bernath ro ftr 5.25.14
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IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF WASHINGTON
DANIEL A. BERNATH,
Petitioner,
vs.
JOHN LILYEA,
Respondent.
)))))))))
No. C140741RO
TRANSCRIPT OF PROCEEDINGS
BE IT REMEMBERED THAT, the above-entitled matter
came on regularly for hearing before the Honorable Thomas
Raymond Rask, III, Pro Tem Judge of the Circuit Court of
the County of Washington, State of Oregon, commencing on
the 29th day of May, 2014.
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APPEARANCES:
APPEARING FOR THE PETITIONER(S)
Daniel A. Bernath10335 SW Hoodview DriveTigard, OR 97224ussyorktowncvs10@yahoo.com
APPEARING FOR THE RESPONDENT(S)
Roderick A. BoutinBoutin & Associates5005 Meadows Road, Suite 405Lake Oswego, OR 97035503-601-6800rodboutin@comcast.net
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PACE REPORTING503.655.4183
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Witness Index
D X
For the Petitioner:
John Lilyea 31
Daniel Bernath 53 60
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PACE REPORTING503.655.4183
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P R O C E E D I N G S
THE COURT: Daniel Bernath, Petitioner, and
John Lilyea, Respondent, Case Number C140741RO.
MR. BOUTIN: Good morning, Your Honor.
THE COURT: Good morning.
MR. BERNATH: [Indiscernible] over there.
THE COURT: Yes, that's right.
MR. BOUTIN: Good afternoon, Your Honor.
Rod Boutin representing Mr. Lilyea, Respondent. And I have
two preliminary motions.
THE COURT: Okay. And I understand your
client will be appearing by phone, correct, Counsel?
MR. BOUTIN: That is correct.
THE COURT: Okay.
MR. BOUTIN: We are advised by the clerk to
stand by before we got him on the phone, so we haven't
called him yet. Perhaps we could deal with preliminary
matters first.
THE COURT: Did you want to proceed without
your client -- That's fine, if you're fine doing that, we
can deal with the preliminary matters first.
Petitioner, Mr. Bernath, I want to just
confirm, you're representing yourself, correct?
MR. BERNATH: Yes. I'm a California lawyer,
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PACE REPORTING503.655.4183
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and I will advise myself on any issue of Oregon law.
THE COURT: All right. So why don't we take
up your preliminary matters, Counsel.
MR. BOUTIN: Preliminary matters are
twofold, Your Honor. Both of them are motions to dismiss
this proceeding.
One of them, the basis for one is that my
client is a resident of West Virginia. And by offer of
proof, we can put him on the stand if necessary, but it's
recited in the petition in this case that my client was a
resident of West Virginia, we'll accept that as true, as he
is, and my client has never been in Oregon. He's not
subject to the jurisdiction of the Court.
So that would be the first basis to dismiss
this proceeding, the Court does not have jurisdiction over
Mr. Lilyea. Never having been in Oregon, he's not subject
to the jurisdiction.
The second is whether -- in order to proceed
and have relief under the statute, Mr. Bernath as
petitioner needs to be a resident in this county, it being
accepted by his allegation that Mr. Lilyea is not a
resident in this county.
I have for the Court a copy of a declaration
Mr. Bernath filed two weeks ago in Clackamas County Circuit
Court, Case Number CV14040431, but I'll hand the Court this
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PACE REPORTING503.655.4183
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copy of his declaration as well as the 500 pages of
exhibits that were filed with his declaration, and draw the
Court's attention to the following specific points, which
go to the issue of whether or not Mr. Bernath is a resident
of this county and therefore eligible for relief sought
here today.
On the beginning of the second page --
excuse me, of the second paragraph of the first page,
Mr. Bernath makes the statement, Defendant -- and he is the
defendant in this proceeding in Clackamas County Circuit
Court -- this is his motion to quash service of summons
made in Washington County.
He makes the statement in his declaration,
"Defendant lives, dwells, his domicile's in Florida." I
direct the Court's attention to page 2, he makes the
statement, this is at line 31, "I am a natural person. I
reside and am domiciled in Fort Myers, Florida. Florida is
my home and my domicile."
On page 37 -- line 37, that same page too,
Your Honor, he makes the statement, "I have lived and been
domiciled in Florida since November 3, 2013, approximately,
by relation."
Direct the Court's attention further to line
60 -- 59, 60 on page 3 of the declaration. Mr. Bernath
makes the statement, "I come to Oregon to wrap up little
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PACE REPORTING503.655.4183
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matters here after my domicile here ended," referring to
his ending his domicile in Oregon.
And on page 14, line 232 to line 235, he
makes the statement in his declaration, he says that he
served a dwelling in a domicile, Fort Myers, Florida
resident, by substitute service on an unidentified person
at a mailbox inside of a shipping store -- and this is the
operative phrase of this awkward sentence "-- 3,000 miles
away from where I dwell."
This reference is to substitute service that
was made in this Clackamas County case. Mr. Bernath's
mailbox drop in Tigard that he was using at the time, but
his statement is that that mailbox drop is 3,000 miles away
from where he dwells. And that's lines 232 to 235 which
appear on 14.
So the point of which is that he's not
entitled under the statute to proceed in this court on this
matter if he's not domiciled in Washington County.
Two weeks ago, he filed a declaration in
Clackamas County Circuit Court to quash service, saying
[indiscernible] places that he's not domiciled here, he's
domiciled in Florida. So on the strength of his
declaration, I move the Court to dismiss this proceeding.
THE COURT: Okay. And, Counsel, you may
proceed with your response.
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MR. BERNATH: Thank you, Your Honor.
Just as Counsel didn't know where to sit, he
didn't read Oregon Revised Statute 124.010 (3) which states
moving does not affect [indiscernible]. In order to
petition for relief under the Disabled Persons and
Terrorized Act, he is not effectively the only person or
person with a disability that has left the residence or
household to avoid abuse, and that's what we have done.
Lilyea says that he is in West Virginia.
Either he or his agent is terrorizing me and my family to
the point where my wife has heart palpitations, and I've
broken down in stress related shingles.
But on 3/16/14, there was a knock at my
door -- This is after Lilyea began his terrorism -- no
one's there. I see bushes moving. At 3:50 the same day, I
get to the door, there's no one there after a knock, no
message, no deliveries. Sunday, I see the bushes moving.
5/11, the same.
5/12/14 at 1:29, I hear a knock, no one's
there. I later in the day hear a knock on the glass, it
was a light knock, knock, knock. 5/23/14 at 1:15, I hear a
loud knock at my front door, look out, there is no one
there. I get a phone call from his agent saying he's going
to get me. He hangs -- I hang up on him, he has a -- he
calls me back.
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PACE REPORTING503.655.4183
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Through his abilities to -- He is in Oregon.
He's contacted the National Veterans of Foreign War, they
have me expelled. Lilyea has contacted the local VFW post
in Tualatin to have me expelled, he contacted KGW
Television, city, Portland.
He contacted The Oregonian reporter Bryan
Denson, the crime reporter, who forwarded me with 10 to 20
emails about my fraud he's going to publish tomorrow, what
have you got to say. And Lilyea comments, we're ready to
go live on Bernath.
Oh. He contacted Lars Larson in Portland,
Oregon, and they called me a fraud on the local TV -- radio
show, TV or radio, and then they went nationwide and called
me a fraud and terrorized me there.
They had a WANTED poster published in the --
Lilyea and his agents said they're going to put those
posters --
I haven't finished, Counsel. Would you sit
down till I finish?
They blurted out --
MR. BOUTIN: Your Honor, the issue at this
point --
[Indiscernible].
MR BERNATH: -- WANTED posters around --
THE COURT: Hold on.
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MR. BERNATH: -- the City of Portland.
THE COURT: Hold on. Petitioner, let me
stop you for a second. I appreciate you feel strongly
about what your contentions are as to why you filed the
restraining order.
What I want to focus, though, your argument
on, so what we're hearing now is just a preliminary matter
of jurisdiction and domicile, so I want to focus on that.
MR. BERNATH: Okay. Could I speak to that?
THE COURT: Yes, you may address that.
MR. BERNATH: Okay. As the Supreme Court
says, I can be a resident of many places but only domiciled
in one. So I'm domiciled in Florida because that is where
I intend to remain, however, I'm also a resident of Oregon
and other states as well. So that does not deprive me of
jurisdiction to protect myself under the statute.
And then the statute that I read, the right
to petition does not -- my rights under the statute does
not change if I escape to stop the abuse.
So that would be my comments, Your Honor.
THE COURT: Well, let me ask a few questions
about what I see in the petition. I want to verify some
things, and we'll maybe hear some more argument.
But, Petitioner, on your documentation, you
indicate you're residing in Washington County, and you list
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PACE REPORTING503.655.4183
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an address.
MR. BERNATH: Yes.
THE COURT: Are you currently residing in
Washington County at that address?
MR. BERNATH: Yes.
THE COURT: Okay. And this -- And how long
have you been residing at that address?
MR. BERNATH: Since 1994 or '95, as well as
other places.
THE COURT: And you've been continuously
residing at that address?
MR. BERNATH: No.
THE COURT: When you say "other places,"
what do you mean? Explain to me how often you've been
there, let's say, in the last year.
MR. BERNATH: Let's say nine to ten months.
THE COURT: And you allege in your petition
that the events surrounding why you believe you're entitled
to the continuation of this restraining order, all the
allegations you make relate to what happened at your
premises where you were residing in --
MR. BERNATH: Yes.
THE COURT: -- Washington County?
MR. BERNATH: Yes. Although, in all 50
states --
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THE COURT: I'm just talking about what's
happened here.
MR. BERNATH: Yes.
THE COURT: Let me just -- so the -- Okay.
The other thing I noticed on the petition, you acknowledge
that the respondent is residing in West Virginia, that's
what you put in your petition.
MR. BERNATH: I don't know, but still,
either he's been here or he uses agents here. That's
something you can ask him.
THE COURT: But on the petition you filed
with this Court, you list that Respondent is a resident of
Mineral County, State of West Virginia.
MR. BERNATH: Well, I would move to amend
that because I took that information and belief, and I had
no personal knowledge that he lives there.
He made a motion that he not appear here
because he had to be close to his medical team, and then he
went -- he travelled to Washington, DC. So I don't...
And then a judge in Montgomery County,
Maryland said that he had lied in his testimony, so I don't
think that we should take anything he says at face value
based on [indiscernible].
THE COURT: Well, I'm just talking about
what you filed with the Court.
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MR. BERNATH: Well, I would amend that to
say that upon information and belief from somebody that a
judge in Montgomery County called not truthful.
THE COURT: So --
MR. BOUTIN: Your Honor, I would like to
object to that reference.
THE COURT: So noted.
MR. BERNATH: I'll present that, what the
judge said in Montgomery County.
THE COURT: Well, we'll cross that bridge in
a little bit.
What I want to make sure of is the
allegations that you're referring to, the knocking on the
door that you talked about earlier, you believe that was
the respondent here in Washington County knocking on your
door.
MR. BERNATH: Yes.
THE COURT: And your testimony you're going
to present is that you physically saw the respondent
knocking on your door?
MR. BERNATH: No, I didn't see anybody
knocking on my door.
THE COURT: Okay.
MR. BERNATH: But looking at ORS 124.020 9
(c), the contested hearing is not limited to issues raised
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PACE REPORTING503.655.4183
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in the request for hearing form. So apparently I can amend
that form, and I would now amend it to say, upon
information and belief from John Lilyea, who other people,
not me, has said is untruthful, I would now amend it to say
John Lilyea says he's a resident of West Virginia.
THE COURT: Counsel, was your client served
with this restraining order?
MR. BOUTIN: My client was served on April
19th by the sheriff in Mineral County, that is correct,
Your Honor.
THE COURT: Sheriff of which County?
MR. BOUTIN: Mineral County, West Virginia.
MR. BERNATH: I also want to make a motion
that this is so detailed that I would request that this be
a noticed motion so that I could refute all these sudden
things that he threw at me.
This doesn't seem at all like a due process
of law, in compliance with, because he could have told me
all these things weeks ago when he asked for the hearing,
and now he's bringing it up. And I'm sitting here tap
dancing, trying to help the Court make a decision. I think
we should have a noticed motion.
THE COURT: Well, I do want to address that
issue, because I think that's an important point.
And, Counsel, I do want to address that in
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terms of -- I mean, I appreciate these are expedited
processes with the fact document, the way things normally
go, but I'm concerned that both sides -- I mean, I've not
been -- I've not received any pleadings from you, and I
don't know that I assume you're filing any in these
motions, but that would be helpful for the Court to see any
law that you think is applicable that would apply that
might be helpful to give the other side a chance to
respond.
And I am concerned about hip-shooting an
issue that the Court doesn't see very often in terms of
jurisdiction and in terms of domicile versus residence.
And to the extent that the petitioner may
have a point, you can be domiciled in one place and reside
in others, I'm sensitive to that issue. And, I guess, why
don't you let me know, I'd like to hear from you on what
did Petitioner get in terms of notice about this motion, if
any?
MR. BOUTIN: As to whether or not this is a
matter of surprise, the Court should have in the Court file
the opposition. We initially filed a motion for appearance
by telephone, creating a record that Mr. Lilyea has
advancing ALS disease, difficulty standing, difficulty
walking.
I will advise the Court that he can stand as
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long as he doesn't move. If he seeks to ambulate around
his house, he uses his walker. If he seeks to use -- if he
needs to leave his house, he travels by wheelchair.
In response to that motion for permission to
appear by phone, Mr. Bernath filed an opposition motion,
which the Court should have in the Court's file.
THE COURT: Okay.
MR. BOUTIN: So none of this is a surprise
to Mr. Bernath.
Mr. Bernath goes on at great length, talking
about Mr. Lilyea, who resides in his home in West Virginia,
a trip that Mr. Lilyea made to the White House to attend a
medal of honor ceremony. He includes photographs that
Mr. Lilyea took at the White House, showing the president
and a medal of honor recipient, he includes photographs of
Mr. Lilyea in his wheelchair --
MR. BERNATH: Can I get through this
irrelevant --
THE COURT: Hold on. Let me hear what he
says.
MR. BOUTIN: -- while in Washington, DC. He
includes Mapquest instructions for Mr. Lilyea's home to the
White House showing how long it would take and what route
of travel it would take for Mr. Lilyea and his travel
companions to make that drive from his home in West
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Virginia to the White House. He --
THE COURT: So, let me interrupt, Counsel.
You're suggesting that the issue of his
residency in West Virginia is not an issue of surprise to
Petitioner?
MR. BOUTIN: Clearly, yes, Your Honor, that
is correct.
THE COURT: How about the other issue
regarding -- because you made two arguments, one is about
the residency of the domicile of the respondent, the other
is about the petitioner. Has that issue been argued or
raised to the point that Petitioner would be on notice of
that?
MR. BOUTIN: It has not been specifically
briefed. I believe the statute is very clear that the
petitioner has the burden of proof on all issues created
under the statute; all issues created under the statute, he
has his burden of proof.
He's filing sworn statements in other
litigation, and there's quite a bit of litigation that
Mr. Bernath is involved in, the US District Court,
Multnomah County Circuit Court, Clackamas County Circuit
Court, I believe this last matter in Washington County
Circuit Court was resolved last month. But he's got a
sworn statement that says he does not reside, and therefore
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he seeks to quash service of summons in the Clackamas
County case.
So if he -- if it's a matter of convenience
at any given time to adopt a certain version of the facts,
then that may be his view, but it's his obligation to get
to the point that Your Honor made, it's his obligation to
prove every element of his case, and it should not be a
matter of surprise that he has to do that.
And he's making declarations to the Court in
other litigation that he doesn't reside here. If he
doesn't reside here, he does not qualify for relief under
the statute.
MR. BERNATH: Okay. I do reside here, but
that's not the point of his speech.
The Court specifically asked him, and this
was -- If you remember, ten minutes ago, please tell me if
this is brand new, you're hitting Bernath on the side of
the head here in court for the first time --
THE COURT: Well, let me interrupt, Counsel.
That's not what I said.
What I'd like to know is what notice do
people have about the issues being raised?
MR. BERNATH: I'm sorry. I'm -- I was a
little too colorful.
THE COURT: No.
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MR. BERNATH: And I would retract that.
Could I?
THE COURT: And I understand -- No.
And, I mean, let me stop you. I appreciate
it, I don't -- I want to get to the bottom of it, if
possible, today, to move this along.
MR. BERNATH: Well, I --
THE COURT: I do agree that it seems pretty
apparent that the issue about West Virginia, the residency
of the respondent is not a surprise issue, your own
petition said he lives in West Virginia. So everyone seems
to acknowledge that's not the issue.
The second argument being made by Counsel
relates to your residency. That is, it sounds like, a new
issue. My question, then, and I have to make a decision on
this, is that an issue that is of such a nature to preclude
us moving forward, or whether or not we can move forward
hearing the evidence on the restraining order, granting the
parties a chance to respond both in brief form and
potential evidence about this residency issue, and then
make a determination.
And I think where the Court's inclined to go
at this point is along that line, meaning, I'm going to
reserve judgment on the issues raised. I'm going to wait
and determine whether or not they are applicable to the
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case in the course of the evidence presented.
I find that the issue in terms of surprise,
if that's -- to use that word, that it -- well, that we
will proceed with the arguments presented by both, the
evidence on the issue of residency and domicile on both
parties.
I will, at the end of the closing of the
evidence, entertain the requests by either side to leave
the record open for further briefing if there's a legal
question that needs to be briefed.
But in terms of the residency, I do agree
with the respondent. It's your job, Petitioner, to meet
the elements of the statute. So they're questioning your
residency, you've got the burden of proving it.
I'm not going to rule on the motion now
because I'm going to give you a chance to present evidence
on that, and then we'll cross that bridge about whether any
further motions or record need to be open for other
briefing or evidence, but I think at this point we're going
to proceed.
So let me ask Petitioner, do you have any
witnesses to call besides yourself?
MR. BERNATH: Yes. John Lilyea.
THE COURT: Okay. And, Counsel, you've got
your client on the phone to call in. Other than him, do
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you have any other witnesses to call?
MR. BOUTIN: No other witnesses at this
point, subject to rebuttal witnesses. We'll have to see
how all that goes.
We don't have him on the phone yet. We were
advised to wait until we were instructed by the Court to do
that.
THE COURT: Right. So let's get him on the
phone, Cheryl.
THE CLERK: I called him.
THE COURT: [Indiscernible].
THE CLERK: [Indiscernible].
THE COURT: One and a half to two hours, and
three to four witnesses. Thank you. So one of the --
THE CLERK: [Indiscernible].
THE COURT: Okay.
MR. BOUTIN: Your Honor, my paralegal is
with me here today. Can she join me at counsel table?
THE COURT: Sure.
MR. BOUTIN: Thank you.
MS. CLAYTON: Hi, John. I'm going to give
you a number and ask you to call in to the Court. The
number is 1-503-846-2268.
THE COURT: He'll be able to answer
[indiscernible], right.
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MS. CLAYTON: Yeah. That's correct. Please
call in right now. Thank you.
Your Honor?
THE COURT: Yes.
MS. CLAYTON: May I approach, please.
THE COURT: Yes, you may.
Counsel, we'll work on Judge Latourneau to
sort out the scheduling, so we'll keep you posted as we
hear.
A VOICE: [Indiscernible].
THE COURT: Right.
Hello, Mr. Lilyea?
MR. LILYEA: Yes, it is.
THE COURT: Yes. This is Judge Rask.
You've got -- we've got you on speaker here in the
courtroom, we have started with the proceeding. Your
counsel is present, along with the opposing party, and
we're going to proceed with the hearing.
So at this point, until you're called as a
witness, you may just remain on the phone. I would ask you
to raise your right hand to be sworn.
MR. LILYEA: Yes, sir, it's raised.
THE COURT: Okay. Let's swear in this
witness.
/////
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JOHN LILYEA,
having first been sworn or affirmed, was examined and
testified under penalties of perjury as follows:
THE CLERK: If you can please spell and
state your full name for the record.
MR. LILYEA: My name is John Victor Lilyea.
THE COURT: Thank you, Mr. Lilyea.
And before we proceed, Petitioner, will you
please raise your right hand to be sworn as well, since
you're going to provide testimony today.
DANIEL BERNATH,
having first been sworn or affirmed, was examined and
testified under penalties of perjury as follows:
THE CLERK: If you can please spell and
state your full name for the record.
THE WITNESS: Daniel A. Bernath, Daniel the
usual way, Bernath is B E R N A T H.
THE COURT: Okay. Thank you.
So we'll proceed with your -- The way we
normally proceed on matters of this nature is that the
petitioner will go forward to prove they can establish and
need to continue the restraining order and meet the
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elements, at that point the burden will then shift to the
respondent to provide evidence as to why they believe the
elements have not been met or other evidence as to why it
shouldn't be continued.
So we'll start with Mr. Bernath. And you
can present, since you're testifying for yourself -- Do you
have a witness here in the courtroom?
MR. BERNATH: No.
THE COURT: Is your witness out in the hall?
MR. BERNATH: I have no witnesses, I have
Mr. Lilyea and I have documentary evidence --
THE COURT: Okay.
MR. BERNATH: -- from Mr. --
THE COURT: I misunderstood. I thought you
said you had a witness. Okay.
Then you may present your evidence.
You both -- you can waive opening argument
or have a brief opening argument.
MR. BERNATH: Well, here's my brief opening
argument.
THE COURT: Sure, then we'll do that.
Proceed.
MR. BERNATH: It will sound like I'm crazy
to tell you this.
A hearing officer at Social Security
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Administration attacked me four years ago, when I was
getting on an elevator. He has been terrorizing me for the
last four years.
He contacted John Lilyea and said to John
Lilyea, hey, look, this Dan Bernath fellow that I hate so
much is staking out that he's a chief petty officer in the
United States Navy, he never was, go get him.
Now, this group is known as a suicide
self-murder advocacy group of Vietnam Veterans. And you
think I'm crazy when I'm saying this. It's an association
of active duty US Army, Navy, Coast Guard -- and I'll give
you all the evidence if you think I'm crazy -- plus retired
combat veterans who this judge in Montgomery County says,
you're a bunch of crazed veterans who haven't come down
from the war.
What they will do is pick a target and
terrorize them to death. They have murdered five people so
far.
THE COURT: Let me interrupt you, Mr.
Bernath.
I appreciate some background, but because of
the docket and the hearings --
MR. BERNATH: Let me move on.
THE COURT: Yeah. Here's what I want you to
do: You can present evidence, and we'll to get that. This
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is only opening, brief opening, focused on the allegations
you made in your petition, because that's all we're here on
today.
