6 18 12 0204 26405 ocr cr12-1262-3059269 transcript criminal trespass testimony rg hill cd baker rmc...

7/28/2019 6 18 12 0204 26405 Ocr CR12-1262-3059269 Transcript Criminal Trespass Testimony RG Hill CD Baker RMC Judge

1/158

CLEq: ,c ,.: ifGSCO: T;

WASHOE

-

OR\G\NAL. : ',I

1

213

19

20

21

22

23

24

25

26

27

28

Cod

F 1LED281 JUl 30 PH : 57

'

NEVADAN THE SECONDJUDICAL DStRICT

N AND FOR HE COUN OF8

9

ZACHARY COUGHLN,0

Appelant Case No.CRI2-1262fvs

Dep. No

CTY OF ENORepondent

ADDENDUM O CERTFED CO OF DOCKET FROM RENO MUNCAL COUR

4

5

6

7

18


2/158

L g i0-

19

2

24

25

CODE:

2

5

6 E SECOD JDICIA DISRC COR

7 O E SAE O EVADA CO O WASO

8

9 0 -

ZACRY COGLI,

Pii, Cs o CR

2 Dp o 0 CIY O O

Dt

5

6 BEC A ASCP O APPEA

8

2

2

22 scipo P(77

Pocgs co b g sou coig, scp pouc b

ci tscpto sic

P


3/158


4/158

DeputyRn

AARANCS

On E Fist Stt 3 Floo

FOR TE AITIFF . . . . . . . . Chistoph alttStvns, EsCty Attoy

City Atoy

Rno

FOR TE DEFEDAT . . . . . . . . . . . . . . . . . . . . Zachay Coughnn op ona

RSCRIIO a Longoni

ocdings codd by digital sound codng tanscipt poducd byctd tansciptionist

g


5/158

WIESSES:

Richard Hill

Cas Bakr

EXHBS

Paitis ExhibitsExhibit Evictio ad

Dcisio Ordr

Exhibit Fidigs o actCoclusios o Law

Exhibit 3 otic o Et

ofOdr

INDX

Dict

18

52

ad

60

63

5

Coss

24

2

Rdict

90 1 15

Rcross

99, 1 17

it

62

66

7

g 3


6/158

XAMNAON

CARSON CY NVADA AUGUS

0

(Cur in in at :: p.m)

E CO: Good aoo ladis ad gl

AZLESEVES: Good oig You oo.

E COR M Coughli good oig.

COGLI Good oig You oo.

E COR: av a sa gl

AZLESEVES You oo o th cod I'll

us go ahad ad aouc his is Cit vsus Zach Coughli

1 1 2640

M Coughli is ps As s h's psig his o

his cas pusua o ou las haig o his.

h Ci is ad o pocd o ial s chagd wih

tspass Judg.

E COR: Oka ls s h h's o i o

busiss w d o attd o pio o satig h tial ad ha was o Ju

20 1 2 M. Coughli ld a oio ld actuall o h cod a

oic o Appaac as Cous a Moio o Disss a Moio o

Suppss a Moio o a Coiuac o a ad a Tas o h Cas o

Mal ah Cout

W ou svd a cop o tha M zlttSvs?

Pge 4


7/158

AZLESEVES: I was ot You oo

E CR: M. Coughli i ou s a cop o that o

th Ci?

. CGLI: h You oo

E CR: You ca ha a sat You ot to sta.

hats alight thaks

R CGLI: I pac o i I wt to th Ci Attos

c th a ths k a tal op box. It ght ha ol b os though

E CR: ka wll lt o this. I goig to I

iw this tail a spt so ti last wk gog o it

Lt ass th bcaus w akig a co I wat to

sh up ths t o sh busss.

h otio to Cotiu Coughli is that a otio ou

stl sious o pusuig this oig?

. CGLI: Ys si.

E C: Alight

R CGLI: I woult i

E CR Alight I usta that. Lt ak a ltt

bt o th co h ts o th backgou o ths cas s wh I

akig a co. ob 1 0 . Coughli was ast b th

Ro olic Dpat a chag with o cout o tspassig.

ob 4 0 M Cough was aag a

pl ot guilt ial was th st o Dcb 0 1 1

Pa


8/158

On ovmb 23 201 1 a otion to Continu was ld by

th Ci Attoy a ill motion is what Ill call it basd on an absnt

witnss bliv was M i not latd to th ill motion.

AZE-STEVES: hats th oiginal motion ysE COR: hat was not opposd by Dndants couns at

th tm And on ovmb 28 I ntd an od continuing th tial th

st tim

h tial was thn st o Januay 30 201 2 On Janua 3

2012 a otion to Continu was ld by M Punts you attoy at th

tim. h City Attoy did not objct.

On Januay 1 8 I wll pio to that bfo th uling on that

motion on Januay 8 M Punts d a otion to Withdaw as you

attoy

On Fbuay 2 2012 schduld a (inaudibl) haing on

th otion to Withdaw h motion was gantd and M oomis was

appointd

On Fbay 3 202 you d M Coughin a otion to

Vacat a otion fo Rconsidation fo Rcusal

On Fbuay 22 202 an Opposition to th otion was ld

by th City Attoy

ial thn at that point was ultimatly st fo Apil0

2012 On ach 5 2012, Coughlin you ld a motion actuay

captiond in th Distict Cout but it mad itslf it did mak itsf

appopiat to ou l

On ach 2 1 '" you d anoth otion h Cty ld a

a 6


9/158

otion to ik your motion ba on no ric on th City Attoy

On January 20, 2012, ntr an orr, numbr on,

nying your motion that wa on Fbruary 13 , 2012 On arch 2 1 ,

2012, I ntr a con orr nying your Motion to Dimi that wal on arch 5 201

An thn on April l, 012 I upn th procing

ba on a compncy iu that ha bn rai in th Ditrict Court An

thn at that tim, atyour rut, M Loomi wa ri a your attoyOn April 6, 2012 in Ditrict Court, Jug Elliot oun you

comptnt to tan trial

On ay 9, 012, Jug Elliot ign an Orr ning you

comptnt an rman whatr ca wa pning in th Jutic Cour

back to th Jutic Court, an thn I rt tria or Jun 1 8, 20 1 2, toay'

at

On ay 01, Jug Srraza aign that ca in th

Jutic Court to th nta ath Court On ay 24, Jug Brn, h

Ditrict Court Jug, an th Jug rponib or th aminitration him

an Jug Blak, on oth two Jug nt th ca back to th Rno

Jutic Court

Thn on Jun 5 you l th motion wr taking about

now incluing th otion to ContinuSo thi ca ha bn now continu twic Th procing

ha bn upn onc, all in th norma cour an cop o buin

Motion l by th City, motion l by th Dnant

g 7-


10/158

When I cnduced e heang as me n May , we were

very cear ha absen geng hs maer reslved we were gng cnduc

he ra day - day n June 1\ a 900 a.m. se sme mans n

mns led by he pares. Thse mns were respeced and led melyere s a serce ssue ha we dn' need address day

because -

HAZLETTSTEVENS: I'm happy respnd whaever

mn bu I was n served wh .THE COURT: Fr he recrd Mr HazeSevens wha s he

Cy' psn n he Mn Cnnue

HAZLETTSTEVENS Judge he Cy ppses he Mn

Cnnue Ths case s geng prey d nw Were geng - 1 1 3 s

he fense dae and hnk s prper acuay pceed al day

Weve rese hs hng many many mes. Yure rgh n he

nrma curse f hngs here were apprpae reasns rese hs hng.

The C has s wnesses presen ready fr ral hs mng.

I hnk we shuld mve n and clse hs case up whaever way gesTHE COURT Okay and M. Cughln brey wuld yu lke

respnd he Cys ppsn yu Mn Cnnue And I d

mean be

COUGHLIN Yes Yur Hnr.THE CORT I've read all yur brefs I've read evehng

and Ive revewed he e a gea engh s jus need knw wha yu'd

lke say abu he Mn Cnnue

Pge


11/158

COHLN: I dn knw f can (naudble e Sxh

Amendment rght t a speedy Yeah t wuld be nce t have a lttle mre

tme t prepare but f! can d that.

THE COURT: Okay well we've been gven a lt fme tprepare These cases need t be heard n a tmey fashn Agan the tme

delay has been n the nrmal busness f ths case The Mtn t Cntnue

s dened. We are gng t have the ral tday

That leaves us wth the secnd ssue rased yur Mn tDsmss Mr Cughn

Essentay as read the Mn the allegan prmarly s

that the Cmplan faled t esabsh prbable cause that there was a

wang gven and that based n that rght ha yu feel the case shuld be

dsmssed

Is ha substance crrect?

COUHLIN: Yur Hnr yu sad there was n wang

gven?

THE COURT: N 'm readng yur language frm yur egaargument ha says A) that page tw f yur Mtn t Dsmss tha the

Cmpant fals t establsh prbabe cause because t as aege that

there was sucent wang nt t reman n he prperty aer beng td

n t d s and/r that Cughn dd nt have a rght be here That's thebass fr the Mtn Dsmss?

M COUHLN: Yes

THE ORT: azletStevens?

g 9-


12/158

HAETTSTEENS: udge I dd nt receve a cpy

that Nnetheless, I w argue tday The Ciy ppses the Mtin t

Dismiss as yu mght imagine, and r this reasn, n March 2 1 2012 this

Curt entered an Order in regard t a prir Mtn t Dismiss the CrminaCmplaint previusly

This issue has already been heard and decded n by Yur

Hnr Yu actuay hit the issue head n n the March 1 2 202 March

2 1 202 Order.Yu w recal that the Ci wasn't served prperly with that

ne ether, and there was an issue I ppse I mve t stike the Mtin t

Dismiss in that case.

Yu sad ntwithstanding the serice issue yu wud reach

the ssue n ts mes, deny e n Dsmss n he ac he

sucency the Criminal Cmpaint.

