Yes, 7 Mr. Merrett? 8 MR. MERRETT: I would ask that the 9 record reflect at this point the witness is 10 testifying based on Ms. Colton's videotape, 11 based of the prospective that he attested to. 12 THE COURT: Mr. Pope. 13 MR. POPE: Your Honor, you admitted the 14 tape and as I recall you were going to 15 consider any commentary she had on it and 16 decide on that. I've got Ms. Colton out in 17 the audience if we need to bring here up here 18 to authenticate her portion, but this witness 19 testified that he saw -- 20 THE COURT: I know that, sir. I heard 21 that, and if you feel we need to bring 22 Ms. Colton, she is here and he at least has 23 identified the male there as Keith Henson and 24 let's proceed. 25 . 532 1 (Whereupon, the videotape was played to 2 the court.) 3 MR. MERRETT: May the record reflect 4 this has new been switched to what is 5 apparently Mr. Lowrey's videotape. 6 (Whereupon, the videotape was played to the 7 court.) 8 THE COURT: Mr. Merrett. 9 MR. MERRETT: If I can have just a 10 moment? 11 THE COURT: You can have it. Let's do 12 this. Why don't you take a moment to get 13 prepared. We've been going an hour. We'll 14 take a ten minute break. And I want to 15 stagger lunch a little bit today to try to 16 slip you in between the crease with all the 17 jurors in town and everything else and I'll 18 work with you on lunch. Don't worry. Nobody 19 is going to go hyperglycemia and let's take a 20 ten minute and come back and go back to work. 21 (A short recess took place after which the 22 proceedings continued.) 23 THE COURT: You need another minute? 24 Hold on. I'll give it to you. I'll give you 25 a few more minutes. . 533 1 MR. MERRETT: Actually, Your Honor, I 2 will ask that Mr. Lowrey remain subject to 3 recall, however I have nothing further within 4 the scope of the tape. I do intend to call 5 him in the defense's case. 6 THE COURT: Okay. He's subject to 7 recall and then he can -- wait a minute. 8 Mr. Howie. 9 MR. HOWIE: Your Honor, I don't have any 10 further questions or requests. 11 THE COURT: Okay. I didn't want to put 12 him off the stand if you had something. 13 All right. Then Mr. Pope, is there 14 anything you want to go forward with? 15 MR. POPE: He may be excused subject to 16 recall, Your Honor. 17 THE COURT: Yeah. I'll tell you what, 18 sir. You can step down and have a seat back 19 out there or wherever you would like to wait, 20 but there is a real chance you will be called 21 back, okay. You can't go home. 22 THE WITNESS: Okay. 23 THE COURT: Thank you. All right, 24 Mr. Pope, call your next witness. 25 MR. POPE: I wish to recall Lindsey . 534 1 Colton to the stand. 2 THE COURT: Let's do that. Ms. Colton, 3 if you come forward, please. As you're 4 coming forward, let me remind you I have 5 placed you previously under oath. You've 6 been up here before and we're going to 7 continue you under the same oath. 8 DIRECT EXAMINATION 9 BY MR. POPE: 10 Q Ms. Colton, tell us your name again? 11 A Lindsey Colton. 12 Q Were you sitting in the courtroom when the 13 last videotape was played with regard to Keith Henson? 14 A Yes, I was. 15 Q And can you tell us whether you filmed a 16 portion of that? 17 A Yes, I did. 18 Q From which prospective did you film it? 19 A I was facing the Ft. Harrison Hotel standing 20 in front of the Presbyterian Church on the corner 21 filming Keith Henson. 22 Q That was Mr. Henson you were filming? 23 A Yes, it was. 24 Q Now, is that the same person that had 25 observed earlier in the day? . 535 1 A Yes, it was. 2 Q Picketing in front of the Ft. Harrison 3 Hotel? 4 A Yes. 5 MR. POPE: That's all the questions I 6 have. Wait. Wait. Excuse me. I'm 7 finished, Your Honor. 8 THE COURT: Okay. Mr. Merrett. 9 CROSS-EXAMINATION 10 BY MR. MERRETT: 11 Q Ma'am, that's not the entirety of the tape 12 that you made on that date of those events, is it? 13 A No, it isn't. 14 Q Who edited it? 15 A I don't know. 16 Q Who did you turn it in to? 17 A To the Church of Scientology. 18 Q Where? 19 A At the bank building. 20 Q What person? 21 A Actually, I didn't hand it in to a person. 22 I put my name on it and labeled it and put it down on 23 the desk in the conference room. 24 Q What conference room? 25 A In the bank building in front. . 536 1 Q Okay. To whom was it you intend to deliver 2 it? 3 A Not an individual; to the Church of 4 Scientology. 5 Q What did the label say? 6 A It had my name on it. 7 Q Okay. Any other information contained? 