MR. BERNATH: Okay.
THE COURT: We're not here on someone being
murdered, thank goodness, we're not here on things outside
the scope of the petition. I can't hear things that
aren't --
MR. BERNATH: Well, let me get right to
that.
THE COURT: Go ahead.
MR. BERNATH: So, Dan Hyatt then contacted
John Lilyea. John Lilyea then went to his group who said,
let's make his life as miserable as hell, as possible.
John Lilyea went to this group and said, let's shame this
man, on and on and on.
Thereafter, all these things happened that I
spoke of, I guess, in my preopening statement. So what I'm
going to show the Court is that he clearly, Exhibit 1, made
this WANTED poster to make my life as miserable as possible
and shame me. And then all those other things occurred.
So that is the crux of this petition. He is
the leader, he is the person who controls them, he --they
all communicate with -- through this website. So that's
the beginning and end of my opening statement.
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Now what I'd like to do now, could I
approach the Bench with the --
THE COURT: Sure, you have exhibits and
copies for Counsel?
MR. BERNATH: He has the copies, he just
gave that to you.
THE COURT: Okay. On the --
MR. BERNATH: On the 500 things he
complained about, the pages.
So this is the -- I would ask the Court to
look at that, maybe get a long one, judge gets the rubber
band.
Now, Mr. Lilyea, you're there on the phone,
aren't you?
MR. LILYEA: I [indiscernible].
THE COURT: Hold on. No commentary to the
parties.
This is your case, put it on. You present
your evidence, there will be an option if you want to call
a witness. If I hear anything out of --
MR. BERNATH: He's my first witness.
THE COURT: Okay. Well, you're testifying
first, so give me your evidence. Then when you're done
testifying, we'll take another witness.
MR. BERNATH: Well, could I take him first?
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THE COURT: If you'd like to.
MR. BERNATH: All right. Mr. Lilyea, this
is --
MR. BOUTIN: Can I make my opening
statement?
THE COURT: Who wants -- Go again.
Yeah, I'd like to hear your opening.
MR. BOUTIN: The matters involving Judge
Hyatt and Mr. Bernath for which Mr. Bernath is criminally
convicted in US District Court --
MR. BERNATH: Objection, that's false.
THE COURT: Hold on.
MR. BOUTIN: -- are not the matter on which
we are here today.
Mr. Lilyea is an administrator of a website
called This Ain't Hell, which is a website that pays some
attention to people who they, in their vernacular, refer to
as valor thieves.
A few months ago, Mr. Bernath appropriated,
the evidence will be, appropriated a photograph of a chief
in the Navy, Photoshopped, to use the term, his head onto
this other person's image, which is a formal photograph
showing his chevrons of service, his chevrons of rank, his
medals that he received in his 18 years of service.
Mr. Bernath served a little bit less than
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PACE REPORTING503.655.4183
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four years as a photographer's mate on an aircraft carrier
during the Vietnam War.
People in the valor thief community took
exception to that. The evidence will be that the poster is
not something that Mr. Lilyea created.
I think we will acknowledge that the poster
appeared on this website. There are some 350,000 posts on
this website, but they are not from Mr. Lilyea.
The evidence will also be that Mr. Lilyea
has never been in Oregon, has never met Mr. Bernath, has
never attempted to contact Mr. Bernath other than an email
he sent a few months ago asking Mr. Bernath to stop
contacting him and otherwise contact me as his counsel, and
that he has done nothing to harass, threaten or intimidate
Mr. Bernath.
And further, as a quick point of procedure,
I do not have a copy of the exhibits that Mr. Bernath --
MR. BERNATH: Your Honor, I can show them --
THE COURT: Hold on.
MR. BOUTIN: He showed them --
THE COURT: If I hear an interruption again,
we're not going to continue this. You're a lawyer, you
know better. Wait.
Go ahead.
MR. BOUTIN: He did show them to me in
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advance of the hearing, but I do not have copies, so I may
ask to reference them during the course of the testimony.
THE COURT: That's fine. We'll work around
the copy problem.
MR. BERNATH: May I address those two
points?
THE COURT: I'm sorry?
MR. BERNATH: Could I address those two
points?
THE COURT: You're going to present your
evidence. This isn't an argument time, it's evidence.
MR. BERNATH: Okay. Well, I'll -- I'll
state under oath that I was not criminally convicted of
anything. I've been a California lawyer for 30 years.
THE COURT: Okay. Counsel, I want to
proceed in a way that's going to make this --
MR. BERNATH: Very good.
THE COURT: -- flow.
You've asked to call a witness, you said you
want to call Mr. Lilyea.
MR. BERNATH: I will do that. I'll do that
right now.
THE COURT: Okay. Then it will be clear,
that means you're not testifying yet, Mr. Lilyea is. So
let's go in an orderly flow.
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MR. BERNATH: Very good.
THE COURT: So if you want to call yourself
first, fine --
MR. BERNATH: No, I don't.
THE COURT: -- but if you want to call
Mr. Lilyea, that's fine. So let's call Mr. Lilyea first,
then.
Mr. Lilyea, are you present on the phone?
MR. LILYEA: Yes, I am.
THE COURT: Okay. The petitioner is going
to inquire of you questions that are relevant petitioner --
to the petition that's been filed.
And, Mr. Lilyea, you will be required to
answer them if I think they are appropriate and legal
questions to be asked. So we will proceed with the
inquiry.
Counsel, you may inquire of this witness.
MR. BERNATH: And I proceed under Oregon
Rule 40.180, routine practice.
DIRECT EXAMINATION
BY MR. BERNATH:
Q. Now, do you remember -- Could you address me as
Chief Petty Officer Bernath? I prefer to be called that.
Mr. Lilyea?
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A. Me? No, I won't. You're not.
THE COURT: Well, hold on a second.
THE WITNESS: I will call you Mr. Bernath.
THE COURT: Yeah. You're going to be called
Petitioner or Mr. Bernath, that's how we're going to
address Mr. Bernath.
Q. Okay. Why do you believe I'm not a chief petty
officer, honorary or otherwise?
A. Because I have your military records and you were
never promoted to that rank.
Q. Are you aware that the Sea Scouts have hundreds,
if not thousands, of chief petty officers of that club?
A. No.
Q. Are you aware that hundreds of yacht clubs in the
United States have commodores and chief petty officers?
Are you aware of that?
A. No.
Q. Are you aware --
MR. BOUTIN: Object to relevancy, Your
Honor.
THE COURT: Yeah. Mr. Bernath, we're going
to stick to the petition.
MR. BERNATH: Okay.
THE COURT: I mean, the evidence that you
need to provide to this court is evidence that shows that
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PACE REPORTING503.655.4183
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this respondent threatened to injure you or otherwise did
something to you with words or deeds that meets the
statutory requirement to continue the restraining order.
So we're not going to get caught up in the
debate about who posted what about you on the Internet,
whether it's true or not. That's not what's in this --
This has nothing to do with this matter.
MR. BERNATH: Okay. Well, let me --
THE COURT: You can't litigate the matter
here. All we can cover is do you meet the statute
requirements.
So you can ask him about the knock on your
door, you know, evidence you want me to solicit from him --
I mean, you can solicit from him about -- to meet statute
requirements, but that's it. So feel free to ask
questions, but they need to be focused on your petition.
MR. BERNATH: Very good.
BY MR. BERNATH: [Continuing]
Q. Now, I do want to ask you, did you testify in the
court, Karen Williams versus John Lilyea --
MR. BOUTIN: Objection, Your Honor.
THE COURT: Hold on.
What's the question? Let's hear the
question first. Testifying about what?
MR. BERNATH: Did -- I just -- You've seen
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the statute that I just spoke of about how he -- he's
acting in routine practice. And a judge has found that he
is dishonest, and he was accused of doing to Karen Williams
a few months ago the same thing he's accused of doing to
me, and that would be in his routine practice.
THE COURT: Okay. So you're trying to --
Why don't you ask a question, then, because I -- because
I'm not clear where you're going with it. So ask your
question and we'll decide about that objection. Go ahead,
ask your question.
BY MR. BERNATH: [Continuing]
Q. Did you call up a Paul Wicker and say you were
going to take a pick ax to his kneecaps and stick a shotgun
in his mouth?
MR. BOUTIN: Objection, Your Honor.
THE COURT: I'll allow it.
Answer the question, Mr. Lilyea.
THE WITNESS: No, I did not.
Q. Did you hear Karen Williams so testify under oath
in this court in Wasco, Maryland?
A. Yes, I heard it.
MR. BOUTIN: Your Honor, in order to
expedite, may I have a standing objection to this line of
inquiry?
THE COURT: Sure.
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MR. BOUTIN: Thank you, Your Honor.
THE COURT: Continuing objection.
Q. Okay. So --
THE COURT: So noted.
Q. Just threaten to decapitate his knees and head,
sawed-off shotgun in his mouth, page 98, line 7 through 8.
Does that refresh your recollection?
A. I admitted that I heard her say that, but I did
not say that.
Q. Did you say that you were going to defecate on
his mother -- his mother's grave?
A. No, I did not.
Q. Okay. Let's talk about what the Court said.
THE COURT: Mr. Bernath, I'm going to cut
you off here, because I still haven't heard you ask any
questions that are relevant to the petition in front of us.
MR. BERNATH: Okay. I'm trying to show that
he acted in character --
THE COURT: But --
MR. BERNATH: -- which was his habit of
terrorizing people who they picked on as a target.
THE COURT: Well, you need to show that he
did it to you. Showing he did it to somebody else isn't
going to cut it for -- I mean --
MR. BERNATH: Well, I don't want to argue
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PACE REPORTING503.655.4183
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with the Court, but 40.180 says I can talk about his habit.
THE COURT: Right. But habit requires more
than one time. Habit evidence is of a standard that is,
you know, birds fly south in the winter, and whether the
sun's going to rise in the morning. I mean, habit evidence
is of a certain nature.
This is not habit evidence, what you're
soliciting. You can't use a prior wrong to try to prove
this wrong.
MR. BERNATH: Well, okay --
THE COURT: You've got to prove to this
court that the allegations you've made about this
respondent are of a type that need to be -- the restraining
order needs to be continued. And I'm going to --
MR. BERNATH: Well, I'm there. I'm there,
Your Honor.
THE COURT: Well, then stick to that issue.
MR. BERNATH: It's very easy, Your Honor.
Lilyea threats to a person called Dallas.
BY MR. BERNATH: [Continuing]
Q. Do you remember sending an email to a guy called
Dallas Whittenberg who said, I'm personally going to stomp
your ignorant ass, I already have your address and the
means to get there? Do you remember sending that email to
Dallas Whittinger of Florida?
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A. You mean Dallas Wickentide?
Q. That's the -- that's -- You pronounce it your
way, I'll do it my way.
Did you in fact send an email saying, I
personally am going stomp your ignorant ass, I already have
your address and the means to get there? Did you send him
that email?
MR. BOUTIN: Before --
THE WITNESS: No.
MR. BOUTIN: -- you answer, objection;
relevancy.
MR. BERNATH: I'm showing his pattern, I'm
showing his habit.
THE COURT: Okay. I'm going to allow you to
answer the question. I'll overrule the objection. Go
ahead, answer the question.
THE WITNESS: Honestly, I don't remember
sending it, but I may have.
THE COURT: All right.
BY MR. BERNATH: [Continuing]
Q. Okay. Let's get to the present. Now, you
testified that your memory -- in Montgomery Court, you
testified your memory isn't real good now; is that correct?
A. No, I'm not saying [indiscernible].
Q. Okay. You have ALS, correct, Lou Gehrig's
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PACE REPORTING503.655.4183
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disease?
A. Yes, I do.
Q. Has any doctor told you that there's a mental
component and a mental deficiency related to your ALS?
A. No.
Q. All right. Let me then -- If I ask you a
question, then you can answer it, then?
A. Sure. And that's what I've been doing,
Mr. Bernath.
Q. Okay. Let me ask you this: Do you recall on
February 13th, 2014, on your website, posting this: Here's
your WANTED poster for Daniel Bernath who was never a chief
petty officer, honorably or otherwise. Do you remember
doing that?
A. Yeah, I do.
Q. Okay. Well, you're not here, so I'll read it to
you.
A. You don't need to. I know what it says.
Q. Okay. I'm asking the questions.
A. [Indiscernible].
Q. I'll identify it.
Did you want to say something?
THE COURT: No. Mr. Bernath, let me ask --
The witness has testified that he posted it.
Let me ask counsel, Counsel, do you have any
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objection? Is this what was posted? Do we all agree this
is what was posted online? Since your witness isn't here,
try to move this along.
MR. BOUTIN: Mr. Lilyea, did you create this
poster?
THE WITNESS: No, I did not.
MR. BERNATH: He's trying to cross-examine
him now.
THE COURT: Hold on.
The question was did he post it online, and
he answered --
Mr. Lilyea, did you in fact post it online?
THE WITNESS: Yes, I did.
THE COURT: Okay.
MR. BOUTIN: Your Honor, it appears to be
the poster that's at issue, yes.
THE COURT: Okay. Thank you.
MR. BERNATH: Okay. They'll stipulate to
[indiscernible].
BY MR. BERNATH: [Continuing]
Q. Let's just read some of it.
THE COURT: Well, why don't -- to move this
along, I can read it. If you want to present it to the
Court, offer it as an exhibit --
MR. BERNATH: I just want to know what he
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meant.
THE COURT: What he what?
MR. BERNATH: What this means.
THE COURT: Okay. You can inquire about
what it means.
BY MR. BERNATH: [Continuing]
Q. Okay. Let me ask you a question or two about
this poster that you admit that you posted. Now, all the
stuff where you state that I did this and I did that,
that's the subject of another lawsuit in Clackamas County,
downtown Portland; isn't that correct? So we're not going
to go into that today. Correct?
I'm going to ask you what these said -- what you
said on this poster related to this restraining order.
Correct? That's where I'm going to go.
MR. BOUTIN: Your Honor, object to the form
of the question.
THE COURT: Yeah.
MR. BOUTIN: He said he posted it, he did
not create it, so I'm going to --
MR. BERNATH: I don't doubt that. I know
who posted it, it was Guy Power of NASA.
THE COURT: Okay. Hold on a second. I'm
going to sustain the objection, I agree. That's the
evidence that I understand from the testimony, is that it
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was posted but not created by Mr. Lilyea.
MR. BERNATH: That was always my
understanding.
THE COURT: Okay.
BY MR. BERNATH: [Continuing]
Q. And you say that 60,000 people then saw this
poster, correct? That's the [indiscernible]?
A. I'm not exactly sure how many people, but that
sounds about right.
Q. All right. So, "Subject Bernath is a liar."
Would you agree that's a derogatory term?
A. No. Not [indiscernible] if it's the truth, it's
not derogatory.
Q. Okay. So we'll leave that to the Court to decide
if that's a derogatory statement.
"Extremely annoying, there are legions of people
who agree with you." So I won't ask you about that.
Okay. Then you have a red circle with a line
through it, in big black words it says, "fraud," correct?
A. Yes.
Q. Okay. Now, would that be ridicule or harassment
or derogatory? Would you agree with that?
A. Not if -- not if it's true.
Q. Okay. So if it isn't true, then it is
derogatory, correct?
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A. Sure.
Q. Okay. So --
A. [Indiscernible].
Q. -- I'm under oath right now, and I'm going to
tell you that I didn't create this picture.
THE COURT: Mr. Bernath, this is -- this is
not an opportunity to present evidence for you.
MR. BERNATH: Okay. Then I'll proceed.
THE COURT: Yeah, just ask the questions.
Yeah.
Q. "So anyone with information on this POS --" Now,
is that an Army term or a West Virginia term? What is POS,
please.
A. It's an Internet term.
Q. Piece of shit; is that right?
A. As long as you're saying it, yes. I'm not going
to talk like that in court, but go ahead.
Q. What -- Okay. Now, is that what that POS means?
A. Yes, it is, normally.
Q. "To interface with him," does that mean to harass
him? What does that mean, "to interface with him"?
A. It means to make sure that you don't spread your
fraud everywhere else in the world.
Q. Well, how would they do that?
A. By calling you out in public.
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Q. Okay. So if I'm in public, then you would yell
at me and call me out like -- what? How would they
interface with me?
A. Let's say you've been wearing those stripes that
you claim you earned, you didn't earn those, you didn't
earn those medals that you're wearing.
Q. Okay. Okay. So they would do this in public,
correct?
A. If that's where they ran into you, yeah.
Q. Okay. Sixty thousand people or so, you told this
to.
Now, let me ask you this, here's the next
sentence: "Make his life hell."
A. Yes.
Q. You posted that, correct?
A. I'm sorry. What did you say?
Q. This phrase, "make his life hell," you posted
that phrase about me, Daniel Alan Bernath?
A. Sure.
Q. Okay. What did you mean, "make his life hell"?
Did you mean go up to his house and knock on it, send him
emails and tell him he's a fraud, go to the VFW and demand
that they pull his membership? Go to The Oregonian
newspaper and say that he was a fraud? Go to Lars Larson
TV, radio show and say, he's a fraud? Is that what you
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meant by "make his life hell"?
A. I -- No, not necessarily. For one thing, when I
went on the Lars Larson show, I didn't even mention you.
Q. Well, your -- your coconspirator, codefendant,
Terence Hoey, did. Now --
MR. BOUTIN: Well, I'm going to --
MR. BERNATH: He's going to --
THE COURT: Well, I'm going to cut you
off --
MR. BERNATH: Okay.
THE COURT: -- before Counsel says anything,
because there is no codefendant in this case, so we're not
trying any other elements of any other continuing
litigation, just this issue.
MR. BERNATH: Okay.
THE COURT: So --
MR. BERNATH: Okay.
THE COURT: Any more questions about this
document?
MR. BERNATH: Yes. Okay.
BY MR. BERNATH: [Continuing]
Q. When you say "make his life hell," did you mean
that you'd cause him so much stress that he would break out
in stress induced shingles? Is that "make his life hell"?
Was that part that -- that could be part of that?
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A. No. Part of making his life hell would be like,
you know, I don't know, filing frivolous lawsuits all over
the country, you know, things like that.
Q. Okay. So you'd abuse process, but you wouldn't
cause me shingles; is that right?
A. No.
Q. Okay. Well, let me ask you another question.
Now, I told you that my wife has heart palpitations because
of this poster and what you posted. Was this -- was this
making my life hell? Was that part of making my life hell,
to see my wife suffer?
A. The only time that you communicated to me about
your wife's problems was this last weekend where I was
under this restraining order.
Q. Okay. So --
A. So I couldn't even read -- I read part of the
email and I didn't read the rest of it, so -- I certainly
didn't mean for anything to happen to your wife.
Q. Okay. So there is a bright line about how you
make Daniel Alan Bernath's life hell, and it stops at his
wife suffering heart palpitations. Is that your testimony?
A. Yeah, I guess so.
MR. BERNATH: I would move to enter Exhibit
1.
THE COURT: Any objection?
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MR. BOUTIN: No objection, Your Honor.
THE COURT: Okay. Thank you. Any further
questions of this witness?
MR. BERNATH: I have to take a look.
BY MR. BERNATH: [Continuing]
Q. Oh, okay. Now, on your website -- and I'll just
be three minutes -- on your website, and according to
Montgomery County, the lawyer asked you, "So if I see John
Lilyea on This Ain't Hell website, it's because John Lilyea
wrote it?" Isn't that correct, you said that in court and
you would adopt that today?
A. I'm sorry. I didn't understand what you were
saying.
Q. If I see John Lilyea on your website, it's John
Lilyea that wrote it, yes?
A. Yes.
Q. Okay. So how to be a good phony soldier, that
you posted February 9th, 2014. So you said, "So we're
going to give you the thing that you craved when you put
that shit on." Correct?
A. Well [indiscernible].
MR. BOUTIN: Objection.
THE WITNESS: It wasn't said to you, it was
said generally to the public. It doesn't say, "dear Daniel
Bernath."
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Q. February 9th, 2014. This was -- We're talking
about your motivation to do what you did to me.
Now, you're really unhappy that the Stolen Valor
Act was knocked down by the Supreme Court. You said, "Even
though what you're doing is not illegal, it's not immoral."
The Supreme Court -- And I want to focus on this
sentence, "The Supreme Court case of US versus Alvarez gave
us a warrant to hunt you down and bring you to the justice
of public opinion." Isn't that your feelings?
A. Yeah, I wrote that.
Q. And I shouldn't go to my wife because, your
words, "it makes you look like the giant pussy you are."
Those are your words?
A. I wasn't talking to you, was I?
Q. No.
A. I made a general statement. It was not made to
Daniel Bernath.
Q. So I'm part of the general, aren't I?
A. No, because as a matter of fact, I was thinking
of somebody completely different when I wrote that line.
Q. Is it -- is this thing still on your website even
as we speak?
A. Yes, it is.
Q. "You're only going to be further humiliated if
you do it in the public forum." That says, don't sue me,
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right? You remember saying that?
A. Yeah, I wrote that.
Q. "I sleep with a .45 by my bed. I have another
.45 in my work space, and I carry a .357 Magnum on my hip
at all times."
A. Yeah, I'm -- To keep that statement in context, I
said, "Don't make death threats to me because I have a .45
by my bed, I have a .45 in my work space, and I carry a
.357 on my hip."
Q. Well, okay. We'll look at those weapons in just
a second.
THE COURT: Mr. Bernath, I'm going to stop
you here for a second.
MR. BERNATH: Could I have one more minute?
This is the key point.
THE COURT: Okay. Then get to the key
point.
Q. You're really angry about the Alvarez case, US
versus Alvarez, as you've testified. And I'm going to read
this last statement because I told you to remove it, I
said, is this still your feelings, and it's still up there,
but, "This Ain't Hell and all of our partners are the stops
and dunking chairs in the village square of the Internet, a
place where folks can come and throw rotten tomatoes at
valor thieves. The Supreme Court gave us a warrant to be
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the Internet's vigilantes and bounty hunters." You said
that, it's still on your website, correct?
A. Sure.
Q. Okay. I just want -- Isn't that funny how you
can never find something when you want it.
I have here Exhibit 8 and 9, and this looks to be
some sort of military rifle with a scope, and at the top
there's a -- looks like it could be a Glock .45 with
30-bullet magazine. This is something that I found on the
Internet under your name. Does this sound like a picture
that you posted of your arsenal?
MR. BOUTIN: Objection, Your Honor. We need
to identify it so he can speak to what's appearing in this
photograph.
MR. BERNATH: I identified it as
Petitioner's number 8.