We've already heard this ssue It's aready been decided n

and dn't think it's rght t havew btes at the same appe Judge

THE COT Alright M Cughlin yur respnse t that? Imean I've given yu a cupe reaks because ntwithstanding aegatins

hat the Cy Attey wasn't prperly sered, I st addressed the merts

the Mtin givng yu a brea in that regard and I'm ding the same thing

tday given the allegatin the Ci wasnt sered with this Mtn What syur respnse t Mr HazlettStevens' argument that the case shud nt be

dsmissed? Agai we can make ths brie because I've revewed in detail al

the peadings yu've ed n ths Cur bth ths mng and ast Friday s

g ahead

g 0-


13/158

COUGHLIN Yes, sr, Yur Hnr r HazletStevens s

recunng f yur Ode n esnse t my earler tn t Dsmss dffers

smewhat m my recllectn althu admttedly wshed 'd revewed

that Ode a ltle mre clearlyut t seems t me that yu perhas dd nt get t the merts

r that was nt - s t almst seems as thugh yu sad ms was

my attey and t's narprate fr me t unlaterally decde. m gng

t ant myself as ccunsel and then present a tn t DsmssS dn't knw f that s law f the case, r smethng n that

regard

d recall readng yur Order, and respectfully, 'll say ths

SI Just a ltle bt - had put sme tme nt that tn t Dsmss and

yur Order seemed t nd t smewhat frvlus

THE COURT S whenever enter an Order all the lawyers

knw Whenever enter smethng half the partes nvlved are n

dsagreement r are unhappy r dscntented wth my Order

S, mvng that asde - mvng that asde 've entered theOrders The bass f the tn - f my rder denyng the tn was that

lacked legal mert Thats a decsn made by the Cur whch s

bvusly - lve wth the fact that half the partes ae n dsageement every

tme make a lng. That's e crss bear yu have as a Judge 'vegtten used t that.

The tn t Dsmss n ths case s gng t be dened

because ths s an allegatn that ultmately ges t the ultmate ssue f fact

n ths case, and wll rse and fall n the rf f the Cty r the lack f the

Pa


14/158

pooon e it hethe o not ee ws suient win in this se

whih s n eement of the tespss ae we' de with t ti

o the oton to Dismiss n s dened The otion to

uppess wht is t M ouhn tht oue desn to suppess? I edt and oudnt e ue tht out ddn't see an evidene tht ws

sezed e In eviewin ou motions woud ou ike to ddess the

otion to uppess bie?

OUGHLIN Yes si You Hono I beeve dependin upon

how one ooks t it this mht hve been Fouh Amendment viotion o

sezue ofpeson mbe in tht eithe nthin in the poie epo o

nthin I know H woudn't neessi be stte to invokin

one othese onstitution ones but to the extent hes somewht tin

n onet with the poie o he's the one sinin the imn ompint

I tent sti hs e it to be somewhee the andod

does not hve e iht to wk n and kik down doo and invite the

some poe oes

THE ORT Ok wht is it tht wee seekin to suppess?

Is t items of evidene tht ou'e uin tht ws ie obtned o ws

it sttements b ou tht wee obtined in voton ofou Fih

Amendment piviee u d issues? Beuse I'm not seein an

evdene in ths se tht we'e ookin to suppess OGHIN The ente poe epot. An knowede

om ben thee An testmon tht . H o n othe peipient

witnesses miht wsh to pe

THE OURT Ok tht motion s oin to be -

P


15/158

HAZLTTTEVEN Jud would lik to put on th

cod -

THE OT: Go ahad

HAZLETTTEVN m objction bcaus d lik tomak an o of poof fo th objction cas of appal

Ill dawYou Hono'satntiontothState /Nevadav. Bill

col ts a 990 cas ts Nv 5 wh th out said A

pson who is victd fom a popt no lon has an xpctation ofpivac." Th is no outh Amndmnt iht anmo whn somon

nts a popt a viction

It sas "ThStatcontnds thathsachspondntno

lon had a asonabl xpctation of pivac in th sidnc addss"

Th tat maintains that spondnts subsqun nt was a spass

Its v simila to this cas You Hono and did nothin to sto th

asonabl xpctation of pivac. Th out said w a

Th is no xpctation ofpivac I hadl vn think h has

standin to bin th issu tainl th is no Fouth Amndmnt

violation h You Hono

THE OT: Im not sin an vidnc and indd und

UnitedStates v Cr th is no a suppssion of a ciminal dfndant in

a cimina caso th otion to uppss is dnid

Th tansf to ntal Hath out ouhlin do ou

want to addss that? I think wv alad on down th oad - ouv

alad bn down th oad with th ntal Halth out and th Justic

ag 13


16/158

or. Is h somethin h we shold disss od bese ove rised

i or pretrl moion?

. OUGIN Perhps Yor Honor Ive emped o ess

jstie in h rerd with respe o wh hppened in entl Helh or

sseni o know o hve wo pies nd o hve n offer nd

eptne nd he ome to n eemen on erms nd he ener

on nd hen one of them ler deides to nilerll hne he

on s hs de proess probem o some sor o onr lwTHE OT Ok how does th rele o he enl Heh

ort? Heres where Im oin with his

We lon the st herinwe disssedhe isse of

nsfer to enl Helth ort whih notwithsndin he i Attoes

posiion h ime Im no ler wh i ws timel we deided h

ws deision h old be mde b the or nd I ws wiin o

enerin lookin ino ht.

I hvehedisretiono trnsfersesoenlHethort

rnsfer oriinl jridiion with he permission of the Disi or de

Herin nohin p ni od nd moreover ndin ht in he Disri

or se nmber M003 de Breen on 4 rnsfeed he

sie or se involvin Jde ferr nd orelf bk o the Jstie

ort it wod not pper o be in he ineres of nbod this poin inime o del he proeedins her b trnfein the se o he enl

Helth or.

Yove hd ht oppornit o e over there one I wod

hve been ver inined o rnsfer his se o he entl Helh or if

ag 4


17/158

yo wol have been accepte in oing well over there bt that in't

happen So, the Motion to ransfer to Menal Health Cort is a maer of

iscretion for this Cor, an it's going to be enie.

inally, alhogh the

CGHLN Yor Honor, qickly

CR Go ahea

M COUGHLN: f!colst interject. t is my nerstaning

for the recor, that was accepte into that proam an then ey change

the tes of it an ecie

CR Yeah, I ont know exactly what happene, Mr.

Coghlin appreciate that. I'm reaing from Jge Breen's rer that

"he Defenant be remove om the Menta Health roam an that yo

be rete to the Reno Jstice Cor for al tre proceeings

So, whatever happene over there, which m not privy to an

which on't think reay is reate or relevant to this case, were going to

not elay these proceeings by sening the case over there

Finally,that eavestheisseofrecsa Yohave whilenot

raise in the caption ofthe peaing it is ientie in the pleaings yo

raise, on page two, we've aresse this isse before in etail .

've enie that Motion to Recse here's nothing raise that

even (inaible) prevents me from hearing this case an being a fair,etache observer to the facts oflaw so that will be enie.

CUGHLN Yor Honor, if! col qickly enter an objection

for the recor on that

CR Go ahea

15


18/158

CUGHLIN: And st o peface ta by saying eveybody

Ive talked to as indicated yoe an osanding Jdge Yo Hono and

completely fai so tas deniely given me a lot of condence in e Co

in tat egad

Bt I do beieve ee migt be I dont know if is a dicial

(inadible o someting tat says wee a Jdge as liigants befoe im

wo ave a case involving a family membe of te Jdge in some ote

spee I don know if tats a mandato ecsal b I did le a mandaoyabeas acion against yo sise e Honoable Jdge Linda Gadne in

Family Cot in 009 I was ed fom my ob as a domestic violence

atoey om Wasoe Lega Sevices and I was tod was ed becase of

e becase of te condct by me tat esled in e ode only Its e

only eason I was ed accoding to Wasoe Lega Sevces

did le a Mandams Peiion I was pey mc a tee

dge pane and te Speme Cot fet wasnt woy of I gess moe

eview o eqiing a esponse

And ten now ee is a ievance wi e State Ba I call it

no to be p bt I cal kind of te immolate concepion gievance

becase nobody can ell me wo ed i o ow it became a gievance

Bt ta ode fom 009 sanctioned me eqiing me to pay

$\000 attoeys fees NRS (inadible 0 In te contex of my being a

domestic violence legal aid attoey advocating on bealf of my client a

bateed woman ing o get e aimony incident o a 0yea maiage

wit to kids weein I was odeed to pay $000 ot of my pocket tats

now a ievance

P 6


19/158

t's upon nfoaton an belef t became a evance wth the

State Bar because your sster Juge Lna Garner gave the orer to you

whereupon beleve you ncate you gave t to Juge Nash Homes

whereupon Juge Nash Holmes gave t to bar counse aong wth a number

of other materas that have not been prvy to ether n my attempts to

secure them from the lng oce here at the Mun Cour or from bar

counsel M Pack Knney

I've mae numerous attempts to get these recorngs an these

eent materals So just to enter at or the recor Your Honor

HE CR: Alrght thank you M. Coughln An let me

just tell you ths hat case goes back to the Famly Court I have no real

knowege except have rea the rer Its unreate an relevant to ths

case have not realy scusse the merts o ths case wth my sster who s

a Juge n the amly Cour

here wou be no reason to scuss that case an even fthat

woul have happene we have not theres reay no nexus beween her

beng a Juge an havng hear a case where youre an atoey on an my

beng a uge some three years later on a case where you are a Defenant n

So the Moton to Recuse s ene An I thnk that entes

the ssues rase n your Moton le une 5 01. It ooks lke now were

reay to go to tral s that correct counsel?

HAZLE SEVENS he Cty s reay Your Honor

HE CR: Alrght lets go ahea an call your rst

wtness M HazlettStevens

ag 1


20/158

HAZLESEVENS: he City cas Richar Hill to the

stan.

CUGHLN An Yor Honor on't know if 'm sppose

to inteect this now or not bt believe i sbpoena some witnesseswho appear (inaibe

HE CUR Right an we'll aress that at the appropriate

time ltimately Coghin s a lawyer Yo know we take these M

Hill goo moing

HLL Goo moing sir.

HE CUR We take these maers step by step by step.

here's no oher way to o it so we' aress all legal isses as they show

p in the e corse an prsant to protocol at trial

So et's swear in M Hi.

(Witness y swo

HE CR Have a seat Hi Mr Hazle-Stevens go

ahea

HAZLESEVENS hank yo Yor Honor

calle as a witness having been ly swo

testie as follows

DREC EXAMNA NBY MR HAZLE-SEVENS

Q Goo moing can yo plee state yor name an

spel yor last for the recor?

ag 18


21/158

HE CR: Yo know Hazlett-Stevens an Mr let

me make one last comment for the recor

HAZLESEVENS: lease

HE CR know ha Mr Coghlin s an aoey

Noneheess hes represenng hmse

Coghin et me tell yo what know abot this case to

ae I am lookng a a Crmnal Compaint hat alleges that on Novembe

1 3

,20 1 1 in the Ci ofReno, at 1 2 1 River Rock Street, heDefenant was

fon on the property aer beng evicte on November 1s 2011

he only other nformaton know abot the case s that the

whaeve was raise n the pleangs e both by yo an Hazle-

Stevens

So wh that n mn go ea Hazlett-Stevens

MR HAZLE-SEVENS hank yo

BY HAZLE-SEVENS:

Q hank yo Can yo please state yor name an spell

yor las for he recor?

A Rchar H HIL-L

Q Goo H Im going to ask yo

MR CGHLN m so on mean o nerrpt yo M

HazleStevens f! co s qckly nterect Yor Honor given whatyo st sa to any extent m reqire o broach he topc of any

iscssons yove ha wth Jge Nash Holmes wh respect to these

maters or

Pag 9


22/158

HE COR: can tell yo that Jge Nash Holmes an I have

not scsse ths case wth anyboy, we have not. here has been no

scssons between me an the Jge abot yor case, the trespassng set

for toay

COGHLN Or any other maers relate to Rchar Hll?

COR: Or any other maers Weve neve scsse

any matters relate to Rchar Hll at all

COGHLN Okay, an when yo sa yo an yor sster hanever scsse anythng abot me?

HE COR: Not relate to ths case

. COGHLN believe earler yo st sai yo never

scsse anythng abot me at all

HLE-SEVENS: Jge, yove alreay re on

ths. m gong to ask that yo

HE COR We have rle Let me tell yo let me tell yo

what ve scsse We have scsse have not iscsse wh Jge

Nash Holmes an I a avise that base on some steps shes taken, theres

been a mater referre to the State Bar whch s ner not I'm aware

that yo have been sspene by the State Bar, an that thats sbect to

rther revew

o the extent that Jge Holmes has ha a case n herepartment as has Jge Howar an has mysef, we have ha scssons

general scssions relate to the State Bar matter

As reate to my conversatons wth eher my sster whch

have been very limite relate to yo an ceranly none relate to yor

P 2


23/158

case except y had a cae ver here ve had n discssins with Jdge

Hward Jdge Hlmes Mr. Hill Mr. Hazlett-Stevens r my sister

regarding this trespassing case. And that's by desi that was carelly

thght t s there' s been n discssins.

CGH And wth he State Ba knw eaer

HE C: have had n cnversatins with the State Bar

CGHLN: kay at r ast hearing thgh y made a

statement believe the discipinary r the Bar wi be meeting next week t

me a

HE CR: was advised by Jdge Hlmes that the prcess

invlving y and the State Bar was in the prcess where they were ging t

make a decisin which ltimately apparently they did. hse were the

sbstances f thse cnversatins bt nne were related t this case and

can te y that nne have had any cnversatins regarding the witnesses in

this case that have never cme p between any f the cnsel . m nt sre

they even knw wh the witnesses were qite ankly.

CGHL kay. CR: kay thank y.

CUGH hank y Yr Hnr.

HE CR kay e's g ahea and prceed.

BY LE-SEVENS:Q Thanky. Hillmgingt ask y tmakesre

y speak p and nt trail fyr answers at the end his is being

recrded s fr appellate ppses any ther pse 'd like t get a

gd recrding f this.

P -2


24/158

Hill what yr ccati r rfei?

A I am a attey ractic Re evada.

i Re?

Q Okay ad what yr area f fc a a atey here

A Real eae cc ue la

add/teat elder aw.

Q Okay a a attey hw l have ee lceed y

theway t ractce law here

evada?

A year

Q A a attey did y have ay relat t the addre

f iver Rck Street that Re evada 0?

A Ye r

Q Hw dd y et aciated with that lace?

A I At f at year I wa ctacted y Dr atthew

erli I eleve he i a reidet f Chc Calfa.

He exaed t me that he had a teat wth whm he wa

havi me dcltie ad hed had eh ad he wated t evict

hm

Q Ad dd y eter t a areemet i rder t

eecae ha?

A Ye we did.Q Ad dd art f that areemet etail y itiat

evcti rceed aat the ccier f Rver Rck Street?

A Ye t dd

Q I Rver Rck the Cy Re?

P -22-


25/158

A Ye ir it i

Q Ad d we kw wh wa livi at 1 1 River Rck at

the ime y tarted the evicti rceed?

A Well Dr erli ideied the idividal a .

Chli ad irmed me that he wa a layer.

Q Okay.

A Ad tha there had bee qite a bit backi ad frh

i back ad frh betwee them ad hed had ehQ Ad wa ar f the bai fr tha evcti failre t ay

ret?

A I wa ifrmed that M Ch had t aid ret at

tha t fr me r 5 mth

Q Okay.

A Ad that here were rblem a he he. There had

bee me damae berved ad tha . Chli wa a harder ad a

we ater crmed he ile f car tre dead tere eqime

dead TV tide

Ad the tha what we iadible)

Q w y eered t a atey/cliet relath

wth r erli r abt A f0 1 1 i tha crrec?

A Ye ir.Q Ad dd y acally iitate the evici rceedi

r did y have mee ee i yr ce d that?

A aied that t my aciae aker

23


26/158

Q Okay ad wld he hae the athry he t iitiate

eicti rceed aait the ccier f ier ck?

A Autey

. HALETSEVES de that the ly qe Ihae f Hill at th tme uject t ecall f ce

THE COUT Alriht r. Cuhli cexamiati?

COUG Ye ir Yur Hr.

CROSSXAMNAON

BY MR COUGHLN:

Q Gd m r Hill. S yr cliet hw may

fee hw mch i fee what amt f fee de he actally icur?

HALETTSTEVES Oject that exceed the ce

f cr r direct ad it ieleat.

THE COU What releace wld . Hill fee

arraemet wth hi cet hae t Hill diect tetmy tday

Cuhli at i the exu here that make it reeat?

M. COUGHLIN: Ibelieveit may tamtiveaalyi wherei

if a exritat amt f fee ha ee r u r icurred eed t e

eeted a

THE COUT at mt i r. HalettStee jecti

taied. dt md ay releace t Hill acial arraemet

wth hi clet t thi eai cae I cat maie hw that cld e

eleat

S e me Im i t tai the jecti.

ag 2


27/158

M COUGHLN Okay, sir, believe on direc attoey's fees

were brough up and an arrangemen was

THE COURT: I you can ask if here was a relaionship tha

involved Mr Hll getting paid, bu Im no going o allow don ink srelevan for Mr Hill o go ino any deails abou specic dollar amouns, and

I'm no going o allow ha type of quesioning

Go ahead wih a new quesion

M COUGHLIN Yes, sir, Your HonorBY MR COUGI:

Q Mr. Hill,youjusesifed thahis clien, Dr Merliss,

conaced you in Augus?

A Tha's wha I esied, sir.

Q 0f11. Okay, and you esied ha a tha ime, i

was your undersanding tha he enan had failed o pay ren for some 4 or 5

months?

A Tha is wha I esied o. I'm no exacly posiive as I

si here oday how long a peiod ofime ren had no been paid, bu was

subsanial.

Q So, if you're no exacly posiive, why did you give ha

gure of 4 or 5 monhs in your earlier esimony?

A My bes ecolecion oday, sir.Q Okay, so if i was if in Augus, you say ren hadn'

been paid for, le's say 5 monhs, ha would be Augus, July, June, May,

April Would ha be your undersanding of wha ve monhs less Augus

would be?

P 25


28/158

A I hnk your mah coec, r.

Q Okay, and wha are you baing ha on?

A Mah? Of wha you

Q No, I mean, did your clien call you up and ay, Well,

he han pad ren n ve monh, or He han' pad en nce Aprl," or

doe ha ju ound ike omehing ha would make me ound like a bad

peron (naudible).

M

HAZLESEVENS: Objecion, argumenaiveObecon argumenaive

HE COR: I hink he ueion ha can be aked and hink

you - frame i, you ak H, and hen you begn o go on wih a

compound ueon wheher - wha informaion did he bae hi eimony

oday ha ren wan pad, wha wa he ource of ha informaion And I

hink ha ueion if you wan o ak i, i allowable, bu we ge ino a

compound ueion and agumenave ueion, which Im no going o

aow.

So, I aow you o ak ha ueion and drec M Hill o

anwer ha ueion o he exen you wan o ak ha ueon o go ahead

M COUGIN Ye, ir, Your Honor

BY COGN

Q Hill, if you would pleae do ha, I gue, omp he compound ueon

Wha aemen or informaion lead you o believe ha ren

hadn been paid for ve monh a of Augu?

ag 26


29/158

A Frt f all my cverat wth my clet were

prvleged wll te yu that there were dcu t the eect that ret

had t bee pad, ad we were prvded wth may may emal trg

betwee yu ad Dr erl that clearly demtrated that ret had t bee

pad, ad that yu were maufacturg rea t ut t payg ret

Q S, ddt hear where dd 4 r 5 mth cme frm,

that gure? Why t e r tw mth?