8 A My name and the date. 9 Q Who had instructed you to videotape? 10 A Um, I wouldn't know on that particular day. 11 Q Who has instructed you to videotape during 12 that time period, during that weekend of November 9 13 through December 4? 14 A Okay. Um, Joyce, um -- that's the only 15 person I can name. There is a lot of staff members 16 there that I don't know their first or last names. 17 Q How many of them during that time period 18 were instructing you what to do and where to go? 19 A Um, there is two or three. 20 Q Who are they? 21 A Like I said, I don't know the names of all 22 of the staff members. 23 Q Okay. Ma'am, I didn't ask you the names of 24 all the staff members. You said there were two or 25 three other than Joyce who told you where to go and . 537 1 what to do during that weekend? 2 A Sorry, I -- 3 Q I'm trying to get who they were? 4 A I'll clarify. I don't know the names of 5 individuals that told me to videotape it. 6 Q So out of a group of two to three, you 7 remember zero? 8 A I remember Joyce. 9 Q Okay. Have any of those persons other than 10 Joyce who instructed you during that time period where 11 to go and what to do ever before or after given you 12 any instructions? 13 A Before or after what? 14 Q This weekend? 15 A That particular weekend that's on the 16 videotape? 17 Q Yes. 18 A Yes. 19 Q Okay. Who were the other people who have 20 given you instructions about where to go and what to 21 do? 22 A I'm sorry, I must have misunderstood. Out 23 of the three or four people that I have had conduct 24 that have told me to videotape, I know Joyce's name 25 and I don't know all of other people's name. . 538 1 Q Do you know any of the other people? 2 A I know Antonio. 3 Q Uh-huh. Judy Ross? 4 A Yes. 5 Q She's instructed you? 6 A No. She's instructed me to serve papers. 7 She's never asked me to videotape. 8 Q Okay. But you don't know who was 9 instructing you on this particular occasion? 10 A No. 11 Q What was the purpose of videotaping? 12 A To videotape any of the protesters if they 13 were violating the injunction. 14 Q Uh-huh. You were videotaping prior to the 15 entry of the injunction though, weren't you? 16 A Yes. 17 Q Okay. And presumably that wasn't to 18 document violations of the injunction? 19 A No. 20 Q Why were you videotaping then? 21 A We were videotaping protesters. 22 Q Why? 23 A Because there had been previous instances of 24 violence and disruptive behavior. 25 Q Okay. And unlike when you were blocking the . 539 1 sidewalk back in July? 2 A When the protesters -- 3 MR. POPE: Excuse me, Your Honor. Let 4 me object to relevance. I had this lady 5 testify as to a videotape that we presented 6 here and now he's going back into July on 7 entirely collateral matters that prove 8 nothing? 9 THE COURT: Please, let's stay current 10 and move on. 11 BY MR. MERRETT: 12 Q Yes, sir. How long was the videotape from 13 which this OSA edit was done? 14 A I couldn't tell you. 15 Q Okay. What is it that was removed by 16 Scientology from this tape before it was produced here 17 in court? 18 A It would be different scenes of the 19 protesters and different angles and different street 20 address. 21 Q But you don't know what the Office of 22 Special Affairs took out or why? 23 A No. 24 MR. MERRETT: I don't have anything 25 further. I renew my objection, Your Honor. . 540 1 All these videotapes are being edited by 2 somebody behind the green curtain and that 3 is -- none of them is what it purports to be 4 because they've been edited by 5 non-witnesses. 6 THE COURT: Mr. Howie. 7 MR. HOWIE: Your Honor, I join in the 8 objection and motion. 9 THE COURT: Let the record so reflect. 10 Mr. Pope. 11 MR. POPE: The witness has testified as 12 to the accuracy of the depiction. That's all 13 that's required for authenticity. We don't 14 have to introduce hours of tape just to prove 15 a minor point, Your Honor. 16 THE COURT: I understand. I'll note the 17 objection for the record. The motion to 18 strike is denied. The court will accept the 19 tape and give it the credibility I feel it 20 deserves. Let's proceed. 21 MR. MERRETT: Your Honor, pursuant to 22 the Doctrine of Completeness, I will request 23 the entirety of the videotape be produced 24 before the court. 25 MR. POPE: Your Honor, the entirety of . 