THE COURT: I'm going to --
MR. BOUTIN: The witness --
THE COURT: I'm going to sustain the
objection, I think it's too vague. You can ask him if he
owns guns, he's testified about certain guns, but just
saying -- asking a question about something you might have
found on the Internet, I'm going to sustain it.
BY MR. BERNATH: [Continuing]
Q. Okay. Is this a picture you posted on the
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Internet? You did mention that you have a large magazine
for your pistol because it pisses people off because they
think it's scary looking. Is that correct?
MR. BOUTIN: Your Honor, same objection.
The witness cannot identify the photograph and the witness
has --
THE COURT: Yeah, I'm going to sustain it.
MR. BOUTIN: [Indiscernible].
THE COURT: You can ask him if he's posted
pictures on the Internet of guns he owns.
BY MR. BERNATH: [Continuing]
Q. Do you have a picture of guns on the Internet
including one with a 30 or so bullet magazine, and you got
that magazine because it makes people angry or pisses them
off or something like that? Yes? No?
A. Yeah, that picture that I posted, I posted about
three years ago, before I knew who Daniel Bernath was.
Q. You didn't take them down when you started your
campaign on me, though, did you?
A. No.
Q. Okay. Now, looking at Exhibit No. 10, and it is
a postcard, it says, "Cafe Press is a place to put the
stamp, a place to put the address," and it's the -- it's
the poster again. So did you take this poster and have it
printed up so that people could mail it all over the
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country?
A. No.
Q. Okay. Do you know who did that?
A. Yes.
Q. Who did that?
A. I'm waiting to see if my lawyer objects.
Q. He isn't.
MR. BOUTIN: Go ahead.
THE COURT: You can answer the question.
THE WITNESS: Okay. Yeah, I know who it
was. It was one of my readers, Frankie.
Q. Okay. Frank Carlisle, correct?
A. I -- I do not know him by Frank, just --
Q. Frankie C, correct?
A. Yeah.
Q. Okay. Now, one of your readers --
And I don't know how much time you want to spend
to get into how much control he has over them --
THE COURT: Right.
MR. BERNATH: -- but I'm going to read this
to the Court.
THE COURT: I'm going to cut you off,
because here's the problem: Petitioner, you're making a
strong case about what you think are defamatory statements
made by --
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MR. BERNATH: No, Your Honor.
THE COURT: -- Respondent, or statements
that you think are intended to injure you.
MR. BERNATH: I'm just tracking the statute,
Your Honor.
THE COURT: I understand where you're trying
to go, and I appreciate that you're doing the best you can
with what you've got. The -- But so far I'm not hearing
evidence to meet the statutory requirement. What I hear is
an ongoing battle between two people about what or was not
the truth about this picture.
And I hear things being said that are
derogatory and are disconcerting, but that's what civil
defamation lawsuits are for.
Restraining orders -- The statutory
requirement for a restraining order for elder abuse
requires something higher than what I'm hearing, so I --
And I've read your petition, and I'm not hearing anything,
I'm not seeing anything here that's different than what
evidence you're presenting.
MR. BERNATH: Well, could I argue the point?
THE COURT: You need to -- Yes, you need to
connect the dots --
MR. BERNATH: Okay.
THE COURT: -- because at the end of the
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day, clearly, you have a conflict with this gentleman, and,
clearly, you don't appreciate what he's saying about you.
MR. BERNATH: Well, it rises much higher
than that.
THE COURT: Well --
MR. BERNATH: I'm looking at the statute, it
says ORS 124.005 1 (a), any physical injury caused. It's
causing me stress, causing me shingles, painful shingles.
ORS 124.005 1 (d), willful inflicting of
physical pain or injury. 124.005 1 (e) -- and this is the
point, you know, it could be defamation, but I don't care
if he calls me a poo-poo head, and they do, you know, the
equivalent of that. What I care about is they set loose
this torrent of people to harass me.
Now -- and it could be defamation too, but
it sure fits right into 124.005 1 (e), using derogatory or
inappropriate names, phrases or profanity, ridicule,
harassment, coercion, threats, cursing, intimidation,
conduct of such a nature as to threaten significant
physical, emotional harm to the elderly person.
This is the crux of the case. Him turning
loose 60,000 people on me around the country fits squarely
within 124.005 1 (e).
I have one last statement before I release
this witness, if I may. This can go on for another
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half-hour to prove that he actually controls them, and
he...
BY MR. BERNATH: [Continuing]
Q. "A tall, muscular man in a hammer and cycle
beret, Markov pistol in his hands, you can't take it any
more, you're raised to the rafters, affix a rope to one of
them and end your reign of terror by your own hand."
Now, this is HS Sophomore, okay, he said that.
Does this fit into what you meant when you said "make his
life hell" on the poster that you admit that you posted to
60,000 people?
A. I'm sorry. What was the question?
Q. No question. Forget it.
THE COURT: Do you have any other evidence
you want to offer? Are you finished with this witness?
MR. BERNATH: Yes.
THE COURT: Okay. Any re -- cross?
MR. BOUTIN: I will inquire of Mr. Lilyea
later, Your Honor.
THE COURT: Okay. Now --
MR. BERNATH: Now, if I'm going to testify,
then, do I go there or can I stay here?
THE COURT: No. You can remain seated. So
tell me what other evidence you want me to consider.
MR. BERNATH: Okay. I want to show you the
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physical -- Pursuant to 124.015 1 (c) (4), and I'm looking
at the Elderly Persons and Persons With Disabilities Abuse
Prevention Act Bench Guide.
I broke out in shingles because of the
stress being caused to me because of the poster, and
Exhibit 3 is one of that.
Exhibit 4 also shows the shingles that I
broke out in. Exhibit 5 shows the early signs of shingles,
and then 6 shows the advanced stage, and then 7 shows the
aftermath.
Now --
THE COURT: Are you testifying those are
pictures of yourself?
MR. BERNATH: This -- These two are medical
pictures.
THE COURT: Got it.
MR. BERNATH: I called the VA, and he said,
drop what you're doing, come in right now. So I stopped it
before it got to -- to this, but the pain was just as
great.
THE COURT: I just want evidence of what
you're saying you have. If you have a picture of yourself
that you want to offer into evidence of the shingles that
you say were caused by the respondent, show me that
evidence.
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MR. BERNATH: Very good. 3, 4, 5. Shall I
approach the bench or --
THE COURT: Show them first to Counsel.
MR. BERNATH: He's seen them.
THE COURT: Counsel, do you have any
objection to the photos?
MR. BOUTIN: No objection to the photos, if
a foundation is laid.
THE COURT: Okay.
MR. BERNATH: I move them into evidence.
THE COURT: So I -- Counsel's noting that
the foundation's -- I want to hear for the record, you're
telling me these are pictures of you?
THE WITNESS: Yes.
THE COURT: And when were they taken?
MR. BERNATH: April --
THE COURT: Of what year?
MR. BERNATH: -- 14th, of 2014.
And I had medical treatment. They said,
drop what you're doing, come to the VA right now.
The doctor came out from meeting with a
patient to meet with me. He examined me along with a
paramedic. And they immediately gave me some sort of drug,
but the drug didn't stop the pain, it only stopped the
outbreak of the blisters.
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THE COURT: I'll allow the photos, so
exhibits -- Petitioner's Exhibits 3, 4 and 5 are admitted.
Any other evidence that you want to offer?
MR. BERNATH: Yes. So after the poster was
made on 3/16/14, there was a knock on my door, no one was
there, I saw bushes near the street moving.
At 3:50, this is Tigard, Oregon, I get to
the door, there's no one there, no message, no deliveries,
it's a Sunday. I see the bush moving.
5/11/14, knock on the door, nobody there.
5/12, 1:29, heard a knock on the door, looked out, saw
nobody. It sounded like it was on the glass, like a light
knock, knock, knock.
And then 5/23, 1:15, I hear a loud knock at
the front door. I hear a loud knock at the front door, I
look out, no one's there.
The National VFW contacts me and says that
they're going to begin a hearing to expel me. The local
Tualatin VFW --
MR. BOUTIN: Objection; relevance.
THE COURT: Yeah. I'll sustain --
MR. BERNATH: This has unleashed hell on me,
and I'm --
THE COURT: I understand your position,
[indiscernible] but evidence relevant to this, so --
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MR. BERNATH: Well, this is what he did.
The Oregonian calls me, writes me, says that
I'm a fraud, he's going to publish tomorrow. Lilyea
says -- Lilyea says -- On the email, they said, when are
you going live. And Lilyea says, tomorrow, meaning -- and
then they said what -- what publication. And they said,
The Oregonian.
So I had a discussion with The Oregonian and
explained to them that it wasn't true and that they'd pay a
severe price, and they didn't publish anything. So Lilyea
directing The Oregonian.
So if I could just have a moment with my
thoughts.
THE COURT: Okay.
MR. BERNATH: And then I'll be done.
MR. LILYEA: I'm still the witness, right?
THE COURT: You'll get your chance, your
lawyer can ask you questions in a little bit.
MR. BOUTIN: Just stand by, Mr. Lilyea.
We'll get to you shortly.
MR. LILYEA: All right.
MR. BERNATH: Okay. That's all my testimony
at this point.
THE COURT: Okay.
MR. BERNATH: I do -- I do want to enter
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Exhibit 13. I mentioned that this is where Lilyea posted
the WANTED poster to 60,000 people.
You've seen this, right? Took a long time
to read it.
MR. BOUTIN: No objection to 13.
THE COURT: Okay.
MR. BERNATH: I move it into evidence, Your
Honor.
THE COURT: All right. I'll accept
Petitioner's 13 with no objection.
Thank you. Okay.
MR. BERNATH: So that's all I would have at
this point.
THE COURT: All right. So Petitioner will
rest his case in chief.
Respondent, you call -- you want to call
Mr. Lilyea?
MR. BOUTIN: No, I'd like to cross-examine
first, before we get to the end of his case --
THE COURT: Okay.
MR. BOUTIN: -- in chief, if I may.
THE COURT: All right. You may do so. I
apologize.
MR. BOUTIN: I'd like to go back to Exhibit
13. And that's the only copy we have, Your Honor, so --
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THE COURT: Sure.
MR. BOUTIN: -- if I may get it back from
the Court.
I will represent to the Court that it seems
to be some 40 pages of material. By survey, I believe that
the only material in here by Mr. Lilyea is on page 32 and
on page 40 --
MR. BERNATH: Is there a question for me,
Your Honor?
THE COURT: Just a minute.
MR. BOUTIN: Getting to it.
CROSS-EXAMINATION
BY MR. BOUTIN:
Q. I would like to ask Mr. Bernath if that is indeed
correct, or does he contend that any of the other material
in this exhibit is authored by Mr. Lilyea?
A. I would have to say yes.
Q. Okay. Can you tell me what posting names you
believe are authored by Mr. Lilyea?
A. I don't know at this time, but he had control
over --
Q. Okay. No. I want to know, what are you saying
to the Court is material here that is a statement that was
made by Mr. Lilyea?
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A. Well, let me look. You have the -- Unmarked, the
page 1, "Here's your WANTED poster for Daniel Bernath who
was never a chief petty officer, honorably or otherwise."
So he said that. And then page 2 --
Q. Can we go back a second. So this is the mark on
page 1. All right.
A. And then page 2, where he posted the WANTED DEAD
OR ALIVE, I guess, poster, and that's highlighted in
yellow.
Item number 36, John Lilyea states something to
Mr. Bernath that has his name on it, so that, based on the
testimony of Mr. Lilyea, I would have to say that's
Mr. Lilyea for sure.
Q. That's the material on page 32 that I referenced.
Go on.
A. And then a second post that says John Lilyea.
And then on page 33, "I told that poor woman in Topeka, has
filed harassment complaint with the local police, John
Lilyea says --"
Q. I'm not asking you to read. I'd just like you to
tell me, is there anything other than the material on page
1, page 32 and page 40 that you contend is a statement made
by Mr. Lilyea?
A. Yes.
Q. Tell me which ones those are, other than those
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statements that I've referenced.
A. Okay. I would have to say that based upon his
ability to change names on his website that I cannot give
an accurate answer. Looking only to his testimony in
Montgomery County Court where he said --
Q. Well, without getting into that --
A. -- that [indiscernible] --
THE COURT: Hold on. Let me make this
simple.
If you know that it's him, and you testified
that it's page 1, page 32, page 40, if -- Do you have any
other way of establishing that it's him? If you don't
know, then you don't know.
THE WITNESS: Oh, I see what you're saying.
Well --
THE COURT: Because, I agree, you can't know
if someone's using a different name, but if you have
evidence that it's him, show [indiscernible].
THE WITNESS: Well, I don't even know if
John Lilyea said these things except by his own testimony.
And we have other judges who say that he doesn't -- I had
it in my hand but I gave it back to Counsel, it was about
the woman in Topeka. And he told the woman in Topeka that
she should sue me. So that was another one. I don't know
where it is in this.
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THE COURT: Okay.
THE WITNESS: So that was another example of
him making my life hell [indiscernible] people.
MR. BOUTIN: So we'll direct the Court's
attention to the only relevant parts of this document,
which are -- Page 1 and page 40 are the same, Your Honor.
THE COURT: Okay.
MR. BOUTIN: And page 32 is a -- Well, the
document speaks for itself.
THE COURT: Okay. Thank you. Okay. You
may continue your inquiry.
BY MR. BOUTIN: [Continuing]
Q. Mr. Bernath, where do you reside today?
A. I slept last night in Tigard, Oregon.
Q. Is that a residence that you have?
A. No.
Q. Where is your residence?
A. I -- You're asking a question of ultimate fact.
I have residence in Florida, I take cruises, I've been to
six -- ten states in the last month or two where I've
resided.
Q. How long did you reside in each of those
locations?
A. In Florida, weeks or months at a time. Cruises,
weeks. The places in the United States, I'd say 24 hours
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or so.
Q. Do you -- What is your address when you reside in
Florida?
A. I'm not going to tell you.
THE COURT: You need to answer the question.
THE WITNESS: 3900 Summerlin, Fort Myers.
I'd ask for a protective order because they
have already started to haunt me in Florida, and gave a --
an address that they think it is based upon what -- who
they think I'm married to, and my daughter.
This is how relentless they are, making my
life hell. So I'd ask for a protective order
[indiscernible] send me something.
THE COURT: Well, open testimony in court, I
can't --
THE WITNESS: I'm not going to put my wife's
life in danger. So you can put me in jail for contempt,
because I'm not going to tell him where I lay my head,
where my wife is.
THE COURT: Well, let's -- we'll let Counsel
inquire, we'll make a judgment each --
BY MR. BOUTIN: [Continuing]
Q. Is 3900 a residence or is that a mailbox?
A. That's a mailbox.
Q. So that's not a residence?
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A. You said it, yes.
Q. All right. And are you otherwise refusing to
disclose where you reside in Florida?
A. Yes; that would be the noticed motion for a
protective order. I'm not going to tell you where I am
after you sit here and make my life hell. And that would
be targeting my wife and daughter.
Q. Okay. I'm going to hand you what I've marked a
copy of Exhibit 101 --
THE COURT: Thank you.
Q. -- and ask you if you recognize this document.
A. No.
Q. Do you deny that you were convicted in US
District Court in case CVB OR45-1208446?
A. I don't --
Q. -- of disorderly conduct?
A. I don't know if a -- what amounts to a traffic
ticket is a conviction. It may be a violation.
Q. Well, nice restructure of the question, but we're
not talking about a traffic ticket, sir. We're talking
about disorderly conduct.
Is that -- Are you the defendant in this case or
is that a different Daniel Bernath?
A. No, that's me.
Q. Okay.
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THE WITNESS: Could I ask for relevance,
Your Honor?
THE COURT: I'll -- I'll overrule the
objection. I think it's relevant, I'll allow it.
MR. BOUTIN: Offer the exhibit, Your Honor.
THE WITNESS: This relates to Dan Hyatt, for
the last four years [indiscernible].
THE COURT: Well, I'll let you testify about
that --
THE WITNESS: Okay.
THE COURT: -- in response, but I'll allow
it for now. Exhibit 101's allowed, Respondent's 101 is
allowed.
BY MR. BOUTIN: [Continuing]
Q. Mr. Bernath, do you drive a car?
A. Yes. Well --
Q. Fly an airplane?
A. Yes.
Q. The reason you resided in ten different states in
the last six weeks is because you flew your airplane to
Florida?
A. I don't understand what you're asking me.
Q. You said you testified [sic] in ten different
states in the last couple of months. Is that because you
flew your airplane to Florida, is that why you resided in
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ten different states?
A. I wouldn't -- approximately ten different states.
I don't know what you mean by the airplane.
Q. Okay. Did you land in ten different states when
you flew to Florida?
A. Approximately, yes.
Q. Okay. When you said you resided in ten different
states, did it have anything other to do than your trip to
Florida in your airplane?
A. No. I was a tourist, I sought instruction.
Q. I'll hand you what's been marked -- a copy of
what I've marked as Exhibit 102. This is an email that you
sent to me on May 16th. Were you in Florida when you sent
me this email?
A. I don't remember.
Q. You say, "We are putting down tile in our new
home in Florida," and the subject line is "I'm going to
take a nap, then go to Home Depot." Does that refresh your
recollection?
A. No.
Q. Do you have any trouble laying tile, sir?
A. I don't lay tile.
Q. Then why did you write here, we are putting down
tile in our new home in Florida?
MR. BERNATH: I object. He's assuming facts
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not in evidence. I don't remember ever saying this and I
don't know where this email came from.
Q. Do you deny that you are Daniel Bernath at
ussyorktowncvs10@yahoo.com?
A. Do I deny that?
Q. Yes.
A. I use that account from time to time, yes.
Q. So you acknowledge that that's your email
address?
A. What do you mean by mine?
Q. Do you send email using that address?
A. From time to time. However, I have no
recollection of this email.
Q. Okay. Are you denying that you sent this email
or are you simply saying you don't recall it here today?
A. I don't recall.
Q. Okay.
A. I don't lay tile too, by the way.
Q. Okay.
A. Or Photoshop.
Yes?
THE COURT: Just answer the questions.
Q. Hand you a copy of what I've marked as Exhibit
103, ask you to read that exhibit. I'm not going to ask
you if you've seen it before because I don't think that you
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have, but it seems to -- purports to be a copy of your
service record. Is there any information on this document
that is inaccurate today?
A. I'm not in the Navy any more. Is that what
you're asking me?
Q. I'm asking if any of the information on this
document is inaccurate today.
A. I was discharged from the Navy from active duty
in 1970. This is 40 years ago, 44 years ago, it's totally
irrelevant to anything here.
THE COURT: That's not the question. The
question is --
THE WITNESS: I made an objection, Your
Honor.
THE COURT: The question is is this -- And
what's your objection?
THE WITNESS: It's totally irrelevant, it
doesn't prove or disprove anything in substantial dispute
or will prove or disprove any element. That I was in the
Navy 44 years ago has nothing to do with anything.
THE COURT: Well, you earlier testified that
this was -- that this photo in this situation is not
accurate. This evidence is a contention that it is
accurate, so I'm going to allow it --
THE WITNESS: All right.
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THE COURT: -- so answer the question.
THE WITNESS: This looks to be a -- I don't
know. I can't -- I can't -- I've never seen this thing
before. Even though I sent you my exhibits, I don't know
what's accurate or inaccurate on that.
BY MR. BOUTIN: [Continuing]
Q. And hand you what's been marked as Exhibit 104
and ask you if you recognize this document.
A. Ask me what?
Q. Do you recognize this document?
A. No.
Q. Do you know John Shepard?
A. No.
Q. I'm going to hand you what's been marked as
Exhibit 105 and ask you if you recognize that document.
A. Yes.
Q. Okay. What is the source of this document?
A. The -- I ran for school board in Tigard-Tualatin
in 2005, and I had a professional photographer make a
portrait of me. You see that picture's 20 years old or so.
And the rest of the picture, I have no idea what it is.
But from my whiskers to the top of my bald head is a
picture the professional photographer took 20 years ago of
me. The rest, I have no idea.
Q. Do you know who made that document that's Exhibit
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105?
A. You didn't mark it. What's 105?
Q. That's the one of the photo of your head.
A. Do I know who -- what?
Q. Do you know who created that image?
A. I think Mark Seavey did.
Q. Okay. Do you have any reason -- why do you
believe Mark Seavey created this?
A. Because he also put my head on a lieutenant
commander or a captain's head.
Q. Do you know of a website called A Special Day?
A. Yes.
Q. What is that website?
A. It's a root directory that has many websites
attached to it.
Q. What is your affiliation with that website?
A. None.
Q. Do you post on it?
A. No.
Q. Do you control it?
A. No.
Q. Do you know who does?
A. No.
Q. Let me hand you a copy of what's marked as
Exhibit 106. I'll represent to you that this is a
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photograph of what was appearing on A Special Day, and it
was downloaded in my office on Monday of this week, where
the identifier at the top of the web page was Daniel
Bernath. Do you know why your name would appear as the
creator of this website?
A. No.
Q. Do you recognize any of the content that appears
on this website?
A. No -- Well, yeah. I think it's -- Just a second.
I would say it's probably Mark Seavey, because Mark Seavey
of the American Legion has Photoshopped a picture of me as
a Navy captain. And it's unmarked, it has no numbers on
that, but this is -- Mark Seavey sent this to me and he
made me a Navy captain, so...
Q. And you're a friend of Mark Seavey who's the
general counsel of the American Legion?
A. No, he's not general counsel. He's the new media
director of the American Legion, which means that he is --
as he says, he's tasked with terrorizing veterans who they
think are misusing the uniform, or not wearing the uniform
correctly. So this is what he sent me.
And I -- if I can mark this as my next exhibit --
THE COURT: Well --
MR. BOUTIN: Few more questions and then I
think we'll be at the end of the cross-examination.
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THE COURT: Okay.
Q. The first image that appears out of the 62 pages
of this website from Monday has a picture of John Lilyea,
and it accused Mr. Lilyea of being a murderer. Do you know
who created that image?
A. No.
Q. The second page has a further picture of John
Lilyea, and it seems to imply that he had something to do
with posting heads of victims on pikes. Do you know who
created that image?
A. I know that John Lilyea said that.
Q. No. Do you know who created that image?
A. No.
Q. Do you recognize -- Did you create any of the
other images that are on this page?
A. Absolutely not. I know nothing about Photoshop.
Q. And you know nothing about the This Ain't -- the
A Special Day website?
A. That's right.
Q. Did you at any time in the last ten years operate
A Special Day as a website?
A. No.
Q. Did you ever have a photography business called A
Special Day?