HAZLETTSTEVENS Judge, he already teted thatthat prtected by the attey/clet prvlege

COGHLN Ad beleve t wa waved t the extet he

utlzed ad leveraged t earler

THE CORT Well, why dt yu refra yur uet ad

reak the uet, r Cughl? G ahead

R COGHLN: 'm t ure udertad the gt f-

CORT Well, m gg t uta the bject why

dt yu rephrae the uet ad ak aga, and wel addre the

awer ad the repe (naudble), g ead

BY COGHLN

Q Okay, why dd yu ay 4 r 5 mth earer?

A A tld yu, r, that my bet recllect tday?

QBaed what?

A Baed my bet recllect . Cughl

Q Ad wuld that - peccally, what de that

recect clude? methg yu heard the phe? Wa t

wrtg? Smethg

Pag 7


30/158

A I onien wi he o h youve od

ubequenly bou young ldy king off wih uppoedly king off

wih ren money

Q Oky bu erlier you weren lking bou wh I old

you You were lking bou wh your lien old you nd how i w

prvleged exep for e exen o whih you (inudible nd leverged i by

ying 4 or monh

So, now youre bing your reolleion upon omehing?

Youre ying I od her - i i wh you id erlier bou how i w bou

wh our lien old you?

A Mr. Coughlin ll I n do i give you my be

reolleion Th reolleion h been reinfored by hing h you hve

id nd done ubeuenly

Q Oky bu erlier you eied your reolleion

emmed om wh your lien hd old you. Cn you ell me wh your

lien old you?

A I hink you

Q Wh you remember bou h

A Im orry ir. I hink your emen i inorre

Q Well i my undernding h erlier you eied

h bed upon your reolleion ren hd no been pid for 4 or monh

nd h hoe reolleion were bed upon your onverion wih your

lien.

THE COT: beieve h wh M. Hi h eied o nd

I hink we n ep h f o le move on

Pe 28


31/158

BY . COUGHLN

Q Okay, so now m asking you specicaly, was his

somethg you cient wote you? Did he give a 4 o month gue? Did

he talk to you about this? Did he mention Apil?

hy say 4 o 5 monhs hy wasn' o monhs How

did you come up with that gue?

HAZLETTSTEVENS Judge, hes aleady testied hat 's

his best ecollection as to what he discussed with his clientThats the issue

hat's aleady been submitted as fact Judge

THE COURT Im going to oveule the obection. Hill, to

the etent possible why don t you answe the question. hat was the basis

that the 4 to months came into play wihout compomising you

attoey/client elationships? Just give me you best answe to that.

HLL y best ecoection is between what the cient

told me, and the email stings that he foaded to me that it had been Api

o ay was the last time that any ent had been paid.

And sce that time thee was lots o obtuse scathing as to

why he ent shouldnt be paid

HE COUR Okay,hank you, Hill Okay M Coulin

BY COUGHLN

Q So ealie you testimony was that it had been 4 o months since any ent had been paid?

A I beieve that 's what I said, si.

Q Oka, b if - now you jus said i was eiher Apri o

ay was the ast time

P 2


32/158

A t time me.

Q ny ent d een pid So, if pti en d een

pid in My, u you eie temen w t ince ny", ten tt would

ke it down to moe like two mon, woudnt it?

HAZESEVENS Judge, I'm going to oect to ti

i i etying ce ' ledy een tied

i i imple mtte of tep. Al e eied o w i

et ecollection to ow muc, o te i fo te eviction. He dutoity t tt poin t' ll t w fo. It' no te tt of e mtte

eted, te tep, nd Id ike o move on, o uetioning, Judge

HE COUR Couglin?

COUGHI YourHonor, I'mnot offeringitforthe ruhof

e mtte eed I goe to i cediility nd Hill - wt I eieve e

elied pctice of pining ting, like pep good toey ould,

ut pining tem nonetele.

HE COUR I'm going to utin te ojection e Cou

eceived infomtion, elevn infomion, tt Hi

gueimted nd given i et eime tht ent d not een pid fo 4 o

5 month, nd it d come fom infomtion povided y i client fom you,

nd we cn move on o te nex uetion Go ed.

BY

COUGHINQ Okay, andyousaidhaanyrent hadbeen paidbefore?

HAZESEVENS: Judge, oection. He' edy

etied to i, d ti i the me line of ueioning.

P 30


33/158

THE COURT: Im no sue is eally elevan. If you wan o

ask a quesion o follow up on ha M Coughlin, go ahead Make you

quesion specc and dec M Hill do you bes o answe ha quesion

Go ahead M Coughn

BY COGIN

Q M Hill do you have any ecollecion of whehe, say,

a paial en had been paid fo May?

A M Coughin, i eay didn mae Ren was moean a doa and moe han a day lae.

COGHLIN: Obecon You Hono

THE COURT You've asked he quesn Youve asked he

queson, and you ae now gong o be suck wih he answe. Go ahead, M.

H.

THE TNE Coulin i didn mae The en was

moe han a dolla, and moe han a day lae Tha s sucien unde

Nevada law o move o emnae he enancy

In addiion, you wee a monhomonh enan a ha poin in

ime

. COGHLN Obecon You Hono Hes oeing a ega

opnon whch I don believe hes qualied o make no have I asked him

o make iT COURT: You asked he quesion I hea he quesion Im

no sue whehe o no you wee a monhomonh enan Thees eally, if

any, legal merit to hetrespassingcase.

31


34/158

I wnt o sty focsed, M Coghin, wih some qestions th

yoe qesioning o cossexminion oviosy cn e diecy eted

o he infomtion nd I give winesses nd he lwyes nd the liignts

et del ofleewy on cossexmintion

Le's keep it elevt and focsed on wht wee tking ot

hee, so go hed

MR COUGHLIN Oky, yes, si, Yo Hono

BY COUGHLIN

Q Yo sid in yo testimony on diec, M Hill, tht he

cient hd told yo tht he tennt ws hode in Agst when he hied

yo?

A I elieve tht topic ws discssed

Q Cn yo povide some moe ckgond on tht?

When tht might hve een discssed nd some specics detiling why h

dignosis ws poeed?

A M Coghin Ive ledy told yo I've ledy

nsweed he qestion

COGHLIN Oecion, Yo Hono. Nonesponsive

TH COURT . Hill, Coghlin hs sked yo qestion.

Im going o diec yo - he's sked the qestion Its fi qestion on

cossexm on wht infomion yove eceived to he conclsion th he

ws hode (indile) nswe tht qestion.

TH WITNSS: The infomtion povided to me t tht time ws

tht M Coghin ws hode

P 3


35/158

subsequently conrmed that with visual obseration ae he

was evicted. The backyard the size of the area that your staff and ae

occupying (inaudbe boh talkng

COUGHL: Your Honor obection. onresponsive

aked you what his cient told him at that time not what he found out later

on.

THE COT: He's now - Coughlin he's now - youve

asked the question. ve asked

Hill to answe it now hes answered it

So go ahead Hill.

THE WTESS t was a six foot fence.

COUG: He's not answering it Your Honor.

THE COURT : Coughlin 've asked h to answer the

question. Let him nish You asked the question.

COUGH Yes si

T COURT: Thank you. Go ahead M. Hill.

THE WTESS: There is a six foot fence aound the backyard

the size that ve aleady indicated to the Cour.

was ll to the top of the fence with tires ca pats dead

steeo equipment dead speakers dead big screen TVs

COUGHL Obection Your Honor asked about August

THE WTESS: Trash.THE COURT M. Coughlin youve asked the question he's

answering i. That s he exact quesion you asked is what infomation he

had to come to the conclusion that you were a hoarder which m not sure

P 33


36/158

how reevant it i to thi cae to a with, bu go ahead and nih that

um it up.

WESS hat compete my anwe.

HE COUR Okay, here an anwer to the uetion.

M COUGHLN aee, Your Honor. dont think it all that

reevan, bu that what Richard Hill doe. He throw up a bunch of

innuendo -

M HAZESEVENS Judge, objecion. f it not

relevant, et move off hat line ofueioning.

HE COUR Coughln, let ay focued You aked a

ueion. He anwered it . et move on to our net uetion

M COUGN He talk about nding crack pipe and -

M HAZLESEVENS Objecton, objecton

(naudible all talking at once)

HE COUR Mr. Coughlin let ay focued. Ak him the

net ueion. Go ahead and ak the ne ueion.

BY M COUGHN

Q So, becaue - wha did in Augut, Mr Hi, now try,

y to keep your anwer ailored to what m aking you, Hill. leae

dont try o go off on one of you tangent.

HE COUR Mr. Coughlin let me tell you omehing ight

now. m giving you a great deal of leeway. dont wan you engaging wih

the witnee in any type of converation any more han 'm allowing

HalettSteven.

P 3


37/158

You hav a righ o ask qusions on crossxaminaion. Go

ad and ask hos qusions o h n hy ar rlvan, I mak

rlings bu s ask him a qusion now don wan you ngaging wih

any winss in any yp of qusioning, any yp of argumnaiv diaib.

So go ahad

COUGHIN Ys, sir, Your Honor

BY R COUGHIN

Q Mr. Hi, if somon had orschs, would hy b

aorsch hoardr

HAZESEVENS Judg objcion. hr is no basis

for ha qusion s irrlvan o his procding, and is spculaiv

COUR Thatobjectionis sustained. It's irrelevant

R COUGHIN don - h subjc of hoarding go inroducd

somhow on dirc

COUR Is irrlvan Mr Hi was askd a qusion

Youv propry answrd bu his basis was o com o ha conclusion, and

now I hink a qusion rgarding somons auomobils and hoading is

irrvan o wha wr alking abou oday, so go ahad and mov on

COUGHN Ys, sir, Your Honor

BY R COUGHN:

QSo

spcically hough, jus as of Augus, as yousid arlir, wha had your clin or anyon old you ha lad you o

bliv, as you sid undr oah arlir, ha as of Augus you had

discussions abou a possibl hoarding diagnosis

35


38/158


39/158

M COUGHN We had 4 or 5 monhs We had hoarding We

had all his prejudicial inormaion and no ha seek o reb i and sho

His pracice and ha he does is irreevan

COURT Okay, nex uesion Mr Coughlin

BY M COUGHN:

Q . Hill are you biing your cien or being here

oday?

M HAZETTSTEVENS: Judge objecion. s irreevan.THE COURT Mr Coughlin ho is ha relevan Ho is i

relevan o he respassing case hich is he nexus?

M COUGN seems inimaely inerined.

T COURT Okay, go ahead and anser he uesion

Hi.

THE WESS No.

THE COURT Thank you heres he anser

THE WESS no charging Dr. Meriss or my ime here

oday.

THE COURT Thank you okay.

M COUGHLN Yes sir Your Honor.

BY M COUGHLN

Q Did you ever have any conversaion ih your clienabou heher his as a commercial enan ha he as seeking o evic?

A don reca ha conversaion.

Pag 3-


40/158

Q Are ou re of hether or not there is n express

prohiition ginst using (inudile eviction proceedings ginst

commercil tennts here the nonpyment o rent is not lleged or noticed

M HAZLETTSTEVENS Judge, m going to oject s tht

clls for legl conclusion for this iess

THE COURT: Well, I dont knowhowit'srelevnt is wht Im

- I understnd ht youre sying, HlettStevens

o is the issue of hether someone is commercil client,or commercil tennt rther, relevnt to this cse, Coughlin

MR. COUGHLN Well, Your Honor, hink its possile tht even

ifthe Cit ere le to estlish tht the eviction order s ppropritely

seved, hich do not elieve they ill e le to do, tht nonetheless, tht

Order ll e void nd tht Judge Serz dd not hve juisdictionl

bss or rendering it nd tht ere is n expess pohiition ginst using

(inudile) eviction proceedings to evict commercil tennts.

Where, s here, in the nonpyment o rent, s not lleged

Despite ht ill might e sing here, hen it cme time to put it onpper nd fce Rule , nd put it to the Cour, Mr. Hill nd Bker

ddn't nt to do tht. he ust sid no -

THE COURT Oky, ou re losing me hen you egin to

rmle on, Coughlin.Specicll, my question s ho is the question s to

hether or not you re commercil tennt relevnt And the more ou

on, he more get - 'm ot n expet n ndod nd tennt, nd

egin to get detched om the issue here.

P 38


41/158

M. COUGHLIN: I undestand Your Honor Thats whats so

nteresting about ths case, You Hono.

THE COURT just want ou to tell me how its relevant.

M COUGHLN: I am Your HonoHE CT . Coughn, us w you o e me how s

reevant.

M COUGHLIN: wil. This is a civ evcton that meets criminal

espass nexus hee. ts elevant n that if the civ evicton order lacks abass, a juisdctona basis for it to be odeed, it s what, unde (b, void.

Therefore to the extent the Cty s trying to say a waing dd exst n that a

notce was posted or it was personally served f its void, thats a legal

mpossibility.

THE COURT: Okay, m gong to aow ou to ask a couple of

questions about you status as a commecial tenant or a residential tenant

(inaudible) om Hill, and r. Hi do ou be o aswe hose

uestions

m trying to give Coughlin a great deal of leewa hee oncossexamination, in the spirit of getting all the evdence for the Cour.

So go ahead, r Coughlin

BY M. CUHN

Q You said you spoke wthyour client n August and wereaware that the tenant was an atoe?

A Yes.

Q Did you have any discussion as to whethe o not the

ease aowed fo the tenant to be pactcng law at that ocaton?

g 39


42/158


43/158

THE CORT Oka, thak ou, . H Cough, ext

questio

R COUGHIN Yes, sir, Your Hoo I appecate the pot of

expertise o askg eadig questios o cross That was soethig I was

ot itedig to do.

BY M COUGHLIN

Q Hi, ou just testied that i August our ciet

ad ou had a discussio as to whether or ot the ease aowed fo acoerca use, is that corect?

A Coughi I eca exag the docuet aost

edate Whethe I had a dscussio or ot with ciet or ot, I

dot eca.

Q I thought ou ust testied that ou did, ad ou two

just taked about how I did't hae a busiess icese Was that ot true?

A No si. No, sr What said was that he foed e

that ou were a atoe At a subsequet tie, we cotacted the Cit ad

ascetaied that ou did ot hae a busess icese.

Q Oka whe ou eteed the propert i Noeber

M HAZLETT-STEVENS Judge, that questo exceeds the

scope of direct exaiatio There is o eidece that he eteed a

propert i Noeber. hat was just ot part of direct at this poit COUR Aight . Coughi Hi, i soe

substace, has tested that he was cotacted b a ciet to coece

eictio proceedigs where ou wee a residet based o a issue that

priar coceed ack of et, ad he bega to futher up o that

Pae


44/158

aoecie eaiohp by iiuig ecio poceedg ad he

aged he mae o Bake hi oce

Tha e ee ofhi coeamiaio of hi dec

eamiaio ahe ad yo co-eamaio hold be limied o he

iformaio raed o dec So m goig o ua Hazlet-See

obeco

T o keep yo iquiy imied o qie fakly he ey

amo of mied ifomaio poided b . Hill hi moig.M. CGHN Ye i You Hoo. ll y o wap hi up

gie a dicae a keep i o wha wa bough p o diec.

BY R. CGHLN:

Q Hill yo aid you commeced a eicio

poceedig o ou had o aocae . Bake do o Wha ype of

eco wa pued?

A iially ou wee eed wih a day faile o pay

e eco oice Ad beee o wee alo mulaeouly eed

wih a -day oice o qui.

Q Wa ha ubeqely wha wa pued?

A do dead ou queio

Q Well ou eied ha a ary eicio ode wa

ubeqely proced b yo oce.A Ye.

R HLETT-STEVENS do go ahead.

THE CRT: y udead i he qeio aked wha

poceedig did he commece ad he commeced a -day faue o pay

Pa 2


45/158

ad believe M. Hill (iaudible) cotemporaeously a -day otce to

quit s tat correct

THE WTESS Tat s correct, sir

BY M COGHQ Ddyour ofce evetually covert tatto ao cause

otce

A Yes tat deciso was made.

Q WyA Because of your atcs We determied tat we were

goig to probably do better ad circumvet a ot of your fabrcated

argumets by goig dow te o cause evictio pat rater ta agglig

wt you over a te ittle petty issues you were rasg ad fabricatig.

Q We you say pet issues are you referrg to avg

te debility issues otces, otice to cure, ad 4-day otices, ad

(audible) statutes

A Wat you call avig debiity issues sr, wic Justce

Sferrazza ultimatey determed dd ot exst ad you did ot prove.

Q So your oce coverted t to a o cause smary

etio otce

A ore precisey, sir, te decisio was made to forego te

ret evictio ad simply do a -day o cause

Q Okay ad if subsequety te teat was cosdered a

commercal teat would tat ot be tatamout to sort of a wrog sde

legal surge

P 3


46/158

A We, dot qute udetad your etapho, But

the fact ofthe atte t wa a edece The fact that you wee egay

coductg a bue thee a de ue ube oe

Nube two, you ddt ae t the Jutce ourt

Q You ay t wa a edece t oed for jut

edeta ue?

A dot hae ay dea,

Q We, why dd you ay t wa a edece f you do'thae oethg to bae that upo?

A That what the eae ad ad thee wa o aw

bue beg coducted

Q The eae ad dd the eae ay a coeca ue wa

acceptabe?

A I dot kow, ough

Q We how ca you tet to what the eae ad fyou

dot eca?

A I gg you y bet ecoecto, ough.

Q Okay ow whethe o ot the eae you ad the t

thg you dd wa you ead that eae

A That ot what I ad

Q We dd you ay oethg ubtatay ar to thateae whe you wee tetg?

A I ad aot certay ooked at the docuet aot

edatey.


47/158

Q ka so ou aer our oce has billed 0 grand

ou aren' sure wheher or no he lease said somehing abou being

comercial use acceable?

M HLETTSTEVENS: Judge hes asked and answered

ha quesion alread. Theres no eidence as o he 0 grand (inaudible).

THE CURT: Yeah ha's assuming a fac no in eidence

m going o susain he objecion

BY M

CUGHLN:Q Did our oce bill aoximael $0000 o

(inaudible)?

M HLETTSTEVENS: bjecion releance

CURT: Susained s irrelean Coughin Ie

addressed ha issue . Hill's nancial arrangemen wih his clien is

irrelean o his resassing case

'm reall no legall ineresed in he amoun of mone he

billed nor receied. hink i's irrelean.

M CUGHLIN: 'm no offering o roe he ruh of he maer

asseed in wha he billed I'm offering i

THE CUR: m elling ou i's irrelean Thas a

hearsa issue wheher i's been oered o roe he ruh and quie frankl

m makng a judicial deerminaion ha his relaionshi wih his clienrelaed o nances is irelean o his resassing case.

So,I'm goingto not allowanyquestions relatedto thatlineof

inquir So le's moe on o our nex quesion

M CUGN Yes sir

Pe 5


48/158

BY N

Q Was e ssue of weter or not te lease allowed for a

commerca use a ver mortant ssue n tat summar evcton roceedng

om wc s crmna resass (naudble)?

A Are ou askng was tat an morant consderaton n

m beng able to underake e assgnmen? e answer s no

As to wat exact ou dd or sad naudbe bot takng

Q No, Im askng ou f t was morant as to weter ornot t was ermssble to ursue a suar evcton roceedng f ts a

commerca tenant were ou are onl aegng non-ament of rent.

HE OU Ifyoucananswertat, MHillgoaead.

HE WINESS: I ddn ear t, and Im no sure tat I can

understand t But f oud lke o t agan, -

HE O Goaeadandrerase equeston,Mr.

ougln Seak loudl and clearl and Hll wll do s best o answer

ta ueston

BY OUGHLIN

Q Was t an mortant consderaton to our oce n te

course of reresenng Dr erlss weter or not te lease agreement

aowed for use of te remses for a commerca use?

A NoQ You are testng tat our oces reresentaton of

Dr erlss dd not nclude a carel consderaton of weter or not e

lease allowed for a commerca use of e remses?

Pa 46


49/158

HLETT-TEVEN Ae an anwere uge. He

ai no

THE WTNE That want the quetion The quetion wa

whether

THE COURT: got three thing going on here, an were

maing an oa eor o let tr to eep it ivi to the extent were able to

Haet-teven ha raie an objetion to the quetion.

Coughlin, o ou want to repon to that?R COUGHLN: Ye, ir Haleteven ai it wa ae

an anwere, beieve?

R. HAZLETT-TEVEN Ye, thee wa an objetion ae

an anwere aer he ai no to the previou quetion, ae ight

ifferentl

THE COURT What'you reponetoM. Hazlett-Steven?

COUGN: t wa eeing lariation beaue wa

urpie to hear no to uh an impoant iue

R. HAZLETT-TEVEN urpie oent overome.

THE CORT: Oa, a a mae of aaton, o the reor

i arie, a the quetion again, an r Hill, let ee if we an anwer

that queton to the bet of our abilit Go ahea, Coughin

BY COUGHLN

Q r Hill, i ou jut teti that ou i not feel it wa

an important onieraton in epeenting our lient to etermine whether

o not the eae in quetion woul permit ommeial ue?

A No, it not important. We were hire to evit ou, an

age 47


50/158

ha was he assgnmen

Q Okay, so f he aw has an express dcae prohbng

he use of suary evcon proceedngs agans commerca enans where

he non-paymen of ren s no aeged o served as an evcon noce, woud

ha presen a suaon where woud be an mporan consderaon?

A r. Coughn, 'm havng a rea ough me foowng

your queson

QOkay.

THE COURT: o ahead and rephrase he queson,

Coughn

THE WTESS: You've made n sma peces

THE CORT Hang on, r H Rephrase he queson e

me e you, 'm gvng you a ea dea ofeeway on cross-examnaon n

faess o you, ad were geng no ssues a reay, reay exceed e

scope of he drec examnaon.

And m wng o gve you a grea dea of eeway, bu a

some pon, he eeway maon comes o an end.

So, go ahead and ask one more queson reaed o hs. Try o

make spec, d hen H w do hs bes o answer a queson

R COUGH: Yes, sr, Your Honor. Jus qucky, m a e

green on hs, bu he opened he door que a b, oo

THE COURT Go ahead and ask a queson, Coughn

BY COUGH:

Q You us esed ha you dd no f wa an

mporan consderaon wheher or no he ease aowed for commerca

ag 48


51/158

se correc?

A Yeah was no ha mportan

Q Oka wod become mportan f or enre case or

e order whch o preped for o cen was vod becase here s no

rsdcona bass for enern sch an order?

A If or presmpons were correc whch he're no

hen wold become mpoan snce o're wron was no

mportanesdes ha o ddn rase

Q Was he fac tha he proper was ben sed for a

commerca pose se forh n he enans afdav?

A I don' know

Q Yo don' know?

A do no reca

Q Yo js esed tha wasn' rased so how cod

o do tha wh a srah face and hen answer o don recall now?

HE COURT: Cohn hes answered he qeson ha hedoesn reca . Yor comens become armenave so les

We're ettn no an area where Im no on o lae n

hs Co he mers of he andlord/enan reaonshp nor the mae

he bass for e evcon

r Hll has esed o a lmed deree wha he's done and f

o have anthn reevan o wha he sad o ahead and ask If no I

thnk wold be a ood me o ermnae or coss-eamnaon ness

o have an other reevan qesons.

P 9


52/158

COGHLIN:

M COGHLIN Ys sir and I apprciat our frstration with

h xtnt to which civi vicion aws is taing up crminal court rsourcs

and thats undrscord in State Johnon

CORT No, lt m tll ou, Coughin You ar notgoing to misquot what Im saing. Im not sratd b that procss a a

Im ust saing ha it bcoms irrlvant in m Court whn ou har his

criminal mar th dtails which happnd in th Justic Court on a

landlord/nant mar and I m not frustrad on bit.M Ys sir

TH CORT: To th xtntmats ar rlvant inthcriminal

cas Im going to har hm but as th gt to b marginall irrvant w

bgin to a up im hats not bs srvd in th Cou

So, if ou hav an ohr dirct rlvant qusions go ahad

and don o pu words n m mouth about what Im thining Than

ou.

M COGHLIN Ys sir Your Honor I apologi

BY M COGHLIN:

Q Hill ar ou awar of a cas calld State

Johnon as 00 Wstaw 454666 whr in som o h pobms

associatd wih cooping a polic forc

M HLTT STEVNS: Judg, Im going to objc alrad

as to rlvanc.

TH CORT Lt him nish h qusion. Go ahad, r

Coughln Go aad and h our qion HaSvns ou c

objct a th appropriat tim

ag 5


53/158

M COGHIN Whereinomeoftheproblemaocatedwth

landlord co-opting a poice force to do civil landlordtenant to a cerain

an eect on civil landlordtenant dpute i dicued at lengh?

R HAZETT-STEENS Judge, I am going to object to

relevance, and there no foundation for the queton in thi cae at all baed

on direct examinaton

THE CORT That obecton i utaned M. Coughlin. I

dont think that relevantR. COGHIN e, ir, our Honor. Im tryng to wrap it up

here wth a quetion or two, our Honor

I think that a I have

THE CORT Thank you M Coughn. M. Hazle-Steven,

any redrect?

M HETT-SEENS Nothing No redirect, our Honor

THE COR M. Hil thank you very much ou may have a

eat Thank you, ir Alrght.

R HE-STEENS Th Cty ca Caey Baker

R. COGHIN our Honor if can, am I too late to nvoke the

rule of excluion?

HE COR Im going to

M HAZESTEENS It too ate our Honor

T CORT No Im gong to go ahead i that a fact? Or

doe the Cour have it dicretion?

M HAZESEENS It It ha to be invoked at the

begnnng of the trial ou cant hamtring one witne and prejudce one

5


54/158

sde b o mdw hrouh e rl. hs o be voed he

be ofrl, Your Hoor

COUR M. Couhl?

COUGHN Mr. Hzle-Sees s very experecedlor hs red, so do hve o rebu h. do ow

wheher hs !he cse or o

COUR O, h ou. Go hed h reues w

be deed.

M Ber, les e ou swo

(Wess dul swo).

HE COUR h ou, M Ber Hve se Alrh,

M. Hzle-Seves, o hed.

MR HAZLSEVENS h ou, Your Hoor.

CASY BAKR

clled s wess, hv bee dul swo,

esed s follows

DC EXAMNAONBY HAZLESEVENS:

Q Good mo. Could ou plese se ou me d

spell our ls for he record?

A Cse Ber, BAKE-R.

Q Are ou emploed, sr?

A Yes

Q hs our professo or occupo?

A m ssoce ttoe Rchrd Hlls oce.

-2


55/158

Q How ong ave o been an atoe sr?

A Sine Otober of 005

Q Oka, and ow long ae o been working wt .

Hill?

A I stared wit . H wen nised law soo in

Jne 005 I was tere fo tree eas e fo abot mons, ame

bak, and been tere eve sne

QAnd wat's

or wat ae o dies as an assoate

atoe a te aw Oes of ard Hill?

A Wen Hill assis me ases, ande tose ases to

e best of m abii. de some of te intake for new ases if te ient

ontats o oe or ontats me diretl and . Hill s not available

I assst M H wi some of te ases es andlng

Q Oka, tank o And do part of or dies entail

andord/tenant law?

A es

Q Wat poion ofor ase aw or o ase load dealswt landlord/enan sses, do o know?

A It varies Geneall speakng wen landlord/tenan

ases ome nto or oe, te nd ter wa to me

QOka

A Dr erisss ase opied a sbsanta amon of m

time for te past seveal monts

Q Oka, wen abot did o ge wee o assed a

ase assoiaed wi Dr eriss?

P 3


56/158

A Yes

Q Ad is tht cse ssocited wih the ddess of 121

ive Roc Seet?

A Yes

Q Is tht i Reo?

A Yes.

Q Whe bou wee ou ssied to hde h cse?

A I believe t ws the ed of Auust 01 1 .

Q O d wht ws our sime? Did . H

come o ou d ssi h cse o ou?

A Evc Couhli.

Q O o. Dd ou iiie proceedis to evic M

Couhli om th esidece?

A I dd

Q How did ou o bou doi tht?

A I ws m udestdi tht here ws et due ps

due om . Couh.Q O

A Aer evew the ese so detemed ht

Couh w moho-mo e becuse his ese hd expired.

QO

A I beieve i Febu of 20 1 1 Ude hose

circumsces d i ths cse ee prcice is o be both poceedis

-d p o e out proeed d 30d o cuse. hs wht did.

Pg 4


57/158

Q So you did both of hose simulaneousy?

A Correct.

Q Okay, did you e these papers did you sere these

papers on the rsidence a 2 Rver Rock?

A The way t works the answer to the queston is yes.

Q How does it work? Do you aso e something

Cour? Is at when you do that simutaneousy?

A The way works is you have the notices sered rstQ Okay

A For instance with the day pay or vacate notice the

tenant then has ve days to come down and ommence the proceeding in the

Justice Cour by ing an Adavt.

Q Okay

A Thats sor of what Coughin did

Q Okay, and eventuay this case wound up in Justice

Cour, correct?

A That's correct Coughin contested I beieve hecontested both matters.

Q Okay

A We had a short heang with Judge Sfeaa on the 5

day nonpayment issue

reca

Q Okay when was that hearing? Do you reca? f you

A That was eary October

Q Okay, go ahead.

P


58/158

A We baced off of that

Q Oay

A Becase Coghin was as Mr Hi stated he was

fabricating a these isses We didnt want to dea with that

Q Oay

A We decided the path of eas esstance, I beieve is he

term we actay sed in one of o peading papes, was to spy set that

aside and contine with the 0day no caseQ Oay

A And thats what we did

Q Oay eventay that 0day no case eiction wond

p before a jdge in the Jstice Cort coect?

A Jdge Sferrazza Or hearing on that or rst hearing

Q Oay

Pa 6


59/158

A When Mr Coughin ttemped to rise those issues

Q Yes

A Judge Serrzz got into the sttutes nd the sttute

requires tht i enn s going to ssert deense bsed on hbitbii

then the ennt is requred to deposit rent nto Cou mntned escrow

ccount in order or hm to proceed with those deenses

Th ws he order tht cme out otht hering.

Q Oy, so October 1

Judge Serrzz sys " youwnt o ddress the hbitbty ssues you need to deposit you need o

escrow certin mount o money in order to even hve the biiy o

ddress those issues.

s h bscy wht hppened

A Th s coec. nd Judge Serrzz her ordered i

Mr. Coughin were no to deposi tht money the evcton woud be grnted

Q Oy did Mr Coughin depost h money

A No he didn't

Q Oy ws there nother herng pursunt o your no

cuse eviction

A Yes.

Q When did tht occurA Tht occued on Ocober 25

THE COT: 'm sorry

H WNESS October 2

COT Thn you

ag 57


60/158

B M HZLETTSTEVENS

Q A ca youut briey give the Cou an overview of

wha actuay happee at he October 25th hearig

e he purpoe of he October 25 hearig wa to

aow Cough to ubanae efee he ha ae he Ocober

Q Regarig habiabiity

CorrectQ Go ahea

So, he ug wa hat if Cough put he moey

ito the ecrow accou, he were goig o be back o Ocober 25 a he

ca attempt to ubantiate he efee a that time by phyica eviece

Q Okay

We ha a hearig o October 25h tha took a ay t

he e ofthe hearg, Juge Sfeaa too a hot brea, he he came

back ito the Couroom where he anouce hi iig a act,

Cocuio of aw, a grate he evictio

Q Okay, wa Mr. Coughi preet urig that etire

poceeig?

e, he wa

M

COUGHN: Obectio, our Hoor, reevacyM HZETSTEVENS Juge, it goe to oice

THE COURT: t oe go to otice, Coughi

M COUGHN: Notice i crimia aw ee or civi aw ee

a evcto

ag -8


61/158

E COR Well, m gong o ell you gh now, goes o

noe n he mna law sense as o whehe o no you had noe of he

evon orde beng eneed

Tha's vey elevan, and 'm gong o aow ha eson o

be ased and answeed

M COGN Bu noe n a mna law sense enas an

analyss of whehe he vl noe and seve ules wee se foh suen

o ssue a legmae wngTE COR n hs ase, he ssue one of he ssues n hs

ase s whehe or no you had noe of he evon ha was umaely

sondsle was ordered by Judge Sferrazza, and so 's a de mporan

ssue n he ase, and so m gong o allow ha ueson o be ased and

answeed

BY R LETTSTEVENS

Q r Bae, was . Coughn pesen dng he poron

ofhe heang ae Judge Sferrazza reued o he Couoom and graned

he evon?

A Yes, he was. e was sng a he same able hes

sng a now on ha sde of he Couoom.

COGLN m soy, You ono, f ould us uy

nee Youe no mang a ulng s us f an la, on he ssueof seemed o me, s ha you sad s relevan, bu ddn' seem

neessay you made a law of he ase or a rulng o say, a wang s no

based upon a vl sandad of seve of an evon noe Tha s sl a

maer has up fo agumen

P 9


62/158

Tha'swhereweareightnow.

COUR y uln was s ha aleSevens ased

a ueson ha was eevan and o a eevan answe, and m no man

any ulns on anyhn exep he fa ha he answe was you wee pesen

n he Juse Cou when Jude Sfeazza made a un

M COUN Oay han you, You onor

CO

BY R AZLESEVENS

Can you please desbe wha

Couhln was

aually don n he Couroom whle exuse me, Jude Sfeaa

wa ssun hs uln?

A e was sn a he same abe hes sn a now

Oay

A An sn ba n hs ha and lsenn

Was he enaed n lsenn o he Jude?

A e was lsenn e was no an noes now ha

beause laned ove e wasn an noes

Oaynaudble onvesaon)

M AZESEVENS ay I appoah he wness, You

ono?

E COUR You mayBY M AZLESEVENS

Bae, an you ae a loo a ha doumen? s

been mared as Cs

A Oay

ag -6


63/158

Q Do you eoze ha doumen?

A Yes

Q lease ell he Cou wha ha doumen s

A Ths s he Evon and Deson Order sgned and

ssued by udge Sfeazza on Oobe a 8 pm

Q And s here any ndaon n ha Ode ha he

evon was ganed?

A Yes

Q Oay.

A And s n CAS. The s lne, he s wo wods of

he seond senene ae he deson

Q And when does announe ha he evon s

eeve?

A Effeve Oober 0 , a 00 pm

TE COURT You sad m soy Oober ?

TE WESS: Oobe 0 a 00 p.m.

TE COURT Than you

BY R AZLETTSTEVENS

Q Now dd . Coughln eve dung ha long a day

poeedng move fo a say ae dge Sfeazza announed a he

evon was ganed?

A beleve he naudble).

Q mmedaely?

A Yes.

ag 6 1 -


64/158

Q And does he Ode ha youe hodn announe ay

deson on whehe he say s ehe aned o dened?

A Yes,he las lneofhe deson says, "Tenan's vebal

moon o say, dened.

R. HAZETTSTEVENS: Thank you. You ono, h Cy

moves o adm whas been maked as Cys , and move ha no

evdene unde 0b . Thas a eed publ doumen, a self-

auhenaed doumen, udeTE CORT: Couhln, any obeon?

M COGN: Relevany

TE COURT: Okay, hnk s vey elevan, and he obeon

s oveuled, ad Cys Exhb No wll be admed no evdene.

M AZETTSTEVENS: Than you, You ono

BY R. AZETTSTEVENS

Q Now, dd Jude Sfeaa ode anyhn else n ha

poeedn ae he aned he moon o he evon?

A Yes.

Q Wha dd he ode?

A A ha pon, when he Jude announed hs Fndns

of Fa and Conlusons of aw, oeed, "Jude would you lke me o

pepae he ndns of a and Conluson of aw and Ode foEvon?

offeed ha beause ha s usomay, and beleve hee s a

ule n Ds Cou hnk s Rule 9 ha he pevaln pa pepaes .

ag -62-


65/158

M. Cohln obeed, and sad he waned o pepae hs own.

A ha pon, Jde Sferazza sad, "ne, yo ys eah pepae one e

hem o me by noon on hsday, he 2\ and I wll sn one a ha me.

Q Oay, and dd yo o abo pepan yo ndns ofas, Conlsons of Law, and Ode of Sary Evon?

A Yes, I dd.

Q So Jde Sfeazza, we ddn' eally e no hs,

aally eneed ndns ofas and

Conlsons of Law on he eod as

he was annonn hs deson?

A Yes he dd.

R AZLESEVENS Yo ono, may have hs

maed Cys ?

E COR Yes.

nadble dssson).

E COUR Why don' we do hs Js o ahead and mae

AZLESEVENS Yo now, Yo ono, m happy

o povde opes. aally have exas

E COUR efe, han yo, aleSevens.

AZLESEVENS Ceanly

E COUR hese wee pevosly povded n dsovey?

AZLESEVENS hey wee pevosly povded n

dsove.

E COR Well, well ve hm anohe opy oday so we

have a opy ea, han yo vey mh, M. aeSevens.

E COR Ceranly, Jde

-63


66/158

AESEVENS Your onor may approah

as Cy's 2?

Q r. Baer an you ae a loo a whas been mared

A Oay.

QA

Do you reognze ha doumen?Yes.

QA

Can you pease e he Cour wha ha doumen s?

hese are he Fndngs o Fa Conusons o aw and

agan?

E CO Yes

BY ALESEVENS

Order or Sary Evon ha prepared ollowng he Oober 2th,

2011 hearng.

Q Do you rea when abou you prepared ha doumen?

A beleve was on he 26th

Q Oay

A Beause Judge Serrazza waned on he 27thQ Oay dd you prepare ha on your ompuer?

A Ys.

Q Dd you send a opy o anyone? ould eher be o

emal ma or any oher orm ohs malng?A sen an orgnal down or a opy down o he

Courhouse o Judge Serrazza

Q Oay.

Page 64-


67/158

A beleve I sent a membe of ou staff to tae t down

Q

sts today?

A

Q

A

QA

Sferraa

Q Im gong to det you attenton to page ve of that

doument

A Oay

Q And an you please desbe what's at th botom of

page ve?A That onappoxmately lne2 1 that'swheet begns

the ode fo summa evton

Q Oay d on e next page Im gong to daw your

attenton to page sx, s thee a date thats gven fo the evton the na

evton?

A Yes what I ped was that Coughln ths s on

ne M Cohn was o be o he Shef was o emove anyone found

thee by no late than Otobe 1 0 Judge Sfeaa made some

Pa -65-


68/158

(naudbe) whee he oed ou "ae and woe "eale And he alo

added "a 5:00 pm And udge Sfeazza naled h hange hee

AZESVENS he Cy move o adm wha

been maed a Cy 2 agan unde 52.25, no evdene COUR M. Coughln any obeon

COUGIN No You ono

COUR Oay han you Cy No. wll be

admed no edene. ha you

BY AZESVENS

Q So ha doumen auay gave a dae ofhe evon

ae whh a oe

A ha oe

Q Ae whh Coughln wa no longe allowed o be

hee a oe

A ha oe.

Q So he Fndng of Fa Conuon of aw and

Ode of Evon found n you favo M el favo ahe and he

dae of evo wa a of Oobe 3" a 500 p.m oe?

A ha oe ha wha we announed n Cou and

pu on a ndng of Fa

QAnd ha Ode ad ha anyone hee ae ha dae

oud be emoved ha oe?

A ha wa e ommand gven o he She.

Q "Sha be emoved.

A Ye

P 66-


69/158

Q Did you sere ha doue o M Cou i ay

fashio A Noie of Ery of Order or ayhig lie ha Or ha

sered by he Cou o him

A he ay i os is he Cou - aer he Cour eers

he Order he Cor forards i o he Sheif

Q Oay

A d he Sheriff goes ou ad efores he order

Q Oay o m goig o dra yor aeio o he daeof Noember 3t 0

HE COUR ha as ha dae agai

HZESEVENS Noembe 3 0 Yor Hoo

HE COUR Oay gie e us a seod osel

HZESEVNS: Ceraiy Judge

HE COUR ' maig some oes hee regardig some

daes

. HZESEVNS: Ad m goig o ihdra ha

uesio Your Hoor so if you do a ojo ha oe do you do

have o a his poi

HE COUR Oay looig a somehig ese oay. Go

ahead ha you ouse

BY . HAZESVNSQ goig o dra your aeio o he dae of

Noebe 1 st 0 . o you real ha you ere doig ha day

A es as aually o ofork ha day as a home

Page 67


70/158

Q Okay.

A But I was bascay on standby because I knew that the

eviction was going to happen.

Q Okay, and didyouactuallyeventually respondorhave

to come to the area of Rver Rock?

A Yes.

Q Why?

A The way it works again Im sorry to keep dong this

Q Pease please pease you ae educatng us a.

A You have to wait for the She to contact you

Q Okay.

A The Sherfs Deputes ae sent out with several of these

things on the days that they do them howeve they do them every day You

can ty to shoot for a specc tme but you are at the mecy of the Sherfs

Deputys schedule. Some lockouts take longer than others. They y to give

you lead tme.

I had spoken with the Sherifs Deput aleady I beeve on

Friday the

Q Okay

A I believe. It was eithe that or I contacted him on hs

cel phone But I came back in (inaudbe) do the ockoutsTHE COURT Im sorry?

TH WITNESS I came back in so we could do the lockout to

meet the Sherifs Deputies at the popey ae the Sheif cas.

Q Okay and so you actually did go to 1 1 River Rock?

age 68


71/158


72/158

The Sheriffs go i They cler he propery mke sre obody s here

The ey cme bck o d hey pe i o he door

Q Oky d yo sid he locksmih ws here oo?

A Correc

Q Wh did he locksmih do?

A he locksmh his rs sk ws o ope the fro door

Q Oky

AAer

he did h d erhe

Sherff clers hepropery he he chges he locks rekeys he locks

Q Oky

A O he fro door d he bck door

Q Oky d wh did he were here ew keys

ssoced w rekeyg he locks?

A es

Q Wh dd the ocksmih do wh the ew keys?

A Ge hem o me

Q OkyA I ws eiher me or Sherry Hill who ws lso wih me

from my oce hik he ge o me

Q Im so?

AI hk he ge hem o

me

Q Oky d so hs he old keys h were formerly

ssocied wh h ock wold o loger work is h correc?

A h s my dersdig

0


73/158

Q

door?

A Coec

roer?

Q

A

Q

Were here n other doors, entry doors, ino he

here were no oher oside en doors

ow, dd o do o ec wheer he Sher

execed n oher docmens whie he ws here? An Advi of Sericeo ning ke h, do o ec?

A I don now

Q So, is or esimon h he Sher s Dey osed,

ed on he on door, his ge indings of c nd Conclsions of

Lw hs lred been dmied ino evidence, he Ciy s ?

A Ths correc

Q Ok, did he os i on he fron door nd he bck

door? Or s he on door? Do o recl?

A s he on door

Q O

HAZLETTSTEVENS: o rher qesions for his

winess, Yor Honor

THE CORT Algh, hnk oM. Coghlin, n esions on crosseminion?

COGHLI: Yes, sir, Yor Honor

Pae 7-


74/158

CROSSEXAMATION

BY MR COUGHLIN:

Q oo aeoon, M.Baker. Youust testethatthe

Orer sas that the tenant shall be remove at some point, s that orret?

A ont thnk that was m testmon think m

testimon was that the Orer ommans the Sheriff to remove whoever he

ns there

QAn b Orer, ou mean this one that ou prepare an

uge Sferrazza signe?

HE COUR Let's refer to the ouments that we have in

eviene believe, r Coughlin, ou are referring to Cits Exibit 2. f

that's not orret let me know fit's on the reor, t's lear hat makes

spe referene to ouments that are neviene.

R COHL Yes, sir, Your Honor

HE COR o ahea an ask that question

BY COUHL

Q So, that woul be Exhibit 2 Finngs of Fa,Conlusion of Law an Orer for Summar Evition.

D ou earlier testi to e effet tat in hat oument there

is essentiall a omman to the Sheriff that the shall - the tenant shall be

remove?

A beeve that was approximatel how paraphrase

Exibit 2 when hane it bak to r HazlettStevens, es

Q Oka, an ust for point of referene, o ou - where on

page six, line 2 one, sas, t s hereb orere, ajuge an eree as

Pag 2


75/158

follow, ha he Sherff otable of eo owhp o oe of he duly

auhored age be ad hereby dreced o emove each pero ad evey

peo foud upo or wth he etal u locaed a ve ock"

A No, I do o ee ha do o have he docume

frot of me.

Q Okay, we ha -

H OU Leme askyouhis. Wouldithep, Mr Baker,

f! gave you le me do h o were vey clear.M. OUGHIN You Hoor, I have aoher copy.

H OU No, that's fne. Goahead, andheoriginal,

y hb 2 e gve to Baker o he ha referece to ha

docume. hak you, r

Now, doe ha hep to awe he queto, M Baker

H WINSS Wha wa he queo a I (audbe he

r paaaph

H OU: He eetally ead verbam the r paagaph

o you, ad aked f ha wha he documet ad hat coec, M

oughl

M. OUGHLIN Ye, r, You Hoor

OU Okay, thak you.

H WINSS I do have you queo md, bu o heete he Judge ay youve ead the r paaaph o page -

BY OUGHLIN

Q Okay, ad wa ha what you wee eferrg o whe

you eed earler abou laguage volvg hall be emoved"

73


76/158

Dos i say ayhing in ha paraaph about waning o

Or wihin h nir Ordr, or wiin any rva

documnaion invovd in his procding orh vicion ordr

A You man a wing in addition o wha JudgSrraa od us a h haring?

Q W, m no rfrring o h haring jus now. m

rrring to h noic ha you say was postd - ma, this documn -

Ehibi ha you say was posd

And gahr you biv hat fcuad srvc ofi. m

asking you, is hr aything wihin his ha spaks o a wing to av

simiar o wha is ound in RC , h spass scion o h Rno

uni Cod?

A don know h Rno uni Cour h uni Cod I

hink h bst can do o answr your qustion is o say a in th

inroducory paragraph on pag on, rcis ha on pag 21 ha you wr

prsn ad procdd in propr prson a th wo harings rrncd on

ha pag, Octobr 35th ad - cus m, Ocobr 3 and Ocobr 5 don s big ashing rs ha say waing on hr, i

has your qusion

Q Okay, so your saying thrs nohing in hr hat

a 4


77/158


78/158

TH COUT: This wess ca aswer a quesi ha es

he ulimae leal cclusi Ill make ha deermiai s ha

bjeci s susaed

M COUHLI Yes sir, Yur HrBY M COUHLI

Q Yu sad yu did sere ay ice f r fOrder

f hib 2, he Fds f Fac, ha yu prepared ad ude Sferrazza

sed?

A We prbably did aerwards. Bu I dd fr he

lcku, I d hik aybe

Q Okay, befre he lcku, did yu ever ma, r aye

w yur raia, mail r herwise perfrm csrcive servce uder

CP 6 f his Order?

A We i hese prceedis (iaudbe by usice Cur

rles, he rues f he iaudibe. Thas umber e.

umberw, I d w whe my ce received a sed

cpy S, I d - I ca e yu as I si here day wheher we se a

ce f Alhuh, I ca ell yu, has my pracice, especially i

yur case, mmediaely sed a ice f ry.

Q Okay, ad yu sad hese prceedis his summary

eviciprceedi, which ude Sferrazza

as characerized as a rial, ha

wuld be recveed Ocber 25 bu yu sad hse prceedis/rial

are veed by he ules f Civil Prcedure, CP?

A irs, dd say se prceedisa dd

say ha wrd Yu said i. Ad yes, hese prceedis, hibi 2, were i

76


79/158


80/158


81/158


82/158


83/158

So yo ave to eiter personally and it to te paty wic

will establis later was not done and believe is testimony was to te

effect tat no one was tere.

So if yo don't get tat te law says RCP 6 - 4 and 6 it

says yo ave to sbstitte serice. tin some people ca it constctive

seice tee days for mailing.

THE CORT: To te extent tis witness is abe to answer wy

dont yo as te witness tose pe of qestions. I tin yo can - HETTSTEVES: And Jdge I'm going to intepose

THE CORT o aead.

HAZETTSTEVES y objection for lac of a better

wod ere. 'm not ting to pove tat an eviction - tat an eviction

Findings of Facts and Conclsions of aw ws propery sered on

Defendant. Tats not my obligation as a criinal prosector in tis case.

y obligation is to sow notice tat e was evicted and ife

was bac on te property I don't tin tey're reevant wat ind of seice

actay appened weter its prsant to evada Rles of Civi

Pocedre te andlordTenant aw or les applicable to te stice

Corts.

So for te record tats my objection.THE CORT Tan yo Wy dont yo focs yor inqi

on some of te areas yo raised wic yo sod be abe to ave answered

in two or tee qestions of tis witness to te extent es able to answer

P 81

7/28/2019 6 18 12 0204 26405 Ocr CR12-1262-3059269 Transcript Criminal Trespa

6 18 12 0204 26405 ocr cr12-1262-3059269 transcript criminal trespass testimony rg hill cd baker rmc...

Documents