541 1 the videotape doesn't relate to the matters 2 before -- the matter was Mr. Henson picketing 3 in front of the Ft. Harrison Hotel. That's 4 the sole function of that piece of tape was 5 to show it, period. The rest of the tape 6 doesn't have anything to do with it. 7 THE COURT: Denied. Move on. Now, any 8 further questions for the witness? 9 MR. POPE: I have none, Your Honor. 10 THE COURT: All right. She still 11 subject to recall? 12 MR. MERRETT: Yes, sir. 13 THE COURT: Good. Ma'am, you may step 14 down and I can't excuse you. There is a 15 possibility you will be called back, so thank 16 you. 17 Mr. Pope, call your next witness. 18 MR. POPE: Your Honor, I wish to offer 19 into evidence this document entitled 20 "Affidavit of H. Keith Henson" that actually 21 was addressed to you and was presented to the 22 the court by Mr. Merrett. Already it's in 23 the court file, but I wish to offer it in 24 evidence as an admission at this time. 25 MR. MERRETT: I'll object based on . 542 1 relevance. It does document the fact that 2 he's been hounded for year by the cult of 3 Scientology. I don't know that that's 4 necessarily pertinent to where we are at this 5 moment. 6 THE COURT: Mr. Howie. 7 MR. HOWIE: Your Honor, I join in the 8 objection. 9 THE COURT: Okay. Thank you, sir. 10 Mr. Pope. 11 MR. POPE: Your Honor, it's in the court 12 file. It's a letter that was written to you 13 by the respondent, Mr. Henson. It touches on 14 his activities in picketing here. 15 THE COURT: It will be received. Madam 16 Clerk, I believe that's number 13, is it. 17 Thank you. Mr. Pope. 18 MR. POPE: Your Honor, that concludes 19 our presentation of evidence on the two 20 orders to show cause. Excuse me, I would 21 like to ask the court to notice one thing for 22 the record, if you would. That is that 23 Mr. Henson, is along with all the other 24 respondents, wearing a white rose in the 25 courtroom. . 543 1 THE COURT: So noted. 2 MR. MERRETT: And the record then also 3 reflect that the court expressed approval of 4 identifying ourselves to avoid being 5 encroached upon by Scientologists during a 6 prior hearing. 7 THE COURT: So noted. All right. Well, 8 State's announced that they've presented 9 their evidence at this time. Previously when 10 I said that we would go to lunch and move on 11 and go later, let's do this. 12 This would good point then to break for 13 lunch here and then I'll pick up the this 14 afternoon and move to the other side and 15 anything else that needs to be done? 16 MR. MERRETT: Judge, I believe that in. 17 And I'm asking the court in a way to sort of 18 take my word believe for it, I believe that 19 we can dispose of, although I'm going to ask 20 him to be retained as a witness, I believe we 21 can dispose of Mr. Geiger's matter in about 22 two minutes literally. 23 THE COURT: Let's do it. Let's see what 24 we can do with Mr. Geiger. 25 MR. MERRETT: If I may call the witness . 544 1 to testify from here, Your Honor, and as I 2 say, I'm asking the court to bear about me. 3 I believe that -- 4 THE COURT: Yeah, what I'm thinking 5 about, we've got to get -- Mr. Geiger is 6 here. He's in the courtroom now and I'd like 7 to do that too if we can. 8 Attorneys approach the bench 9 momentarily. Let me see the attorneys. 10 (Thereupon, the following proceedings were 11 had out of the presence of the audience:) 12 THE COURT: The reason I asked you to 13 come to the bench is I've been pondering in 14 my head. The bailiff I guess Thursday or 15 yesterday told me that Mr. Geiger had been 16 asking possibly that whatever he had to say, 17 he had to say something that he wanted to say 18 to the judge and not in full open court. 19 I don't know what it is he has to say or 20 what's on his mind that way. 21 MR. MERRETT: Judge, may I comment off 22 the record? 23 (Discussion was had off the record.) 24 THE COURT: Let's do that. 25 (Thereupon, the sidebar conference was . 545 1 concluded and the following proceedings were had 2 in the presence of the audience:) 3 THE COURT: All right. At this point 4 we'll take up that Geiger matter, and 5 Mr. Merrett, sir. 6 MR. MERRETT: Yes, sir. Ms. Brooks is 7 here. May she testify from where she is 8 seated? 9 THE COURT: That's all right with me. 10 MR. POPE: It will only be a moment and 11 subject to the oath previously administered. 12 THE COURT: Yes. Yes. She's been 13 previously sworn. I'll continue her under 14 the same oath and let's proceed. What I 15 would request of her is just to speak in a 16 loud and clear voice so I can hear, the court 17 reporter can hear and the people behind you 18 can hear. Okay. Let's go. 19 DIRECT EXAMINATION 20 BY MR. MERRETT: 21 Q Would you state your name, please, ma'am? 22 A Stacy Brooks. 