A. Yes.
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Q. Did you operate a website for it then?
A. Yes.
Q. And that was called A Special Day?
A. Yes.
Q. And you were a photographer, correct?
A. I was a photographer, yes.
Q. And you were a photographer's mate in the Navy?
A. Yes.
Q. And you know nothing about Photoshop?
A. Photoshop was invented in 2000 -- the year 2000
or something. I stopped being a photographer's mate --
Q. Are you taking any medications today?
A. Yes.
Q. Have you ever met John Lilyea in person? Have
you ever seen him in person?
A. You mean where I looked at him and saw him?
Q. Have you ever seen him in person?
A. No. I've avoided him.
Q. Have you ever seen him at your house in Tigard?
A. I believe I saw him moving the bushes or an agent
of him moving in my bushes.
Q. No. Did you ever see Mr. Lilyea at your house in
Tigard, you saw his body, his face, you saw that's who it
was?
A. Objection. You've got a compound question. Did
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I see his body? No. Did I see face? No. Did I see his
activities? Yes.
Q. Your earlier testimony is you saw no one all the
times that you said there was a knock on your door. Is
that still your testimony?
A. Yes.
Q. Are you employed?
A. No.
Q. When was the last time you were employed?
A. Since the VA declared me disabled and Social
Security disabled. Let me think. That must have been
right when judge -- ALJ Hyatt attacked me, so that would be
two thousand -- four years ago.
Q. And when you say Judge Hyatt attacked you, that's
the conduct that led to your criminal conviction for
disorderly conduct?
A. No.
Q. It was some other conduct that led to that
criminal conviction?
A. Yes.
Q. What conduct was that?
A. I walked to the elevator with [indiscernible] I'm
pointing to my case, with my crutch -- may not even have
had a crutch.
I walked to the elevator. Dan Hyatt, who's just
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been suspended for petting women on the fanny, as a judge,
was already in the elevator. He ran to the front of the
elevator, he yelled at me that I'm not going to get out of
the elevator, I was surrounded by people. He then chest
beat me twice.
I then came to this court and got a restraining
order him -- against him the next day. I then went to
court because he's a federal --
THE COURT: Where are you going?
THE WITNESS: He --
THE COURT: He asked a question, and you're
going beyond the scope of the question.
So any further questions, Counsel?
THE WITNESS: Well, I want to answer that --
MR. BOUTIN: A few more things.
THE WITNESS: -- what I was convicted of.
THE COURT: Well, he -- you answered it
wasn't [indiscernible] conduct. I want to make sure --
MR. BERNATH: Well, no, they called that
disorderly conduct in that I blocked the elevator that the
judge was blocking while people were around me.
THE COURT: So you were convicted as it
relates to the incident with the judge.
MR. BERNATH: I was convicted of blocking a
blocked elevator.
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THE COURT: Okay. We have the answer. Go
ahead, Counsel.
BY MR. BOUTIN: [Continuing]
Q. When was the last time you were employed?
Approximately four years ago?
A. That's my recollection. Let me think. I've
reactivated my bar license, because I'm looking at taking
on a case against Yelp of California, so I haven't filed
that yet. So at what point I become employed again, I
don't know.
Q. When was --
A. Did that take the wind out of your sails,
[indiscernible] question?
Q. It's so awkward to try to figure out where you're
going, sir. [Indiscernible]?
A. You answer -- ask the questions, I'll answer
them, Counsel.
THE COURT: All right.
Q. How many times have you appeared on the
television show Grimm?
A. Oh, that's right. Okay. I was on --
THE COURT: I'm going to stop. Why is this
relevant to this?
MR. BOUTIN: We're going to get to one
further issue. And I'll withdraw the question. Thank you.
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THE COURT: Okay.
MR. BOUTIN: All right. I have no further
questions. I take it, unless there's some rebuttal
testimony, at this point we're at the end of the case in
chief.
THE COURT: Under [indiscernible] case.
MR. BERNATH: You know, I have some things I
want to point out.
THE COURT: Well --
MR. BERNATH: The restraining order I got
against Judge Hyatt, it lasted for a year.
The captain's head, John Lilyea, a partner
of -- Mark Seavey, a partner of Lilyea, made this Photoshop
of me with a captain's body. The pike where he's -- What
happened, as I testified, five people, they have pushed to
suicide.
THE COURT: This is --
MR. BERNATH: This is my testimony, I'm
referring to that.
And they were discussing it on This Ain't
Hell. And some of them said, well, F him, he got what he
deserved, it's a warning -- it's a warning to others.
And Lilyea said, we're going to leave this
all up -- and I'm paraphrasing -- we're going to leave all
this stuff up about how he attacked this guy as heads on a
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pike on the way to our community. This is what John Lilyea
posted.
As for A Special Day, Counsel, maybe he did
it inadvertently, misunderstands and gives the Court bad
information.
A Special Day is a group directory. Over
the years there have been A Special Day dentists, A Special
Day law office -- what was her name -- A Special Day
travel.
What I'm -- What I'm saying is that it
was -- A Special Day guide was a root directory that I used
at one time, and that other businesses were permitted to
hang onto that and thereby bypass having to buy a whole
server plan of $50 a month. They could simply be a
directory off of the big directory and then have a redirect
to their website.
So what is going on here, this -- This Ain't
Hell appears to be like the dentist, the doctor, the lawyer
who merely have websites that hang onto that so they don't
have to pay a server company $50 a month.
THE COURT: Okay. Anything else to add to
your case --
MR. BERNATH: No, Your Honor.
THE COURT: -- in chief? All right. So
Petitioner rests?
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MR. BERNATH: Yes.
THE COURT: Okay.
MR. BOUTIN: At this point, I'm going to
renew my motion to dismiss on the basis of jurisdiction.
He's got the burden of proving that my client is subject to
the jurisdiction of this court, and he's not.
Further, I would move to dismiss for two
other reasons: Mr. Bernath is not 65 years old, he is 64.
He did not bring this as an elderly person, he brought this
claim as a disabled person; he has put on no evidence to
indicate that he's in any way disabled. So that's a
failure.
Further, he has not put on any credible
evidence that he has been harassed or abused within the
context of this particular statute, Your Honor, nor has he
put on any evidence to indicate that he was in imminent
danger of further harassment and abuse.
As the Court has noted, clearly, Mr. Lilyea
and some other people do not appreciate some of
Mr. Bernath's conduct. Clearly, Mr. Bernath does not
appreciate some of Mr. Lilyea and other people's conduct,
but that is not what the point of this intention is. Why
is this important. Because, first of all, I still happen
to believe that the law's important and it needs to be
enforced according to what it is. I also believe that this
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is abuse of the restraining order process.
The Court can take judicial notice that in
addition to the Clackamas County case where the
fraudulent -- the perjurer's declaration was filed, there's
also litigation pending in Multnomah County Circuit Court,
Case 1401-00633, in which Mr. Bernath is prosecuting claims
for intentional infliction of emotional distress, and he's
using in those cases the finding of this Court.
This is a -- He uses this restraining order
as prima facie evidence of things that it is not. So it is
important to address this and deal with it within the
context of the law.
He has not proven he's disabled, he has not
proven he's been abused with any intention of this, he has
not -- statute. He has not proven that he's in imminent
danger of further abuse.
All he has testified to is that on four
occasions -- on three of which Mr. Lilyea was in
Washington, DC, according to the record that he makes in
his memorandum in opposition to the telephone appearance --
there were rattling of the bushes and he saw no one. That
is the whole of the testimony. And on the strength of that
testimony, the Court should dismiss it at this time.
MR. BERNATH: Well, he brought up new
evidence in his closing argument. He brings up the lawsuit
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downtown. Now, I -- I'm a defendant in a cross complaint
up there. Judge Hyatt has sued me because I brought a
restraining order against him four years ago.
THE COURT: I'm -- I'm going to strike that
reference to any evidence and the argument that Counsel's
made that's not been presented here so far.
MR. BERNATH: Okay. Now he says that I
haven't proved that I'm disabled. He asked me the
question, I said yes, ever since I was disabled in -- four
years ago. So I've done that.
I don't know if you want this, this is the
VA saying I'm 100 percent disabled, and America is grateful
to you for your service, and here's the medication I was
given, but I testified as to that.
As to imminent harm, I'll be brutally honest
with the Court. When I brought -- and I always have been.
When I brought the temporary restraining order, the death
threats stopped. And as I told my wife, I want the death
threats to stop. They can call me all the bad names they
want to, but the death threats have got to stop.
So now they don't say we're going to curb
stomp you, which is what they said, you douche tool,
they're not going to say those things any more, and they
have stopped when I brought the temporary restraining
order. So --
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THE COURT: All right.
MR. BERNATH: So I always look at it this
way, I'm the lawyer, I bring you the facts, my job is to
bring you the facts. I bring you the law, and you can do
what you want to do, and that's why you're there, and I'm
here. I think that it would serve the public, it would
serve me and my family if he was ordered to stay where he
is and never come at me again.
The WANTED poster -- and I know you won't do
that because that would be going outside the record, but
you could go to Google and say, "wanted, Bernath," and my
WANTED poster, the one that's Exhibit 1, is right there for
the next 60,000 people to look at and unleash hell on me.
And that's what I want the restraining order
to do is say stop talking about me. You can call me all
the bad names you want to. They call me Bernasty pants,
and I'm like, well, this is like junior high school stuff,
you know. But it's the telling people to make my life
hell -- no, make his life miserable, and they have, that
should be stopped.
And an order from you to tell him to not
mention me again in the future would put this all to rest.
There's no reason this WANTED poster should
stay up, that John Lilyea presents to 60,000 people a day,
it looks like.
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And that's -- that's all I've got to say.
Thank you, Your Honor.
THE COURT: Thank you.
Counsel, one quick thing, on Crocker and
Evers, you've been patient, you guys. We've got -- Judge
Butterfield will take the case at 3:30, so you can have it
heard today.
A VOICE: Okay. Thank you, Your Honor
[indiscernible] I've already released some of my witnesses.
THE COURT: Have you --
A VOICE: I had the impression that we were
just not going to get to this.
THE COURT: Oh. Well, okay. Because
they've been trying to find a judge for you, that's what
we've been doing for the last couple hours.
Is there any way you can recover those
witnesses, is it possible to call?
A VOICE: I don't know.
THE COURT: Because Judge Latourneau cannot
hear the matter next week, that's the problem.
A VOICE: And I don't know if we'll be able
to finish this in an hour and a half either.
THE COURT: Well --
A VOICE: [Indiscernible].
THE COURT: I mean, the opportunity to start
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PACE REPORTING503.655.4183
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it at least today might be worth it, then, with Judge
Butterfield, and you can try to continue it, get on his
calendar. I mean, otherwise you're going to be looking for
a long time to get on somebody's docket.
I don't know if you two want to chat outside
about that and let me know, but he can take it at 3:30.
And when I finish this matter, we can take it up if we can
set a record of what we're going to do for the next steps
in the case.
A VOICE: Okay. Thank you.
THE COURT: All right. [Indiscernible]
Thank you, gentlemen [indiscernible]. Okay.
MR. BOUTIN: So, Your Honor, we'll take
exception to the part of Mr. Bernath's marriage which was
outside the factual evidence that's been presented today.
THE COURT: Right.
MR. BOUTIN: The issue still is what is the
purpose of a proceeding under Chapter 1.4. As the Court
has observed, in dicta, there are other forms for the rest
of this junior high behavior, I understand all of that, but
for purposes of respecting Chapter 124, basis of the motion
is restated, he has not put on evidence that he's disabled,
he has not put on evidence that he's been abused, he's not
put on evidence that he's in imminent danger of abuse, and
he has not proven that Mr. Lilyea is subject to
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PACE REPORTING503.655.4183
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jurisdiction of this court.
MR. BERNATH: Okay. Since he
[indiscernible] argument --
THE COURT: Hold on.
MR. BOUTIN: And at the closing of his case
in chief, he has not met his burden.
THE COURT: I understand. I understand
where we're at. Let me -- Like I said at the start of the
case, at the end of Petitioner's case in chief, we turn and
look at the evidence and decide what's here as to whether
or not the burden then shifts to Respondent to address or
counter the evidence that's presented.
I have to say for the record, the actions of
all of the parties in this case is disappointing. It's
disappointing that there are issues with behavior online,
you're all throwing mud back and forth about statements
made and things done online, but I am bound by the statute
and the evidence.
And the requirement to continue a
restraining order is evidence sufficient to prove fear of
future harm. And you've got to tie that harm and the fear
of that harm to the respondent.
It's clear the petitioner may be subject to
other people who are making comments. I mean, the evidence
is clear. You've offered evidence about many people that
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PACE REPORTING503.655.4183
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may be saying derogatory things that you contest or contend
are not true. I'm not here to pass judgment on them one
way or the other. I'm only here to determine whether or
not this respondent -- whether the restraining order should
be continued.
And I do not find that the evidence meets
the statutory requirements to continue the restraining
order. I appreciate your dealing with a problem from
people --
MR. BERNATH: Well, I appreciate that
[indiscernible] no need to hear your voice.
THE COURT: -- [indiscernible] you're
dealing with, but I --
MR BERNATH: I believe that I meet the
statute specifically, and I'll just take it to the next
court.
THE COURT: Well, that's --
MR. BERNATH: So --
THE COURT: -- your prerogative, and I
appreciate you've got your rights.
I will dismiss this restraining order, and
that will be the finding of the Court.
And if you -- if you need to get your
exhibits back, we can figure out that process, but --
MR. BOUTIN: Appreciate that, Your Honor.
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PACE REPORTING503.655.4183
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May Mr. Lilyea be excused?
THE COURT: Yes, he may.
MR. BOUTIN: All right.
John, go ahead and hang up, we'll call you
shortly.
MR. LILYEA: All right. Thank you.
THE COURT: Petitioner, if you want to
remain here in the courtroom for a copy of the order, you
may do so.
MR. BOUTIN: I would like to get the one
binder back, Your Honor.
THE COURT: Okay.
MR. BOUTIN: [Indiscernible] copy of the
whole 500 pages.
THE COURT: Okay.
[End of recording]
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PACE REPORTING503.655.4183
89
C E R T I F I C A T E
State of Oregon )) ss.
County of Clackamas )
I, Lisa J. Pace, Court Reporter and Notary
Public for the State of Oregon, do hereby certify that the
foregoing transcript, Pages 1 to 88, both inclusive, were
transcribed from the official audio record and constitute a
full, true and correct transcript as far as is possible,
taking into consideration the quality of the official
audiotape/CD record of the proceedings held in the
aforementioned matter on May 29, 2014.
Witness my hand at Lake Oswego, Oregon, this
11th day of July, 2014.
______________________________Lisa J. PaceCourt ReporterNotary Public for Oregon
$
$50 [2] - 79:14, 79:20
'
'95 [1] - 11:8
1
1 [15] - 26:19, 45:24,
53:7, 53:9, 53:10,
53:16, 53:23, 55:1,
61:2, 61:6, 61:22,
62:11, 63:6, 83:12,
89:9
1-503-846-2268 [1] -
21:23
1.4 [1] - 85:18
10 [2] - 9:7, 50:21
100 [1] - 82:12
101 [2] - 65:9, 66:12
101's [1] - 66:12
102 [1] - 67:12
103 [1] - 68:24
10335 [1] - 2:4
104 [1] - 70:7
105 [3] - 70:15, 71:1,
71:2
106 [1] - 71:25
11th [1] - 89:16
124 [1] - 85:21
124.005 [5] - 53:7,
53:9, 53:10, 53:16,
53:23
124.010 [1] - 8:3
124.015 [1] - 55:1
124.020 [1] - 13:24
13 [4] - 59:1, 59:5,
59:10, 59:25
13th [1] - 38:11
14 [2] - 7:3, 7:15
1401-00633 [1] - 81:6
14th [1] - 56:18
16th [1] - 67:13
18 [1] - 28:24
1970 [1] - 69:9
1994 [1] - 11:8
19th [1] - 14:9
1:15 [2] - 8:21, 57:14
1:29 [2] - 8:19, 57:11
2
2 [3] - 6:15, 61:4, 61:7
20 [3] - 9:7, 70:20,
70:23
2000 [2] - 74:10
2005 [1] - 70:19
2013 [1] - 6:21
2014 [7] - 1:19, 38:11,
46:18, 47:1, 56:18,
89:14, 89:16
232 [2] - 7:3, 7:14
235 [2] - 7:3, 7:14
24 [1] - 63:25
29 [1] - 89:14
29th [1] - 1:19
3
3 [6] - 6:21, 6:24, 8:3,
55:6, 56:1, 57:2
3,000 [2] - 7:8, 7:13
3/16/14 [2] - 8:13, 57:5
30 [2] - 30:14, 50:13
30-bullet [1] - 49:9
31 [2] - 3:5, 6:16
32 [5] - 60:6, 61:14,
61:22, 62:11, 63:8
33 [1] - 61:17
350,000 [1] - 29:7
357 [2] - 48:4, 48:9
36 [1] - 61:10
37 [2] - 6:19
3900 [2] - 64:6, 64:23
3:30 [2] - 84:6, 85:6
3:50 [2] - 8:15, 57:7
4
4 [4] - 55:1, 55:7, 56:1,
57:2
40 [6] - 60:5, 60:7,
61:22, 62:11, 63:6,
69:9
40.180 [2] - 31:19,
36:1
405 [1] - 2:10
44 [2] - 69:9, 69:20
45 [5] - 48:3, 48:4,
48:7, 48:8, 49:8
5
5 [3] - 55:8, 56:1, 57:2
5/11 [1] - 8:18
5/11/14 [1] - 57:10
5/12 [1] - 57:11
5/12/14 [1] - 8:19
5/23 [1] - 57:14
5/23/14 [1] - 8:21
50 [1] - 11:24
500 [3] - 6:1, 27:8,
88:14
5005 [1] - 2:10
503-601-6800 [1] -
2:11
53 [1] - 3:7
59 [1] - 6:24
6
6 [1] - 55:9
60 [3] - 3:7, 6:24
60,000 [6] - 41:6,
53:22, 54:11, 59:2,
83:13, 83:24
62 [1] - 73:2
64 [1] - 80:8
65 [1] - 80:8
7
7 [2] - 35:6, 55:9
8
8 [3] - 35:6, 49:6,
49:16
88 [1] - 89:9
9
9 [2] - 13:24, 49:6
97035 [1] - 2:11
97224 [1] - 2:5
98 [1] - 35:6
9th [2] - 46:18, 47:1
A
abilities [1] - 9:1
ability [1] - 62:3
able [2] - 21:24, 84:21
above-entitled [1] -
1:15
absolutely [1] - 73:16
abuse [8] - 8:8, 10:19,
45:4, 52:16, 80:17,
81:1, 81:16, 85:24
Abuse [1] - 55:2
abused [3] - 80:14,
81:14, 85:23
accept [2] - 5:11, 59:9
accepted [1] - 5:21
according [3] - 46:7,
80:25, 81:19
account [1] - 68:7
accurate [4] - 62:4,
69:23, 69:24, 70:5
accused [3] - 34:3,
34:4, 73:4
acknowledge [4] -
12:5, 19:12, 29:6,
68:8
Act [3] - 8:6, 47:4,
55:3
acted [1] - 35:18
acting [1] - 34:2
actions [1] - 86:13
active [2] - 25:11, 69:8
activities [1] - 75:2
add [1] - 79:21
addition [1] - 81:3
address [20] - 10:10,
11:1, 11:4, 11:7,
11:11, 14:23, 14:25,
30:5, 30:8, 31:23,
32:6, 36:23, 37:6,
50:23, 64:2, 64:9,
68:9, 68:11, 81:11,
86:11
Administration [1] -
25:1
administrator [1] -
28:15
admit [2] - 40:8, 54:10
admitted [2] - 35:8,
57:2
adopt [2] - 18:4, 46:11
advance [1] - 30:1
advanced [1] - 55:9
advancing [1] - 15:23
advise [2] - 5:1, 15:25
advised [2] - 4:16,
21:6
advocacy [1] - 25:9
affect [1] - 8:4
affiliation [1] - 71:16
affirmed [2] - 23:2,
23:14
affix [1] - 54:6
aforementioned [1] -
89:14
aftermath [1] - 55:10
afternoon [1] - 4:9
agent [3] - 8:10, 8:23,
74:20
agents [2] - 9:16, 12:9
ago [17] - 5:24, 7:19,
14:19, 18:16, 25:1,
28:19, 29:12, 34:4,
50:17, 69:9, 69:20,
70:23, 75:13, 77:5,
82:3, 82:10
agree [8] - 19:8,
20:11, 39:1, 40:24,
41:11, 41:17, 41:22,
62:16
ahead [8] - 26:11,
29:24, 34:9, 37:16,
42:17, 51:8, 77:2,
88:4
Ain't [6] - 28:16, 46:9,
48:22, 73:17, 78:20,
79:17
aircraft [1] - 29:1
airplane [5] - 66:17,
66:20, 66:25, 67:3,
67:9
PACE REPORTING503.655.4183
1
Alan [2] - 43:18, 45:20
ALIVE [1] - 61:8
ALJ [1] - 75:12
allegation [1] - 5:21
allegations [4] -
11:20, 13:13, 26:1,
36:12
allege [1] - 11:17
allow [6] - 34:16,
37:14, 57:1, 66:4,
66:11, 69:24
allowed [2] - 66:12,
66:13
ALS [3] - 15:23, 37:25,
38:4
Alvarez [3] - 47:7,
48:18, 48:19
ambulate [1] - 16:1
amend [5] - 12:14,
13:1, 14:1, 14:2,
14:4
America [1] - 82:12
American [3] - 72:11,
72:16, 72:18
amounts [1] - 65:17
angry [2] - 48:18,
50:14
annoying [1] - 41:16
answer [16] - 21:24,
31:14, 34:17, 37:10,
37:15, 37:16, 38:7,
51:9, 62:4, 64:5,
68:22, 70:1, 76:14,
77:1, 77:16
answered [2] - 39:11,
76:17
apologize [1] - 59:23
apparent [1] - 19:9
appear [4] - 7:15,
12:17, 16:5, 72:4
appearance [2] -
15:21, 81:20
APPEARANCES [1] -
2:1
appeared [2] - 29:7,
77:19
appearing [3] - 4:13,
49:13, 72:1
APPEARING [2] - 2:3,
2:8
applicable [2] - 15:7,
19:25
apply [1] - 15:7
appreciate [12] - 10:3,
15:1, 19:4, 25:21,
52:7, 53:2, 80:19,
80:21, 87:8, 87:10,
87:20, 87:25
approach [3] - 22:5,
27:2, 56:2
appropriate [1] -
31:14
appropriated [2] -
28:19, 28:20
April [2] - 14:8, 56:16
argue [2] - 35:25,
52:21
argued [1] - 17:11
argument [10] - 10:6,
10:23, 19:13, 24:17,
24:18, 24:20, 30:11,
81:25, 82:5, 86:3
arguments [2] - 17:9,
20:4
Army [2] - 25:11,
42:12
arsenal [1] - 49:11
ass [2] - 36:23, 37:5
Associates [1] - 2:10
association [1] -
25:10
assume [1] - 15:5
assuming [1] - 67:25
attached [1] - 71:15
attacked [4] - 25:1,
75:12, 75:14, 78:25
attempted [1] - 29:11
attend [1] - 16:12
attention [5] - 6:3,
6:15, 6:23, 28:17,
63:5
audio [1] - 89:10
audiotape/CD [1] -
89:13
authored [2] - 60:17,
60:20
avoid [1] - 8:8
avoided [1] - 74:18
aware [4] - 32:11,
32:14, 32:16, 32:18
awkward [2] - 7:8,
77:14
ax [1] - 34:13
B
background [1] -
25:21
bad [3] - 79:4, 82:19,
83:16
bald [1] - 70:22
band [1] - 27:12
bar [1] - 77:7
based [4] - 12:23,
61:11, 62:2, 64:9
basis [4] - 5:7, 5:14,
80:4, 85:21
battle [1] - 52:10
BE [1] - 1:15
beat [1] - 76:5
become [1] - 77:9
bed [2] - 48:3, 48:8
began [1] - 8:14
begin [1] - 57:18
beginning [2] - 6:7,
26:25
behavior [2] - 85:20,
86:15
belief [3] - 12:15, 13:2,
14:3
Bench [2] - 27:2, 55:3
bench [1] - 56:2
beret [1] - 54:5
Bernasty [1] - 83:16
BERNATH [136] - 1:4,
4:7, 4:25, 8:1, 9:24,
10:1, 10:9, 10:11,
11:2, 11:5, 11:8,
11:12, 11:16, 11:22,
11:24, 12:3, 12:8,
12:14, 13:1, 13:8,
13:17, 13:21, 13:24,
14:13, 16:17, 18:13,
18:23, 19:1, 19:7,
20:23, 23:13, 24:8,
24:10, 24:13, 24:19,
24:23, 25:23, 26:4,
26:9, 26:12, 27:5,
27:8, 27:21, 27:25,
28:2, 28:11, 29:18,
30:5, 30:8, 30:12,
30:17, 30:21, 31:1,
31:4, 31:18, 31:22,
32:23, 33:8, 33:17,
33:18, 33:25, 34:11,
35:17, 35:20, 35:25,
36:10, 36:15, 36:18,
36:20, 37:12, 37:20,
39:7, 39:18, 39:20,
39:25, 40:3, 40:6,
40:21, 41:2, 41:5,
42:8, 44:7, 44:10,
44:15, 44:17, 44:20,
44:21, 45:23, 46:4,
46:5, 48:14, 49:15,
49:24, 50:11, 51:20,
52:1, 52:4, 52:21,
52:24, 53:3, 53:6,
54:3, 54:16, 54:21,
54:25, 55:14, 55:17,
56:1, 56:4, 56:10,
56:16, 56:18, 57:4,
57:22, 58:1, 58:15,
58:22, 58:25, 59:7,
59:12, 60:8, 67:25,
76:19, 76:24, 78:7,
78:10, 78:18, 79:23,
80:1, 81:24, 82:7,
83:2, 86:2, 87:10,
87:14, 87:18
Bernath [57] - 2:4, 3:7,
4:3, 4:23, 5:19, 5:24,
6:4, 6:9, 6:24, 9:10,
16:5, 16:9, 16:10,
17:21, 18:17, 23:19,
23:20, 24:5, 25:5,
25:20, 28:9, 28:19,
28:25, 29:10, 29:11,
29:12, 29:15, 29:17,
31:24, 32:3, 32:5,
32:6, 32:21, 35:14,
38:9, 38:12, 38:23,
41:10, 42:6, 43:18,
46:25, 47:17, 48:12,
50:17, 60:15, 61:2,
61:11, 63:13, 65:23,
66:15, 68:3, 72:4,
80:8, 80:20, 81:6,
83:11
Bernath's [4] - 7:11,
45:20, 80:20, 85:14
best [1] - 52:7
better [1] - 29:23
between [1] - 52:10
beyond [1] - 76:12
big [2] - 41:19, 79:15
binder [1] - 88:11
birds [1] - 36:4
bit [4] - 13:11, 17:20,
28:25, 58:18
black [1] - 41:19
blisters [1] - 56:25
blocked [2] - 76:20,
76:25
blocking [2] - 76:21,
76:24
blurted [1] - 9:20
board [1] - 70:18
body [3] - 74:23, 75:1,
78:14
bottom [1] - 19:5
bound [1] - 86:17
bounty [1] - 49:1
BOUTIN [72] - 4:5, 4:9,
4:14, 4:16, 5:4, 9:21,
13:5, 14:8, 14:12,
15:19, 16:8, 16:21,
17:6, 17:14, 21:2,
21:17, 21:20, 28:4,
28:8, 28:13, 29:20,
29:25, 32:19, 33:21,
34:15, 34:22, 35:1,
37:8, 37:10, 39:4,
39:15, 40:16, 40:19,
44:6, 46:1, 46:22,
49:12, 49:18, 50:4,
50:8, 51:8, 54:18,
56:7, 57:20, 58:19,
59:5, 59:18, 59:21,
59:24, 60:2, 60:11,
60:14, 63:4, 63:8,
63:12, 64:22, 66:5,
66:14, 70:6, 72:24,
76:15, 77:3, 77:24,
78:2, 80:3, 85:13,
85:17, 86:5, 87:25,
88:3, 88:10, 88:13
Boutin [3] - 2:9, 2:10,
4:10
brand [1] - 18:17
break [1] - 44:23
bridge [2] - 13:10,
20:17
brief [4] - 19:19,
24:18, 24:19, 26:1
briefed [2] - 17:15,
20:10
briefing [2] - 20:9,
20:19
bright [1] - 45:19
bring [5] - 47:8, 80:9,
83:3, 83:4
bringing [1] - 14:20
brings [1] - 81:25
broke [2] - 55:4, 55:8
broken [1] - 8:12
brought [6] - 80:9,
81:24, 82:2, 82:16,
82:17, 82:24
brutally [1] - 82:15
Bryan [1] - 9:6
bullet [1] - 50:13
bunch [1] - 25:14
burden [7] - 17:16,
17:18, 20:14, 24:1,
80:5, 86:6, 86:11
bush [1] - 57:9
bushes [6] - 8:15,
8:17, 57:6, 74:20,
74:21, 81:21
business [1] - 73:23
businesses [1] -
79:12
Butterfield [2] - 84:6,
85:2
buy [1] - 79:13
BY [19] - 31:22, 33:18,
34:11, 36:20, 37:20,
39:20, 40:6, 41:5,
44:21, 46:5, 49:24,
50:11, 54:3, 60:14,
63:12, 64:22, 66:14,
70:6, 77:3
bypass [1] - 79:13
C
C140741RO [2] - 1:6,
4:4
Cafe [1] - 50:22
PACE REPORTING503.655.4183
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calendar [1] - 85:3
California [3] - 4:25,
30:14, 77:8
campaign [1] - 50:19
cannot [3] - 50:5,
62:3, 84:19
captain [2] - 72:12,
72:14
captain's [3] - 71:10,
78:12, 78:14
car [1] - 66:15
care [2] - 53:11, 53:13
Carlisle [1] - 51:12
carrier [1] - 29:1
carry [2] - 48:4, 48:8
case [27] - 5:10, 7:11,
18:2, 18:7, 20:1,
27:18, 44:12, 47:7,
48:18, 51:24, 53:21,
59:15, 59:19, 65:14,
65:22, 75:23, 77:8,
78:4, 78:6, 79:22,
81:3, 84:6, 85:9,
86:5, 86:9, 86:14
Case [3] - 4:4, 5:25,
81:6
cases [1] - 81:8
caught [1] - 33:4
caused [3] - 53:7,
55:5, 55:24
causing [2] - 53:8
ceremony [1] - 16:13
certain [3] - 18:4,
36:6, 49:21
certainly [1] - 45:17
certify [1] - 89:8
chairs [1] - 48:23
chance [4] - 15:8,
19:19, 20:16, 58:17
change [2] - 10:19,
62:3
Chapter [2] - 85:18,
85:21
character [1] - 35:18
chat [1] - 85:5
Cheryl [1] - 21:9
chest [1] - 76:4
chevrons [2] - 28:23
chief [13] - 25:6,
28:20, 32:7, 32:12,
32:15, 38:12, 59:15,
59:21, 61:3, 78:5,
79:24, 86:6, 86:9
Chief [1] - 31:24
circle [1] - 41:18
CIRCUIT [1] - 1:1
Circuit [8] - 1:17, 5:24,
6:10, 7:20, 17:22,
17:24, 81:5
City [1] - 10:1
city [1] - 9:5
civil [1] - 52:13
Clackamas [9] - 5:24,
6:10, 7:11, 7:20,
17:22, 18:1, 40:10,
81:3, 89:5
claim [2] - 43:5, 80:10
claims [1] - 81:6
CLAYTON [3] - 21:21,
22:1, 22:5
clear [5] - 17:15,
30:23, 34:8, 86:23,
86:25
clearly [6] - 17:6,
26:19, 53:1, 53:2,
80:18, 80:20
clerk [1] - 4:16
CLERK [5] - 21:10,
21:12, 21:15, 23:5,
23:17
client [9] - 4:13, 4:21,
5:8, 5:10, 5:12, 14:6,
14:8, 20:25, 80:5
close [1] - 12:18
closing [3] - 20:7,
81:25, 86:5
club [1] - 32:12
clubs [1] - 32:14
Coast [1] - 25:11
coconspirator [1] -
44:4
codefendant [2] -
44:4, 44:12
coercion [1] - 53:18
colorful [1] - 18:24
combat [1] - 25:13
commander [1] -
71:10
commencing [1] -
1:18
commentary [1] -
27:16
comments [3] - 9:9,
10:20, 86:24
commodores [1] -
32:15
communicate [1] -
26:24
communicated [1] -
45:12
community [2] - 29:3,
79:1
companions [1] -
16:25
company [1] - 79:20
complained [1] - 27:9
complaint [2] - 61:18,
82:1
completely [1] - 47:20
compliance [1] -
14:18
component [1] - 38:4
compound [1] - 74:25
concerned [2] - 15:3,
15:10
conduct [11] - 53:19,
65:16, 65:21, 75:15,
75:16, 75:18, 75:21,
76:18, 76:20, 80:20,
80:21
confirm [1] - 4:24
conflict [1] - 53:1
connect [1] - 52:23
consider [1] - 54:24
consideration [1] -
89:12
constitute [1] - 89:10
contact [2] - 29:11,
29:13
contacted [7] - 9:2,
9:3, 9:4, 9:6, 9:11,
25:4, 26:12
contacting [1] - 29:13
contacts [1] - 57:17
contempt [1] - 64:17
contend [3] - 60:16,
61:22, 87:1
content [1] - 72:7
contention [1] - 69:23
contentions [1] - 10:4
contest [1] - 87:1
contested [1] - 13:25
context [3] - 48:6,
80:15, 81:12
continuation [1] -
11:19
continue [7] - 23:25,
29:22, 33:3, 63:11,
85:2, 86:19, 87:7
continued [3] - 24:4,
36:14, 87:5
Continuing [13] -
33:18, 34:11, 36:20,
37:20, 39:20, 44:21,
46:5, 49:24, 50:11,
54:3, 63:12, 64:22,
77:3
continuing [6] - 35:2,
40:6, 41:5, 44:13,
66:14, 70:6
continuously [1] -
11:10
control [3] - 51:18,
60:21, 71:20
controls [2] - 26:23,
54:1
convenience [1] -
18:3
convicted [6] - 28:10,
30:13, 65:13, 76:16,
76:22, 76:24
conviction [3] - 65:18,
75:15, 75:19
copies [3] - 27:4, 27:5,
30:1
copy [12] - 5:23, 6:1,
29:17, 30:4, 59:25,
65:9, 67:11, 68:23,
69:1, 71:24, 88:8,
88:13
correct [25] - 4:13,
4:14, 4:24, 14:9,
17:7, 22:1, 37:23,
37:25, 40:11, 40:12,
40:15, 41:7, 41:19,
41:25, 43:8, 43:15,
46:10, 46:20, 49:2,
50:3, 51:12, 51:14,
60:16, 74:5, 89:11
correctly [1] - 72:21
counsel [11] - 14:6,
21:18, 22:7, 22:17,
29:13, 30:15, 31:17,
38:25, 56:5, 72:16,
72:17
Counsel [21] - 4:13,
5:3, 7:24, 8:2, 9:18,
14:25, 17:2, 18:19,
19:13, 20:24, 27:4,
38:25, 44:11, 56:3,
62:22, 64:20, 76:13,
77:2, 77:17, 79:3,
84:4
Counsel's [2] - 56:11,
82:5
counter [1] - 86:12
country [3] - 45:3,
51:1, 53:22
COUNTY [1] - 1:2
county [3] - 5:20,
5:22, 6:5
County [29] - 1:18,
5:24, 6:10, 6:12,
7:11, 7:18, 7:20,
10:25, 11:4, 11:23,
12:13, 12:20, 13:3,
13:9, 13:15, 14:9,
14:11, 14:12, 17:22,
17:23, 18:2, 25:13,
40:10, 46:8, 62:5,
81:3, 81:5, 89:5
couple [2] - 66:24,
84:15
course [2] - 20:1, 30:2
COURT [208] - 1:1,
4:3, 4:6, 4:8, 4:12,
4:15, 4:20, 5:2, 7:24,
9:25, 10:2, 10:10,
10:21, 11:3, 11:6,
11:10, 11:13, 11:17,
11:23, 12:1, 12:4,
12:11, 12:24, 13:4,
13:7, 13:10, 13:18,
13:23, 14:6, 14:11,
14:23, 16:7, 16:19,
17:2, 17:8, 18:19,
18:25, 19:3, 19:8,
20:24, 21:8, 21:11,
21:13, 21:16, 21:19,
21:24, 22:4, 22:6,
22:11, 22:14, 22:23,
23:8, 23:21, 24:9,
24:12, 24:14, 24:21,
25:19, 25:24, 26:5,
26:11, 27:3, 27:7,
27:16, 27:22, 28:1,
28:6, 28:12, 29:19,
29:21, 30:3, 30:7,
30:10, 30:15, 30:18,
30:23, 31:2, 31:5,
31:10, 32:2, 32:4,
32:21, 32:24, 33:9,
33:22, 34:6, 34:16,
34:25, 35:2, 35:4,
35:14, 35:19, 35:22,
36:2, 36:11, 36:17,
37:14, 37:19, 38:23,
39:9, 39:14, 39:17,
39:22, 40:2, 40:4,
40:18, 40:23, 41:4,
42:6, 42:9, 44:8,
44:11, 44:16, 44:18,
45:25, 46:2, 48:12,
48:16, 49:17, 49:19,
50:7, 50:9, 51:9,
51:19, 51:22, 52:2,
52:6, 52:22, 52:25,
53:5, 54:14, 54:17,
54:20, 54:23, 55:12,
55:16, 55:21, 56:3,
56:5, 56:9, 56:11,
56:15, 56:17, 57:1,
57:21, 57:24, 58:14,
58:17, 58:24, 59:6,
59:9, 59:14, 59:20,
59:22, 60:1, 60:10,
62:8, 62:16, 63:1,
63:7, 63:10, 64:5,
64:14, 64:20, 65:10,
66:3, 66:8, 66:11,
68:22, 69:11, 69:15,
69:21, 70:1, 72:23,
73:1, 76:9, 76:11,
76:17, 76:22, 77:1,
77:18, 77:22, 78:1,
78:6, 78:9, 78:17,
79:21, 79:24, 80:2,
82:4, 83:1, 84:3,
84:10, 84:13, 84:19,
84:23, 84:25, 85:11,
85:16, 86:4, 86:7,
PACE REPORTING503.655.4183
3
87:12, 87:17, 87:19,
88:2, 88:7, 88:12,
88:15
court [14] - 7:17,
18:18, 32:25, 33:20,
34:20, 36:12, 42:17,
46:10, 64:14, 76:6,
76:8, 80:6, 86:1,
87:16
Court [56] - 1:17, 5:13,
5:15, 5:23, 5:25,
6:11, 7:20, 7:23,
10:11, 12:12, 12:25,
14:21, 15:6, 15:11,
15:20, 15:25, 16:6,
17:21, 17:22, 17:23,
17:24, 18:9, 18:15,
21:6, 21:22, 26:19,
27:10, 28:10, 35:13,
36:1, 37:22, 39:24,
41:14, 47:4, 47:6,
47:7, 48:25, 51:21,
60:3, 60:4, 60:24,
62:5, 65:14, 79:4,
80:18, 81:2, 81:5,
81:8, 81:23, 82:16,
85:18, 87:22, 89:7,
89:19
Court's [6] - 6:3, 6:15,
6:23, 16:6, 19:22,
63:4
courtroom [3] - 22:16,
24:7, 88:8
cover [1] - 33:10
craved [1] - 46:19
crazed [1] - 25:14
crazy [3] - 24:23,
25:10, 25:12
create [4] - 39:4,
40:20, 42:5, 73:14
created [9] - 17:16,
17:17, 29:5, 41:1,
71:5, 71:8, 73:5,
73:10, 73:12
creating [1] - 15:22
creator [1] - 72:5
credible [1] - 80:13
crime [1] - 9:7
criminal [2] - 75:15,
75:19
criminally [2] - 28:9,
30:13
Crocker [1] - 84:4
CROSS [1] - 60:13
cross [7] - 13:10,
20:17, 39:7, 54:17,
59:18, 72:25, 82:1
cross-examination
[1] - 72:25
CROSS-
EXAMINATION [1] -
60:13
cross-examine [2] -
39:7, 59:18
cruises [2] - 63:19,
63:24
crutch [2] - 75:23,
75:24
crux [2] - 26:22, 53:21
curb [1] - 82:21
cursing [1] - 53:18
cut [4] - 35:14, 35:24,
44:8, 51:22
CV14040431 [1] - 5:25
CVB [1] - 65:14
cycle [1] - 54:4
D
Dallas [4] - 36:19,
36:22, 36:25, 37:1
Dan [4] - 25:5, 26:12,
66:6, 75:25
dancing [1] - 14:21
danger [4] - 64:17,
80:17, 81:16, 85:24
DANIEL [2] - 1:4,
23:13
Daniel [15] - 2:4, 3:7,
4:3, 23:19, 38:12,
43:18, 45:20, 46:24,
47:17, 50:17, 61:2,
65:23, 68:3, 72:3
daughter [2] - 64:10,
65:7
DC [3] - 12:19, 16:21,
81:19
DEAD [1] - 61:7
deal [3] - 4:18, 4:22,
81:11
dealing [2] - 87:8,
87:13
dear [1] - 46:24
death [5] - 25:17,
48:7, 82:17, 82:18,
82:20
debate [1] - 33:5
decapitate [1] - 35:5
decide [3] - 34:9,
41:14, 86:10
decision [2] - 14:21,
19:15
declaration [9] - 5:23,
6:1, 6:2, 6:13, 6:24,
7:4, 7:19, 7:23, 81:4
declarations [1] - 18:9
declared [1] - 75:10
deeds [1] - 33:2
defamation [3] -
52:14, 53:11, 53:15
defamatory [1] - 51:24
defecate [1] - 35:10
Defendant [2] - 6:9,
6:14
defendant [3] - 6:10,
65:22, 82:1
deficiency [1] - 38:4
deliveries [2] - 8:17,
57:8
demand [1] - 43:22
Denson [1] - 9:7
dentist [1] - 79:18
dentists [1] - 79:7
deny [3] - 65:13, 68:3,
68:5
denying [1] - 68:14
Depot [1] - 67:18
deprive [1] - 10:15
derogatory [8] -
41:11, 41:13, 41:15,
41:22, 41:25, 52:13,
53:16, 87:1
deserved [1] - 78:22
detailed [1] - 14:14
determination [1] -
19:21
determine [2] - 19:25,
87:3
dicta [1] - 85:19
different [10] - 47:20,
52:19, 62:17, 65:23,
66:19, 66:23, 67:1,
67:2, 67:4, 67:7
difficulty [2] - 15:23
direct [3] - 6:15, 6:23,
63:4
DIRECT [1] - 31:21
directing [1] - 58:11
director [1] - 72:18
directory [5] - 71:14,
79:6, 79:11, 79:15
Disabilities [1] - 55:2
disability [1] - 8:7
disabled [9] - 75:10,
75:11, 80:10, 80:11,
81:13, 82:8, 82:9,
82:12, 85:22
Disabled [1] - 8:5
disappointing [2] -
86:14, 86:15
discharged [1] - 69:8
disclose [1] - 65:3
disconcerting [1] -
52:13
discussing [1] - 78:20
discussion [1] - 58:8
disease [2] - 15:23,
38:1
dishonest [1] - 34:3
dismiss [7] - 5:5, 5:14,
7:23, 80:4, 80:7,
81:23, 87:21
disorderly [4] - 65:16,
65:21, 75:16, 76:20
disprove [2] - 69:18,
69:19
dispute [1] - 69:18
distress [1] - 81:7
District [3] - 17:21,
28:10, 65:14
docket [2] - 25:22,
85:4
doctor [3] - 38:3,
56:21, 79:18
document [12] - 15:2,
44:19, 63:5, 63:9,
65:11, 69:2, 69:7,
70:8, 70:10, 70:15,
70:17, 70:25
documentary [1] -
24:11
documentation [1] -
10:24
domicile [8] - 6:18,
7:1, 7:2, 7:5, 10:8,
15:12, 17:10, 20:5
domicile's [1] - 6:14
domiciled [8] - 6:17,
6:21, 7:18, 7:21,
7:22, 10:12, 10:13,
15:14
don't.. [1] - 12:19
done [6] - 8:8, 27:23,
29:14, 58:15, 82:10,
86:17
door [15] - 8:14, 8:16,
8:22, 13:14, 13:16,
13:20, 13:22, 33:13,
57:5, 57:8, 57:10,
57:11, 57:15, 75:4
dots [1] - 52:23
doubt [1] - 40:21
douche [1] - 82:22
down [8] - 8:12, 9:19,
25:14, 47:4, 47:8,
50:18, 67:16, 67:23
downloaded [1] - 72:2
downtown [2] - 40:11,
82:1
draw [1] - 6:2
drive [2] - 16:25,
66:15
Drive [1] - 2:4
drop [4] - 7:12, 7:13,
55:18, 56:20
drug [2] - 56:23, 56:24
due [1] - 14:17
dunking [1] - 48:23
during [2] - 29:2, 30:2
duty [2] - 25:11, 69:8
dwell [1] - 7:9
dwelling [1] - 7:5
dwells [2] - 6:14, 7:14
E
e) [1] - 53:23
early [1] - 55:8
earn [2] - 43:5, 43:6
earned [1] - 43:5
easy [1] - 36:18
effectively [1] - 8:6
either [4] - 8:10, 12:9,
20:8, 84:22
elder [1] - 52:16
elderly [2] - 53:20,
80:9
Elderly [1] - 55:2
element [2] - 18:7,
69:19
elements [4] - 20:13,
24:1, 24:3, 44:13
elevator [8] - 25:2,
75:22, 75:25, 76:2,
76:3, 76:4, 76:20,
76:25
eligible [1] - 6:5
email [14] - 29:11,
36:21, 36:24, 37:4,
37:7, 45:17, 58:4,
67:12, 67:14, 68:2,
68:8, 68:11, 68:13,
68:14
emails [2] - 9:8, 43:22
emotional [2] - 53:20,
81:7
employed [4] - 75:7,
75:9, 77:4, 77:9
end [9] - 20:7, 26:25,
52:25, 54:7, 59:19,
72:25, 78:4, 86:9,
88:16
ended [1] - 7:1
ending [1] - 7:2
enforced [1] - 80:25
enter [2] - 45:23,
58:25
entertain [1] - 20:8
entitled [3] - 1:15,
7:17, 11:18
equivalent [1] - 53:13
escape [1] - 10:19
establish [1] - 23:24
establishing [1] -
62:12
events [1] - 11:18
Evers [1] - 84:5
everywhere [1] -
42:23
evidence [59] - 19:18,
PACE REPORTING503.655.4183
4
19:20, 20:1, 20:5,
20:8, 20:16, 20:19,
24:2, 24:3, 24:11,
24:16, 25:12, 25:25,
27:19, 27:23, 28:20,
29:4, 29:9, 30:11,
32:24, 32:25, 33:13,
36:3, 36:5, 36:7,
40:25, 42:7, 52:9,
52:20, 54:14, 54:24,
55:21, 55:23, 55:25,
56:10, 57:3, 57:25,
59:7, 62:18, 68:1,
69:23, 80:10, 80:14,
80:16, 81:10, 81:25,
82:5, 85:15, 85:22,
85:23, 85:24, 86:10,
86:12, 86:18, 86:20,
86:24, 86:25, 87:6
exactly [1] - 41:8
EXAMINATION [2] -
31:21, 60:13
examination [1] -
72:25
examine [2] - 39:7,
59:18
examined [3] - 23:2,
23:14, 56:22
example [1] - 63:2
except [1] - 62:20
exception [2] - 29:4,
85:14
excuse [1] - 6:8
excused [1] - 88:1
Exhibit [18] - 26:19,
45:23, 49:6, 50:21,
55:6, 55:7, 55:8,
59:1, 59:24, 65:9,
66:12, 67:12, 68:23,
70:7, 70:15, 70:25,
71:25, 83:12
exhibit [5] - 39:24,
60:17, 66:5, 68:24,
72:22
exhibits [6] - 6:2,
27:3, 29:17, 57:2,
70:4, 87:24
Exhibits [1] - 57:2
expedite [1] - 34:23
expedited [1] - 15:1
expel [1] - 57:18
expelled [2] - 9:3, 9:4
explain [1] - 11:14
explained [1] - 58:9
extent [1] - 15:13
extremely [1] - 41:16
F
face [3] - 12:22, 74:23,
75:1
facie [1] - 81:10
fact [5] - 15:2, 37:4,
39:12, 47:19, 63:18
facts [4] - 18:4, 67:25,
83:3, 83:4
factual [1] - 85:15
failure [1] - 80:12
false [1] - 28:11
family [2] - 8:10, 83:7
fanny [1] - 76:1
far [4] - 25:18, 52:8,
82:6, 89:11
fear [2] - 86:20, 86:21
February [3] - 38:11,
46:18, 47:1
federal [1] - 76:8
feelings [2] - 47:9,
48:21
fellow [1] - 25:5
few [6] - 10:21, 28:19,
29:12, 34:4, 72:24,
76:15
figure [2] - 77:14,
87:24
file [2] - 15:20, 16:6
filed [12] - 5:24, 6:2,
7:19, 10:4, 12:11,
12:25, 15:21, 16:5,
31:12, 61:18, 77:8,
81:4
filing [3] - 15:5, 17:19,
45:2
fine [5] - 4:21, 30:3,
31:3, 31:6
finish [3] - 9:19,
84:22, 85:7
finished [2] - 9:18,
54:15
first [17] - 4:19, 4:22,
5:14, 6:8, 18:18,
23:2, 23:14, 27:21,
27:23, 27:25, 31:3,
31:6, 33:24, 56:3,
59:19, 73:2, 80:23
fit [1] - 54:9
fits [2] - 53:16, 53:22
five [2] - 25:17, 78:15
flew [3] - 66:20, 66:25,
67:5
Florida [20] - 6:14,
6:17, 6:21, 7:5, 7:22,
10:13, 36:25, 63:19,
63:24, 64:3, 64:8,
65:3, 66:21, 66:25,
67:5, 67:9, 67:13,
67:17, 67:24
flow [2] - 30:18, 30:25
fly [2] - 36:4, 66:17
focus [3] - 10:6, 10:8,
47:6
focused [2] - 26:1,
33:16
folks [1] - 48:24
following [1] - 6:3
follows [2] - 23:3,
23:15
FOR [3] - 1:2, 2:3, 2:8
foregoing [1] - 89:9
Foreign [1] - 9:2
forget [1] - 54:13
form [4] - 14:1, 14:2,
19:19, 40:16
formal [1] - 28:22
forms [1] - 85:19
Fort [3] - 6:17, 7:5,
64:6
forth [1] - 86:16
forum [1] - 47:25
forward [3] - 19:17,
23:24
forwarded [1] - 9:7
foundation [1] - 56:8
foundation's [1] -
56:12
four [10] - 21:14, 25:1,
25:3, 29:1, 66:7,
75:13, 77:5, 81:17,
82:3, 82:9
frank [1] - 51:12
Frank [1] - 51:13
Frankie [2] - 51:11,
51:14
fraud [9] - 9:8, 9:12,
9:14, 41:19, 42:23,
43:22, 43:24, 43:25,
58:3
fraudulent [1] - 81:4
free [1] - 33:15
friend [1] - 72:15
frivolous [1] - 45:2
front [5] - 8:22, 35:16,
57:15, 76:2
full [3] - 23:6, 23:18,
89:11
funny [1] - 49:4
future [2] - 83:22,
86:21
G
Gehrig's [1] - 37:25
general [4] - 47:16,
47:18, 72:16, 72:17
generally [1] - 46:24
gentleman [1] - 53:1
gentlemen [1] - 85:12
giant [1] - 47:12
given [2] - 18:4, 82:14
glass [2] - 8:20, 57:12
Glock [1] - 49:8
goodness [1] - 26:6
Google [1] - 83:11
granting [1] - 19:18
grateful [1] - 82:12
grave [1] - 35:11
great [2] - 16:10,
55:20
Grimm [1] - 77:20
group [5] - 25:8, 25:9,
26:13, 26:15, 79:6
Guard [1] - 25:11
guess [4] - 15:15,
26:18, 45:22, 61:8
Guide [1] - 55:3
guide [1] - 79:11
guns [4] - 49:21,
50:10, 50:12
guy [2] - 36:21, 78:25
Guy [1] - 40:22
guys [1] - 84:5
H
habit [7] - 35:20, 36:1,
36:2, 36:3, 36:5,
36:7, 37:13
half [3] - 21:13, 54:1,
84:22
half-hour [1] - 54:1
hall [1] - 24:9
hammer [1] - 54:4
hand [12] - 5:25,
22:21, 23:10, 54:7,
62:22, 65:8, 67:11,
68:23, 70:7, 70:14,
71:24, 89:15
hands [1] - 54:5
hang [4] - 8:24, 79:13,
79:19, 88:4
hangs [1] - 8:24
harass [3] - 29:14,
42:20, 53:14
harassed [1] - 80:14
harassment [4] -
41:21, 53:18, 61:18,
80:17
harm [5] - 53:20,
82:15, 86:21, 86:22
hate [1] - 25:5
haunt [1] - 64:8
he.. [1] - 54:2
head [10] - 18:18,
28:21, 35:5, 53:12,
64:18, 70:22, 71:3,
71:9, 71:10, 78:12
heads [2] - 73:9, 78:25
hear [20] - 8:19, 8:20,
8:21, 10:23, 15:16,
16:19, 22:9, 26:7,
27:20, 28:7, 29:21,
33:23, 34:19, 52:9,
52:12, 56:12, 57:14,
57:15, 84:20, 87:11
heard [5] - 34:21,
35:8, 35:15, 57:11,
84:7
hearing [13] - 1:16,
10:7, 13:25, 14:1,
14:19, 19:18, 22:18,
24:25, 30:1, 52:8,
52:17, 52:18, 57:18
hearings [1] - 25:22
heart [3] - 8:11, 45:8,
45:21
held [1] - 89:13
hell [18] - 26:14,
43:13, 43:17, 43:20,
44:1, 44:22, 44:24,
45:1, 45:10, 45:20,
54:10, 57:22, 63:3,
64:12, 65:6, 83:13,
83:19
Hell [5] - 28:16, 46:9,
48:22, 78:21, 79:18
hello [1] - 22:12
help [1] - 14:21
helpful [2] - 15:6, 15:8
hereby [1] - 89:8
hi [1] - 21:21
high [2] - 83:17, 85:20
higher [2] - 52:17,
53:3
highlighted [1] - 61:8
hip [3] - 15:10, 48:4,
48:9
hip-shooting [1] -
15:10
hitting [1] - 18:17
Hoey [1] - 44:5
hold [12] - 9:25, 10:2,
16:19, 27:16, 28:12,
29:19, 32:2, 33:22,
39:9, 40:23, 62:8,
86:4
Home [1] - 67:18
home [6] - 6:18,
16:11, 16:22, 16:25,
67:17, 67:24
honest [1] - 82:15
honestly [1] - 37:17
honor [2] - 16:13,
16:15
Honor [43] - 4:5, 4:9,
5:5, 6:20, 8:1, 9:21,
10:20, 13:5, 14:10,
17:6, 18:6, 21:17,
22:3, 29:18, 32:20,
33:21, 34:15, 34:22,
35:1, 36:16, 36:18,
PACE REPORTING503.655.4183
5
39:15, 40:16, 46:1,
49:12, 50:4, 52:1,
52:5, 54:19, 59:8,
59:25, 60:9, 63:6,
66:2, 66:5, 69:14,
79:23, 80:15, 84:2,
84:8, 85:13, 87:25,
88:11
Honorable [1] - 1:16
honorably [2] - 38:13,
61:3
honorary [1] - 32:8
Hoodview [1] - 2:4
hour [2] - 54:1, 84:22
hours [3] - 21:13,
63:25, 84:15
house [5] - 16:2, 16:3,
43:21, 74:19, 74:22
House [4] - 16:12,
16:14, 16:23, 17:1
household [1] - 8:8
HS [1] - 54:8
humiliated [1] - 47:24
hundreds [2] - 32:11,
32:14
hunt [1] - 47:8
hunters [1] - 49:1
Hyatt [8] - 26:12, 28:9,
66:6, 75:12, 75:14,
75:25, 78:11, 82:2
I
idea [2] - 70:21, 70:24
identified [1] - 49:15
identifier [1] - 72:3
identify [3] - 38:21,
49:13, 50:5
ignorant [2] - 36:23,
37:5
III [1] - 1:17
illegal [1] - 47:5
image [6] - 28:22,
71:5, 73:2, 73:5,
73:10, 73:12
images [1] - 73:15
immediately [1] -
56:23
imminent [4] - 80:16,
81:15, 82:15, 85:24
immoral [1] - 47:5
imply [1] - 73:8
important [4] - 14:24,
80:23, 80:24, 81:11
impression [1] - 84:11
IN [1] - 1:1
inaccurate [3] - 69:3,
69:7, 70:5
inadvertently [1] -
79:4
inappropriate [1] -
53:17
incident [1] - 76:23
inclined [1] - 19:22
includes [3] - 16:13,
16:15, 16:22
including [1] - 50:13
inclusive [1] - 89:9
indeed [1] - 60:15
Index [1] - 3:1
indicate [3] - 10:25,
80:11, 80:16
indiscernible [20] -
4:7, 7:21, 21:25,
41:7, 41:12, 57:25,
62:7, 63:3, 64:13,
75:22, 76:18, 77:13,
77:15, 78:6, 84:9,
85:11, 86:3, 87:11,
87:12, 88:13
indiscernible] [18] -
8:4, 9:23, 12:23,
21:11, 21:12, 21:15,
22:10, 27:15, 37:24,
38:20, 39:19, 42:3,
46:21, 50:8, 62:18,
66:7, 84:24, 85:12
induced [1] - 44:24
inflicting [1] - 53:9
infliction [1] - 81:7
information [7] -
12:15, 13:2, 14:3,
42:11, 69:2, 69:6,
79:5
injure [2] - 33:1, 52:3
injury [2] - 53:7, 53:10
inquire [5] - 31:11,
31:17, 40:4, 54:18,
64:21
inquiry [3] - 31:16,
34:24, 63:11
inside [1] - 7:7
instructed [1] - 21:6
instruction [1] - 67:10
instructions [1] -
16:22
intend [1] - 10:14
intended [1] - 52:3
intention [2] - 80:22,
81:14
intentional [1] - 81:7
interface [3] - 42:20,
42:21, 43:3
Internet [8] - 33:5,
42:14, 48:23, 49:10,
49:23, 50:1, 50:10,
50:12
Internet's [1] - 49:1
interrupt [3] - 17:2,
18:19, 25:19
interruption [1] -
29:21
intimidate [1] - 29:14
intimidation [1] -
53:18
invented [1] - 74:10
involved [1] - 17:21
involving [1] - 28:8
irrelevant [3] - 16:18,
69:10, 69:17
issue [23] - 5:1, 6:4,
9:21, 14:24, 15:11,
15:15, 17:3, 17:4,
17:8, 17:11, 19:9,
19:10, 19:12, 19:15,
19:16, 19:20, 20:2,
20:5, 36:17, 39:16,
44:14, 77:25, 85:17
issues [6] - 13:25,
17:16, 17:17, 18:22,
19:24, 86:15
IT [1] - 1:15
item [1] - 61:10
itself [1] - 63:9
J
jail [1] - 64:17
job [2] - 20:12, 83:3
John [30] - 3:5, 4:4,
14:3, 14:5, 20:23,
21:21, 23:7, 25:4,
26:13, 26:15, 33:20,
46:8, 46:9, 46:14,
61:10, 61:16, 61:18,
62:20, 70:12, 73:3,
73:7, 73:11, 74:14,
78:12, 79:1, 83:24,
88:4
JOHN [2] - 1:7, 23:1
join [1] - 21:18
Judge [10] - 1:17,
22:7, 22:14, 28:8,
75:14, 78:11, 82:2,
84:5, 84:19, 85:1
judge [11] - 12:20,
13:3, 13:9, 25:13,
27:11, 34:2, 75:12,
76:1, 76:21, 76:23,
84:14
judges [1] - 62:21
judgment [3] - 19:24,
64:21, 87:2
judicial [1] - 81:2
July [1] - 89:16
junior [2] - 83:17,
85:20
jurisdiction [9] - 5:13,
5:15, 5:17, 10:8,
10:16, 15:12, 80:4,
80:6, 86:1
justice [1] - 47:8
K
Karen [3] - 33:20,
34:3, 34:19
keep [2] - 22:8, 48:6
key [2] - 48:15, 48:16
KGW [1] - 9:4
kneecaps [1] - 34:13
knees [1] - 35:5
knock [19] - 8:13,
8:16, 8:19, 8:20,
8:21, 8:22, 33:12,
43:21, 57:5, 57:10,
57:11, 57:13, 57:14,
57:15, 75:4
knocked [1] - 47:4
knocking [4] - 13:13,
13:15, 13:20, 13:22
knowledge [1] - 12:16
known [1] - 25:8
L
laid [1] - 56:8
Lake [2] - 2:11, 89:15
land [1] - 67:4
large [1] - 50:1
Lars [3] - 9:11, 43:24,
44:3
Larson [3] - 9:11,
43:24, 44:3
last [16] - 11:15,
17:23, 17:24, 25:3,
45:13, 48:20, 53:24,
63:14, 63:20, 66:7,
66:20, 66:24, 73:20,
75:9, 77:4, 84:15
lasted [1] - 78:11
Latourneau [2] - 22:7,
84:19
law [6] - 5:1, 14:18,
15:7, 79:8, 81:12,
83:4
law's [1] - 80:24
lawsuit [2] - 40:10,
81:25
lawsuits [2] - 45:2,
52:14
lawyer [8] - 4:25,
29:22, 30:14, 46:8,
51:6, 58:18, 79:18,
83:3
lay [3] - 64:18, 67:22,
68:18
laying [1] - 67:21
leader [1] - 26:23
least [1] - 85:1
leave [5] - 16:3, 20:8,
41:14, 78:23, 78:24
led [2] - 75:15, 75:18
left [1] - 8:7
legal [2] - 20:9, 31:14
Legion [3] - 72:11,
72:16, 72:18
legions [1] - 41:16
length [1] - 16:10
less [1] - 28:25
liar [1] - 41:10
license [1] - 77:7
lied [1] - 12:21
lieutenant [1] - 71:9
life [19] - 26:14, 26:20,
43:13, 43:17, 43:20,
44:1, 44:22, 44:24,
45:1, 45:10, 45:20,
54:10, 63:3, 64:12,
64:17, 65:6, 83:18,
83:19
light [2] - 8:21, 57:12
Lilyea [86] - 3:5, 4:4,
4:10, 5:16, 5:21, 8:9,
8:14, 9:3, 9:9, 9:16,
14:3, 14:5, 15:22,
16:11, 16:12, 16:14,
16:16, 16:24, 20:23,
22:12, 23:7, 23:8,
24:11, 25:4, 25:5,
26:13, 26:15, 27:13,
28:2, 28:15, 29:5,
29:8, 29:9, 30:20,
30:24, 31:6, 31:8,
31:13, 31:25, 33:20,
34:17, 36:19, 39:4,
39:12, 41:1, 46:9,
46:14, 46:15, 54:18,
58:3, 58:4, 58:5,
58:10, 58:19, 59:1,
59:17, 60:6, 60:17,
60:20, 60:25, 61:10,
61:12, 61:13, 61:16,
61:19, 61:23, 62:20,
73:3, 73:4, 73:8,
73:11, 74:14, 74:22,
78:12, 78:13, 78:23,
79:1, 80:18, 80:21,
81:18, 83:24, 85:25,
88:1
LILYEA [10] - 1:7,
22:13, 22:22, 23:1,
23:7, 27:15, 31:9,
58:16, 58:21, 88:6
Lilyea's [1] - 16:22
limited [1] - 13:25
line [12] - 6:16, 6:19,
6:23, 7:3, 19:23,
34:23, 35:6, 41:18,
45:19, 47:20, 67:17
PACE REPORTING503.655.4183
6
lines [1] - 7:14
Lisa [2] - 89:7, 89:18
list [2] - 10:25, 12:12
litigate [1] - 33:9
litigation [5] - 17:20,
18:10, 44:14, 81:5
live [2] - 9:10, 58:5
lived [1] - 6:20
lives [3] - 6:14, 12:16,
19:11
local [4] - 9:3, 9:12,
57:18, 61:18
locations [1] - 63:23
look [11] - 8:22, 25:5,
27:11, 46:4, 47:12,
48:10, 57:16, 61:1,
83:2, 83:13, 86:10
looked [2] - 57:11,
74:16
looking [8] - 13:24,
50:3, 50:21, 53:6,
55:1, 62:4, 77:7,
85:3
looks [4] - 49:6, 49:8,
70:2, 83:25
loose [2] - 53:13,
53:22
Lou [1] - 37:25
loud [3] - 8:22, 57:14,
57:15
M
magazine [4] - 49:9,
50:1, 50:13, 50:14
Magnum [1] - 48:4
mail [1] - 50:25
mailbox [5] - 7:7,
7:12, 7:13, 64:23,
64:24
man [2] - 26:16, 54:4
Mapquest [1] - 16:22
mark [3] - 61:5, 71:2,
72:22
Mark [7] - 71:6, 71:8,
72:10, 72:13, 72:15,
78:13
marked [7] - 65:8,
67:11, 67:12, 68:23,
70:7, 70:14, 71:24
Markov [1] - 54:5
marriage [1] - 85:14
married [1] - 64:10
Maryland [2] - 12:21,
34:20
mate [3] - 29:1, 74:7,
74:11
material [6] - 60:5,
60:6, 60:16, 60:24,
61:14, 61:21
matter [14] - 1:15,
7:18, 10:7, 15:20,
17:23, 18:3, 18:8,
28:13, 33:7, 33:9,
47:19, 84:20, 85:7,
89:14
matters [7] - 4:19,
4:22, 5:3, 5:4, 7:1,
23:23, 28:8
Meadows [1] - 2:10
mean [21] - 11:14,
15:1, 15:3, 19:4,
32:24, 33:14, 35:24,
36:5, 37:1, 42:20,
42:21, 43:20, 43:21,
44:22, 45:18, 67:3,
68:10, 74:16, 84:25,
85:3, 86:24
meaning [2] - 19:23,
58:5
means [8] - 30:24,
36:24, 37:6, 40:3,
40:5, 42:18, 42:22,
72:18
meant [3] - 40:1, 44:1,
54:9
medal [2] - 16:13,
16:15
medals [2] - 28:24,
43:6
media [1] - 72:17
medical [3] - 12:18,
55:14, 56:19
medication [1] - 82:13
medications [1] -
74:12
meet [7] - 20:12,
23:25, 33:10, 33:14,
52:9, 56:22, 87:14
meeting [1] - 56:21
meets [2] - 33:2, 87:6
membership [1] -
43:23
memorandum [1] -
81:20
memory [2] - 37:22,
37:23
mental [2] - 38:3, 38:4
mention [3] - 44:3,
50:1, 83:22
mentioned [1] - 59:1
merely [1] - 79:19
message [2] - 8:17,
57:8
met [4] - 24:3, 29:10,
74:14, 86:6
might [3] - 15:8,
49:22, 85:1
miles [2] - 7:8, 7:13
military [2] - 32:9,
49:7
mine [1] - 68:10
Mineral [3] - 12:13,
14:9, 14:12
minute [2] - 48:14,
60:10
minutes [2] - 18:16,
46:7
miserable [3] - 26:14,
26:20, 83:19
misunderstands [1] -
79:4
misunderstood [1] -
24:14
misusing [1] - 72:20
moment [1] - 58:12
Monday [2] - 72:2,
73:3
Montgomery [7] -
12:20, 13:3, 13:9,
25:13, 37:22, 46:8,
62:5
month [4] - 17:24,
63:20, 79:14, 79:20
months [6] - 11:16,
28:19, 29:12, 34:4,
63:24, 66:24
morning [3] - 4:5, 4:6,
36:5
mother [1] - 35:11
mother's [1] - 35:11
motion [13] - 6:11,
12:17, 14:13, 14:15,
14:22, 15:17, 15:21,
16:4, 16:5, 20:15,
65:4, 80:4, 85:21
motions [4] - 4:11,
5:5, 15:6, 20:18
motivation [1] - 47:2
mouth [2] - 34:14,
35:6
move [12] - 7:23,
12:14, 16:1, 19:6,
19:17, 25:23, 39:3,
39:22, 45:23, 56:10,
59:7, 80:7
moving [8] - 8:4, 8:15,
8:17, 19:17, 57:6,
57:9, 74:20, 74:21
MR [214] - 4:5, 4:7,
4:9, 4:14, 4:16, 4:25,
5:4, 8:1, 9:21, 9:24,
10:1, 10:9, 10:11,
11:2, 11:5, 11:8,
11:12, 11:16, 11:22,
11:24, 12:3, 12:8,
12:14, 13:1, 13:5,
13:8, 13:17, 13:21,
13:24, 14:8, 14:12,
14:13, 15:19, 16:8,
16:17, 16:21, 17:6,
17:14, 18:13, 18:23,
19:1, 19:7, 20:23,
21:2, 21:17, 21:20,
22:13, 22:22, 23:7,
24:8, 24:10, 24:13,
24:19, 24:23, 25:23,
26:4, 26:9, 26:12,
27:5, 27:8, 27:15,
27:21, 27:25, 28:2,
28:4, 28:8, 28:11,
28:13, 29:18, 29:20,
29:25, 30:5, 30:8,
30:12, 30:17, 30:21,
31:1, 31:4, 31:9,
31:18, 31:22, 32:19,
32:23, 33:8, 33:17,
33:18, 33:21, 33:25,
34:11, 34:15, 34:22,
35:1, 35:17, 35:20,
35:25, 36:10, 36:15,
36:18, 36:20, 37:8,
37:10, 37:12, 37:20,
39:4, 39:7, 39:15,
39:18, 39:20, 39:25,
40:3, 40:6, 40:16,
40:19, 40:21, 41:2,
41:5, 42:8, 44:6,
44:7, 44:10, 44:15,
44:17, 44:20, 44:21,
45:23, 46:1, 46:4,
46:5, 46:22, 48:14,
49:12, 49:15, 49:18,
49:24, 50:4, 50:8,
50:11, 51:8, 51:20,
52:1, 52:4, 52:21,
52:24, 53:3, 53:6,
54:3, 54:16, 54:18,
54:21, 54:25, 55:14,
55:17, 56:1, 56:4,
56:7, 56:10, 56:16,
56:18, 57:4, 57:20,
57:22, 58:1, 58:15,
58:16, 58:19, 58:21,
58:22, 58:25, 59:5,
59:7, 59:12, 59:18,
59:21, 59:24, 60:2,
60:8, 60:11, 60:14,
63:4, 63:8, 63:12,
64:22, 66:5, 66:14,
67:25, 70:6, 72:24,
76:15, 76:19, 76:24,
77:3, 77:24, 78:2,
78:7, 78:10, 78:18,
79:23, 80:1, 80:3,
81:24, 82:7, 83:2,
85:13, 85:17, 86:2,
86:5, 87:10, 87:14,
87:18, 87:25, 88:3,
88:6, 88:10, 88:13
MS [3] - 21:21, 22:1,
22:5
mud [1] - 86:16
Multnomah [2] -
17:22, 81:5
murder [1] - 25:9
murdered [2] - 25:17,
26:6
murderer [1] - 73:4
muscular [1] - 54:4
must [1] - 75:11
Myers [3] - 6:17, 7:5,
64:6
N
name [8] - 23:6, 23:7,
23:18, 49:10, 61:11,
62:17, 72:4, 79:8
names [5] - 53:17,
60:19, 62:3, 82:19,
83:16
nap [1] - 67:18
NASA [1] - 40:22
National [2] - 9:2,
57:17
nationwide [1] - 9:13
natural [1] - 6:16
nature [4] - 19:16,
23:23, 36:6, 53:19
Navy [9] - 25:7, 25:11,
28:21, 69:4, 69:8,
69:20, 72:12, 72:14,
74:7
near [1] - 57:6
necessarily [1] - 44:2
necessary [1] - 5:9
need [13] - 20:18,
23:25, 32:25, 33:16,
35:22, 36:13, 38:18,
49:12, 52:22, 64:5,
87:11, 87:23
needs [5] - 5:20, 16:3,
20:10, 36:14, 80:24
never [12] - 5:12, 5:16,
25:7, 29:10, 29:11,
32:10, 38:12, 49:5,
61:3, 70:3, 83:8
new [6] - 18:17, 19:14,
67:16, 67:24, 72:17,
81:24
newspaper [1] - 43:24
next [7] - 43:12, 72:22,
76:7, 83:13, 84:20,
85:8, 87:15
nice [1] - 65:19
night [1] - 63:14
nine [1] - 11:16
nobody [2] - 57:10,
57:12
none [2] - 16:8, 71:17
PACE REPORTING503.655.4183
7
normally [3] - 15:2,
23:23, 42:19
Notary [2] - 89:7,
89:19
noted [3] - 13:7, 35:4,
80:18
nothing [6] - 29:14,
33:7, 69:20, 73:16,
73:17, 74:9
notice [4] - 15:17,
17:12, 18:21, 81:2
noticed [4] - 12:5,
14:15, 14:22, 65:4
noting [1] - 56:11
November [1] - 6:21
number [4] - 21:22,
21:23, 49:16, 61:10
Number [2] - 4:4, 5:25
numbers [1] - 72:12
O
oath [3] - 30:13,
34:19, 42:4
object [4] - 13:6,
32:19, 40:16, 67:25
objection [25] - 28:11,
33:21, 34:9, 34:15,
34:23, 35:2, 37:10,
37:15, 39:1, 40:24,
45:25, 46:1, 46:22,
49:12, 49:20, 50:4,
56:6, 56:7, 57:20,
59:5, 59:10, 66:4,
69:13, 69:16, 74:25
objects [1] - 51:6
obligation [2] - 18:5,
18:6
observed [1] - 85:19
occasions [1] - 81:18
occurred [1] - 26:21
OF [4] - 1:1, 1:2, 1:12
offer [6] - 5:8, 39:24,
54:15, 55:23, 57:3,
66:5
offered [1] - 86:25
office [2] - 72:2, 79:8
officer [5] - 24:25,
25:6, 32:8, 38:13,
61:3
Officer [1] - 31:24
officers [2] - 32:12,
32:15
official [2] - 89:10,
89:12
often [2] - 11:14,
15:11
old [2] - 70:20, 80:8
one [31] - 5:7, 8:16,
8:22, 10:13, 15:14,
17:9, 21:13, 21:14,
27:11, 36:3, 44:2,
48:14, 50:13, 51:11,
51:16, 53:24, 54:6,
55:6, 57:5, 57:8,
62:24, 71:3, 75:3,
77:24, 79:12, 81:21,
83:12, 84:4, 87:2,
88:10
one's [3] - 8:15, 8:19,
57:16
ones [1] - 61:25
ongoing [1] - 52:10
online [5] - 39:2,
39:10, 39:12, 86:15,
86:17
open [3] - 20:9, 20:18,
64:14
opening [8] - 24:17,
24:18, 24:19, 26:1,
26:25, 28:4, 28:7
operate [2] - 73:20,
74:1
operative [1] - 7:8
opinion [1] - 47:9
opportunity [2] - 42:7,
84:25
opposing [1] - 22:17
opposition [3] - 15:21,
16:5, 81:20
option [1] - 27:19
OR [3] - 2:5, 2:11, 61:8
OR45-1208446 [1] -
65:14
order [30] - 5:18, 8:4,
10:5, 11:19, 14:7,
19:18, 23:25, 33:3,
34:22, 36:14, 40:14,
45:14, 52:16, 64:7,
64:12, 65:5, 76:7,
78:10, 81:1, 81:9,
82:3, 82:17, 82:25,
83:14, 83:21, 86:20,
87:4, 87:8, 87:21,
88:8
ordered [1] - 83:7
orderly [1] - 30:25
orders [1] - 52:15
OREGON [1] - 1:1
Oregon [18] - 1:18,
5:1, 5:12, 5:16, 6:25,
7:2, 8:3, 9:1, 9:12,
10:14, 29:10, 31:18,
57:7, 63:14, 89:4,
89:8, 89:15, 89:19
Oregonian [6] - 9:6,
43:23, 58:2, 58:7,
58:8, 58:11
ORS [3] - 13:24, 53:7,
53:9
Oswego [2] - 2:11,
89:15
otherwise [7] - 29:13,
32:8, 33:1, 38:13,
61:3, 65:2, 85:3
outbreak [1] - 56:25
outside [4] - 26:6,
83:10, 85:5, 85:15
overrule [2] - 37:15,
66:3
own [3] - 19:10, 54:7,
62:20
owns [2] - 49:21,
50:10
P
Pace [2] - 89:7, 89:18
Page [1] - 63:6
page [27] - 6:7, 6:8,
6:15, 6:19, 6:24, 7:3,
35:6, 60:6, 60:7,
61:2, 61:4, 61:6,
61:7, 61:14, 61:17,
61:21, 61:22, 62:11,
63:6, 63:8, 72:3,
73:7, 73:15
Pages [1] - 89:9
pages [5] - 6:1, 27:9,
60:5, 73:2, 88:14
pain [3] - 53:10, 55:19,
56:24
painful [1] - 53:8
palpitations [3] - 8:11,
45:8, 45:21
pants [1] - 83:16
paragraph [1] - 6:8
paralegal [1] - 21:17
paramedic [1] - 56:23
paraphrasing [1] -
78:24
part [7] - 44:25, 45:1,
45:10, 45:16, 47:18,
85:14
particular [1] - 80:15
parties [4] - 19:19,
20:6, 27:17, 86:14
partner [2] - 78:12,
78:13
partners [1] - 48:22
parts [1] - 63:5
party [1] - 22:17
pass [1] - 87:2
patient [2] - 56:22,
84:5
pattern [1] - 37:12
Paul [1] - 34:12
pay [2] - 58:9, 79:20
pays [1] - 28:16
penalties [2] - 23:3,
23:15
pending [1] - 81:5
people [29] - 14:3,
18:22, 25:17, 28:17,
29:3, 35:21, 41:6,
41:8, 41:16, 43:10,
50:2, 50:14, 50:25,
52:10, 53:14, 53:22,
54:11, 59:2, 63:3,
76:4, 76:21, 78:15,
80:19, 83:13, 83:18,
83:24, 86:24, 86:25,
87:9
people's [1] - 80:21
percent [1] - 82:12
perhaps [1] - 4:18
perjurer's [1] - 81:4
perjury [2] - 23:3,
23:15
permission [1] - 16:4
permitted [1] - 79:12
person [12] - 6:16, 7:6,
8:6, 8:7, 26:23,
36:19, 53:20, 74:14,
74:15, 74:17, 80:9,
80:10
person's [1] - 28:22
personal [1] - 12:16
personally [2] - 36:22,
37:5
Persons [3] - 8:5, 55:2
petition [17] - 5:10,
8:5, 10:18, 10:22,
11:17, 12:5, 12:7,
12:11, 19:11, 26:2,
26:7, 26:22, 31:12,
32:22, 33:16, 35:16,
52:18
Petitioner [13] - 1:5,
3:4, 4:3, 10:24,
15:17, 17:5, 17:12,
20:12, 20:21, 23:9,
32:5, 59:14, 79:25
petitioner [12] - 4:23,
5:20, 10:2, 15:13,
17:11, 17:16, 23:24,
31:10, 31:11, 51:23,
86:23, 88:7
Petitioner's [4] -
49:16, 57:2, 59:10,
86:9
PETITIONER(S [1] -
2:3
petting [1] - 76:1
Petty [1] - 31:24
petty [6] - 25:6, 32:7,
32:12, 32:15, 38:13,
61:3
phone [10] - 4:13,
4:17, 8:23, 16:5,
20:25, 21:5, 21:9,
22:20, 27:13, 31:8
phony [1] - 46:17
photo [2] - 69:22, 71:3
photograph [5] -
28:20, 28:22, 49:14,
50:5, 72:1
photographer [4] -
70:19, 70:23, 74:5,
74:6
photographer's [3] -
29:1, 74:7, 74:11
photographs [2] -
16:13, 16:15
photography [1] -
73:23
photos [3] - 56:6,
56:7, 57:1
Photoshop [5] -
68:20, 73:16, 74:9,
74:10, 78:13
Photoshopped [2] -
28:21, 72:11
phrase [3] - 7:8,
43:17, 43:18
phrases [1] - 53:17
physical [4] - 53:7,
53:10, 53:20, 55:1
physically [1] - 13:19
pick [2] - 25:16, 34:13
picked [1] - 35:21
picture [12] - 42:5,
49:10, 49:25, 50:12,
50:16, 52:11, 55:22,
70:21, 70:23, 72:11,
73:3, 73:7
picture's [1] - 70:20
pictures [4] - 50:10,
55:13, 55:15, 56:13
piece [1] - 42:15
pike [2] - 78:14, 79:1
pikes [1] - 73:9
pisses [2] - 50:2,
50:14
pistol [2] - 50:2, 54:5
place [4] - 15:14,
48:24, 50:22, 50:23
places [5] - 7:21,
10:12, 11:9, 11:13,
63:25
plan [1] - 79:14
pleadings [1] - 15:4
plus [1] - 25:12
point [25] - 7:16, 8:11,
9:22, 14:24, 15:14,
17:12, 18:6, 18:14,
19:23, 20:19, 21:3,
22:19, 24:1, 29:16,
48:15, 48:17, 52:21,
53:11, 58:23, 59:13,
PACE REPORTING503.655.4183
8
77:9, 78:4, 78:8,
80:3, 80:22
pointing [1] - 75:23
points [3] - 6:3, 30:6,
30:9
police [1] - 61:18
poo [2] - 53:12
poo-poo [1] - 53:12
poor [1] - 61:17
Portland [4] - 9:5,
9:11, 10:1, 40:11
portrait [1] - 70:20
POS [3] - 42:11,
42:12, 42:18
position [1] - 57:24
possible [5] - 19:6,
26:14, 26:20, 84:17,
89:11
post [5] - 9:3, 39:10,
39:12, 61:16, 71:18
postcard [1] - 50:22
posted [22] - 22:8,
33:5, 38:24, 39:1,
39:2, 40:8, 40:19,
40:22, 41:1, 43:15,
43:17, 45:9, 46:18,
49:11, 49:25, 50:9,
50:16, 54:10, 59:1,
61:7, 79:2
poster [22] - 9:15,
26:20, 29:4, 29:6,
38:12, 39:5, 39:16,
40:8, 40:14, 41:7,
45:9, 50:24, 54:10,
55:5, 57:4, 59:2,
61:2, 61:8, 83:9,
83:12, 83:23
posters [2] - 9:17,
9:24
posting [3] - 38:11,
60:19, 73:9
posts [1] - 29:7
potential [1] - 19:20
Power [1] - 40:22
practice [3] - 31:19,
34:2, 34:5
preclude [1] - 19:16
prefer [1] - 31:24
preliminary [6] - 4:11,
4:18, 4:22, 5:3, 5:4,
10:7
premises [1] - 11:21
preopening [1] -
26:18
prerogative [1] - 87:19
present [13] - 13:8,
13:19, 20:16, 22:17,
24:6, 24:16, 25:25,
27:18, 30:10, 31:8,
37:21, 39:23, 42:7
presented [5] - 20:1,
20:4, 82:6, 85:15,
86:12
presenting [1] - 52:20
presents [1] - 83:24
president [1] - 16:14
Press [1] - 50:22
pretty [1] - 19:8
Prevention [1] - 55:3
price [1] - 58:10
prima [1] - 81:10
printed [1] - 50:25
Pro [1] - 1:17
problem [4] - 30:4,
51:23, 84:20, 87:8
problems [1] - 45:13
procedure [1] - 29:16
proceed [15] - 4:20,
5:18, 7:17, 7:25,
20:4, 20:20, 22:18,
23:9, 23:22, 23:23,
24:22, 30:16, 31:15,
31:18, 42:8
proceeding [6] - 5:6,
5:15, 6:10, 7:23,
22:16, 85:18
proceedings [1] -
89:13
PROCEEDINGS [1] -
1:12
process [4] - 14:17,
45:4, 81:1, 87:24
processes [1] - 15:2
profanity [1] - 53:17
professional [2] -
70:19, 70:23
promoted [1] - 32:10
pronounce [1] - 37:2
proof [3] - 5:9, 17:16,
17:18
prosecuting [1] - 81:6
protect [1] - 10:16
protective [3] - 64:7,
64:12, 65:5
prove [8] - 18:7,
23:24, 36:8, 36:11,
54:1, 69:18, 69:19,
86:20
proved [1] - 82:8
proven [4] - 81:13,
81:14, 81:15, 85:25
provide [3] - 23:11,
24:2, 32:25
proving [2] - 20:14,
80:5
Public [2] - 89:8,
89:19
public [7] - 42:25,
43:1, 43:7, 46:24,
47:9, 47:25, 83:6
publication [1] - 58:6
publish [3] - 9:8, 58:3,
58:10
published [1] - 9:15
pull [1] - 43:23
purports [1] - 69:1
purpose [1] - 85:18
purposes [1] - 85:21
Pursuant [1] - 55:1
pushed [1] - 78:15
pussy [1] - 47:12
put [17] - 5:9, 9:16,
12:7, 27:18, 46:19,
50:22, 50:23, 64:16,
64:17, 71:9, 80:10,
80:13, 80:16, 83:22,
85:22, 85:23, 85:24
putting [2] - 67:16,
67:23
Q
qualify [1] - 18:11
quality [1] - 89:12
quash [3] - 6:11, 7:20,
18:1
questioning [1] -
20:13
questions [15] - 10:21,
31:11, 31:15, 33:16,
35:16, 38:19, 42:9,
44:18, 46:3, 58:18,
68:22, 72:24, 76:13,
77:16, 78:3
quick [2] - 29:16, 84:4
quite [1] - 17:20
R
radio [3] - 9:12, 9:13,
43:25
rafters [1] - 54:6
raise [2] - 22:21, 23:10
raised [6] - 13:25,
17:12, 18:22, 19:24,
22:22, 54:6
ran [3] - 43:9, 70:18,
76:2
rank [2] - 28:23, 32:10
Rask [2] - 1:17, 22:14
rattling [1] - 81:21
Raymond [1] - 1:17
re [1] - 54:17
reactivated [1] - 77:7
read [14] - 8:3, 10:17,
38:16, 39:21, 39:23,
45:16, 45:17, 48:19,
51:20, 52:18, 59:4,
61:20, 68:24
readers [2] - 51:11,
51:16
ready [1] - 9:9
real [1] - 37:23
really [2] - 47:3, 48:18
reason [3] - 66:19,
71:7, 83:23
reasons [1] - 80:8
rebuttal [2] - 21:3,
78:3
received [2] - 15:4,
28:24
recipient [1] - 16:15
recited [1] - 5:10
recognize [6] - 65:11,
70:8, 70:10, 70:15,
72:7, 73:14
recollection [4] - 35:7,
67:19, 68:13, 77:6
record [13] - 15:22,
20:9, 20:18, 23:6,
23:18, 56:12, 69:2,
81:19, 83:10, 85:8,
86:13, 89:10, 89:13
recording [1] - 88:16
records [1] - 32:9
recover [1] - 84:16
red [1] - 41:18
redirect [1] - 79:15
refer [1] - 28:17
reference [4] - 7:10,
13:6, 30:2, 82:5
referenced [2] - 61:14,
62:1
referring [3] - 7:1,
13:13, 78:19
refresh [2] - 35:7,
67:18
refusing [1] - 65:2
refute [1] - 14:15
regarding [1] - 17:9
regularly [1] - 1:16
reign [1] - 54:7
relate [1] - 11:20
related [3] - 8:12,
38:4, 40:14
relates [3] - 19:14,
66:6, 76:23
relation [1] - 6:22
release [1] - 53:24
released [1] - 84:9
relentless [1] - 64:11
relevance [2] - 57:20,
66:1
relevancy [2] - 32:19,
37:11
relevant [6] - 31:11,
35:16, 57:25, 63:5,
66:4, 77:23
relief [4] - 5:19, 6:5,
8:5, 18:11
remain [4] - 10:14,
22:20, 54:23, 88:8
remember [9] - 18:16,
31:23, 36:21, 36:24,
37:17, 38:13, 48:1,
67:15, 68:1
REMEMBERED [1] -
1:15
remove [1] - 48:20
renew [1] - 80:4
reporter [2] - 9:6, 9:7
Reporter [2] - 89:7,
89:19
represent [2] - 60:4,
71:25
representing [2] -
4:10, 4:24
request [2] - 14:1,
14:14
requests [1] - 20:8
required [1] - 31:13
requirement [4] -
33:3, 52:9, 52:16,
86:19
requirements [3] -
33:11, 33:15, 87:7
requires [2] - 36:2,
52:17
reserve [1] - 19:24
reside [10] - 6:17,
15:14, 17:25, 18:10,
18:11, 18:13, 63:13,
63:22, 64:2, 65:3
resided [4] - 63:21,
66:19, 66:25, 67:7
residence [7] - 8:7,
15:12, 63:15, 63:17,
63:19, 64:23, 64:25
residency [8] - 17:4,
17:10, 19:9, 19:14,
19:20, 20:5, 20:11,
20:14
resident [10] - 5:8,
5:11, 5:20, 5:22, 6:4,
7:6, 10:12, 10:14,
12:12, 14:5
resides [1] - 16:11
residing [6] - 10:25,
11:3, 11:7, 11:11,
11:21, 12:6
resolved [1] - 17:24
respecting [1] - 85:21
respond [2] - 15:9,
19:19
Respondent [6] - 1:8,
4:4, 4:10, 12:12,
52:2, 86:11
respondent [13] -
12:6, 13:15, 13:19,
17:10, 19:10, 20:12,
PACE REPORTING503.655.4183
9
24:2, 33:1, 36:13,
55:24, 59:16, 86:22,
87:4
Respondent's [1] -
66:12
RESPONDENT(S [1] -
2:8
response [3] - 7:25,
16:4, 66:11
rest [6] - 45:17, 59:15,
70:21, 70:24, 83:22,
85:19
restated [1] - 85:22
restraining [23] - 10:5,
11:19, 14:7, 19:18,
23:25, 33:3, 36:13,
40:14, 45:14, 52:15,
52:16, 76:6, 78:10,
81:1, 81:9, 82:3,
82:17, 82:24, 83:14,
86:20, 87:4, 87:7,
87:21
restructure [1] - 65:19
rests [1] - 79:25
retired [1] - 25:12
retract [1] - 19:1
Revised [1] - 8:3
ridicule [2] - 41:21,
53:17
rifle [1] - 49:7
rights [2] - 10:18,
87:20
rise [1] - 36:5
rises [1] - 53:3
Road [1] - 2:10
Rod [1] - 4:10
rodboutin@comcast
.net [1] - 2:12
Roderick [1] - 2:9
root [2] - 71:14, 79:11
rope [1] - 54:6
rotten [1] - 48:24
route [1] - 16:23
routine [3] - 31:19,
34:2, 34:5
rubber [1] - 27:11
rule [1] - 20:15
Rule [1] - 31:19
S
sails [1] - 77:12
saw [10] - 13:19, 41:6,
57:6, 57:11, 74:16,
74:20, 74:23, 75:3,
81:21
sawed [1] - 35:6
sawed-off [1] - 35:6
scary [1] - 50:3
scheduling [1] - 22:8
school [2] - 70:18,
83:17
scope [3] - 26:7, 49:7,
76:12
Scouts [1] - 32:11
Sea [1] - 32:11
seated [1] - 54:23
Seavey [7] - 71:6,
71:8, 72:10, 72:13,
72:15, 78:13
second [13] - 5:18,
6:7, 6:8, 10:3, 19:13,
32:2, 40:23, 48:11,
48:13, 61:5, 61:16,
72:9, 73:7
Security [2] - 24:25,
75:11
see [18] - 8:15, 8:17,
10:22, 13:21, 15:6,
15:11, 21:3, 45:11,
46:8, 46:14, 51:6,
57:9, 62:14, 70:20,
74:22, 75:1
seeing [1] - 52:19
seeks [3] - 16:1, 16:2,
18:1
seem [1] - 14:17
self [1] - 25:9
self-murder [1] - 25:9
send [5] - 37:4, 37:6,
43:21, 64:13, 68:11
sending [3] - 36:21,
36:24, 37:18
sensitive [1] - 15:15
sent [7] - 29:12, 67:13,
68:14, 70:4, 72:13,
72:21
sentence [3] - 7:8,
43:13, 47:7
serve [2] - 83:6, 83:7
served [4] - 7:5, 14:6,
14:8, 28:25
server [2] - 79:14,
79:20
service [9] - 6:11, 7:6,
7:10, 7:20, 18:1,
28:23, 28:24, 69:2,
82:13
set [2] - 53:13, 85:8
severe [1] - 58:10
shall [1] - 56:1
shame [2] - 26:15,
26:21
Shepard [1] - 70:12
sheriff [2] - 14:9,
14:11
shift [1] - 24:1
shifts [1] - 86:11
shingles [9] - 8:12,
44:24, 45:5, 53:8,
55:4, 55:7, 55:8,
55:23
shipping [1] - 7:7
shit [2] - 42:15, 46:20
shooting [1] - 15:10
shortly [2] - 58:20,
88:5
shotgun [2] - 34:13,
35:6
show [13] - 9:13,
26:19, 29:18, 29:25,
35:17, 35:22, 43:25,
44:3, 54:25, 55:24,
56:3, 62:18, 77:20
showed [1] - 29:20
showing [6] - 16:14,
16:23, 28:23, 35:23,
37:12, 37:13
shows [5] - 32:25,
55:7, 55:8, 55:9
sic [1] - 66:23
side [3] - 15:8, 18:17,
20:8
sides [1] - 15:3
significant [1] - 53:19
signs [1] - 55:8
simple [1] - 62:9
simply [2] - 68:15,
79:14
sit [3] - 8:2, 9:18, 65:6
sitting [1] - 14:20
situation [1] - 69:22
six [2] - 63:20, 66:20
sixty [1] - 43:10
sleep [1] - 48:3
slept [1] - 63:14
so.. [1] - 72:14
Social [2] - 24:25,
75:10
soldier [1] - 46:17
solicit [2] - 33:13,
33:14
soliciting [1] - 36:8
someone [1] - 26:5
Sophomore [1] - 54:8
sorry [5] - 18:23, 30:7,
43:16, 46:12, 54:12
sort [3] - 22:8, 49:7,
56:23
sought [2] - 6:5, 67:10
sound [2] - 24:23,
49:10
sounded [1] - 57:12
sounds [2] - 19:14,
41:9
source [1] - 70:17
south [1] - 36:4
space [2] - 48:4, 48:8
speaker [1] - 22:15
speaks [1] - 63:9
Special [12] - 71:11,
72:1, 73:18, 73:21,
73:24, 74:3, 79:3,
79:6, 79:7, 79:8,
79:11
specific [1] - 6:3
specifically [3] -
17:14, 18:15, 87:15
speech [1] - 18:14
spell [2] - 23:5, 23:17
spend [1] - 51:17
spread [1] - 42:22
square [1] - 48:23
squarely [1] - 53:22
ss [1] - 89:4
stage [1] - 55:9
staking [1] - 25:6
stamp [1] - 50:23
stand [4] - 4:17, 5:9,
15:25, 58:19
standard [1] - 36:3
standing [2] - 15:23,
34:23
start [3] - 24:5, 84:25,
86:8
started [3] - 22:16,
50:18, 64:8
STATE [1] - 1:1
state [4] - 23:6, 23:18,
30:13, 40:9
State [4] - 1:18, 12:13,
89:4, 89:8
statement [18] - 6:9,
6:13, 6:16, 6:20,
6:25, 7:4, 7:13,
17:25, 26:18, 26:25,
28:5, 41:15, 47:16,
48:6, 48:20, 53:24,
60:24, 61:22
statements [5] -
17:19, 51:24, 52:2,
62:1, 86:16
States [3] - 25:7,
32:15, 63:25
states [11] - 8:3,
10:15, 11:25, 61:10,
63:20, 66:19, 66:24,
67:1, 67:2, 67:4,
67:8
statute [19] - 5:19,
7:17, 10:16, 10:17,
10:18, 17:15, 17:17,
18:12, 20:13, 33:10,
33:14, 34:1, 52:4,
53:6, 80:15, 81:15,
86:17, 87:15
Statute [1] - 8:3
statutory [4] - 33:3,
52:9, 52:15, 87:7
stay [3] - 54:22, 83:7,
83:24
steps [1] - 85:8
stick [3] - 32:22,
34:13, 36:17
still [10] - 12:8, 35:15,
47:21, 48:21, 49:2,
58:16, 75:5, 80:23,
85:17
stipulate [1] - 39:18
Stolen [1] - 47:3
stomp [3] - 36:22,
37:5, 82:22
stop [10] - 10:3, 10:19,
19:4, 29:12, 48:12,
56:24, 77:22, 82:19,
82:20, 83:15
stopped [6] - 55:18,
56:24, 74:11, 82:18,
82:24, 83:20
stops [2] - 45:20,
48:22
store [1] - 7:7
street [1] - 57:6
strength [2] - 7:22,
81:22
stress [5] - 8:12,
44:23, 44:24, 53:8,
55:5
strike [1] - 82:4
stripes [1] - 43:4
strong [1] - 51:24
strongly [1] - 10:3
stuff [3] - 40:9, 78:25,
83:17
subject [8] - 5:13,
5:16, 21:3, 40:10,
67:17, 80:5, 85:25,
86:23
Subject [1] - 41:10
substantial [1] - 69:18
substitute [2] - 7:6,
7:10
sudden [1] - 14:15
sue [2] - 47:25, 62:24
sued [1] - 82:2
suffer [1] - 45:11
suffering [1] - 45:21
sufficient [1] - 86:20
suggesting [1] - 17:3
suicide [2] - 25:8,
78:16
Suite [1] - 2:10
Summerlin [1] - 64:6
summons [2] - 6:11,
18:1
sun's [1] - 36:5
Sunday [2] - 8:17,
57:9
Supreme [5] - 10:11,
PACE REPORTING503.655.4183
10
47:4, 47:6, 47:7,
48:25
surprise [6] - 15:20,
16:8, 17:4, 18:8,
19:10, 20:2
surrounded [1] - 76:4
surrounding [1] -
11:18
survey [1] - 60:5
suspended [1] - 76:1
sustain [5] - 40:24,
49:19, 49:23, 50:7,
57:21
SW [1] - 2:4
swear [1] - 22:23
sworn [6] - 17:19,
17:25, 22:21, 23:2,
23:10, 23:14
T
table [1] - 21:18
tall [1] - 54:4
tap [1] - 14:20
target [2] - 25:16,
35:21
targeting [1] - 65:7
tasked [1] - 72:19
team [1] - 12:18
telephone [2] - 15:22,
81:20
Television [1] - 9:5
television [1] - 77:20
Tem [1] - 1:17
temporary [2] - 82:17,
82:24
ten [10] - 11:16, 18:16,
63:20, 66:19, 66:23,
67:1, 67:2, 67:4,
67:7, 73:20
Terence [1] - 44:5
term [5] - 28:21,
41:11, 42:12, 42:14
terms [6] - 15:1,
15:11, 15:12, 15:17,
20:2, 20:11
terror [1] - 54:7
terrorism [1] - 8:14
terrorize [1] - 25:17
Terrorized [1] - 8:6
terrorized [1] - 9:14
terrorizing [4] - 8:10,
25:2, 35:21, 72:19
testified [13] - 23:3,
23:15, 37:22, 37:23,
38:24, 48:19, 49:21,
62:10, 66:23, 69:21,
78:15, 81:17, 82:14
testify [4] - 33:19,
34:19, 54:21, 66:8
testifying [6] - 24:6,
27:22, 27:24, 30:24,
33:24, 55:12
testimony [17] - 12:21,
13:18, 23:11, 30:2,
40:25, 45:21, 58:22,
61:12, 62:4, 62:20,
64:14, 75:3, 75:5,
78:4, 78:18, 81:22,
81:23
THAT [1] - 1:15
THE [242] - 1:1, 1:2,
2:3, 2:8, 4:3, 4:6,
4:8, 4:12, 4:15, 4:20,
5:2, 7:24, 9:25, 10:2,
10:10, 10:21, 11:3,
11:6, 11:10, 11:13,
11:17, 11:23, 12:1,
12:4, 12:11, 12:24,
13:4, 13:7, 13:10,
13:18, 13:23, 14:6,
14:11, 14:23, 16:7,
16:19, 17:2, 17:8,
18:19, 18:25, 19:3,
19:8, 20:24, 21:8,
21:10, 21:11, 21:12,
21:13, 21:15, 21:16,
21:19, 21:24, 22:4,
22:6, 22:11, 22:14,
22:23, 23:5, 23:8,
23:17, 23:19, 23:21,
24:9, 24:12, 24:14,
24:21, 25:19, 25:24,
26:5, 26:11, 27:3,
27:7, 27:16, 27:22,
28:1, 28:6, 28:12,
29:19, 29:21, 30:3,
30:7, 30:10, 30:15,
30:18, 30:23, 31:2,
31:5, 31:10, 32:2,
32:3, 32:4, 32:21,
32:24, 33:9, 33:22,
34:6, 34:16, 34:18,
34:25, 35:2, 35:4,
35:14, 35:19, 35:22,
36:2, 36:11, 36:17,
37:9, 37:14, 37:17,
37:19, 38:23, 39:6,
39:9, 39:13, 39:14,
39:17, 39:22, 40:2,
40:4, 40:18, 40:23,
41:4, 42:6, 42:9,
44:8, 44:11, 44:16,
44:18, 45:25, 46:2,
46:23, 48:12, 48:16,
49:17, 49:19, 50:7,
50:9, 51:9, 51:10,
51:19, 51:22, 52:2,
52:6, 52:22, 52:25,
53:5, 54:14, 54:17,
54:20, 54:23, 55:12,
55:16, 55:21, 56:3,
56:5, 56:9, 56:11,
56:14, 56:15, 56:17,
57:1, 57:21, 57:24,
58:14, 58:17, 58:24,
59:6, 59:9, 59:14,
59:20, 59:22, 60:1,
60:10, 62:8, 62:14,
62:16, 62:19, 63:1,
63:2, 63:7, 63:10,
64:5, 64:6, 64:14,
64:16, 64:20, 65:10,
66:1, 66:3, 66:6,
66:8, 66:10, 66:11,
68:22, 69:11, 69:13,
69:15, 69:17, 69:21,
69:25, 70:1, 70:2,
72:23, 73:1, 76:9,
76:10, 76:11, 76:14,
76:16, 76:17, 76:22,
77:1, 77:18, 77:22,
78:1, 78:6, 78:9,
78:17, 79:21, 79:24,
80:2, 82:4, 83:1,
84:3, 84:10, 84:13,
84:19, 84:23, 84:25,
85:11, 85:16, 86:4,
86:7, 87:12, 87:17,
87:19, 88:2, 88:7,
88:12, 88:15
thereafter [1] - 26:17
thereby [1] - 79:13
therefore [2] - 6:5,
17:25
they've [1] - 84:14
thief [1] - 29:3
thieves [2] - 28:18,
48:25
thinking [1] - 47:19
Thomas [1] - 1:16
thoughts [1] - 58:13
thousand [2] - 43:10,
75:13
thousands [1] - 32:12
threaten [3] - 29:14,
35:5, 53:19
threatened [1] - 33:1
threats [6] - 36:19,
48:7, 53:18, 82:18,
82:19, 82:20
three [4] - 21:14, 46:7,
50:17, 81:18
threw [1] - 14:16
throw [1] - 48:24
throwing [1] - 86:16
ticket [2] - 65:18,
65:20
tie [1] - 86:21
Tigard [7] - 2:5, 7:12,
57:7, 63:14, 70:18,
74:19, 74:23
Tigard-Tualatin [1] -
70:18
tile [5] - 67:16, 67:21,
67:22, 67:24, 68:18
today [16] - 6:6, 19:6,
21:18, 23:11, 26:3,
28:14, 40:12, 46:11,
63:13, 68:15, 69:3,
69:7, 74:12, 84:7,
85:1, 85:15
tomatoes [1] - 48:24
tomorrow [3] - 9:8,
58:3, 58:5
took [5] - 12:15,
16:14, 29:3, 59:3,
70:23
tool [1] - 82:22
top [3] - 49:7, 70:22,
72:3
Topeka [3] - 61:17,
62:23
torrent [1] - 53:14
totally [2] - 69:9,
69:17
tourist [1] - 67:10
tracking [1] - 52:4
traffic [2] - 65:17,
65:20
transcribed [1] -
89:10
TRANSCRIPT [1] -
1:12
transcript [2] - 89:9,
89:11
travel [3] - 16:24, 79:9
travelled [1] - 12:19
travels [1] - 16:3
treatment [1] - 56:19
trip [2] - 16:12, 67:8
trouble [1] - 67:21
true [7] - 5:11, 33:6,
41:23, 41:24, 58:9,
87:2, 89:11
truth [2] - 41:12, 52:11
truthful [1] - 13:3
try [4] - 36:8, 39:3,
77:14, 85:2
trying [7] - 14:21,
34:6, 35:17, 39:7,
44:13, 52:6, 84:14
Tualatin [3] - 9:4,
57:19, 70:18
turn [1] - 86:9
turning [1] - 53:21
TV [3] - 9:12, 9:13,
43:25
twice [1] - 76:5
two [14] - 4:11, 5:24,
7:19, 17:9, 21:13,
30:5, 30:8, 40:7,
52:10, 55:14, 63:20,
75:13, 80:7, 85:5
twofold [1] - 5:5
type [1] - 36:13
U
ultimate [1] - 63:18
under [18] - 5:19, 7:17,
8:5, 10:16, 10:18,
17:17, 18:11, 23:3,
23:15, 30:13, 31:18,
34:19, 42:4, 45:14,
49:10, 78:6, 85:18
unhappy [1] - 47:3
unidentified [1] - 7:6
uniform [2] - 72:20
United [3] - 25:7,
32:15, 63:25
unleash [1] - 83:13
unleashed [1] - 57:22
unless [1] - 78:3
unmarked [1] - 72:12
Unmarked [1] - 61:1
untruthful [1] - 14:4
up [17] - 5:3, 6:25,
8:24, 14:20, 33:4,
34:12, 43:21, 48:21,
50:25, 78:24, 78:25,
81:24, 81:25, 82:2,
83:24, 85:7, 88:4
US [6] - 17:21, 25:11,
28:10, 47:7, 48:18,
65:13
uses [3] - 12:9, 16:2,
81:9
ussyorktowncvs10
@yahoo.com [2] -
2:5, 68:4
usual [1] - 23:20
V
VA [4] - 55:17, 56:20,
75:10, 82:12
vague [1] - 49:20
valor [3] - 28:18, 29:3,
48:25
Valor [1] - 47:3
value [1] - 12:22
verify [1] - 10:22
vernacular [1] - 28:17
version [1] - 18:4
versus [4] - 15:12,
33:20, 47:7, 48:19
veterans [3] - 25:13,
25:14, 72:19
Veterans [2] - 9:2,
25:9
PACE REPORTING503.655.4183
11
VFW [4] - 9:3, 43:22,
57:17, 57:19
victims [1] - 73:9
Victor [1] - 23:7
Vietnam [2] - 25:9,
29:2
view [1] - 18:5
vigilantes [1] - 49:1
village [1] - 48:23
violation [1] - 65:18
Virginia [13] - 5:8,
5:11, 8:9, 12:6,
12:13, 14:5, 14:12,
16:11, 17:1, 17:4,
19:9, 19:11, 42:12
VOICE [7] - 22:10,
84:8, 84:11, 84:18,
84:21, 84:24, 85:10
voice [1] - 87:11
vs [1] - 1:6
W
wait [3] - 19:24, 21:6,
29:23
waiting [1] - 51:6
waive [1] - 24:17
walked [2] - 75:22,
75:25
walker [1] - 16:2
walking [1] - 15:24
WANTED [10] - 9:15,
9:24, 26:20, 38:12,
59:2, 61:2, 61:7,
83:9, 83:12, 83:23
wants [1] - 28:6
War [2] - 9:2, 29:2
war [1] - 25:15
warning [2] - 78:22
warrant [2] - 47:8,
48:25
Wasco [1] - 34:20
WASHINGTON [1] -
1:2
Washington [11] -
1:18, 6:12, 7:18,
10:25, 11:4, 11:23,
12:19, 13:15, 16:21,
17:23, 81:19
weapons [1] - 48:10
wearing [3] - 43:4,
43:6, 72:20
web [1] - 72:3
website [23] - 26:24,
28:15, 28:16, 29:7,
29:8, 38:11, 46:6,
46:7, 46:9, 46:14,
47:21, 49:2, 62:3,
71:11, 71:13, 71:16,
72:5, 72:8, 73:3,
73:18, 73:21, 74:1,
79:16
websites [2] - 71:14,
79:19
week [2] - 72:2, 84:20
weekend [1] - 45:13
weeks [6] - 5:24, 7:19,
14:19, 63:24, 63:25,
66:20
West [13] - 5:8, 5:11,
8:9, 12:6, 12:13,
14:5, 14:12, 16:11,
16:25, 17:4, 19:9,
19:11, 42:12
wheelchair [2] - 16:3,
16:16
whiskers [1] - 70:22
White [4] - 16:12,
16:14, 16:23, 17:1
Whittenberg [1] -
36:22
Whittinger [1] - 36:25
whole [3] - 79:13,
81:22, 88:14
Wickentide [1] - 37:1
Wicker [1] - 34:12
wife [9] - 8:11, 45:8,
45:11, 45:18, 45:21,
47:11, 64:19, 65:7,
82:18
wife's [2] - 45:13,
64:16
willful [1] - 53:9
Williams [3] - 33:20,
34:3, 34:19
wind [1] - 77:12
winter [1] - 36:4
withdraw [1] - 77:25
WITNESS [25] - 23:19,
32:3, 34:18, 37:9,
37:17, 39:6, 39:13,
46:23, 51:10, 56:14,
62:14, 62:19, 63:2,
64:6, 64:16, 66:1,
66:6, 66:10, 69:13,
69:17, 69:25, 70:2,
76:10, 76:14, 76:16
witness [19] - 22:20,
22:24, 24:7, 24:9,
24:15, 27:20, 27:21,
27:24, 30:19, 31:17,
38:24, 39:2, 46:3,
49:18, 50:5, 53:25,
54:15, 58:16
Witness [2] - 3:1,
89:15
witnesses [8] - 20:22,
21:1, 21:2, 21:3,
21:14, 24:10, 84:9,
84:17
PACE REPORTING503.655.4183
12
woman [3] - 61:17,
62:23
women [1] - 76:1
word [1] - 20:3
words [4] - 33:2,
41:19, 47:12, 47:13
world [1] - 42:23
worth [1] - 85:1
wrap [1] - 6:25
write [1] - 67:23
writes [1] - 58:2
wrote [5] - 46:10,
46:15, 47:10, 47:20,
48:2
Y
yacht [1] - 32:14
year [4] - 11:15, 56:17,
74:10, 78:11
years [19] - 25:1, 25:3,
28:24, 29:1, 30:14,
50:17, 66:7, 69:9,
69:20, 70:20, 70:23,
73:20, 75:13, 77:5,
79:7, 80:8, 82:3,
82:10
yell [1] - 43:1
yelled [1] - 76:3
yellow [1] - 61:9
Yelp [1] - 77:8
yourself [6] - 4:24,
20:22, 24:6, 31:2,
55:13, 55:22
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