23 MR. MERRETT: I have nothing further, 24 Your Honor. And I assume that Mr. Geiger has 25 no cross-examination on that. . 546 1 THE COURT: Mr. Geiger, I need to do 2 something. Sir, would you come forward. 3 Have a seat over here at this table. 4 MR. GIEGER: Here, Your Honor? 5 THE COURT: Yeah, that would be fine. 6 Mr. Geiger, do you have an attorney here with 7 you today? 8 MR. GIEGER: No, sir, I do not. 9 THE COURT: So you're proceeding pro se? 10 You're representing yourself. 11 MR. GIEGER: Yes, sir, I am. 12 THE COURT: Okay. Mr. Geiger, there was 13 an order to show cause was issued for you and 14 you have appeared and as far as the evidence, 15 the show cause was taken out by the defendant 16 in this case and the evidence that's been 17 presented strictly amounted to calling Stacy 18 Brooks and there basically was no evidence 19 presented or anything for you to 20 cross-examine. 21 MR. MERRETT: Your Honor, if there is no 22 cross-examination, I have an announcement. 23 THE COURT: Yeah. I was just going 24 to -- would you please? I was trying to 25 figure, in light of the other testimony that . 547 1 was presented as to other two on that one 2 charging document whether you were going to 3 piggyback that or not and I was then going to 4 explain to him, so let me come back to you. 5 MR. MERRETT: No, Your Honor, it's my 6 understanding that we could reopen the 7 proceeding dealing exclusively with 8 Mr. Geiger, that the prior evidence dealt 9 with exclusively though the court. 10 THE COURT: Okay. 11 MR. MERRETT: It has come to my 12 attention that the consequence pretty much 13 however the court might rule, if the court 14 were to withhold adjudication, anything that 15 the court might do other than an acquittal of 16 Mr. Geiger would carry grotesque, 17 disproportionate consequences that are 18 outside of the court's jurisdiction to 19 effect. 20 Consequently, for that reason, because 21 of the likely disproportionate effect to 22 carry of presenting additional evidence at 23 this time the proponents of the order to 24 show cause as to Mr. Geiger rests and I'm 25 sure there is somebody here who as an . 548 1 officer of the court can make a motion on 2 Mr. Geiger's behalf. 3 MR. POPE: Your Honor, in all fairness 4 to Mr. Geiger and since he's a layman in here 5 it would appear to me that you should enter a 6 judgment of acquittal. 7 THE COURT: Mr. Pope. I thank you very 8 much. I was going on its own motion, was 9 going to do that. 10 Mr. Geiger, sir, the court at this time 11 enters a judgment of acquittal on the order 12 to show cause that was issued to you and you 13 are free to go at this time. And there is 14 no further matters in my court at this time 15 in this case involving you pending. 16 MR. GIEGER: Thank you, Your Honor. 17 THE COURT: Have a good day. 18 MR. MERRETT: Your Honor, my only 19 request is he remain available as a witness 20 or a phone if he can give us a number. 21 THE COURT: All right. Let's do this. 22 Mr. Geiger, the may want to bring you back as 23 a witness. But if you would give Mr. Merrett 24 and Mr. Pope a phone number and I would 25 request of them that they, because you've . 549 1 been here and other than that confusion where 2 the county has six different courthouses, 3 give them a number where we can get ahold of 4 you and we'll give you lead time to get here, 5 okay, if they need you. 6 MR. GIEGER: Yes, Your Honor. I would 7 like to say that about the only way to get a 8 hold of me would be e-mail. 9 THE COURT: Well, then give an e-mail. 10 That's fine. You can just give it to them 11 and I would ask them as officers of the court 12 treat it with respect. 13 Let's do this now. We'll go to lunch 14 and I'll give you -- be back at 1:30. 15 Listen. Also, hear me, everybody. I'm not 16 unmindful that this is jury day and this 17 puts a lot of extra people in the downtown 18 area on lunch. 19 If you go someplace and they happen to 20 be a little slow serving you, don't gag down 21 your food and rush back. 22 We'll wait for you, but don't come back 23 about three o'clock. Try to get back as 24 soon as you can around 1:30, okay. 25 Everybody have a good lunch. Thank you. . 550 1 (Thereupon, a luncheon recess was taken, 2 after which the proceedings continued.) 3 End of Volume IV 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .