jenkins trial testimony of phil grant

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Cassandra McCoy, CSR (936) 524-6305359th Deputy Official Court Reporter

1

REPORTER'S RECORDVOLUME 7 OF 12 VOLUMES

TRIAL COURT CAUSE NO. 12-03-02579-CRAPPELLATE CASE NO. 14-13-00662-CR

STATE OF TEXAS

VS.

JAMES ALAN JENKINS,

DEFENDANT.

)))))))

IN THE DISTRICT COURT

MONTGOMERY COUNTY, TEXAS

359TH JUDICIAL DISTRICT

*****

***GUILT/INNOCENCE PHASE***

*****

On the 25th day of June, 2013, the following proceedings

came on to be heard in the above-entitled and numbered cause

before the Honorable John Stevens, Judge presiding, held in

Conroe, Montgomery County, Texas;

Proceedings reported by machine shorthand and

Computer-Aided Transcription.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


2

A P P E A R A N C E S

FOR THE STATE:Mr. Jonathan WhiteSBOT NO. 24054475Mr. David GlicklerSBOT NO. 00787549Attorney General Of Texas, Assistant Attorney GeneralsPO BOX 12548Austin, Texas 78711(512) 475-2547

FOR THE DEFENDANT:Mr. Audley H. HeathSBOT NO. 09347400Attorney at Law609 Colquitt StreetHouston, Texas 77006(713) 526-4221

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


3

I N D E X

Volume 7

PAGE VOL.

JUNE 25, 2013

Announcement............................. 8 7

Defendant's Motion in Limine............. 8 7Court's Ruling........................... 9 7

Jury Sworn............................... 10 7

Court's Instructions..................... 11 7

Arraignment.............................. 16 7

Opening Statement by Mr. White........... 17 7Opening Statement by Mr. Heath........... 26 7

STATE'S WITNESSES

Direct Cross Voir Dire Vol.

James Stilwell....... 30, 72 97, 119 71117, 124 7

Phil Grant........... 126, 137 130, 141 7

Dara Bowlin.......... 142 168 7

Richard McDuffee..... 170, 200 206 7

Defendant's Motion for Mistrial.......... 204 7Court's Ruling........................... 204 7

Court Adjourned.......................... 221 7

Reporter's Certificate................... 222 7

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


4

ALPHABETICAL INDEX

DIRECT CROSS VOIR DIRE VOL.

BOWLIN, DARA......... 142 168 7

GRANT, PHIL.......... 126, 137 130, 141 7

MCDUFFEE, RICHARD.... 170, 200 206 7

STILWELL, JAMES...... 30, 72 97, 119 71117, 124 7

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


5

EXHIBIT INDEX

STATE'S

NO. DESCRIPTION OFFERED ADMITTED VOL.

1 WRUD Boundaries Map 33 33 7

2 WRUD Board ElectionApplications 40 40 7

3 WRUD Election RecordsEarly Voting 42, 43 43 7

4 WRUD Election RecordsMay 8, 2010 42, 43 43 7

5 Photograph - Residence Inn 47 47 7

6 Business Records AffidavitGuest Records 47 47 7

7 Voter Registration ChangeApplications 54 54 7

8 Deed Records - Adrian Heath 67 67 7

9 Deed Records - James Jenkins 67 67 7

10 Deed Records - Tom Curry 67 67 7

11 Deed Records - Bill Berntsen 67 67 7

12 Deed Records - Peter Goeddertz 67 67 7

13 Deed Records - RichardMcDuffee 67 67 7

14 Deed Records - James and SybilDoyle 67 67 7

15 Deed Records - Roberta Cook 67 67 7

16 Deed Records - Peter Allison 71 72 7

17 Aerial Map 72 73 7

18 Appraisal DistrictHomestead Exemptions 81 81 7

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


6

EXHIBIT INDEX CONTINUED

STATE'S


19 Business Records AffidavitGuest Records July 26, 2011 145 145 7

20 Photos - Adrian Heath's Home 94 94 7

21 Photos - James Jenkins' Home 79 79 7

22 Photos - Thomas Curry's Home 79 79 7

23 Photos - Bill Berntsen's Home 79 79 7

24 Photos - Peter Goeddertz'sHome 79 79 7

26 Photos - Sybil Doyle's Home 79 79 7

27 Photos - Roberta Cook's Home 79 79 7

28 Photos - Ben and RobertAllison's Home 79 79 7

33 Photos - WRUD Civil SuitIntervenors 189 190 7

34 Montgomery County DistrictAttorney Letters 124 125 7

38 Secretary of State FilingsWorld Wide Microsystems 154 154 7

39 DPS Records - Adrian Heath 157 157 7

40 DPS Records - James Jenkins 157 157 7

41 DPS Records - Thomas Curry 157 157 7

42 DPS Records - Bill Berntsen 157 157 7

43 DPS Records - Peter Goeddertz 157 157 7

44 DPS Records - Richard McDuffee 157 157 7

45 DPS Records - Sybil Doyle 157 157 7

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


7

EXHIBIT INDEX CONTINUED

STATE'S


46 DPS Records - Roberta Cook 157 157 7

47 DPS Records - Ben Allison 157 157 7

48 DPS Records - Robert Allison 157 157 7

49 Texas Department ofTransportation VehicleRegistration Records 166 166 7

51 Calendar 151 151 7

* denotes exhibits withdrawn or not admitted

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


8

(IN OPEN COURT; STATE, DEFENSE, AND DEFENDANT

PRESENT)

THE COURT: Okay. There's something y'all want

to put on first, right --

MR. HEATH: Yes, Your Honor.

THE COURT: -- preliminary?

MR. HEATH: Yes, Your Honor. This will be an

oral motion in limine. Comes now James --

THE COURT: Hold on. Let me call the case.


THE COURT: We recall 12-03-2579; The State of

Texas versus James Alan Jenkins. The defendant and his

attorney, Mr. Heath, and the State's attorneys are present.

Go ahead. The Defense, Mr. Heath, you wanted to

put something on the record here before we begin?

MR. HEATH: I do, Your Honor.

THE COURT: Go ahead.

MR. HEATH: Prior to starting the State's

case-in-chief, James Jenkins, by and through his attorney of

record, Audley H. Heath, moves that the Court grant our motion

in limine.

And what we are asking that the Court limine

would be a -- any conclusions of law or findings of fact

rendered by Judge PK Reiter in the election contest case, which

arose from the election in which Mr. Jenkins is alleged to have

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


9

illegally voted, that Court's findings and any opinion by the

appellate court justices who handled the appeal of that

election contest, and that was out of the Ninth District Court.

And I can provide you, I guess, Your Honor, with cause numbers

to both. My understanding is the State is not opposing that

requested motion in limine.

THE COURT: That's correct?

MR. WHITE: That's correct, Your Honor. The

State does not plan to offer the specific findings of

fact/conclusions of law or the opinion of the appellate case.

MR. HEATH: And the grounds, therefore, and I

think all parties agree, are that the standard -- not standard,

the burden of proof is a different standard. It's by clear and

convincing evidence in a lower court case and -- in the

election contest and it is by beyond a reasonable doubt here in

court.

And we'd ask the Court to grant that, Your

Honor.

THE COURT: What says the State?

MR. WHITE: State's not opposed to that, Your

Honor.

THE COURT: All right. It's granted.

MR. HEATH: Thank you, Your Honor.

MR. GLICKLER: I want the record to reflect that

in the middle of that, I stepped outside to inform our first

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


10

witness, who is Mr. Stilwell, of the motion in limine. He

understands it.

THE COURT: Thank you.

Okay. I don't think you need to put anymore

descriptions. I believe we all understand the case number, the

case name, where the case proceeded in trial court and on

appeal, but that was in an election --

MR. HEATH: Contest.

THE COURT: -- contest case and that, as you've

pointed out, the burden of proof was different than it is here

in this criminal case. So, without objection, again, your

motion is granted. And if the State feels though that you need

to bring that up at any time and we need to revisit this, just

approach the Bench outside the jury's hearing so they can -- so

we can take that matter up.

(PAUSE)

THE COURT: All right. Bring the jury in.

THE BAILIFF: All rise for the jury.

(JURY PRESENT)

THE COURT: Good morning to all of you.

THE JURY: Good morning.

THE COURT: Ladies and gentlemen, the first

thing we're going to do is swear you-all in as jurors in this

case. So, please raise your right hands.

(JURY SWORN)

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


11

THE COURT: Ladies and gentlemen, by the oath

that you have just taken as jurors, you have now become

officials of this court and active participants in the public

administration of justice. If at any time you cannot clearly

hear the proceedings, please raise your hand. We want to make

sure that you hear and see all the evidence as it is presented.

Now, please remember no one may discuss this

case with you during your service as jurors; and, likewise,

don't be offended if you happen to run into the attorneys in

the hallway and the elevator and they do little more than nod

to you. To maintain the integrity of the jury system, the law

prohibits them from discussing matters about this case with you

until you are released from duty as jurors.

If someone does contact you or tries to contact

you about this case while you are jurors, please report that

fact to one of our bailiffs.

And while you are jurors, please do not discuss

the evidence in this case with your fellow jurors until you go

back to deliberate at the conclusion of the case. And do not

discuss this case with your spouse, significant other, your

friends, or anyone else until you are discharged at the end of

the case.

And again, remember, you are not permitted to

read any newspaper articles about this trial or watch

television or listen to any radio reports that may discuss this

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


12

case while you are jurors.

And I notice some of you have some note-taking

material. You may take notes if you wish. If you choose to do

that, those are for your personal purposes only. You may not

show them to your fellow jurors nor can you mention in the jury

room that they are indicative of some particular matter. They

can be used only to refresh your own personal memory of what

you may have recorded.

And also, during opening statements and final

arguments, when the lawyers are doing their arguments, please

do not take notes. Listen intently though, okay.

Now, take a moment to make sure that your cell

phones are turned off. And while you are jurors and in the

deliberation room, please make sure that you don't make any

calls or texts or message to anyone. You can't communicate

outside the deliberation room with anyone. And if you need to

make a phone call at any time while you are in the deliberation

room, let us know and we'll make sure that you get that call

made.

Now, do not go to any of the locations referred

to by the witnesses in the case nor perform any type of

individual investigation of the facts of this case. You will

hear all the evidence here in the courtroom. And likewise, do

not look in books, encyclopedias, or dictionaries, or go to the

library or review courthouse records in order to obtain

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


13

information over and above what is presented to you during the

trial.

Now, your oath states that you will render a

verdict only on the evidence submitted to you under the Court's

legal rulings. And the evidence you may consider will consist

of the testimony of witnesses who will be testifying from that

witness chair. Evidence may also be presented in the form of

physical objects or documents, which are called exhibits.

Now, during a trial, objections are made. Those

are normal and customary procedures in litigation. When an

objection is made, I must rule on it. Let's say one of the

attorneys is questioning a witness, the other attorney objects.

If I overrule the objection, then the witness will answer the

question.

If I sustain the objection to a question, it may

be asked in a different manner that fits better within the

Rules of Evidence because we're following several sets of

rules: The Texas Rules of Evidence, the Texas Code of Criminal

Procedure, and the Texas Penal Code, and other laws that the

Legislature has enacted. All that becomes part of a litigation

process and a trial process.

Now, let's say there's an object like a pen

that's moved into evidence by one of the lawyers. The other

lawyer, let's say, objects. If I sustain the objection, it's

withdrawn. If I overrule it, then it's admitted.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


14

And again, items can be admitted at a later time

in a different way that may fit the Rules of Evidence more

properly if the Court sustains early.

Also, from time to time, I may make instruc- --

I may give you instructions of law. At the end of the trial,

I'm going to give you what's called a jury charge; and that is

right before the lawyers do their arguments. And the jury

charge is a compilation of all the law that's relevant in this

case for your deliberations.

But if during the course of the trial I give you

an instruction, make sure that you follow that instruction

because, by your oath, the law that I provide to you, you must

follow.

However, each of you gets to determine what the

facts are. And in doing so, you determine and evaluate the

credibility of the witnesses and how much weight to be given

the testimony of the witnesses.

In considering the weight and the value of the

testimony of witnesses, you may consider their appearance,

their attitude, their behavior, their interest in the outcome

of the case, their relationship to one party or the other, the

inclination of the witness to tell the truth, the probability

or improbability of their statements, and you can draw

reasonable inferences from the statements of witnesses; and you

can use all other factors you feel will help you in giving the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


15

testimony of the witness the degree of credibility that you

feel deserves.

Now, the trial is going to proceed in the

following manner: In just a moment, I'm going to ask the

prosecutors to read the indictment and the defendant shall

plead to the indictment. Then the lawyers get to -- a chance

to make opening statements. And these are brief summaries of

what they expect the evidence will show. Then the State of

Texas will present witnesses and call witnesses and examine

those witnesses. After each witness is called and examined by

the State, the Defense has a fair opportunity to cross-examine

those witnesses.

And sometime during this trial when the State is

completed presenting its case, you will hear something to the

effect of: At this time, the State rests.

And then the Defense has an opportunity to

present any evidence.

However, remember that a defendant is never

required to prove his innocence.

If witnesses are called by the Defense, the

State has a fair opportunity to cross-examine those witnesses

as well.

And when all parties are presented -- have

finished presenting their evidence, I will read to you the jury

charge, then the lawyers will make final arguments, and you

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


16

will go back together to deliberate on this case.

At all times, it is your foremost responsibility

to make certain that justice is done in this case in accordance

with the law given to you and the evidence presented.

All right. At this time, I'm going to ask the

State of Texas to present the indictment and the defendant

shall rise.

MR. WHITE: "In the name and by the authority of

the State of Texas: The grand jury, for the County of

Montgomery, State of Texas, duly selected, empaneled, sworn,

charged, and organized as such by the 9th Judicial District

Court for said County, upon their oaths present in and to said

court that James Alan Jenkins, hereinafter styled defendant, on

or about May 8, 2010, and before the presentment of this

indictment, in the County and State aforesaid, did then and

there vote in an election in which the defendant knew he was

not eligible to vote; to-wit, defendant voted in the May 8,

2010 Woodlands Road Utility District Board of Directors'

election, when he knew that he did not reside in the precinct

to which he voted.

"Against the peace and dignity of the State.

"Signed foreperson of the grand jury."

THE COURT: James Alan Jenkins, how do you plead

to the indictment, guilty or not guilty?

THE DEFENDANT: Not guilty.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


17

THE COURT: Not guilty will be entered into the

record and you may be seated.

All right. At this time, I'm going to ask the

attorneys to make their opening statements if they wish.

And the State of Texas may move forward.

MR. WHITE: Thank you, Your Honor.

THE COURT: And, ladies and gentlemen, opening

statements, again, the lawyers have a reasonable amount of time

to make those.

So, you may proceed, sir.

MR. WHITE: May it please the Court, counsel.

Ladies and gentlemen of the jury, we spent time

talking about residence yesterday. And the general principle

in the state of Texas, if you boil it all down, is vote where

you live. Don't vote where you don't live.

Now, Mr. Jenkins is not a student. He's not a

solider. And he's not a snowbird.

He's a married man that owns a home, 4,500

square foot home, in The Woodlands outside of the Road Utility

District. And it's not a situation where he owns two homes and

he splits his time fifty-fifty in each one. He owns one home.

And he stayed the night of the election in a hotel inside the

Road Utility District in order to vote in that election and

manipulate the outcome of that election.

Three of his associates ran for Board for the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


18

Board of Directors of the Road Utility District as candidates.

And the scheme that Mr. Jenkins concocted was to elect them to

the majority of the Board and take control of the Road Utility

District.

What is the Road Utility District? I think we

all want to know.

The Road Utility District is a government

entity. It was established by Congress -- or by the

Legislature of the state of Texas in 1991 for the purpose of

creating and maintaining the roads in The Woodlands area, very

specific area, inside of The Woodlands Township. It's a

business district. It's commercial properties. Almost

entirely commercial and that was by design.

The intent of the Road Utility District was not

to tax residents for the roads that people drove on that

benefited the commercial properties and the businesses in the

area that brought people from outside of The Woodlands into it,

into these businesses. The purposes was to tax the businesses

that benefited from those roads.

However, Mr. Jenkins did not like the idea of a

taxing authority that didn't answer to voters. So, he, the

group, concocted a scheme to take over the RUD. And that was

what he did.

The three members of the group that ran for the

Board of Directors were Pete Goeddertz, Rick McDuffee, and Bill

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


19

Berntsen.

And the scheme began in March when those three

filed their applications to become candidates for Board of

Directors. And then rest of the group came on board. I

believe Mr. Jenkins changed their voter registration to 9333

Six Pines Drive, which is a Residence Inn, a Marriott Residence

Inn.

And those voter registrations were exchanged at

the beginning of April, which is ironically very close to April

Fools' Day. The Residence Inn was chosen by -- it was

purposefully chosen. A little play on words. Residence Inn.

And what's important about it is when

Mr. Jenkins and the others declared the residence on these

voter registration applications, they swore under the penalty

of perjury that that is where they lived. They never stayed a

night in that hotel at the time that they swore to that

information.

And on the document, it says it is a crime to

give false information in order to procure a voter

registration, which is exactly what the defendant did.

There's no dispute, there's never a room rented

by Mr. Jenkins prior to the night of the election. First night

he ever stayed in the hotel. Registered 30 days before, which

was the requirement by law to register at least 30 days prior

to the election and then stayed the night of the election.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


20

The day after the election, cleared out of the

hotel never to return until something happened. Well, as you

might imagine, the scheme that temporarily hijacked the RUD,

raised a few eyebrows.

It didn't go unnoticed and fraud was expected.

There was a temporary injunction that froze the results of the

election so that the three members of Mr. Jenkins' group did

not take their seats on the Board.

So, the mission to take over the RUD was not

accomplished. It wasn't completed.

What Mr. Jenkins -- what the defendants did,

they inserted themselves into the lawsuit. They filed as

intervenors.

MR. HEATH: Your Honor, may we approach the

Bench?

THE COURT: Okay.

(AT THE BENCH, ON THE RECORD)

MR. HEATH: We're getting into the -- without

approaching the Bench, we're getting into the election contest.

He's already talked about it.

MR. WHITE: My understanding was that we're not

talking about the findings of fact and conclusions of law of

the contest or of the opinion of the appellate court. And I

don't intend to do that.

MR. HEATH: Well, he's already gone through what

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


21

the results were. He told them what the result was.

THE COURT: No, he hasn't.

MR. HEATH: They were not able to succeed in

supplanting the Board.

MR. WHITE: That was because the vote was

frozen.

MR. HEATH: He's already talking about the --

THE COURT: He wants -- we want the jury to be

making a decision based upon what they hear here and the

evidence presented and not pouring over decisions that were

made by other authorities.

MR. WHITE: Absolutely. That's exactly what I'm

going to go in to. I'm going to leave the Court's decisions

out of it completely. The fact that they were stalled from

counting the ballots, certifying the election, was the reason

that they took -- that Jenkins and the group took actions later

on renting additional hotel rooms.

MR. HEATH: He's talking about the intervention

in the election, Your Honor.

THE COURT: He has a fair opportunity to present

what he feels like is the evidence to prove the case which may

involved things that exist before, during, and after the

election. And I'm going to give him a fair opportunity; but

that motion, that was made by the Defense in limine. I don't

-- I'd rather the implication not be the jury -- that some

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


22

favorable --

MR. WHITE: Absolutely.

THE COURT: -- for your side.

MR. HEATH: My objection at this point in time

is, to me, that's the only inference that can be drawn.

THE COURT: Well, you've -- I disagree. And I

think there are other inferences to be drawn.

But you be careful. You're getting close to an

area that I think it is objectionable and is not fair.

Go ahead.

MR. GLICKLER: The only thing I would add is

that until that lawsuit was filed, Mr. Jenkins stayed in that

hotel one night. And he spoke last week. He said he wants to

point out that he stayed in the hotel multiple times

afterwards. But the point is, the aggravated fact that once

that lawsuit was filed, that's when they went back to the

hotel.

THE COURT: Well, just because litigation might

have representation, I think that people -- I don't think that

that's --

MR. GLICKLER: I believe the evidence is going

to show that.

THE COURT: I think just the outcome of the

litigation --

MR. WHITE: Absolutely.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


23

THE COURT: -- stay away.

MR. WHITE: I'm not going to touch it.

(IN THE HEARING OF THE COURTROOM)

THE COURT: You may proceed.

Thank you, ladies and gentlemen, for bearing

with us.

MR. WHITE: Because the election results were

frozen and the vote wasn't canvassed, as they called it, and

the votes weren't certified, this scheme to take over the RUD

was not completed. So, the defendant and his group asserted

themselves and tried to intervene to get their votes counted.

And in so doing, they got together and made a

plan and came up with additional things that they thought,

well, we better go back and cover our tracks; we better rent

some extra nights at the hotel; we better make an appearance

there and say hello to the staff, drop in even if we didn't

have rooms rented; take photos. You're going to see and hear

all of that evidence.

There are members of this group that have

decided to no longer affiliate with the group and they're going

to testify in this case about what happened. Though they

thought the ends justified the means at the time, these

witnesses will agree that there were other ways to go about

what this group did.

And the evidence will show that despite all of

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


24

the legal remedies that may have been available to Mr. Jenkins,

what he chose to do was to engage in an illegal voting scheme

rather than request records trying to bring -- to try to see

what was there, investigate, try to bring it out if there was

anything inappropriate. He chose to manipulate the vote, to

try and cheat the system. And that's what the evidence is

going to show.

In addition, this group, while they were in the

process of trying to get their votes counted, they did things

to try to make it appear not only that they were living in the

hotel as guests and renting rooms, splitting them between a

number of them, they also hid their personal belongings at

their house, packed things in boxes. They -- one or two of

them put their house on the market for a price that it wouldn't

sell for. They cut the power of their house, the breaker

panel, to make it appear when parties went through and the took

photos of the homes that they were not living in the home.

They tried to make it appear that way.

You're going to be able to see those photos of

the inside of their homes that were taken right around this

time these things were happening.

And I guess the question still probably remains:

Why? Why did they do it? Why to take over the RUD? But why

to take over the RUD?

Mr. Jenkins and his group of people are

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


25

political activist and they are actively looking for causes to

get involved in. And despite not living inside the RUD, not

being taxed by the RUD, for the roads that are built and

maintained to the benefit of those businesses and commercial

properties that exists inside the RUD, he perceived some

problem with this tax war as I said earlier and felt that it

was his duty and his group to go in and take it over.

You will have an opportunity to hear from the

Road Utility District as well. You can hear both sides of the

story, determine which group is more credible.

The State doesn't have a dog in that fight.

But at the end of all the evidence, you will

find that the defendant went to this hotel for temporary

purposes only. And the purpose was to vote in this election

and manipulate the outcome of this election and elect three of

the members of his group to the Board and take over the Road

Utility District. And do what? Shut it down.

In this case, activism of this group crossed the

line into lawlessness. Mr. Jenkins was fully aware of the

criminal implications of this. He was even sent a warning

letter by the DA's office here. The DA was informed that

voters had registered to vote in a district that has no

residents.

They sent the letter out informing them of the

law, directing him to the election code. But the evidence will

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


26

show that defendant purposefully ignored the law, the law that

we talked about yesterday in voir dire.

He cheated the system. He knew exactly what he

was doing.

And at the close of evidence, you'll find the

defendant guilty of violating perhaps the most important

process you have as free Americans and you'll hold him

responsible for illegal voting.

THE COURT: Mr. Heath, do you want to make an

opening statement now?

MR. HEATH: Your Honor, may it please the Court,

I'll go ahead and make an opening statement now.


MR. HEATH: Ladies and gentlemen of the jury,

Mr. Jenkins, as he sits in that chair today as the accused

citizen, took a journey just like his forefathers took a

journey across the big ocean to come to a country where one

person had one vote. One person. One vote. Where a person

had the right to choose where they reside. Where a person, and

not some governmental entity, chooses where they reside.

Now, the facts in this case and the issues in

this case are of fundamental importance. They resonate on the

right to vote. They resonate on the right to choose your

residence.

And if you'll recall in our voir dire, one of

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


27

the prospective jurors was an election judge. And he said your

residence is where you register --

MR. WHITE: Objection.

THE COURT: Hold on. There's an objection.

MR. WHITE: Your Honor, this is not evidence.

This would be improper statement.

MR. HEATH: I anticipate, Your Honor, in this

case that witnesses will testify to that fact. Governmental

officials will testify to that fact.

Now, the inference that Mr. Jenkins willy-nilly

made the decision to vote in this election, after you hear the

witnesses from the Defense, is totally unfounded. What Mr.

Jenkins and the other individuals that voted in this RUD

election did was engage themselves in the political process

which is how you make change in America.

And you know what? I want you to think about,

when you hear the evidence in this case, system. Think about

the system. Think about, as you're listening to the evidence,

what was the system. A RUD established for the purposes of

enhancing a commercial district.

The evidence will show Mr. Jenkins had no dog in

the hunt with respect to any monetary gain. But the only gain

was to be engaged in the political process and to right what he

perceived to be a wrong and to do it within the confines of the

law as that law has been propounded, created by the courts, by

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


28

the governmental agencies that control the voting process.

And at the end of all of the evidence, you will

have but one conclusion; and that is, it is fundamentally wrong

to find an individual guilty of engaging in the most precious

right that they have and in choosing where their residence is

for voting purposes.

And at the end of the evidence, there will be

one verdict that will be reasonable and that will be right; and

that is not guilty of this offense.

And with that, I'll sit down and look forward

with working with you.

THE COURT: And the State would call its first

witness, please.

MR. WHITE: State calls James Stilwell.

MR. HEATH: At this time, Your Honor, the

Defense would ask that the rule be invoked.

THE COURT: All right. The parties can get the

witnesses who are close by, please.

Ladies and gentlemen, you've heard, "the rule."

And it's the rule of sequestration or exclusion of witnesses.

It's generally done at the beginning of the case. Either party

can invoke the rule.

What's going to happen is, I'm going to ask the

people to come forward who are close by, swear them in at one

time, and then essentially instruct them to stay outside while

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


29

other witnesses testify and do not discuss their testimony with

others.

Is this it? Is he the only -- anybody else

outside close by?

MR. GLICKLER: Nobody, Your Honor.

THE COURT: All right. Please raise your right

hand, sir.

(WITNESS SWORN)

THE COURT: Please lower your hand.

The rule of sequestration or exclusion of

witnesses has been invoked. And what that means, sir, is you

and the other witnesses will be instructed to remain outside in

the courtroom -- outside the courtroom and do not discuss this

case with anyone except the attorneys. You will be summoned

forth for your testimony and the other witnesses will be by the

bailiffs when we are ready.

Please do not read or listen to any report or

the testimony in this case until you are finally released as a

witness in this case.

And you may be seated, sir.

MR. STILWELL: Thank you.

THE COURT: And also, the other witnesses, and

there may be few or many, I don't know, but the lawyers are

held accountable to making sure that they know the instructions

of the Court on the rule that I just issued, all right?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


30

Thank you.

JAMES STILWELL,

having been first duly sworn, testified as follows:

DIRECT EXAMINATION

BY MR. WHITE:

Q. Morning, Mr. Stilwell.

A. Good morning.

Q. Could you please introduce yourself to the jury.

A. Sure. My name is James Howard Stilwell. And I'm an

attorney with the law firm of Martin & Stilwell. I live in The

Woodlands, back part of The Woodlands.

Q. And could you spell your last name for the court

reporter?

A. Sure. It's S-T-I-L-W-E-L-L.

Q. I've made the mistake with two L's, so I want to save

everybody else the embarrassment.

A. It's okay. I recognize either one. It's frequent.

Q. Mr. Stilwell, what's your background in terms of your

legal practice in The Woodlands?

A. Sure. I have been licensed as an attorney for

approximately 18 years. I began my practice of law in

Montgomery County in 1995 after graduating from the University

of Texas School of Law. I have been in a variety of firms over

the years, but all generally located in The Woodlands, Texas.

Q. And in terms of your practice inside The Woodlands,

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


31

what does that involve?

A. I am generally a civil trial attorney. I handle all

kinds of civil trial matters that are not family-oriented, but

commercial litigation and a variety of other cases, real estate

and otherwise.

Q. And in your practice involving real estate and other

issues, have you had dealings with The Woodlands Township?

A. I am very familiar with The Woodlands Township. They

have not ever been a client of mine.

Q. Okay. And do you have a relationship with The

Woodlands Road Utility District to some degree; is that right?

A. I am also very familiar with The Woodlands Road

Utility District although it has also never been a client of

mine.

Q. And explain what -- who your clients were in relation

to The Woodlands Road Utility District or the RUD?

A. Certainly. I was involved in a civil matter

regarding an election that took place --

MR. HEATH: Your Honor, may we approach the

Bench?

THE COURT: All right.


MR. HEATH: We're getting ready to go right down

the path of the election contest.

THE COURT: What are we doing? I don't know.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


32

MR. WHITE: Background.

MR. HEATH: He just said he was involved as an

attorney in the election contest.

MR. WHITE: We're not going into the conclusions

and findings. Absolutely not.


MR. GLICKLER: The motion in limine wasn't that

we can't mention that there was a suit or a trial. The motion

in limine was that we can't mention the results or verdict or

that there was no finding. We're not doing that.

THE COURT: I understand. So, maybe your

objection is premature.


THE COURT: I don't think it's objectionable

yet.


THE COURT: You may proceed.

Q. (BY MR. WHITE) You were answering a question about

your involvement with the Road Utility District.

A. Yes. I was a civil attorney --

MR. HEATH: Objection, Your Honor.

Unresponsive.

THE COURT: Overrule. Go ahead.

A. -- representing three candidates for election to the

Road Utility District. My specific clients' names were Bill

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


33

Neill; Gene Miller; and Winton, he goes by Buck, Davenport.

Q. And tell us, Mr. Stilwell, if you can, what is the

Road Utility District.

A. The Woodlands Road Utility District is a special

branch of the government that was created to do road projects

on roads in and around The Woodlands, Texas.

Q. And what geographic area does the RUD cover?

A. Generally -- it is principally composed roads, major

roads inside the area that we think of as The Woodlands. It

also includes some commercial property that is tax space. But

principally, the bounds of the District are major roadways in

The Woodlands area.

MR. WHITE: At this time, the State would offer

State's Exhibit 1 which is a certified copy of the map, the

boundaries of The Woodlands Road Utility District.

MR. HEATH: Yes, this has been provided to us,

Your Honor. We have no objection to it.

THE COURT: State's Exhibit 1 is admitted

without objection.

Q. (BY MR. WHITE) What does this show us, Mr. Stilwell,

about the borders of this region? Can we explain this in terms

that people who have driven through The Woodlands might

understand where the Road Utility District is?

A. Sure. I'll do my best.

On the right side of the diagram, you'll see

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


34

Interstate 45 going up towards Conroe. The dark shaded area

that you see along Interstate 45, kind of in the middle of the

right-hand side of the map, is what you think of as The

Woodlands Town Center, the location where the mall, the

Pavilion, and other areas and kind of downtown Woodlands are.

And then as you come toward from the right-hand

side of the map towards the left-hand side of your map on the

bottom edge of that dark gray area, you see Woodlands Parkway

and it carries from I-45 all the way out to FM 2978. Woodlands

Parkway is one of the roads that, and you'll see it's kind of

got a darker color of the map, that's within the bounds of The

Woodlands Road Utility District.

If you go all the way along Woodlands Parkway

out to the left-hand edge of the map at FM 2978, you'll see

another kind of block out there on the left-hand side of the

map. That's where the large Wal-Mart at the end of Woodlands

Parkway is and the associated shops that are around that area.

If you come back again towards the right, you'll

see a couple of other blocks along Kuykendahl Road, which is

the next one to your right. That's the Indian Springs Shopping

Center. Again, another commercial location that is part of the

tax space of the Road Utility District along with some of that

Kuykendahl Road portion that you see going up to FM 1488.

If you again move it towards your right, you'll

come to Gosling Road and you'll see another block. That

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


35

location, the Gosling Road and Woodlands Parkway is part of

your Panther Creek Shopping Center. Again, commercial tax

space that's part of the Road Utility District.

If you head slightly north of Woodlands Parkway,

you'll see another dark line that goes all the way from I-45

across and intersects with Kuykendahl Road. That's Lake

Woodlands. Lake Woodlands is the road that crosses the actual

lake in The Woodlands called Lake Woodlands.

Slightly north of that, another kind of

east/west corridor is the Research Forest Drive. It is also a

road that is within the bounds of the Road Utility District.

And you'll see along Research Forest Drive, kind

of an extension of that block of shaded area, that -- and you

even see a little red dot where they were annexing and

additional parcel into the Road Utility District. Again,

that's commercial properties. A lot of those are businesses

along the Research Forest corridor.

And then you'll see slightly north on the north

edge of the map, or the topside of the page, the blocks at

Research Forest and College Park Drive, also known as 242.

That has several of the commercial properties along that area

including St. Luke's Hospital. There's another Wal-Mart in

that location and a variety of shops that are kind of along

that College Park Drive area there close to I-45.

Q. Thank you for that very thorough answer. And you

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


36

mention that these are commercial properties in this District

primarily; is that correct?

A. They are principally commercial properties. That's

correct.

Q. And was that by design?

A. That was by design.

Q. And what was the purpose of that?

A. I mean, generally if the purpose of the District is

to make sure that there are good roads and that road projects

can be performed, you have to have a tax base that would allow

for the raising of funds to do those road projects. If we want

to live and drive on roads, somebody has got to pay for them.

And the Road District projects are funded by the commercial

property tax space that is located within the bounds of the

District.

Q. Okay. Does the entire RUD lie within Montgomery

County?

A. Yes, it does.

Q. And did the election in 2010, the May 8th Board of

Directors' Election, actually take place also in Montgomery

County?

A. Yes, it did.

Q. Explain the structure of the Board of Directors,

please, and how the management of the Road Utility District

works.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


37

A. Sure. The Road Utility District, we call it the RUD,

is governed by a board of directors. The Board of Directors is

elected. At the time of the May 2010 election, there were five

directors. Three were elected in even-numbered years. Two

were elected in odd-numbered years.

Q. And in the 2010 election, how many directors were up

for...

A. There were three slots that were up for election,

which was the majority of the Board.

Q. I'd like to take a quick step back if I could and ask

you this, which is -- correct me if I'm wrong, but most cities

or municipalities take care of their own roads and don't have

road utility districts. Why is The Woodlands different?

A. Okay. You are correct that most cities have

jurisdiction over the roads within the bounds of the

municipality, but The Woodlands is not a city. It is not

incorporated as a city. It is currently governed, at the time

it was governed, by a special governmental entity called The

Woodlands Township. But The Woodlands Township did not have

jurisdiction over roads or road projects.

Instead, the special governmental entity that's

known as The Woodlands Road Utility District for those roads

and for the projects that they took on, had those

responsibilities, the county roads; and so, the county,

likewise, takes part in road projects and maintenance and

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


38

upkeep of roads in the area that we think of as The Woodlands.

Q. Are there other services as well that are provided

for by -- that would typically be provided for by a city or

municipality?

A. Certainly. Cities provide all kinds of services.

Q. Which -- which services do The Woodlands have that

are specially provided for by utility districts?

A. Well, a classic example, most municipalities are in

the water business; that is, they provide water and sewer

service. In The Woodlands, the Township has no involvement

with water and sewer service. Those are generally provided for

by Municipal Utility Districts, sometimes called MUDS. We are

talking about a Road Utility District or a RUD. But water and

sewer service is provided for by Municipal Utility Districts

called MUDS. That's an example.

Q. Okay. And how are those services paid for?

A. The Municipal Utility District services are paid for

two different ways. One is that the residents who consume

water. You know when you use water, you pay a water bill. And

so, in part, you're paying for the cost of the water through

your water bill.

But the municipal utility districts also have

the ability to tax. And we do pay a MUD tax. They also have

the ability to raise funds for putting in the water

infrastructure through bonds. And they sell bonds and use the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


39

taxes to pay back the bonds.

Q. In the case of the Road Utility District is it a

similar process?

A. It's a similar process although we don't pay for the

use of the roads like we pay for the use of the water. We

don't have tolls that we pay on any of the roads that are

within the bounds of the Road Utility District.

Q. And who pays for the roads -- who pays the taxes that

pay for the roads and the maintenance of the roads?

A. That's the commercial property that's inside of the

bounds of the District is taxed and those taxes help pay back

the bonds that are sold to do the road projects.

Q. And going back to the 2010 Board of Directors'

election, do you recall if there was an election required at

the previous term?

A. There had not been a previous contested election in

my recollection.

Q. And could you explain what a contested election is?

A. Certainly. When the time comes around for filing for

an election for the Road Utility District, under state law if

multiple people do not file for the same office; that is, if

there isn't a contested election; that is, multiple people

aren't running, then there are is no need to actually have the

election. That is, if it is uncontested, no need to have the

vote.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


40

Q. And is that by state law or is that just practice?

A. That is state law.

Q. So, if the law does not require election unless there

is a contested election, are we to concluded that in 2010 there

was, in fact, a contested election?

A. In 2010, the May 2010 election, there were multiple

people running for the three slots.


State's Exhibit 2, which is a certified record of The Woodlands


MR. HEATH: We've been provided this previously,

Your Honor. We have no objection to it.

THE COURT: It's admitted.

Q. (BY MR. WHITE) Mr. Stilwell, what am I showing you

here on the overhead?

A. The page that is up on the overhead is an application

for a place on the May 2010 Road Utility District ballot. And

it is in particular the application of Bill Berntsen for the

position of the Board of Directors of The Woodlands Road

Utility District.

Q. And what is the permanent residence address that's

listed for Mr. Berntsen?

A. If you look at, I guess, about the third handwritten

block down, you'll see that permanent residence address block

and it's identified as 32 North Rain Forest Court, The

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


41

Woodlands, Texas 77380.

Q. And are you familiar with that address, Mr. Stilwell?

A. I have been to that address, yes.

Q. And is that address inside or outside of the Road

Utility District?

A. That address is outside of the boundaries of The

Woodlands Road Utility District.

Q. Now, is there any requirement for the directors, the

Board in the RUD, to be residents of the District?

A. No. The Directors of the Road Utility District are

not required to live inside of the bounds of the District.

Q. I'm showing you the second application. Who is this

for?

A. That's also an application and it was made by -- for

the Road Utility District election and it was made by Richard

McDuffee.

Q. And what was the permanent residence address listed

by Mr. McDuffee?

A. He is listed in that same block that we were just

looking at, 27907 Hansons Court, Spring, Texas 77386, which is

in the Benders Landing or Benders Landing Estates area.

Q. And you're familiar with that residence as well?

A. I've also been to that house, yes.

Q. And that's inside or outside of the RUD?

A. That is outside of the boundaries of the Road Utility

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


42

District.

Q. And I'm showing you the third application in State's

Exhibit 2. Can you tell us the name of this applicant?

A. Yes. That is a third application for Director for

Woodlands Road Utility District and it was by Peter J.

Goeddertz.

Q. And his address was?

A. His address in the same block that we've been

referring to is 15910 Hartman Road, Magnolia, Texas 77355.

Magnolia area near Stagecoach.

Q. And is Magnolia anywhere near the RUD?

A. It is not inside the bounds of the Road Utility

District; and quite frankly, not anywhere near the Road Utility

District.

MR. WHITE: At this time, State offers State's 3

and 4, which are also certified records of the Road Utility

District. I'm going to tender these to counsel briefly.

A. And I guess I do have a brief clarification. Those

were --

MR. HEATH: Your Honor, I'm going to object to

that as being unresponsive.

THE COURT: Sustained.

Q. (BY MR. WHITE) Clarify for us, if you will, your

last line of thought.

A. Sure. Those were three of the directors that were --

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


43

three of the people that were running for director. There were

a total of six.

Q. And who were those other three?

A. The other three were ultimately my clients, Bill

Neill, Gene Miller, and Winton, goes by Buck, Davenport.

Q. And were they incumbent directors or were they also

first time candidates?

A. They were incumbents. The three applications that we

just looked at were first time candidates.

MR. WHITE: And the State is re-offering 3 and

4.

MR. HEATH: We have no objection, Your Honor.

THE COURT: State's Exhibits 3 and 4 are

admitted.

Q. (BY MR. WHITE) And, Mr. Stilwell, I'm showing you

certified election records from the May 8th, 2010 director

election. And could you tell me whether this election was held

on May 8th or some other date? Can you tell from this?

A. Yeah. That is -- and you'll see kind of on the top

middle of the form, this is the early voting roster and it was

for the May 8, 2010 election.

Q. And according to this form, how many people voted on

this day?

A. This was the early voting roster, so this was not the

voting on election day itself. But on the early voting roster,

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


44

there were two voters that cast early votes. And I know both

of those voters.

Q. Okay. And explain what this sheet is here, please.

A. Sure. This is the early vote tally sheet or the

summary of the early voting. And what you see listed is each

of the six directors that I had identified that were running

for office and the number of votes cast for each.

You'll see that two votes were cast for Winton

Davenport, Jr., who I said goes by the name Buck; Edward E.

Miller, who also goes by the name Gene. The E is for Eugene.

And he had received two votes. And the third director was Bill

A. Neill. Bill Neill had received two votes. Each of the

three challenger candidates had not received any votes in the

early voting.

Q. I'm going to show you State's Exhibit 4 now. And if

you could tell us what this combination form represents.

A. Sure. This was the voting sheet for the actual date

of the election. So not early voting, but election day. And

this was the combination form where you go in and sign in to

cast your vote.

And the upsidedown portion, because the judge

looks at it one direction and the voters look at it the other

way, you'll see ten voters all listing the address 9333 Six

Pines Drive as their addresses.

Q. And what I'm going to do, Mr. Stilwell, is kind of

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


45

flip that upsidedown for us so we'll look right side up and

zoom in a little bit.

A. Right. That's the ten addresses in a row all listing

that same address 9333 Six Pines at 77380 in The Woodlands.

Q. And if we move over here to signatures. Are you able

to make out or recognize any of these signatures, Mr. Stilwell?

A. Yes. I know each of the ten who voted there. Pete

Goeddertz is beside Number 1. Mr. Goeddertz is one of the

folks whose application that we looked at is one of the

candidates for office who didn't live inside the bounds of the

RUD.

The second was Roberta Cook.

The third is Sybil Doyle.

The fourth is Bill Berntsen. Bill Berntsen is

also one of the candidates whose application was looked at.

The fifth signature is very difficult to read.

And if you'll give me just a moment. That, I believe, -- I

believe that is Adrian Heath's signature.

The sixth is Robert Allison.

The seventh is Mr. Jenkins, Jim A. Jenkins.

The eight is Benjamin Allison.

The ninth is Thomas Curry.

And the tenth is Richard McDuffee.

Q. And the signature of Mr. Jenkins that you identified

on line 7, do you recognize the defendant in the courtroom

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


46

today as Mr. Jenkins?

A. Yes, I do. We've met before as well.

Q. And what does this tally sheet represent?

A. This tally sheet is the tally of the votes that were

cast on election day. It does not include the early votes that

we already looked at. And as you'll see, the ten voters who

voted at the 9333 address, whose signatures we were just

looking at, voted for Pete Goeddertz, Bill Berntsen, and

Richard McDuffee, the three challengers.

Q. And if I can zoom out properly. What is this form,

Mr. Stilwell?

A. This looks like the form that the Road Utility

District used to do the combined total vote between the early

voting tallies and the election day tallies. If you look on

the right-hand column you see the votes of ten-ten-and-ten from

the election day and the votes of two-two-and-two from the

early voting beside each of their respective candidates' names.

Q. Let's go to the residence, or the address I should

say, that the ten voters in this election voted from, 9333 Six

Pines. Are you familiar with that address, Mr. Stilwell?

A. Yes, I am.

Q. And what is -- what is located at that address, sir?

A. There is a hotel located at that address. It's, I

believe, the Residence Inn hotel.

Q. And I'm showing you what's marked at State's Exhibit

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


47

5. Do you recognize that photograph?

A. Yes, I do.

Q. And does this clearly and accurately represent the

material that's photographed inside of it?

A. Yes, it does.

MR. WHITE: At this time, Your Honor, the State

offers State's Exhibit 5.



Q. (BY MR. WHITE) And, Mr. Stilwell, is this a

photograph of the Residence Inn at 9333 Six Pines?

A. Yes, that is a photo of the Residence Inn Marriott at

9333 Six Pines Drive in The Woodlands.

Q. Now, in the course of your representation of the

three incumbent directors, did you have -- did you have a

chance to subpoena the records of the Residence Inn to examine

those?

A. Yes, I did.

MR. WHITE: At this time, the State offers

State's Exhibit 6.

MR. HEATH: Your Honor, we have no objection.

THE COURT: State's Exhibit 6 is admitted.

Q. (BY MR. WHITE) And do you recognize this document,

Mr. Stilwell?

A. Yes indeed. You'll note it has at the top the words

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


48

"subpoena" on it; and it was to the custodian of records for

the Residence Inn Marriott located at 9333 Six Pines Drive, the

same hotel that we're talking about. You'll see in the middle

of the block, it is subpoenaed by me with my law firm's name

and address on it. And the bottom of the page has a listing of

the specific documents that I was subpoenaing which -- would

you like me to read that?

Q. These names right here, Mr. Stilwell, are these the

ten voters that voted in the election?

A. Yes. And listed beside the ten voters were also

spouses' names for those whose spouses' names I could obtain.

Q. And what period of time were you requesting records

from the Marriott Residence Inn?

A. The records were requested shortly after --

MR. HEATH: Your Honor, I'm going to object.

The records will speak for themselves. They're dated. We

object to that question.

THE COURT: Overrule.

MR. HEATH: Irrelevant.

A. Shortly after the election was when I issued the

subpoena asking for the records. And I asked for all of the

records --


That's nonresponsive.


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


49

Q. (BY MR. WHITE) Which records did you ask for, Mr.

Stilwell, that period of time?

A. Sure. I asked for all of the records for

registrations at the hotel in the year 2010. So, that would

have been January, February, March, April, and May up to that

point.

Q. Okay. I'm going to show you the first page of those

records that were produced. Could you tell me what this

appears to be, Mr. Stilwell?

A. Sure. This was a registration by Mr. James Jenkins.

It has his business address listed on it. And that was a

registration showing an arrival on May 7, 2010, the day before

election day; and a departure on May 9, 2010, which was the day

after election day with election day being May 8th in between

the two.

Q. And what was the room charge for this room,

Mr. Stilwell?

A. The room charge was $119 for each night.

Q. And with taxes that total ended up being roughly how

much?

A. Looks like $268.94.

Q. And while we're on this document here, how many

guests does this indicate were registered for this room?

A. I think on this document it only identifies one guest

as registered for this room.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


50

Q. All right. I'm going to show you a second page here

which appears to be the notes that were added to the account

here.

What does this indicate here in the note area?

A. Right. In the note area at the bottom, although

there was only one guest registered, apparently the personnel

at the hotel identified that there would be one, two, three,

four other people in the room: Adrian Heath, Tom Curry,

Mr. Goeddertz, and Mr. McDuffee.

Q. And yet right here, how many adults are indicated in

this room?

A. It's indicated as one.

Q. And do you recognize the individual on this guest

folio?

A. Sure. This is a registration record for Mr. Thomas

Curry or Tom Curry. You'll again see it has an arrival date of

May 7th and a departure date on this one of May 8th, which was

the day of the election. And so, it was for a single room

night, the night before the election with the room charge of

$119 or with tax $134.47.

Q. And how many guests were registered to this room, Mr.

Stilwell?

A. I think one guest.

Q. And what is this guest registration for?

A. This was also a registration for Tom Curry. As

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


51

you'll recall, I subpoenaed all of the 2010 registrations for

the individuals who voted in the election on election day. And

there was one additional registration for Mr. Tom Curry; and it

was a registration for April 30, 2010, with a departure of May

1. So again, a single room night, same charge.

Q. And same number of guests?

A. One guest.

Q. And this is the final document of the batch. Whom

was this room registered to, Mr. Stilwell?

A. This was Benjamin Allison and that was also one of

the people that voted on that election day. You'll see the

13993 Boyd Lane address. It was a registration after the

election for May 14, 2010, with a departure of May 15, 2010.

And it had a higher charge of $199 plus various taxes for a

total of $224, and I think that's $0.37.

Q. How many guests are indicated on this?

A. Two guests indicated.

Q. Were there two voters with the last name Allison?

A. Yes. There were brothers.

Q. And their names were Benjamin and who?

A. I believe it was Robert Allison.

Q. Thank you. In regards to this date

May 14th/May 15th, this is the only date, is it not, in this

series that was post-election day?

A. That's correct. Each of the other records that we

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


52

looked at for hotel stays were the night before or the night

after the election. This was several days after the election.

Mr. Curry also had a stay at the very end of April before the

election.

Q. Were you -- are you aware of any significance to this

date of May 14th/15th?

MR. HEATH: Objection, Your Honor. Relevance.

THE COURT: Response?

MR. WHITE: Your Honor, it's relevant to the

motivation of these individuals to rent this hotel room on this

occasion.

MR. HEATH: Your Honor, that calls for his

speculation of the emotional or mental state of another

individual and we object.

THE COURT: Okay. Do you know the answer to

that question, sir, without being speculative?

THE WITNESS: Yes. I know the significance of

May 14th.

MR. HEATH: No. He knows -- it's what he knows.

I'm talking about what my client knows or knew. And I'm going

to urge and object that that is him speculating on what's going

on in another person's mind.

THE COURT: Okay. I'm going to sustain the

objection but you can rephrase the objection. I think as you

couch it in -- in the way you did, you know, let's just go on

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


53

what the facts are as the witness tells them.

MR. WHITE: Yes, Your Honor.

Q. (BY MR. WHITE) On May 14th/May 15th in that range of

time, what was happening with regard to The Woodlands Road

Utility District election that you were personally aware of?

A. That date is on or around the time period that the

lawsuit was filed challenging the votes of the ten voters at

the 9333 Six Pines address.

MR. WHITE: And so I'm not hoarding these

exhibits, Your Honor, I'm going to start placing them with the

court reporter.


Q. (BY MR. WHITE) And Mr. Curry, who we saw on a couple

of those guest folios, I think is what they may call them,

registration forms, do you know whether or not he's married?

A. My recollection is that he was at that time. Today,

I don't know.

Q. Okay. And the room -- and on May 7th and 8th, was he

on the notes to -- room reserved by the defendant, Mr. Jenkins,

as one of the four occupants of that room?

A. Yes, he was -- there were four people listed in

addition to Mr. Jenkins.

Q. In addition to Mr. Jenkins.

Do you happen to know the room

occupancy/capacity at the Residence Inn?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


54

A. I do not know. I know that they have a significant

number of hotel rooms. They certainly have more than two hotel

rooms.

Q. Did you have a chance to obtain records from

Montgomery County Elections Department?

A. I did.

Q. And did you obtain records regarding the voter

registration changes by these ten voters?

A. I did.

MR. WHITE: At this time, Your Honor, the State

will offer State's 7, which are certified election records for

Montgomery County Elections.

MR. HEATH: No objections, Your Honor.

THE COURT: Admitted.

Q. (BY MR. WHITE) I'm going to show the first

application on the overhead.

Do you recognize this form, Mr. Stilwell? Let

me get it in focus for you first. Do you recognize this form?

A. I do recognize that form, yes.

Q. And what is the purpose of this document, if you

know?

A. Yes. This is the Texas Voter's Registration

Application, specifically the one that James Alan Jenkins, he

goes by Jim, signed on or around April 5, 2010.

Q. And what is the residence address listed for

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


55

Mr. Jenkins on this form?

A. He swore on that address that he resided at 9333 Six

Pines Drive, The Woodlands 77380.

Q. And what is the mailing address that he listed on

this form?

A. The mailing address he listed was 16 Pastoral Pond

Circle in The Woodlands 77380.

Q. And have we seen that address earlier? Did we

discuss that address earlier today?

A. I don't know if we discussed that one.

Q. Okay.

A. I have been to that address as well.

Q. I want to focus in on section nine down here and let

me zoom in so we can read it. And can you read that even

though it has a stamp over that partially?

A. Yes. It says: I understand that giving false

information to procure a voter registration is perjury and a

crime under state and federal law. Conviction of this crime

may result in imprisonment up to 180 days, a fine up to $2,000,

or both. Please read all three statements to affirm before

signing.

And then has one, two, three statements with

bullet points.

Q. And according to the records that we just reviewed,

that you received from the Residence Inn, had Mr. Jenkins been

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


56

a guest at the hotel a single night prior to the application

that you filed here on April 5th of 2010?

A. His signature of April 5, 2010, on that document, he

had not stayed one single night at The Woodlands Residence Inn

hotel in the year 2010 as of the date that he signed that

document saying it was his residence.

Q. Document number two here, if I could zoom out inside

of in, is this is same voter registration application form

basically as we saw before?

A. Yes. It is a similar form but this form was Adrian

Heath's voter's registration application.

Q. And what address did Mr. Heath swear to as his

residence address?

A. He swore his residence address was 9333 Six Pines

Drive, The Woodlands Residence Inn Marriott. And he swore that

on March 5, 2010.

Q. And according to the records that we received that

are in evidence today, did Adrian Heath stay a single night or

book a room a single night at the Residence Inn prior to

swearing that this was his address?

A. As of the date that he swore that was his residence,

he had not stayed one single night the hotel in 2010.

Q. Who is the individual on this next registration

application, please?

A. This is Thomas Curry's voter registration

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


57

application.

Q. Is it indeed for the same address that we've been

talking about, 9333 Six Pines?

A. It is and dated April 1, 2010, or April Fools' Day.

Q. And I see he has listed a PO box number for his

mailing address; is that correct?

A. He did list a mailing address of a PO box number.

Q. And as of April 1 of 2010, according to the records

that we have from the Marriott Residence Inn, had Mr. Curry

stayed a single night?

A. As of April 1, 2010, the date that he signed and

swore to this voter's registration application, he had not been

a guest or stayed a single night at the Residence Inn Marriott

in 2010.

Q. And I'm showing you the registration application for

Mr. Bill Berntsen. Same residence address sworn to?

A. He swore to the same residence address, the 9333 Six

Pines Drive, The Woodlands, which was, of course, different

than the permanent address that he put on his director

application form that we looked at a while ago.

Q. And is that the same address listed here in the

mailing address of this form?

A. Yes. On his director application, he listed 32 North

Rain Forest Court, the mailing address he listed on his voter's

registration form.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


58

Q. And as of, again, April 1 of 2010, did Bill Berntsen

stay one night in the Residence Inn according to guest records?

A. As of April Fools' Day or April 1, 2010, Mr. Berntsen

had not been a guest a single night at the Residence Inn hotel

at 9333 Six Pines Drive in The Woodlands based on the 2010

subpoenaed records.

Q. Showing you the application of Pete Goeddertz. Was

this also one of the directors that applied for it -- to be a

candidate for the directors' election?

A. Yes. Mr. Berntsen, Mr. Goeddertz, and Mr. McDuffee

were the candidates.

Q. And do you recall the address that Mr. Goeddertz

listed on his application for candidacy as his permanent

resident address?

A. I believe he listed the 15910 Hartman Road, the same

address as the mailing address on this voter's registration

application, as well as his permanent residence address.

Q. Thank you. Did he indeed swear to the same address,

9333 Six Pines Drive on March 31st of 2010?

A. Yes. He -- on this voter's registration application

form, he swore he resided at 9333 Six Pines Drive, the

Residence Inn hotel.

Q. Had he been a guest at the Residence Inn at the time

that he swore to this address?

A. Absolutely not.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


59

Q. And I'm showing you the registration application of

Mr. Richard McDuffee who, if I'm correct, was the third

candidate for director; is that right?

A. That is correct.

Q. And is this 27907 Hanson Court the address he listed

as his permanent resident address on that application?

A. On the directors' application, yes, he listed that

Hanson Court address as his permanent address.

Q. However, on this application is that address indeed

listed as his mailing address and his residence address

something different?

A. That is correct. He listed on his voter's

application, he swore his residence address was 9333 Six Pines

Drive.

Q. And as of April 5, 2010, when he swore to this

residence address, had he stayed a night in the Marriott

Residence Inn?

A. He had not stayed one single night in that hotel in

2010 as of that date.

Q. Showing you Sybil Doyle's application. Same thing,

9333 Six Pines?

A. Yes, correct. Also on April Fools' in 2010.

Q. Had she stayed a night on April -- by April Fools'

2010, had she stayed a night at the hotel?

A. No. As of that date and throughout 2010, including

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


60

all of the records for the Residence Inn Marriott, she did not

stay one single night at that address that she swore was her

residence.

Q. This individual, Roberta Cook, is there a relation

that you're aware of between Ms. Doyle and Ms. Cook?

A. I do not know.

Q. Okay. And the residence address listed for Roberta

Cook, same thing, was it the Marriott Residence Inn?

A. Correct. That 9333 Six Pines Drive address, the

hotel.

Q. And as of April 7th when she swore to this

information, had she ever been a guest of the Residence Inn in

2010?

A. No. And, in fact, under the records that we looked

at --


It's nonresponsive.

THE COURT: Sustained. You can ask your next

question.

Q. (BY MR. WHITE) We'll move on to the final two forms,

the Allison brothers. This is Benjamin Allison and Robert

Allison. Both listing their residence address as 9333 Six

Pines; is that correct?

A. Correct.

Q. Their mailing address 14993 Boyd Lane in Conroe; is

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


61

that correct?

A. Correct.

Q. And as of April 6th, for both of these brothers, had

either one been a guest at the Residence Inn?

A. No, they had not.

MR. WHITE: Your Honor, I have a series of

exhibits that are coming in that are --

THE COURT: Let's take a break. All right.

We'll take a break of about ten minutes.

Ladies and gentlemen, just follow the bailiff

and he will escort you and advise you on whatever you need.

Thank you very much.


(SHORT BREAK TAKEN; JURY NOT PRESENT)

THE COURT: Are we ready?


THE COURT: Mr. Heath has his hands raised.

MR. HEATH: Well, I observed some of the

exhibits that they are proposing to get in.

THE COURT: Be seated.

MR. HEATH: I intend to object to quite a few of

them.

Here we have warranty deeds.

THE COURT: What number is that exhibit?

MR. HEATH: 8.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


62

MR. WHITE: 8 through 16, Your Honor.

THE COURT: 8 through 16.

MR. HEATH: I'm going to object to the admission

of 8, 10, 11, 12, 13, 14, 15, and 16 of -- I'm not objecting to

9. 9 are the actual deed and real estate records for my

client. 8, 10, 11, 12 through 16, all of those, are for the

other individuals involved in this election. And I will -- I

would say that they are not material and they are not relevant

to my client's actions to date. And we would say that they are

not relevant. I would also urge that the Court remember that

the State has not alleged a conspiracy paragraph in their

indictment; therefore, we would object to the inclusion of this

evidence.

And I've also been proffered State's Exhibits --

do you know which numbers these are?

MR. WHITE: Number 17 for color. And the white

one has not been marked.

MR. HEATH: These are maps -- just to try to get

the Judge up to speed.

These are maps of The Woodlands and the location

of the various residences that the State is alleging the ten

individuals lived at. I would ask that all of the individual

residences be redacted and locations stated except my client's.

Because it's the only thing that's really relevant in this

case.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


63

Can you see what they have done? They have

listed addresses and then they listed locations of the

addresses.

THE COURT: Those addresses came from an exhibit

that's already been admitted?

MR. WHITE: Yes, Your Honor. And by the time --

yeah. All of these addresses certainly will be covered by the

time that -- I think all of them may be covered now, but all be

covered by the time that those will be offered.

THE COURT: Go ahead, Mr. Heath.

MR. HEATH: Well, it's not relevant to my

client's actions.

THE COURT: All right. And what exhibit is

that?

MR. HEATH: 17 and 18; is that right?

MR. WHITE: Just 17 for the color. And the

white map has not been marked yet.

MR. HEATH: All right. I'm just assuming that's

going to be 18. Is that a --

MR. WHITE: No, it's not going to be 18. It's

pretty much the same map as the other so I don't know that I

need to do both. I may just offer the aerial map.

THE COURT: 17?

MR. WHITE: Number 17.

THE COURT: All right. Why don't we just deal

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


64

with 17. He's going to intend to offer that for sure. The

other one, he sounds like he might not. We can deal with that

when he elects to offer if he does.

All right. The objections are made. Any

response from the State?

MR. WHITE: Yes, Your Honor. As to State's

Exhibits 8 through 16, these pertain -- these are certified

deed records for properties of the individuals, the ten voters,

that conspired together with Mr. Jenkins in this scheme to vote

in the election. And the conspiracy, Your Honor, does not have

to be a criminal act.

The conspiracy in this case was to take over the

board of the Road Utility District. And it was not a one-man

job. One man cannot be separated from this scheme. It was a

scheme of ten voters to take over the RUD; and they did so by

changing the registration addresses to the same exact location

in the same period of time to vote on the same day to swing the

election.

And their -- these exhibits are just further

proof, and there's plenty of proof already in the record, to

prove that this conspiracy exists and the purpose of it.

State's 7, that's already in evidence, includes

all of these people and ties that together.

And, therefore, Your Honor, these exhibits

should all be admissible. And State's 17 will just be a

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


65

visible representation of that data.

THE COURT: Okay. And, again, 8 through 16 are

representing what now?

MR. WHITE: These are deed records, certified

deed records, of the properties where these individuals reside.

MR. HEATH: We're not objecting to 9. That's my

client's property. We're objecting to everybody else's deed

records.

THE COURT: Okay. Your objection is noted on 8,

10, 11, 12, 13, 14, 15, 16, and 17. Overrule. As I

understand, the argument that the State is making is that this

is part of representation of a scheme that the defendant is

involved in which goes to the motive of why he acted in the way

he did which ultimately resulted in the grand jury indictment.

I find that such evidence is relevant and is not

outweighed by the danger of unfair prejudice or other reasons

that would make this evidence inadmissible under Rule 403 of

the Texas Rules of Evidence.

Anything else?

MR. HEATH: That's all we have at this time.

THE COURT: Thank you. Bring the jury in,

please.

(JURY PRESENT)

THE COURT: All right. We are ready to proceed.

Q. (BY MR. WHITE) Mr. Stilwell, did you have a chance

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


66

to obtain the deed records for the ten voters in this scheme?

A. Yes, I did.

MR. HEATH: Oh, Your Honor, may I --

THE COURT: Yes, sir?

MR. HEATH: May I re-approach on some of these

exhibits? I'm sorry. There was one other issue.


MR. HEATH: There's a deed record on the

appearance of the Allison brothers.

THE COURT: What is that referred to? As

Exhibit what?

MR. HEATH: I think it's State's 16.

THE COURT: Okay.

MR. HEATH: It is not the real estate deed

records of either of the co-conspirators. It is their parents'

deed records.

THE COURT: And your objection is irrelevant?

MR. HEATH: Yes.


MR. WHITE: What I intend to do is lay a

predicate that if the witness knows if the boys lived with the

parents, that these are the parents, and offer it for what --

THE COURT: Does the witness know?

MR. WHITE: I'll find out before I offer it.

THE COURT: Okay. Before you offer it?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


67

MR. WHITE: Yes. And I'll offer the others

together and keep this one separate.

THE COURT: Okay.



MR. WHITE: At this time, the State offers

State's 8 through 15, which are certified deed records.

MR. HEATH: Your Honor, we have already lodged

our objections to their admission.

THE COURT: And those exhibits are admitted and

the Court's made its rulings.


MR. WHITE: If I could approach the witness,

Your Honor?

THE COURT: Yes, sir.

Q. (BY MR. WHITE) Mr. Stilwell, could you tell us which

voters these deeds pertain to?

THE COURT: If you would be so kind to, when

referring to those exhibits for the record and for the jury's

understanding --

MR. WHITE: I will, Your Honor.

THE COURT: -- please make sure that you refer

to those as the exhibits numbers. Thank you.

THE WITNESS: I will.

A. State's Exhibit Number 8 is the deed records for

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


68

Adrian Heath and his wife, Kandy Heath.

Q. (BY MR. WHITE) And before we go on, does -- the

property listed on this deed, does it match the records that

we've previously seen?

A. Yes, it does.

Q. And what address is that or where is this property

located?

A. Adrian Heath's is the 43 West Stony Bridge Court.

It's the deed records for that property.

Q. And attached to that document is there also another

document having to do with the voluntary designation of

homestead?

A. Yes, there is a designation of homestead for

Mr. Heath at that address.

Q. And what is State's Exhibit 9, please?

A. State's Exhibit Number 9 is deed and homestead

designation records for Jim Jenkins or James Alan Jenkins and

his wife at 16 Pastoral Pond in The Woodlands, Texas.

Q. And as to State's 10, please.

A. State's Exhibit 10 is a deed record for Thomas Curry

at his Stonecrest address.

Q. And is that in Conroe?

A. It has a Conroe address, yes.

Q. And State's 11, is that for William Berntsen?

A. State's 11 is deed records for Mr. William Berntsen.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


69

Q. And is there an address on that deed record?

A. Yes. It's the 32 North Rain Forest Court address.

Q. Okay. And what is State's 12, please?

A. State's 12 is the deed records for Mr. Peter J.

Goeddertz.

Q. And what is the address for Mr. Goeddertz?

A. Let me see if it references it by common name. The

deed record for Mr. Goeddertz only has the metes and bounds

summary. But I investigated that and found that to be one in

the same address as his address in Magnolia near Stagecoach.

Q. And State's Exhibit 13, is that for Richard McDuffee?

A. Yes. This is a warranty deed for Richard McDuffee

and his wife.

Q. And is that at the same address listed on -- as his

permanent residence address on his application for candidacy as

well as his mailing address for his voter registration

application?

A. Yes.

Q. Do you have a record on State's Exhibit 14 for Sybil

Doyle?

A. State's Exhibit 14 is the property records for the

Doyle's, yes.

Q. And does that document indicate that she owned the

property at the same address that she listed as her mailing

address on her voter registration application?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


70

A. Yes, it does.

Q. What is State's 15, please?

A. I don't have State's 15.

Q. Okay. I've got 16, but that won't help us.

MR. HEATH: Oh, I know where it is.

Q. (BY MR. WHITE) Got a copy of State's 15. Could you

tell us what this document is, please, sir?

A. Yes. This is the real property record for Ms. Cook,

Roberta Cook.

Q. And does that address match the mailing address

listed on her voter registration application?

A. Yes. This is the 607 Sycamore Drive address that

matches, correct.

Q. In regards to Benjamin and Robert Allison, the

brothers, do you -- are you aware of where they lived?

A. Yes. The address that they listed on their voter's

registration as their mailing address was their parents' home,

Peter Allison.

Q. And I'm showing you State's Exhibit 16. Is that, in

fact, the deed to the home of Mr. Peter Allison?

MR. HEATH: Your Honor, may I take him on voir

dire with respect to the admissibility?

THE COURT: Sure.

Ladies and gentlemen, voir dire has a term of

use other than picking a jury. When the Court allows an

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


71

attorney a brief period of time to question a witness out of

order for the purposes of determining the admissibility of an

item, we call that voir dire as well. And that's what I am

allowing here.

Go ahead.

VOIR DIRE EXAMINATION

BY MR. HEATH:

Q. Mr. Stilwell, you've indicated they listed the

Allison brothers -- listed that address as their mailing

address?

A. On their voter's registration application.

Q. On their voter's registration application. Did it --

does that in any way reflect where they were actually, in your

opinion, living?

A. The voter's registration application address said

that was their mailing address. I've had other investigation

that said that that was their residence.

Q. All right. So, your testimony is that someone else

told you that it was their residence?

A. No.

MR. HEATH: Your Honor, we would renew our

objection.


MR. WHITE: And the exhibit has been offered

into evidence as State's 16.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


72

THE COURT: And it's admitted if it hadn't been

admitted before.

MR. WHITE: Thank you.

MR. HEATH: And we would renew our objection.

THE COURT: Noted. Overrule. And State's

Exhibit 16 is admitted.

CONTINUING DIRECT EXAMINATION

BY MR. WHITE:

Q. And the Boyd Lane address in Conroe, do you recall if

we saw that address on the Marriott Residence Inn records for

Benjamin Allison?

A. Yes, you did. Yes, we did.

Q. Now, in your experience with this case, did you, in

fact, create a map that shows the borders of The Woodlands Road

Utility District and on that same map, plots the addresses that

we just discussed of the ten voters?

A. Yes, I caused that to be made.

Q. And do you think that would be helpful to the jury as

a demonstration to show these addresses outside of the Road

Utility District?

A. Montgomery County is a big place and whenever you're

talking about geography, I find a map to be helpful. Yes, I

think it would be helpful.


State's 17.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


73

MR. HEATH: Your Honor, we will renew our

previously lodged objections.

THE COURT: Overruled. State's Exhibit 17 is

admitted.

MR. WHITE: And with permission, the State would

like to --

Q. (BY MR. WHITE) First off, Mr. Stilwell, is this

large map board back here an exact duplicate, if you will, of

State's 17 but in larger format?

A. Yes.

MR. WHITE: At this time, the State would

request to publish this enlargement of State's 17.

THE COURT: All right. Allowed. Publish.

I notice you have an exhibit sticker up there.

What is that representing?

MR. WHITE: This is an exhibit sticker from a

prior hearing. And State can cover that up and indicate that

this is a copy, an enlargement of 17, if necessary, or just

redact it back.

THE COURT: You're not moving to admit that?

MR. WHITE: No, Your Honor, we're not.

THE COURT: All right. All right.

Q. (BY MR. WHITE) And, Mr. Stilwell, if you could

please identify for us -- again, just point out the boundaries.

MR. WHITE: In fact, would it be possible for

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


74

the witness to step down and address the enlargement over here?

THE COURT: Sure.

THE WITNESS: It would be easier if I approach

the exhibit. Thank you.


Mr. Heath, whatever you need to move to make

sure you hear and see.

MR. HEATH: Thank you.

Q. (BY MR. WHITE) If you would point out to us, if you

will, the boundaries of the Road Utility District as they

correspond to the official boundary map as you explained

earlier just briefly and then the relation of the addresses

that we've covered to the points on the map, please.

A. Yes. You'll see from the legend on the bottom of the

map that the Road Utility District is designated in a like

beige or kind of coffee-with-cream color.

The Road Utility District as I indicated:

Woodlands Town Center near The Woodlands Mall area; I-45 coming

up from Woodlands to Conroe. So, the Road Utility District is

this area in beige. Woodlands Parkway all the way out to FM

2978; Lake Woodlands Drive along here to Kuykendahl Road.

Research Forest Drive going up; and then Kuykendahl Road out to

FM 1488. And this being State Highway 242 and the commercial

properties that I identified previously.

So that beige color is the Road Utility

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


75

District.

And the address points that you asked about, and

best take them in alphabetical order, the deed records that

were admitted and the voter's registration addresses that we --


the narrative portion of this answer.

THE COURT: Sustained. Ask your next question.

Q. (BY MR. WHITE) Please link us between the addresses,

that we've already covered there, and those points on the map

in their relation to the RUD. Tell us whether they're inside

or outside.

A. Point A was Sybil Doyle's home located on the

eastside of I-45 near the Harper's Landing area but outside of

the bounds of The Woodlands and outside the bounds of the Road

Utility District.

Point B is Mr. Goeddertz. And here we go all

the way out. It's near Stagecoach. It's just outside of the

bounds of Stagecoach but it's technically inside of the

jurisdiction of Magnolia. But that address of Mr. Goeddertz is

clearly not anywhere near the bounds of the Road Utility

District.

Point C is Adrian Heath's home. Now, you'll see

his is between two roads that are in the bounds, but his home

is not in the bounds of the district. That is the home at 43

West Stony Bridge Court. So, he's located in The Woodlands,

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


76

but outside the bounds of the district.

Point D is Mr. Jenkins' home. Jim Jenkins' home

is inside of the bounds of The Woodlands in the Grogan's Point

area, 16 Pastoral Pond Circle. So, inside The Woodlands, but

outside the bounds of the Road Utility District.

E is Ms. Roberta Cook. Ms. Roberta Cook is up

along I-45 near the River Plantation area. She's not actually

in the River Plantation subdivision. But, again, that's her

home and it is outside of the bounds of the Road Utility

District.

Point F is Richard McDuffee. Richard McDuffee

is out in the Benders Landing area. This is his home here. It

is clearly outside the bounds of The Woodlands Road Utility

District.

Point G is Tom Curry. Tom Curry is in

Stonecrest Ranch on Stonecrest Lane out on State Highway 242

heading towards the east portion of the county. And, again,

clearly outside of the bounds of the Road Utility District.

Point H is Bill Berntsen. Bill Berntsen is

found here along the North Rain Forest Court. He is inside of

the bounds of The Woodlands, but outside of the bounds of the


Point I was Benjamin and Robert Allison's home

address. Their parents' home, Peter Allison, way up here near

Cut and Shoot, east of where we are now and east of Conroe.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


77

And, again, clearly outside the bounds of the Road Utility

District.

Q. And that's all I have for the map. Appreciate that.

MR. HEATH: Since the map is not an exhibit,

we're not going to ask anymore questions from it?

MR. WHITE: Actually, I do have one more issue.

I'm sorry to have you stand up again.

Q. (BY MR. WHITE) Does this map also depict the

Residence Inn at 9333 Six Pines?

A. Yes. I should have pointed that out as well. I'm

sorry. You'll see a red dot, you know, just past where Market

Street is located in The Woodlands. Fairly near The Woodlands

Mall is Six Pines Drive. And the red dot here inside of the

bounds of the Road Utility District is 9333 Six Pines Drive,

the Residence Inn hotel.

Q. Thank you, Mr. Stilwell.

Did you have an occasion, Mr. Stilwell, to

personally visit all of these locations?

A. Yes, I did.

Q. And what was that opportunity?

A. As part of the case that I was involved in for my

client, the incumbent directors, in gathering evidence, I was

allowed to visit and photograph each of the respective

addresses that we went over.

Q. And did you visit Jim Jenkins' property at 16

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


78

Pastoral Pond Circle in The Woodlands?

A. Yes.

Q. I'm showing you what's been marked as State's

Exhibit 21. If you could review those briefly.

A. I've done so.

Q. And do you recognize those photographs?

A. Yes. I took those photographs.

Q. Do you recall the approximate date when you took

those photos?

A. It was after the election and before the start of our

civil matter at the begin of June. So, it was inside of the

month of May 2010.

Q. And that was then just after the -- how long after

the election was that?

A. It was within a very short period of time after the

election, a week or two. Probably two.

Q. And who all was with you for the taking of these

photographs?

A. Different people did come to different addresses that

were involved in the case. But at every address, an attorney

for Mr. Jenkins and the other voters were present.

Q. And does this packet of photos that you took fairly

and accurately depict what you saw that day in his home?

A. Yes, it does. And I will give you just one

exception. The very first photograph isn't a photograph of the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


79

home, it was a photograph of a legal pad that I was identifying

which home it was I was taking the photos of.

Q. All right. And while we're at it for the sake of

efficiency, I'm going to show you State's 22 through 28.

MR. HEATH: Your Honor, we have no objection to

their admission.

THE COURT: They're admitted.

Q. (BY MR. WHITE) What we have offered for the record,

State's Exhibits 2- -- Exhibit 21 is -- are the photographs

from whose home, Mr. Stilwell?

A. From Mr. Jim Jenkins, James Jenkins' home.

Q. And State's Exhibit 22 are photos from what person

and what address?

A. Mr. Curry at 13238 Stonecrest Lane.

Q. And State's Exhibit is whom, please?

A. 23 is Bill Berntsen, 32 North Rain Forest Court.

Q. And 24 is what person/what address?

A. Mr. Goeddertz at 15910 Hartman Road.

Q. Okay. 25, for the record, is skipped.

26 is whom and what address?

A. Sybil Doyle at 16728 Bending Oaks.

Q. And 27?

A. Roberta Cook at 607 Sycamore.

Q. And 28, please?

A. Benjamin Allison/Robert Allison at 14993 Boyd Lane,

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


80

Conroe.

Q. With regard to State's 21, the home of -- property of

Jim Jenkins, the defendant, did you note the size of this home?

A. Yes, it was a fairly large home. Two-story.

Q. Was it a fairly nice home?

A. Yes.

Q. And in this home, did you find the items that you

would normally find in a home that's been lived in?

A. Yes.

Q. Did you find food in the pantry?

A. That's what the top photograph reflects.

Q. Did you find beds with linens?

A. Absolutely.

Q. Did you find bathrooms with toiletries?

A. Yes, I did.

Q. What did you find with regards to clothing?

A. There was clothing in the closets.

Q. Did you find personal items such as photographs and

things of that nature?

A. Yes, that's what the top pictures reflects was family

photographs that were out on a display.

Q. How about the contents of the garage? What did you

find in there?

A. Yes. The garage had items in it that you would

expect to find in a garage, like bicycles or athletic equipment

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


81

or other things of that nature. That's what the top photograph

shows.

Q. And with regards to the homes of Thomas Curry, Bill

Berntsen, Pete Goeddertz, Sybil Doyle, Roberta Cook, the

Allison boys, did you also find items that would be normal for

any home that was lived in?

A. Yes, I did.

Q. Did you have an opportunity, Mr. Stilwell, to obtain

records from the Montgomery County Appraisal District?

A. I did.

Q. And in those records, did you acquire homestead

exemption forms for the addresses that we've been talking about

today?

A. I believe I was able to obtain some.

MR. WHITE: The State offers State's 18,

certified records of the Montgomery County Appraisal District.

MR. HEATH: We have no objection to their

admission, Your Honor.


Q. (BY MR. WHITE) Showing you State's 18. Tell us what

this form is, please.

A. Sure. This is the -- well, this is the application

for essential homestead exemption of the Doyle's -- sorry about

that guys -- including Sybil Doyle, the voter that we have been

talking about.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


82

Q. And want to highlight a section down here at the

bottom. This isn't the best copy. But when a person signs

this form, they're making a certain representation; is that

true?

A. Yes, the facts on the application are true and

correct.

Q. And, specifically, it says: "By signing this

application, you state that you are qualified for the

exemptions checked above. You state that the facts in this

application are true and correct. You also state that you do

not claim an exemption on another residence homestead. You

must notify the chief appraiser if and when your right to the

exemption end. You swear or affirm that you have read and

understand the penalty for filing a false statement."

Is that correct under step 6?

A. It does indeed say that.

Q. And then at the very bottom, it reads: "If you make

a false statement on this application, you could be found

guilty of a Class A misdemeanor or a state jail felony under

Texas Penal Code Section 37.10; is that correct?

A. That's correct.

Q. And moving on to the second document here, we have a

residential homestead exemption for Mr. Pete Goeddertz; is that

correct?

A. Can you zoom out a little bit for me?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


83

Q. Yes, sir.

A. Yes. That is what that is.

Q. And this 15910 Hartman Road in Magnolia, is that the

same address that we've been looking at on all these forms and

that you highlighted on the map to the jury?

A. Yes, it is.

Q. Whose homestead exemption application is this, sir?

A. This is the Jenkins' homestead exemption application.

Q. And this is for what address?

A. The 16 Pastoral Pond address that we've been

discussing.

Q. And it's signed here by Mr. Jenkins and his wife?

A. It is.

Q. And is this the exemption form for Roberta Cook on

Sycamore?

A. Yes, it is.

Q. Also signed here by Ms. Cook here at the bottom?

A. Yes, it is.

Q. And is this one for Rick McDuffee and wife?

A. I'm sorry. Can you zoom out just a touch? There it

is. Yes.

Q. And this one is on Nancy Lane in Conroe; is that

correct?

A. That is for Nancy Lane, yes. But if you'll notice

that it is -- he --

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


84

MR. HEATH: Your Honor, I object to the --


MR. HEATH: -- unresponsiveness.


Q. (BY MR. WHITE) And, Mr. Stilwell, this is some

additional detail about this property in the Benders Landing

Estate. Can you explain that to us and legal description.

A. Sure. The address where you see the red highlight

was the address that he was putting down, but it was not the

address that he was seeking the exemption for. The address he

was seeking the exemption for was the Benders Landing Estate

property that we've been discussing.

Q. And that is also signed here at the bottom by

Mr. McDuffee?

A. It is.

Q. Is this the homestead exemption for Mr. Tom Curry?

A. Yes, it is.

Q. And the property described as Stonecrest Ranch 01,

Block 1, Lot 43, do you recognize that as the property that you

showed the jury on the map earlier?

A. Yes. That's the same address we were talking about

in Stonecrest Ranch on Stonecrest Lane.

Q. And is this the homestead exemption for Adrian Heath

and wife?

A. Yes, it is.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


85

Q. At the same address that you showed the jury on the

map earlier?

A. Yes.

Q. Sworn to by Mr. Heath at the bottom of the form?

A. Yes.

Q. And an exemption for Bill Berntsen on Rain Forest

Court; is that correct?

A. Yes, that's correct.

Q. Also sworn to?

A. Yes.

Q. And finally, a homestead exemption for Peter Allison

who you testified was the father of Benjamin and Robert

Allison; is that correct?

A. That is correct.

Q. This is the 14993 Boyd Lane address in Conroe, Texas;

is that correct?

A. Yes, it is.

Q. And at the time of your civil matter involving this

election, according to Montgomery County Appraisal District

records, were all of these homesteads still in effect at the

time?

A. Yes.

Q. Mr. Jenkins, on his exemption, did you happen to

notice, I'll put it back up for you, when his homestead was

applied for?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


86

A. It was a long time ago. I want to say -- well, I

could look on the document. It looks like it says 1993.

Q. And so that homestead exemption had been in place for

how many years, if you can do the math for us, at the time of

this election?

A. As of the 2010 election, that would be 17 years.

Q. Mr. Stilwell, at the civil trial, did you have an

opportunity to examine Mr. Jenkins on the witness stand?

A. Yes. I was the attorney that questioned him at the

civil trial.

Q. And did he in fact admit to having a --


any -- to this line of questioning. It is improper.

THE COURT: Overrule. Anything else?

MR. HEATH: That's it.

THE COURT: Any other objection? Just improper?

MR. HEATH: Well, he is not -- it is an attempt

to impeach Mr. Jenkins before he's even testified. It's an

improper manner of raising this type of evidence. Our position

would be, it would be -- they can utilize it for impeachment

purposes only.

THE COURT: Anything else to add?

MR. HEATH: And because of the nature of that

trial, there was a different burden of proof; and, therefore, I

believe it would be improper to go into it.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


87


Q. (BY MR. WHITE) Mr. Stilwell, did Mr. Jenkins at that

trial --

MR. HEATH: I'm going to object to the leading

nature of the question. He can ask him what he testified to.

THE COURT: All right. Overrule. Let's let him

ask the question. At the end of the question, you can object

to it. Let him ask the whole question.

Go ahead.

Q. (BY MR. WHITE) Mr. Stilwell, did you question

Mr. Jenkins regarding his homestead exemption?

A. Yes, I did.

Q. And what was his response?

A. His response was that he had had his homestead

exemption on that 16 Pastoral Pond residence since the date of

the application and continuing through the civil trial.

Q. And did he indicate whether he had changed it at any

point since then at that time?

A. He had never withdrawn it.

Q. Did you ask him whether or not he --

MR. HEATH: Objection. Leading.

THE COURT: Overrule. Let him ask the question

and then you can raise the objection at the conclusion of the

-- at the end of the question.

Go ahead.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


88

Q. (BY MR. WHITE) Did you ask him, Mr. Stilwell, about

his voter registration card?

A. I did.

MR. HEATH: Once again, I'm going to object to

him leading.


A. I did ask him about his voter registration card.

Q. (BY MR. WHITE) And did you ask him about the date --


the leading nature of the question.

THE COURT: Overrule. It's calling for a "yes"

or "no" answer. He's not suggesting the answer, which is the

test for leading.

Ask your question.

Q. (BY MR. WHITE) Did you ask him about the date on

that card?

A. I did ask him about the date and when he signed it.

Q. And did he verify that information yes or no?

A. He did verify that he had in fact signed the card on

or around the date that was indicated on the voter registration

card.

Q. Did you ask him about his mailing address that he

listed on that card?

A. I don't remember if I asked him that or not.

Q. I'll show you something, if you don't mind, to

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


89

refresh your memory?

A. That would help. Thank you.

Yes, I did ask him apparently. That refreshes

my recollection.

Q. And what did he indicate in regard to that mailing

address?

A. He indicated that he had put that as his mailing

address on his voter's registration card, 16 Pastoral Pond.

Q. Do you recall whether or not you asked him if he had

previously voted from that address?

MR. HEATH: Your Honor, objection. That's

leading.


A. I don't remember if I asked him that particular

question.

Q. (BY MR. WHITE) Okay. If I could refresh your

memory, if you don't mind, and I will...

A. I did ask him how long he had had that registered

voting address at 16 Pastoral Pond Circle.

Q. What was his response, Mr. Stilwell?

A. He indicated close to 20 years.

Q. Do you recall whether you asked him if he had stayed

at the Residence Inn hotel on April 5th of 2010?

A. I did ask him that question.


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


90

A. His response was that he had not stayed at the

Residence Inn hotel on that night or any other night in the

month of January, February, March, or April.

Q. Did you ask Mr. Jenkins regarding what items he might

have taken with him to the hotel on May 7th?

A. Yes, I did.


A. He testified that he had taken one or two suitcases

of personal clothing, toiletries, and I think some business

papers.

Q. Do you recall whether or not you asked him whether

the majority of his items were at the Residence Inn or at his

home?

A. I did ask him that question.

Q. What was his response?

A. He indicated that the majority of his property was

either at his home or at his business.

Q. Did you ask him specifically about the canoe sitting

on his driveway, if that was his canoe?

A. I did ask him about the canoe.


A. It actually was not his canoe, but he was storing it

at his home for a relative, if I remember correctly.

Q. Did you ask him how many people stayed in his room

that night at the Residence Inn on the night of May 7th before

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


91

the election?

A. I remember asking him about the people that stayed,

yes.


A. I remember it was multiple people, but I do not

remember exactly who it was that stayed in his room. I believe

it was four individuals and not his family members. But four

from this group that we're talking about.

Q. So, how many different families were represented by

the members staying in this room if that's the question you

asked him?

A. Yeah. It was not the Allison brothers. And so, my

recollection was that it was four people from four different

families that stayed in his room.

Q. Did you ask about his wife and what she thought about

the situation?


It's going to be leading to hearsay with respect to what -- and

speculation with respect to what my client thought his wife

believed.

THE COURT: Okay. Well --

MR. HEATH: We're wondering off.

THE COURT: The question so -- the answer to the

question would not constitute hearsay, but maybe the follow-up

would.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


92


A. Yes, I did ask him about his wife as well.

Q. (BY MR. WHITE) Did you ask the defendant about the

statement on the voter registration card regarding the false

information to procure a voter registration?

A. Yes, I did.

Q. And did you ask him specifically if he understood it?

A. Yes, I did.

Q. What was his answer?

A. Yes, he did. He understood it.

Q. And did you ask him specifically about the date of

April 5th on that application?

A. Yes, I did because I wanted to make sure that he had

not stayed at the Residence Inn at the date that he was

declaring that as his residence. And I did specifically ask

him that when he was on the witness stand.

Q. And what did he say in response to that?

A. He said that he had not stayed at the Residence Inn

as of the date that he signed and swore that he did.

Q. Did he admit that he did not live there on that day?

A. Yes, he did.

Q. Do you recall whether or not the defendant testified

that he was trying to sell his home at 16 Pastoral Pond Circle?

A. I did ask him about that and, yes, he did so

indicate.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


93

Q. Did you ask him his reason for why he was trying to

sell the home?

A. I believe I did ask him about that.

Q. Do you recall the response?

A. I don't specifically recall that response. You can

just tell me a page number it can refresh my recollection.

Q. I'm going to have to refresh your recollection with a

different volume here.

A. Okay. Yes, that refreshes my recollection about what

his response is.

Q. And for identification purposes that was marked as

State's 31.

A. Okay.

Q. What was his response to you?

A. That he was hoping to downsize. As of when I checked

the record yesterday, he had --

MR. HEATH: I'm going to object, Your Honor.


MR. HEATH: I ask the Court admonish him not to

do that. He's done it about 15 times.

THE COURT: If -- Mr. Stilwell, if you would be

so kind, don't volunteer information. Thank you very much.

Just answer the questions as they are asked. Thank you.

THE WITNESS: Yes, Your Honor.

MR. WHITE: Your Honor, could we have one moment

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


94

to confer before we wrap things up?

THE COURT: Yes.

Q. (BY MR. WHITE) As a matter of cleaning up, the State

has Exhibit 20, which was missing from the pack earlier. Were

these the photographs which you took of Adrian Heath's home?

A. Yes, they are.

Q. And all the same context applies to those photos as

the photos that were admitted, State's 21 through 27?

A. Yes.

Q. And these photos fairly and accurately depict the

home as you saw it on that date; is that right?

A. That's correct.

MR. WHITE: State offers State's 20.

MR. HEATH: Your Honor, I have no objection.


Q. (BY MR. WHITE) And the photos of Adrian Heath's

home, do they contain the same type of items as you found in

the other homes that indicated that it was lived in?

A. Yes. Clothing, pets, food. Those same, similar

kinds of things.

Q. Could you refresh our memories as to the date that

the lawsuit was filed?

A. The election day was on a Saturday and I believe that

I filed suit the -- either the Monday or the Tuesday following.

So, either the 10th or the 11th of May.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


95

Q. So, Saturday was May 8th?

A. Yes.

Q. And so, it would have been the 10th or 11th of May?

A. That's correct.

Q. And do you recall, when you were examining

Mr. Jenkins, asking him about whether or not he changed his

driver's license?

A. Yes, I did ask him about that.

Q. And did he, in fact, change his driver's license?

A. No, he had not changed his driver's license address

to the hotel. It was the same address, 16 Pastoral Pond.

Q. If I can refer you to page 58/59 of State's 31.

A. (Complying). I'm sorry. My mistake.

Q. Okay. And what was the actual result of -- did

Mr. Jenkins change his driver's license? Did he admit to that?

A. Yes. In fact, he testified that he had changed his

address on his driver's license to 9333 Six Pines Drive.

Q. And then you examined him. What did you ask him?

A. Well --

Q. Specifically, regarding when.

A. I asked him when he had done so because what he had

at the time of the trial, in early June, was not a driver's

license but a printout from an online application through the

Texas Department of Transportation. And he had indicated that

the date on -- the transaction date that he did it was

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


96

May 22nd.

Q. And that date was before or after the filing of the

civil suit?

A. It was after the filing of the civil suit and just

before the civil trial.

MR. WHITE: Pass the witness.

THE COURT: How about a break for lunch? What

do you think, Mr. Heath?

Ladies and gentlemen, we are going to break for

lunch. Could you all return back, please. At 1:15. 1:15.

And remember the instructions the Court's given

to you. If you go to lunch with some fellow jurors, don't talk

about the case. All right. Thank you.

All right. Jury is excused.

(JURY NOT PRESENT)

Anything to bring up before we break for lunch

by the parties? No? Okay. We're in recess. Thank you.

(LUNCH BREAK TAKEN)

THE COURT: All right. We ready? All right.

Let's bring the jury in.

(JURY PRESENT)

THE COURT: All right. Please be seated.

And when we went on the recess, I believe the

State had tendered the witness for cross-examination.

Mr. Heath, at your pleasure, sir.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


97

MR. HEATH: Thank you, Your Honor.

CROSS-EXAMINATION

BY MR. HEATH:

Q. Mr. Stilwell, you indicated that you have practiced

law for the better part of 18 years; is that correct?

A. That is correct.

Q. And the entire time period has been in Montgomery

County; is that correct?

A. The best part of it.

Q. Where is your office currently located?

A. My office is currently located off of Research --

excuse me -- off of Woodlands Parkway and Woodloch Forest. You

want the street address?

Q. Please.

A. Sure. It's 1400 Woodloch Forest Drive, Suite 590.

Q. And is that office in the RUD?

A. You know, I believe it is.

Q. Now, you've indicated that the RUD is similar to a

MUD. That -- the fact of the matter is, it's not similar to a

MUD, is it?

A. I think that misstated my answer in that it is a

service that a municipality frequently offers. In that way, it

was similar; but in a lot of ways, it is also different.

Q. Because it -- no taxes are paid by the individuals in

the RUD. The taxes are paid through the goods and services

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


98

that are sold in the RUD; isn't that right?

A. No. Actually, I believe that it is an ad valorem tax

on the property owners in the RUD.

Q. And some of those property owners get tax abatements,

don't they?

A. Some do.

Q. Now, there's a list of voters that is in evidence,

one of the very first documents admitted. And it lists 12

voters, correct?

A. There were 12 voters who voted in the election,

correct.

Q. And the early -- let me show you the -- it's been

marked as -- let's start with these. State's Exhibit 4 and

State's Exhibit 3.

In State's Exhibit 3, if you will, can you tell

the ladies and gentlemen of the jury who were the two voters

reflected on that page.

A. Sure. They were Dirk Laukien and Katie Laukien.

Q. And since you've handled this lawsuit, you seem to

know a whole lot about all of the facts surrounding this

situation. Were those people, the Laukien's, registered to

vote in the RUD election?

A. They were registered to vote in the RUD election,

yes.

Q. And isn't it a fact that they changed their residence

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


99

on their registration form in February of 2010?

MR. WHITE: Your Honor, may we approach?

THE COURT: Is there an objection?

MR. WHITE: I will object, Your Honor.

THE COURT: All right. Come on up.

What we have is realtime court reporting. What

that means is, just as the witness is testifying, the

transcript is being printed out so the Court -- I can read it.

And it's over here on this side. This screen is used for

operating the controls for the volume and things like that.

And -- this screen, that's why I'm looking over

here a lot. It has the realtime. I was going to show you, but

I just turned it off.



MR. WHITE: The objection, Your Honor, is

relevance as to the two voters that were registered in this

that weren't part of this voting conspiracy because --

THE COURT: What is the relevance?

MR. HEATH: The relevance is that they did the

identical things that our people did. And our position is,

they had every right to do it.

THE COURT: Oh.

MR. WHITE: There's no evidence of that in the

record that I'm aware of, Your Honor.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


100

MR. HEATH: It's replete in the trial that

you've been -- the testimony which you've been going through in

some detail.

MR. GLICKLER: The only testimony was the

defendant's, which is his statement.

THE COURT: Okay. Well, it doesn't seem

relevant. Two wrongs don't make a right. And -- but you can

-- you can put him back on later if you feel like you want to

support it in your defense. Not two wrongs.

MR. HEATH: Our position is, they had every

right to do what they did, just like we did. That's our

position.

MR. GLICKLER: They weren't even registered at a

hotel.

THE COURT: Well, you can point that out. I'm

going to overrule the objection right now.

MR. HEATH: Thank you, Your Honor. Our position

is they did the right thing, too.

MR. GLICKLER: Your Honor, at that point then,

we're trying people who aren't on trial.

THE COURT: That's right. But he has a fair

opportunity to try to make a certain defense. I haven't -- to

present a defense to be considered by the Court for submission

to the jury. How can he do that unless you want to say that

you would rather this be done outside the presence of the jury.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


101

MR. GLICKLER: Well, I'm just concerned. This

is like when you're trying a speeding trial and the defense

comes in and says, well, three other people sped down the road.

MR. HEATH: That's --

MR. GLICKLER: That's not relevant.

MR. HEATH: It's different.

THE COURT: In considering, I'm just going to

sustain the objection. I'll give you an opportunity to

supplant the record to convince me that it is relevant. At

this time, I don't find it to be relevant because what we've

heard, the presentation of the State. And the State has

indicted somebody and there's probable cause finding that

somebody has committed a crime. Just because somebody else

does the same thing historically is not a defense.

MR. HEATH: Your Honor, our position is, he

didn't commit a crime. And our position is that they didn't

either.

THE COURT: You'll have a chance to supplant the

record to convince me that it ought to come before the jury.

MR. HEATH: And for purposes of the record --

THE COURT: I sustained the objection.

MR. HEATH: I understand that. But I still

would like to make a bill in question and answer form.

THE COURT: You'll have time to do that.

MR. HEATH: At the end of his testimony

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


102

possibly.

THE COURT: Okay.


THE COURT: Okay. Go ahead.

Q. (BY MR. HEATH) And you remember cross-examining

Mr. Jenkins. You've already mentioned several instances where

you cross-examined him in the civil trial; is that correct?

A. Yes. I did cross-examine him, yes.

Q. Do you remember asking Mr. Jenkins and --

specifically asking him if, upon receipt of a letter, did that

letter encourage you to exercise your right to vote in a manner

consistent with the law? Do you remember what his answer was

to that?

A. I want to make sure that we're talking about the same

thing so that I give the right answer.

Q. If I could show you the passage, would that help you?

A. Certainly would.

MR. HEATH: May I approach the witness, Your

Honor?

THE COURT: Yes.

A. I think I know what you're talking about, but I want

to be certain.

Okay. Yes, I remember the letter and I remember

the question.

Q. (BY MR. HEATH) All right. You remember what his

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


103

answer was?

A. Yes. That the letter encouraged him to vote in a

legal manner.

Q. In a legal manner; is that correct?

A. Yes.

Q. And your response to him was: I understand that's

what you believe occurred.

That's what you told him, didn't you?

A. Probably.

Q. You've testified that you went to his house; is that

correct?

A. I did go to his house.

Q. And at the time that you went to his house and took

photographs, do you remember whether there was a "for sale"

sign there or not?

A. There was a "for sale" sign on the lot.

Q. Now, you've testified that his reason for wanting to

move was to downsize?

A. That's what he testified to.

Q. But that's not all he said, is it?

A. I think he gave a longer answer to that, but that was

the gist of it.

Q. Did he not indicate that all of his children were

grown?

A. He did indicate that that was part of his reason for

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


104

downsizing.

Q. That at the time of the election, his last child was

still residing at the residence?

A. He did tell me that.

Q. But was engaged and planning on moving out; is that

right?

A. I don't remember whether he told me the last part;

but, yes, he did still have a child living with him that was an

older child.

Q. He also indicated that he had found out that his

house was in the floodplain?

A. I don't think that his house -- I don't think he said

his house was in the floodplain. I think that's incorrect.

Q. You don't remember him saying that?

A. I think he said it was near a floodplain.

Q. And that was a concern, right?

A. I think that -- yes.

Q. And he also indicated concern about the size of the

home and the maintenance of the home, right?

A. As I indicated, yes, he said he was going -- he was

thinking about downsizing.

Q. And you cross-examined him quite a bit about where

his grandkids were and all those things, didn't you?

A. I don't believe so, no.

Q. You remember him testifying to that effect though,

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


105

that all of his grandkids were away from his house and not in

The Woodlands area; is that right?

A. I think that's correct.

Q. Did -- do you remember or not whether Mr. Jenkins

ever apprised you of the fact that he had purchased land in

Arkansas?

A. He did not tell me that.

Q. Did he ever apprise you of the fact that he was

closing his -- winding his business down?

A. He did not say so, no.

Q. Where did he say his business was located?

A. I know from the Residence -- I don't think he told

me. I know what address was on the Residence Inn

registrations.

Q. Okay. And what was that address?

A. If we can pull it, I can give you a specific address.

I don't remember it. I just remember that it was on the

registration.

Q. And do you remember in what -- where it was located?

In other words, you don't know the address, but what part of

town it was located in?

A. I believe it's in Harris County.

Q. Now, let me show you what's been marked as State's

Exhibit Number 7. And just the first page, what is that?

A. This is -- State's Exhibit 7 was the voter's

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


106

registration application forms that we looked at.

Q. Now, section number nine, would you read that in its

entirety for the jury?

A. Sure. It says: I understand that giving false

information to procure a voter registration is perjury and a

crime under state and federal law. Conviction of this crime

may result in imprisonment up to 180 days, a fine up to $2,000,

or both. Please read all three, and three is underlined,

statements to affirm before signing.

Then there were three bullet points.

First bullet point: I'm a resident of this

county and a U.S. citizen.

Q. Stop there. Is Mr. Jenkins, to the best of your

knowledge, a resident of Montgomery County?

A. Yes.

Q. And is he a U.S. citizen?

A. Yes.

Q. All right.

A. Did you want me to continue?

Q. Yes, sir.

A. Second bullet point: I have not been finally

convicted of a felony, or if a felon, I have completed -- the

date stamp goes across the wording.

Q. I understand.

A. And it continues: Including any term of

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


107

incarceration, parole, supervision, period of probation, or I

have been pardoned.

Q. All right. To the best of your knowledge at the time

on April the 5th of 2010, when Mr. Jenkins ostensibly filled

out this form, had he ever been convicted of a felony?

A. I do not have any knowledge of his criminal record.

Q. All right. And then lastly, what does it say?

A. It says: I have not been determined by a final

judgment of a court exercising probate jurisdiction to be

totally mentally incapacitated or partially mentally

incapacitated without the right to vote.

Q. So, those are -- the three things that you're signing

-- your signature to under penalty of perjury; is that correct?

A. That is not all; but, yes, those three things are.

Q. And it tells you specifically and underlines it.

What does it say? It says, in order to -- you have to affirm

those, correct?

A. It says: Please read all three statements to affirm

before signing.

Q. So, it's an affirmation of those three statements and

it asks for your signature; is that correct?

A. And additional information, yes.

Q. And my question is: It is specific to those three

bullet points, is it not?

A. Those are included but not all.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


108

Q. It doesn't say these are included but not all, does

it?

A. It says: I understand that giving false information

to procure a voter registration is perjury and a crime under

state and federal law.

Q. Right. And so, you have to affirm those three items

because that's what you have to -- that would make you

ineligible to be registered if you had any of those three

items, correct?

A. Any of those three would and other things as well.

Q. It doesn't say that, does it?

A. I disagree with you, sir.

Q. Well then we disagree, Mr. Stilwell.

THE COURT: Is that a question?

MR. HEATH: It isn't, Your Honor. I'll refrain

from that.

Q. (BY MR. HEATH) 30 days is not a magic number, is it?

A. I don't believe in magic, sir.

Q. In fact, if a person fills out a registration form

30 days in advance of an election and they're not living at the

residence at the time they fill it out, it has no legal effect

whatsoever, does it?

A. I'm not certain of your hypothetical, sir.

Q. Well, it's very simple. The only reason that you

register 30 days before the election is for administrative

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


109

purposes only, isn't it?

A. I don't believe that's the case, no, sir.

Q. You don't believe that's the case?

A. I don't think it's solely administrative, no, sir.

Q. I see. And that's your position as you sit in court?

A. I think that's the Election Code's position, sir.

Q. That you have to be a residence for 30 days -- a

resident for 30 days?

A. No, that a voter's registration application is more

than merely administrative.

Q. Well, that's not the question I asked you, is it?

A. Then I must have misunderstood you because I believe

that's what you're asking.

Q. What I'm asking you is: The only reason you have to

register 30 days before an election is for administrative

purposes for the benefit of the Secretary of State and the

people that work under them, right?

A. I don't believe that's what the election code says,

no, sir.

Q. And that would be maybe the county registrar voters?

Would help them if you registered 30 days in advance of the

election, right?

A. I'm certain it would help the registrar; but, again,

I don't believe that that's what the election code says.

Q. All right. That's your belief, correct?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


110

A. That's what I said, yes, sir.

Q. All right. Now, let's go to -- does the election

code talk about the length of time a person has to reside at a

spot?

A. I don't believe that the election code puts a period

of time on it.

Q. That's correct, isn't it? No period of time, right?

A. I don't believe the election code states a period of

time.

Q. And who does the election code allow -- who is

supposed to put down what their residence is?

A. The voter has to swear as to their residence on their

voter's registration application.

Q. So, they get to choose, don't they?

A. It's not a choice, sir.

Q. And that's your position that it's not a choice?

A. That's correct. It's not a choice.

Q. Well, is it the government's choice? Is it the

government's choice where you live?

A. I don't understand your question, sir.

Q. Well, whose choice is it where you live, where you

reside for voting purposes?

A. I think residence is an issue of law that the Court

is able to apply a definition to.

Q. So, if any of the jurors here or anybody in this

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


111

courtroom has any issues about whether they reside in a certain

place for voting purposes, I guess it's your testimony that

you'd have to go to court to find out; is that right?

A. No, it's not. If you don't live there, you don't

reside there certainly.

Q. Now, you're a politically active person, aren't you?

A. Reasonably.

Q. You've run for office in The Woodlands Township

before, haven't you?

A. I have.

Q. And you knew the people who voted in this election,

didn't you, the Laukien's? You knew them, didn't you,

personally?

A. I do.

Q. And one thing I wanted to clear up with you because I

think there's some lack of clarity on this one issue. The

three individuals that registered to be board members of the

RUD did not have to live in the RUD, did they?

A. That's exactly what I said, correct.

Q. So, I -- certainly don't want anybody to have the

impression that because they didn't live in the RUD, they

couldn't run for a directorship; is that correct?

A. That's correct.

Q. In fact, all the other directors in that RUD didn't

live in the RUD either, did they?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


112

A. That's correct.

Q. Not a one of them. And, in fact, in the -- how long

was that RUD in existence to the best of your knowledge?

A. You know, I'm not sure when the RUD was originally

formed.

Q. Could it be more than a decade?

A. I don't know.

Q. Well, the fact of the matter is, this particular

election in 2010 was the only election they ever had for

directors, isn't it?

A. I don't know.

Q. You indicated that this one election was the only one

you knew about, right?

A. That's the only one I'm aware of.

Q. So, if there's no election, the individuals that have

been serving on the Board don't have to be re-elected, do they?

A. There's not a voting election if it is uncontested.

Q. Right. So, the RUD can kind of just pick whoever

they want to be directors, can't they?

A. I don't believe that's the case at all, no, sir.

Q. Okay. So, what happens?

A. I think people register to run for office and if

there are not multiple candidates for office, there is no

election.

Q. Now, in 2010 people did run, didn't they?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


113

A. They did.

Q. And what about when a person serving on the RUD as a

director and they decide they don't want to continue serving as

a RUD member but there's no election, how are they replaced?

A. I do not know how the legislation replaces vacancies.

Q. But certainly not by election, is it?

A. I do not know how the RUD replaces vacancies. I do

not know.

Q. Now, were you aware that there was going to be a RUD

election before the election occurred in May or after?

A. No. I was aware that the election was going to take

place before it took place.

Q. Okay. So, approximately when did you find out about

it?

A. Maybe 30 days in advance of the election or so.

Q. So, sometime in April; is that correct?

A. Probably correct.

Q. And was that when Carol Gaultney, an official here in

-- or was an official back then. I think the registrar, right?

A. She was the voter registrar at that time period.

Q. She declared that there would be an election in that

RUD, didn't she?

A. She did declare that there would be an election in

the RUD, yes.

Q. And as soon as she declared that, that's when you

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


114

found out about it, right?

A. I don't believe I found out because of that, but that

did occur about the same time that I found out about it.

Q. So, did you find out about it in your professional

capacity or in your political activities?

A. Neither. I read it in the newspaper.

Q. Would that have been the Conroe Courier?

A. I believe I read about it in the Courier.

Q. Now, to the best of your knowledge, weren't there

other people that were registered to vote other than these 12

people in the RUD?

A. There were other people that registered to vote than

those 12 people, correct.

Q. And at various addresses?

A. Yes.

Q. So, there were more than 12 people that resided in

the RUD at least according to the rolls, the registrar's rolls;

is that correct?

A. There were more than 12 people on the registrar's

rolls for the RUD, yes.

Q. But only 12 people voted?

A. That's correct.

Q. Now, going to the large exhibit where you, in

detailed form, throughout where the RUD was. Residents of The

Woodlands area use the RUD virtually on a daily basis, don't

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


115

they?

A. They use the roads on a daily basis.

Q. They use the park, the Pavilion, don't they?

A. I think people go to the Pavilion, absolutely.

Q. And it serves a community purpose, does it not?

A. I think that they sometimes hold community events

there, yes.

Q. People attend meetings within the RUD, don't they?

A. They attend meetings in buildings that happen to be

located in the RUD, yes.

Q. People shop in the RUD?

A. People shop at stores that are located in the bounds

of the RUD, yes.

Q. All right.

A. They don't shop in the RUD. They shop inside the

boundaries, the legal boundaries of the Road Utility District.

Q. Well, that's kind of what I was asking.

And people work in the RUD?

A. People work in businesses located inside the

boundaries of the district, yes.

Q. And they drive on those roads every day, don't they?

They rely on those roads?

A. Absolutely. People rely on and drive on those roads

every day.

Q. And would you say that the RUD is an integral part of

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


116

The Woodlands?

A. I think the Road Utility District provides an

extremely important service to the people who use those roads,

yes.

Q. How about shop in those shopping centers?

A. I think it's important to have good roads to be able

to go to those shopping centers.

Q. That are within the RUD, right, those shopping

centers?

A. They're village centers that are located there and

the Town Center, which includes the mall, is located in the

bounds of the district, yes.

Q. Is there a library there?

A. I'm trying to remember whether the library is -- it's

in the Town Center and I'd have to look specifically to see if

it was inside the bounds of the RUD or not.

Q. Are the offices of The Woodlands Development Company

in the RUD?

A. Yes.

Q. And people vote in the RUD, too, don't they? There's

buildings in the RUD where -- that are ballot places; is that

correct?

A. I think it depends on which election you're talking

about, but I'd have to check to see whether the early voting

location in the Town Center is -- there are a few out tracts in

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


117

Town Center. I'd have to look to see whether that location was

inside or outside of the RUD because that's owned by the

county.

Q. I understand.

A. And the county doesn't pay taxes.

Q. So, your answer is you're not certain?

A. I'm not certain on the early voting location that

people go to in the Town Center.

Q. All right. Now, just so I'm clear on this issue.

Mr. Jenkins did change his driver's license address, did he

not?

A. Yes. Well, yes, he did.

Q. And what address did he change it to?

A. He -- on May 22 after the election, he changed it to

9333 Six Pines Drive.

MR. HEATH: That's all the questions I have at

this time, Your Honor.

THE COURT: Anything else?

MR. WHITE: Brief redirect, Your Honor.


REDIRECT EXAMINATION

BY MR. WHITE:

Q. Mr. Heath asked you about a letter and whether you

asked Mr. Jenkins whether it encouraged him to vote in a legal

manner.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


118

A. Yes.

Q. Were you serious when you asked that question or were

you being somewhat sarcastic? It was difficult to tell your

tone from the transcript.

A. There was a little bit of sarcasm because it was a

letter from the Montgomery County District Attorney sent to Mr.

Jenkins and others.

Q. Now, was the purpose of that letter to encourage

these people to vote or was the letter actually warning them

against illegal voting?

A. It was warning them against illegal voting and it

suggested that they only vote in a legal manner.

Q. And as to Mr. Jenkins' home for -- at 16 Pastoral

Pond that was listed for sale, do you happen to know whether

that home ever did sell?

MR. HEATH: Objection. Irrelevant.


MR. WHITE: Well, I think whether or not the

home sold would have to do with the seller's genuine intent to

sell the home if it was sold, if the price of it was reasonable

for the market, that sort of thing. And if it actually did

sell. If it is for sale at this time.

THE COURT: Okay. Overrule. You may ask the

question.

Q. (BY MR. WHITE) Do you happen to know if that

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


119

property ever sold?

A. As of yesterday, Mr. Jenkins still owned it and

declared it as his homestead.


MR. HEATH: Just a couple of questions.

RECROSS-EXAMINATION

BY MR. HEATH:

Q. With respect to this letter that you talk about the

Montgomery County District Attorney sending, did that letter in

any way, shape, or form tell those voters not to vote?

A. It told them not to cast an illegal vote and

encouraged them to only vote in a legal manner.

Q. Well, is that all it said? Didn't it actually say

this is for informational purposes? Did it not say that?

A. I'd have to see the letter.

Q. Did it not say that we urge you to read the election

code laws applicable?

A. I'd have to see the letter.

Q. Did it not also give within the confines of the

letter, within the four corners of the letter, opinion papers

that they suggested each of these voters review that were from

the Secretary of State and from the Attorney General? You

don't remember that either, do you?

A. It's been at least two years since I looked at that

letter. I'd have to see the letter.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


120

Q. So, you feel more comfortable if you read the letter?

A. I would. I can't answer your question without doing

it.

Q. By the way, who wrote that letter?

A. I believe it was signed by Phil Grant who is an

assistant district attorney.

Q. In fact, isn't he the first assistant district

attorney?

A. I believe he is. And I believe he was at that time.

Q. And did you -- when you found out that there was

going to be an election, did you advise the District Attorney's

office of that election?

A. No, I did not.

Q. Did you urge anybody to advise the District

Attorney's office?

A. No, I did not.

Q. In other words, direct them to do that?

A. No.

Q. I know I have that letter. I couldn't find it, but

they did.

All right. Here's the letter. Tell me if I'm

not right in the questions I ask you.

A. And your question again, sir?

Q. Well, doesn't the letter say for informational

purposes only?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


121

A. It says: This letter is being sent to all currently

registered voters within the jurisdiction for informational

purposes only. Yes, it does.

Q. So, it's not a threat, is it?

A. I don't think it was.

Q. And it's not telling the people that, hey, you

shouldn't vote in an election, is it?

A. It does not say, do not vote.

Q. But it did say, we want you to look at election code

-- what section did it talk about?

A. I don't think it mentions the election code in the

letter. It has the penal code provision for illegal voting.

Q. Is that a penal code or is that an election code?

A. No, you're correct. It is an election code provision

on illegal voting. You're correct.

Q. And it pretty much just goes through the whole thing,

right, on illegal voting? Right?

A. Yes. It sets forth the criminal penalties for

knowing voting violations, yes.

Q. And it also talks about what an eligible voter is,

doesn't it?

A. No.

Q. Does it talk about what a qualified voter is? I'm

not talking about the body of the letter. I'm talking about

the resource and the reference materials that they tell the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


122

readers to study.

A. The letter does not talk about qualified voters, no.

It does provide resources that if -- it says: If you have

concerns about the legitimacy of your voter registration,

you're encouraged to seek counsel to advise you; and then gives

two resources to look at.

Q. So, when you hear, you're advised or you are urged to

seek counsel, could that be a lawyer?

A. I think so.

Q. Could that be an official from the Secretary of

State?

A. I generally don't think they're referred to as

counsel. I think that's generally lawyers.

Q. Could that be people from the Attorney General's

office?

A. I think that would be fair.

Q. All right. Now, it also, besides giving you the

complete layout of the law -- because it specifies Section

64.012 Illegal Voting, right?

A. It does.

Q. And then they say we urge that you seek counsel,

right?

A. It does.

Q. And it attaches -- of course the copy that I have

here doesn't have the attachments, but the attachments are --

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


123

and you remember them -- you remembered there was a Secretary

of State position paper, an Attorney General position paper,

and a full printout of all the applicable law attached to that

letter?

A. I never saw a copy that had any attachments.

Q. You didn't know that? All right.

A. And the letter doesn't reference that it has

attachments.

Q. But they ask a person to seek counsel; is that right?

A. They say that if you have any questions about the

legitimacy of your voter registration that they are encouraged

to seek counsel.

Q. So, hypothetically, if a person that received that

letter sought counsel and counsel told him it was okay to vote,

did they do what they letter told them to do?

MR. WHITE: Objection. Calls for speculation.

THE COURT: Do you know the answer to that?

THE WITNESS: I believe I can answer that, Your

Honor.


A. I believe it would do one of the things the letter

told them to do.

Q. (BY MR. HEATH) What else did it tell them to do?

A. I think the letter told them only to vote in a legal

manner and to not vote in an illegal manner.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


124

Q. And it told them to look at those resources, didn't

it?

A. It did give two resources that could be looked at,

yes.

MR. HEATH: That's all the questions I have at

this time, Your Honor.

FURTHER REDIRECT EXAMINATION

BY MR. WHITE:

Q. Mr. Stilwell, do you happen to know whether or not,

talking about counsel, whether the Attorney General's office is

allowed, by law, to give advice to a private citizen or whether

their only client is the state of Texas? Do you happen to know

that?

A. I believe that the Attorney General's client is the

state of Texas.

MR. WHITE: And at this time, State would offer

these letters, State's Exhibit 34. It's been premarked. We'd

just offer these at this time for all purposes.

MR. HEATH: I have no objection.

THE COURT: Okay. For the record, what is it

consisting of?

MR. WHITE: State's Exhibit 34 are letters from

the Montgomery County District Attorney's office to the voters

in this case. One to Adrian Heath.

THE COURT: Is it the item that the witness was

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


125

being interrogated on by --

MR. WHITE: Yes.

MR. HEATH: It is, Your Honor. And we have no

objection.

THE COURT: All right. Okay. State's

Exhibit 34 is admitted.

MR. WHITE: No further questions.

MR. HEATH: No further questions, Your Honor.

THE COURT: All right. May this gentleman be

excused?


MR. HEATH: No objection, Your Honor.

THE COURT: You're excused, sir.

MR. STILWELL: And, Your Honor, am I released

from the rule?

MR. HEATH: I would object to that.

THE COURT: Not until the end of trial, sir.

Thank you for bearing with us.

MR. STILWELL: Thank you.

THE COURT: Call your next witness, please.

MR. WHITE: State calls Phil Grant.

MR. GLICKLER: Your Honor, we also have another

witness with us, our sergeant. So we figured now, we'll at

least give you two witnesses to swear in and explain to her the

rule. She was not sworn in earlier.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


126

THE COURT: That's okay. I'll just swear them

in when they come.

MR. GLICKLER: Okay.

THE COURT: Just as long as they know what the

rule is.

MR. GLICKLER: Yes, sir.


All right. You've not been sworn in yet, right?

MR. GRANT: No, sir.

(WITNESS SWORN)

THE COURT: Thank you. Your witness.

PHIL GRANT,


DIRECT EXAMINATION

BY MR. WHITE:

Q. Good afternoon, Mr. Grant. Thanks for being with us.

A. No problem.

Q. Could you please introduce yourself to the jury.

A. My name is Phil Grant. I'm the First Assistant

District Attorney here in Montgomery County, Texas.

Q. And do you have a recollection of a situation

involving The Woodlands Road Utility District and a voting

situation back in 2010?

A. I do.

Q. I'm going to show you what's been marked and entered

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


127

into evidence as State's Exhibit 34. Could you tell me if you

recognize this, please?

A. I do.

Q. And what are these letters?

A. These are letters we sent out, I guess in April of

2010, after we received notification that several individuals

had registered to vote at a hotel in the Road Utility District

down in The Woodlands.

Q. And what was the purpose of this letter?

A. Well, the purpose of the letter was I think to

caution the individuals that had voted -- or who had registered

to vote in the hotel of what the current status of the law was

as far as where you could vote and where you couldn't vote in

hopes that they would make the right decision in regards to

where they voted in that election.

Q. Would you or would you not consider this letter a

threat?

A. It wasn't a threat. It was an informative letter, I

thought, making sure that these individuals knew the current

status of the law about where they registered to vote.

Q. Would you or would you not say that this letter was a

blanket encouragement to go exercise their right?

A. I don't think I was encouraging them to vote where

they were currently registered, no.

Q. So, it was neither one of those. It was simply a

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


128

cautionary letter; is that right?

A. Right.

MR. HEATH: I'm going to object to the -- I'm

going to object as being leading and --


MR. HEATH: -- being suggestive.


Q. (BY MR. WHITE) How would you characterize this

letter in light of those two positions?

A. Well, our office does not provide legal advice to

private citizens. We don't think that's one of the duties of

the District Attorney's office.

However, we got several phone calls from these

individuals, several phone calls from folks that represented

The Woodlands Road Utility District and we felt it was in the

best interest to remind them of the law regarding the -- where

you vote and where you can register to vote in hopes that there

wouldn't be criminal activity in the future.

Q. Do you know an attorney named James Stilwell?

A. I do.

Q. Were you urged by him specifically to send these

letters out to these individuals?

A. The Woodlands Road Utility District representatives,

which I guess was James Stilwell and his law firm, did come

meet with us, explained what had happened, and asked us to

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


129

intervene. We felt like we were limited in what we could do to

intervene at this point. And this letter, we thought was the

best course of action to try to resolve the circumstance.

Q. Do you recall that was Stilwell's firm or whether it

was the law firm of Mike Page?

A. I know I talked to both those individuals prior to

sending out the letter, so I'm not sure exactly sure which of

those two encouraged us to get involved at that point.

Q. Okay.

A. But both of them -- both of them -- we had

discussions with both of them before we sent this letter out to

my recollection.

Q. But you don't recall specifically that Mr. Stilwell

urged that this letter be sent?

A. No. I don't recall which one specifically asked us

to get involved.

Q. Besides informing the voter of the illegal voting

statute, does this letter do anything else in your opinion?

A. Try to keep it as general and as informative in its

tone as I could.

Q. And correct me if I'm wrong, but, generally, when

writing one of these letters, one does not want to discourage a

voter and their right to vote; is that true?

A. Absolutely not. We want people to vote where they're

supposed to vote.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


130

MR. WHITE: I'll pass the witness.

MR. HEATH: May I proceed, Your Honor?

THE COURT: Yes.

CROSS-EXAMINATION

BY MR. HEATH:

Q. Mr. Grant, besides the letter referring to the

statutes, you also suggested that they do other reading, did

you not?

A. Yes.

Q. And can you tell the members of the jury what you

told them to read?

A. There were a couple of opinions out there from the

Attorney General's office, from the Secretary of State that I

thought would be informative. I also included the criminal

statute on illegal voting for them to review.

Q. And did the -- did the -- was that a comprehensive

printout of the -- of the election code sections? In other

words, did it include qualified voter as well as illegal voter?

A. I'd have to go back and review those sites to know

exactly what they contain. But I thought it was a good

starting point for them in determining where they could vote or

and where they couldn't vote.

Q. Now, the -- it's a touchy area, is it not, especially

for the District Attorney's office, when you're put in a

position to write a letter that may or may not influence a

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


131

person from exercising their right to vote?

A. Well, sure. I mean, you want people to vote where

they're lawfully eligible to vote. You don't want, in any way,

to discourage people from exercising their lawful right to

vote. But at the same time, you don't want elections being

undermined by people that are voting where they're not supposed

to.

Q. All right. And when you wrote this letter, you knew

that there was no durational residency requirement before

voting? You were aware of that, were you not?

A. Define durational voting requirement?

Q. Any length of time residing where you say you reside.

A. I think there has to be an intent to establish a

permanent residence.

Q. All right. But that's not my question. My question

is: There's no durational requirement?

A. I don't think there's any specific time on it, no.

Q. Secondly, when one registers to vote, they are

supposed to register to vote at least 30 days before the

election, right?

A. I think that's correct. I'd have to look at the

statute.

Q. And the statute as it stands today does not use the

words "permanent residence," does it?

A. I'd have to look at statute.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


132

Q. Now, if an individual read and reviewed as hard as

they could and even sought the advice of counsel and believed

and made the determination to vote after you've given them

everything, then they do everything that you suggested they do

in that letter --

MR. WHITE: Objection, Your Honor. That calls

-- it's facts not in evidence. It calls for speculation and

it's not relevant.

THE COURT: Well, the witness would be the right

guy to answer that, wouldn't he?

MR. WHITE: If he can.


A. If they voted somewhere that wasn't their permanent

residence, then, no, I would disagree with that.

Q. (BY MR. HEATH) Remember now, the statute doesn't say

permanent residence. It says residence.

A. And I agree with you. But I think if you interpret

the statute correctly, you have to have an intent to live in

that place. You can't just vote wherever you want to. You got

to vote where you intend to reside and live, not just -- not

just some temporary place where you rent a hotel room.

Q. And so, that's your interpretation of those position

papers, right?

A. I think that's what those position papers say, yes.

Q. But it's your interpretation of those, right?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


133

A. I think --

Q. But it's not necessarily the interpretation of the

individuals that you urged to review them. You have the

benefit of being a lawyer, right?

A. I do.

Q. You have the benefit of years of law school and years

of studying the law and years of practicing in the criminal

area, right?

A. I do.

Q. And it is also a distinct possibility that other

lawyers disagree with you, right?

A. I often disagree with other lawyers, yes, sir.

Q. So, if a person studies your position papers -- and,

in fact, your position papers even talk about case law, don't

they?

A. They do.

Q. And what if that person actually printed out that

case law and studied it and sought legal counsel, and after

doing all those things was convinced they had a right to vote

in that election, they did everything that that letter told

them to do, did they not?

A. I suppose they did the -- what that letter encourages

them to do, yeah.

Q. And you didn't say threat; you will be prosecuted to

the limit of the law; don't vote in this election, right? You

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


134

didn't say any of that stuff?

A. No. I didn't come right out and say, no, don't vote

in this election.

Q. Because if you did that, it would really be

unconstitutional, wouldn't it?

A. I don't know if it would be unconstitutional. I

don't want to discourage people that have a lawful right to

vote from voting.

Q. Who, when they fill out that registration form,

decides where their residence is?

A. I think the law decides where your residence is.

Q. So, the individual has no control over that?

A. I think they do have control over it, but I think

there are bounds within the law that they have to comply with.

Q. I see. Now, being a prosecutor, there's all kinds of

different definitions of residence in the state of Texas,

aren't there, for different purposes?

A. I wouldn't say there's all different kinds. There

are a few different definitions in different sections of the

code.

Q. And it could be kind of confusing, can't it?

A. I don't think it's confusing.

Q. Well, not for you.

A. It's not confusing to me, no.

Q. But you're a lawyer.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


135

A. I am a lawyer.

Q. Now, you've indicated that you spoke with Mr. Page --

A. Correct.

Q. -- and with Mr. Stilwell.

A. Correct.

Q. Few or many occasions prior to writing this letter?

A. Not very many. Once or twice.

Q. And in your conversations with them, were there any

other members of the District Attorney's office with you?

A. I think Adrienne Frazior, who was my assistant in the

Public Integrity Division, may have been present for most of

those conversations. I don't know if anybody else was present.

Q. The District Attorney, Brett Ligon, wasn't present,

was he?

A. I don't know. I don't think so. But I could be

wrong.

Q. Now, you do remember being asked questions by the

local newspaper concerning this statute, don't you?

A. I believe so.

Q. And do you remember stating to that particular

reporter that you said the law needs more clarity? And you

said, I think it would be helpful if the Secretary of State

would put forth some clear guidelines regarding the definitions

of residency rather than leaving it as vague as they have in

prior opinions, right?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


136

MR. WHITE: Objection, Your Honor. Hearsay.

MR. HEATH: It's his statement, Your Honor.


A. Can I see it?

Q. (BY MR. HEATH) Yes, sir.

A. I did say that.

Q. Because it is vague, isn't it?

A. I think they can do a better job of clarifying the

statute, yes, sir.

Q. And with that in mind, when you got -- were any of

these ten people that you sent the letter to lawyers?

A. I don't know if any of them are lawyers.

Q. And you told them to seek the counsel of lawyers. I

would assume that's what you meant.

A. I say, I encourage you to seek counsel, yes.

Q. Now, did you mean lawyers? Did you mean governmental

officials? What did you mean?

A. Any of those would have been good.

Q. Would it have been good to call the Secretary of

State --

A. Sure.

Q. -- and try to get an idea of what they mean in that

position paper?

A. Sure.

Q. Would it have been good to -- it's probably

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


137

impossible, but to ask the Attorney General's office if they

have -- they have a position paper, what they mean by it? They

can't give advice, can they, though?

A. They're not. In that circumstance, no, sir.

Q. But the Secretary of State is a great place to go,

right?

A. Sure.

Q. Because they're charged with handling the election

process, right?

A. Sure.

MR. HEATH: That's all the questions I have,

Your Honor.

MR. WHITE: Can I approach the ELMO, Your Honor?

THE COURT: Yes.

REDIRECT EXAMINATION

BY MR. WHITE:

Q. Can you see the copy of your letter, Mr. Grant,

State's Exhibit 34?

A. Yes.

Q. So, with these resources that you include, was that a

comprehensive or exclusive list of resources that you

recommended to the reader of these letters?

A. I don't think it's an exclusive list but it was what

I thought they needed to make the right decision.

Q. Okay. And in regards to the election code statute on

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


138

illegal voting, you understand that eligibility is also defined

elsewhere in the code?

A. Yes.

Q. And within eligibility, you understand there's a

residence requirement for voting?

A. Yes.

Q. And are you aware that residence is defined elsewhere

in the code?

A. Yes.

Q. And Section 1.015 of the code, residence is defined

as domicile --


This is his witness. He's leading.

THE COURT: All right. It is redirect, so you

can't lead. It's still your witness. Make sure that you be

careful.

Leading questions are allowed to be asked by the

cross-examiner. But the direct examiner is not allowed to

lead.

But you can rephrase your question.

Q. (BY MR. WHITE) Mr. Grant, did you provide the

definitions of eligibility and residence in this letter?

A. No, sir, I don't think I did.

Q. And if you were to read the definition of residence,

which I just attempted improperly to read to you, do you find

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


139

in that definition of residence enough specificity for someone

to know what a residence is under Texas law?

A. Could I review it?

Q. Absolutely.


this line of questioning. He has already testified about this

area.

THE COURT: All right. Overrule.

A. It certainly seems clear to me.

Q. (BY MR. WHITE) And does it seem clear to you in the

context of hotel stay?

A. It seems --

MR. HEATH: I'm going to object, Your Honor.

His opinion on that is not an issue. It's what they believe.


MR. HEATH: He's evading their province.

MR. WHITE: This is just a rebuttal of Mr.

Grant's understanding of the law that defense counsel went into

on cross, Your Honor.

THE COURT: You're saying he's opened the door

to this area?

MR. WHITE: I am, Your Honor.

THE COURT: Well, it certainly is the jury's

final determination. They're the ones who get to decide

whether the defendant is guilty or not guilty as it is alleged

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


140

in the indictment and how much credibility to give to the

witnesses. That's their exclusive domain.

So, you want to ask him a question about how the

law applies to this fact situation?

MR. WHITE: I'd like to ask him a question

applying to audience to which he wrote this letter. If he

believes the election code contains enough specificity for his

letter to be effective to those individuals for the purpose

that he intended.

MR. HEATH: And, Your Honor, my response is

simply this: Once again, it's evading their province. But

more importantly, it's going into the heads, asking him to

speculate on what they were going to glean from his letter.


Q. (BY MR. WHITE) Mr. Grant, do you find enough

specificity in the definition of residence within the election

code having renewed your memory of Section 1.015?

A. It appears to be pretty specific, yes, sir.

Q. And do you find that specificity to be enough for

your letter to these individuals to have the desired effect

which you intended?

A. I hoped it would.


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


141

RECROSS-EXAMINATION

BY MR. HEATH:

Q. And yet you told the newspaper reporter that you

thought that the law was vague, did you not?

A. I believe the Secretary of State's interpretation has

been vague at times, yes, sir.

MR. HEATH: That's all questions I have, Your

Honor.

MR. WHITE: Nothing further, Your Honor.

THE COURT: May this man be excused?


THE COURT: You are excused, sir. Thank you.

And how about a little break, ladies and

gentlemen? About ten minutes?

Okay. You are excused. And they're running out

like the running of the bulls.


THE COURT: We're in recess.

(SHORT BREAK TAKEN)

THE COURT: Ready? State ready to go?


THE COURT: All right. Bring the jury in.


(JURY PRESENT)

THE COURT: Please call your next witness.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


142

MR. WHITE: State calls Sergeant Dara Bowlin.

THE COURT: Raise your right hand, please.

(WITNESS SWORN)

THE COURT: Please have a seat. Thank you.

DARA BOWLIN,


DIRECT EXAMINATION

BY MR. WHITE:

Q. Sergeant Bowlin, could you please introduce yourself

to the jury.

A. Sure. My first name is Dara. I'm a sergeant at the

Attorney General's office. My name is Dara Bowlin and I work

in a special investigations unit.

Q. And, Sergeant Bowlin, how long have you been with the

Attorney General's office?

A. With the Attorney General's office, coming up on, I

believe, almost six years.

Q. And what type of cases have you been assigned to with

the Attorney General's office?

A. Throughout the almost six years, I've worked a

variety. I've worked election violations, public integrity,

human trafficking, fraud, a variety of all those things.

Q. And were you assigned to investigate a case involving

the 2010 Woodlands Road Utility Board of Directors' Election?

A. Yes, sir, I was.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


143

Q. And do you recall where the referral for that case

came from?

A. I believe from the Secretary of State.

Q. And what was your responsibility in terms of

investigating the case?

A. Investigating the allegations that came with that

referral regarding illegal voting.

Q. And what did you do in the course of your

investigation to investigate those allegations?

A. That referral came with a lot of background

information already attached to it. Read through all that.

Organized that. In addition, sent out a grand jury subpoena to

obtain additional information.

Q. And what types of information did you obtain?

A. In response to that grand jury subpoena would have

been hotel records.

Q. And do you recall the name of the hotel that was in

question?

A. Yes, sir, I do.

Q. What was that hotel?

A. The Marriott Residence Inn.

Q. And do you recall whether that Residence Inn was

located at 9333 Six Pines Drive in The Woodlands, Texas?

A. Yes, sir, it was or is.

Q. I'm going to show you what's been marked as State's

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


144

19. Do you recognize these records?

A. Yes, sir.

Q. And are those, in fact, the records that you obtained

from the Residence Inn?

A. Yes, sir, they are.

Q. And if you need to refresh your memory, you are

welcome to do so. But, do you recall the period of time that

you requested those records pertaining to? Over what time --

I'm sorry. That's a bad question.

Over what time period did you request records

from the Residence Inn?

A. When I drafted the grand jury subpoena, I requested

all documents from 2010 to current. And the date that I sent

the subpoena was July 20th of 2011.

Q. Okay. And -- so that's dates covering the years

2010/2011, a period of how many months?

A. 19 months.

Q. Fantastic. So, in response to that subpoena, you

received records for -- which individuals did you request those

records on?

A. Do you want the specific names?

Q. I would like the specific names, please.

A. The grand jury subpoena includes ten names in total.

They were Sybil Doyle and/or James Doyle. Peter Goeddertz.

Adrian Heath and/or Kandy Heath. James Jenkins and/or Laura

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


145

Schissler. Roberta Cook. Might have had a typo. It said

Robert Cook, which should have been Roberta Cook. Richard

McDuffee and/or Mary McDuffee. Thomas Curry. Bill Berntsen,

aka William Berntsen. Benjamin Allison. And the tenth one was

Robert Allison.

Q. Thank you. And in response, did you receive the

packet of information that's been marked as State's Exhibit 19?

A. Yes, sir.

MR. WHITE: Your Honor, at this time, the State

would offer State's Exhibit 19, which is the pre-filed business

records affidavit, noticed records of the Marriott Residence

Inn.

MR. HEATH: We've been proffered a copy of it,

Your Honor. We have no objection.


Q. (BY MR. WHITE) As you flip through these documents,

Sergeant Bowlin, do you notice them being in any particular

order?

A. No, not specifically. Not that I'm noticing as I'm

flipping through right now.

Q. And that's kind of what I'm noticing as well. I ask

because when we look at these documents, I want to be able to

make some sort of organized fashion out of them.

Do they seem to be at least organized by name of

individual to some extent?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


146

A. Yes. The person seemed to be grouped together. If

there's multiple records or multiple pages for the particular

individual, those seem to be attached with the other.

Q. Okay. Do you find records for the defendant in this

case, James Jenkins?

A. Yes, sir, there is.

Q. And on what date do those rooms begin?

A. Looks like the very first day was arrival May 29,

2010.

Q. Okay. And that does not include the room that's on

the first page that seems to be booked to Pete Goeddertz, Jim

Jenkins, Adrian Heath, and Tom Curry?

A. Oh, correct. That one has multiple names on it and

that one has May 26, 2010.

Q. Okay. So, all and all, we've got May 26th and

May 27th, is that correct, for Mr. Jenkins?

A. On this -- on the page that you have on there?

Q. Yes.

A. Yes, sir.

Q. And then flipping forward, the very next page is for

a Robert Cook in Houston, Texas, which we think was a mistake;

is that right?

A. Correct. I believe I received a call from the hotel

and they asked me to clarify if that was Robert or Roberta.

Q. Okay. So, it was Roberta Cook that we were

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


147

interested in and not Robert; is that correct?

A. Yes, sir.

Q. And moving to page three. We have some stays for

Mr. Jenkins and it has him arriving on what date?

A. May 29, 2010.

Q. And departing on what date?

A. June 14, 2010.

Q. And are those transactions just continued on the next

page?

A. Yes, sir.

Q. Okay. And do you recognize this period of time,

beginning in late May and going through mid-June, as pertaining

to some other event that's relevant to these hotel stays?

A. Yes. I believe there was an election contest

occurring and maybe a civil suit occurring at that time frame

after the election.

Q. Okay. And the election was on what date?

A. May 8, 2010.

Q. Okay. So, all of these dates then would be after

that date of May 8th; is that correct?

A. Yes, sir, that's correct.

Q. And what do we have here total from the 29th of May

to the 14th of June? How many days do you count?

A. 16, I believe.

Q. 16 days. And how many guests do you see assigned to

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


148

this block of rooms?

A. It says three.

Q. Three guests. And the next guests register is for --

actually, could we take a step back and look back at that one

more time because I want to take a look at this amount of money

that was spent here?

A. I'm sorry. I believe I misspoke. I believe it is

17.

Q. 17 days? Okay. Or 16, if you count nights?

17 days?

A. Correct. Counting just number of days --

Q. I understand.

A. -- it's like 17 different days.

Q. Okay. So, the room rate for this block for 16 nights

was what?

A. $149 per night.

Q. And it appears that they're subtotaled out here to

the side. Is that what it appears to you?

A. Yes, sir. It looks like after every two or

three days.

Q. And does it appear to you that it was billed out at

that time and charged to a card because I don't see a total at

the end, do you?

A. Correct. It appears as if it was paid for in

different increments. It looks like one was on June 3, 2010.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


149

The next payment was June 8, 2010. Another payment June 13,

2010. And then the remaining balance on June 14, 2010.

Q. So, for these 16 nights we have charges of over

$800.00 three times and then almost $200 once. And if my math

is correct, that would be -- what do you have on that? $2,600?

Is your math better than mine today?

A. It looks like over 2,600.

Q. Okay. And we also want to give Mr. Jenkins credit

for the room on May 26th because his name is down here. So,

that would be 17 nights in total by my count, is that right --

A. Yes.

Q. -- in these documents?

Thomas Curry rented a whole bunch of rooms

during this time period, didn't he? I should say nights, not

rooms.

A. Without actually counting them I'm -- based on -- I'm

guessing over 20. I haven't actually counted them out.

Q. Okay. And at considerable expense, would you say?

A. Just rough math is about 3,000 just from what I'm

flipping through.

Q. And Ben and Robert Allison also appear to have rented

a bunch of nights as well; is that right?

A. Yes, sir. It looks about the same amount of nights.

15. 20. Again, it looks like between 2- to $3,000.

Q. But going back to Mr. Jenkins, do you see any other

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


150

stays in this -- in these records of Residence Inn that we can

give him credit for besides the 17 nights that we discussed?

A. No. I don't see his name on any other portfolios as

they're listed on here.

Q. I'd like to show you State's Exhibit 6. Do you

recognize these documents as well?

A. Yes, sir.

Q. And are those also records of the Residence Inn?

A. Yes, sir, they are.

Q. Were those the ones that were subpoenaed prior to

your involvement in the case that were concurrent with the

election contest back in 2010 just after the election?

A. Yes, sir.

Q. And what -- what -- what number of nights do those

records reflect for Mr. Jenkins?

A. Are you asking what the subpoena request or what did

the responsive documents --

Q. What did the responsive documents reflect?

A. It looks like there is one page with his name on it

and it shows an arrival date of May 7, 2010, and a departure

date of May 9, 2010. And that's all I see.

Q. Okay. And so May 7th through May 9th. What I'm

going to do, and I should have done this earlier, I've got

copies of -- blank calender copies of the months of May and

June of the year 2010.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


151

MR. HEATH: Mark them up. We have no objection,

Your Honor.

Q. (BY MR. WHITE) What I'd like to do is use these as a

demonstrative aid. If you could, write on these nights which

nights Mr. Jenkins booked rooms in the Residence Inn. If you

could mark those with a JJ. And we will give you a little bit

of time.

THE COURT: She's marking on an unlabeled

document?

MR. WHITE: Your Honor, I'm sorry. That

document is marked -- will be marked at State's 51.

THE COURT: And that's going to be admitted

without objection?

MR. HEATH: It is, Your Honor. I think that

will be a shorthand rendition of those hotel records. It will

be useful to the jurors.

THE COURT: All right. Admitted.

Q. (BY MR. WHITE) Are you finished?

A. Yes, sir.

Q. And so for the record, you've marked JJ on the nights

that Mr. Jenkins had rooms at the Residence Inn. And we have

-- actually, I believe you marked the day and the nights, is

that correct, of the stay?

A. I marked what was on the receipt and it shows checked

in on the 7th. So, that would have be the night of the 7th

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


152

rolling into the 8th, if that's what you're asking.

Q. Where it says the 7th through the 9th, that would

actually be two nights. He stayed Friday night into Saturday

night. Checked in on Friday and checked out on Sunday?

A. Correct. It would be the line in between the dates.

Q. Okay. Even though there are three JJ's, we know that

that's a two-night stay?

A. Yes, sir.

Q. And this is May 8, 2010, which was the date of what?

A. That was the date of the election.

Q. Okay. And we heard testimony earlier today that the

civil trial was filed somewhere in the days of the 11th/12th,

didn't begin in earnest until later in the month of May.

MR. HEATH: Objection. He's interjecting facts

that she's not aware of.

MR. WHITE: I have a question at this time.

THE COURT: All right. Your response? You said

you have a question?

MR. WHITE: Yeah, I hadn't asked my question

yet. I was just going to ask her --


MR. HEATH: He's already made the suggestion.

THE COURT: All right. Complete the question

and then you'll have the opportunity to re-urge your objection

if you feel compelled.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


153

But, go ahead.

Q. (BY MR. WHITE) Are you aware of that information or

do you have any information to the contrary?

A. I am aware of that information. It came in the

referral.

Q. And we see stays starting by Mr. Jenkins again on

what date?

A. The night of the 29th of May; then the night of the

30th; and checked out on the 31st. Oh, I'm sorry. Did not

check out. It rolled over to the next month. Pardon me.

Q. And do we -- don't recall whether it was a different

room that was booked; but whatever the case, do we have

continuous stays all the way through the 14th of June?

A. Yes, sir.

Q. And then from June 15, 2010 to the date of your

subpoena response, which was -- please refresh my memory, the

date of the records that were provided to you.

A. The business records affidavit was signed July 26,

2011.

Q. So, from June 15th of 2010 to late July of 2011, how

many rooms do the records of the Residence Inn reflect that

Mr. Jenkins stayed that year?

A. Over that year, zero.

Q. Now, besides the Residence Inn records, Sergeant

Bowlin, did you have the opportunity to request records from

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


154

Texas Department of Public Safety, for example, or the DMV?

A. I did, yes, sir.

Q. One or both of those?

A. Both.

Q. And did you have an opportunity to request

information from the Secretary of State, business records?

A. Yes, sir, I did.

Q. At this time, Sergeant Bowlin, I'm going to show you

what's marked as State's 38. And what records did you request

from the Secretary of State regarding Mr. Jenkins?

A. I believe I requested without -- I don't know the

exact verbiage of what I submitted. It would have been any and

all records pertaining to Mr. Jenkins and World Wide

Microsystems.

Q. And World Wide Microsystems is what?

A. Mr. Jenkins' business.

Q. Okay.

MR. WHITE: At this time, State offers State's

38, which is certified Secretary of State business records for

World Wide Microsystems.

MR. HEATH: Your Honor, I need to review it just

a little bit more.

THE COURT: Okay.


THE COURT: They are admitted.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


155

Q. (BY MR. WHITE) Which documents did the Secretary of

a State respond with?

A. They responded with a series of, looks like, 12

different sections and articles of incorporation, a public

information report, a change in registered agent/office, and

numerous public information reports, pretty much yearly from

2003 to 2011.

Q. Okay. And even including back in 2002 and 1999 for

one of those documents?

A. Yes, that's an article of incorporation, the public

information report, and the change of registered agent.

Q. If we flip to the public information reports for the

relevant time period. And let's just go to 2009, which is the

year prior to the election. Is this the report from 2009?

A. Can you move that up about an inch? Yes. Yes, sir.

Q. Okay. And here it says taxpayer name which is?

A. World Wide Microsystems, Inc.

Q. And the mailing address?

A. Is 16 Pastoral Pond Circle, The Woodlands, Texas

77380.

Q. And below that, there is an area entitled "entity's

principal office;" and right below that, "principal place of

business." Appears to be the same address listed in both

sections. And what is that address?

A. It is the same, 16 Pastoral Pond Circle, The

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


156

Woodlands, Texas 77380.

Q. And in the next section it has officer's president

and secretary, both Jim Jenkins. Same address?

A. Yes, sir.

Q. And at the bottom, we have a signature. And what's

the date of that signature?

A. That reads April 13, 2009.

Q. And if we flip to the report from 2010.

A. Yes, sir.

Q. We look up at the top of this form. We have taxpayer

name, mailing address, again. Principal office address.

Principal place of business. All the same addresses are on

this form as are on the previous form, correct?

A. Yes, sir.

Q. And what is the address listed for all of those

fields?

A. The same as the previous year, 16 Pastoral Pond

Circle, The Woodlands, Texas 77380.

Q. And this form was signed and dated on what date?

A. July 7, 2010.

Q. And when was that in proximity to the election?

A. Almost exactly two months after the election.

Q. And if we look at the last document provided in 2011.

A. Yes, sir.

Q. Do we have any change of address?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


157

A. No, sir. It's the same as all the previous years.

Q. And that's signed as of what date?

A. That would be May 13, 2011.

Q. Did you request Department of Public Safety records

for all ten voters in this election?

A. Yes, sir, I did.

Q. And what's the basic contents of these records?

A. Driver's license application, driver's license data,

current changes, prior changes.

MR. WHITE: At this time, State's going to offer

certified copies of DPS records of all ten of voters. These

are labeled State's 39 through 47.

The State has tendered State's 39 through 47, as

well as 48, which is the final one to defense counsel for

review and offer it.


THE COURT: They are admitted.

Q. (BY MR. WHITE) Take a look at State's 39 for us,

please, Sergeant Bowlin. Whose records are those?

A. All of these records pertain to a Mr. Adrian Heath.

Q. And what is the address that is listed as the address

associated with that driver's license for Mr. Adrian Heath?

A. 43 West Stony Bridge Court, The Woodlands, Texas

77381.

Q. And I'm showing you State's Exhibit 17, which is the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


158

Road Utility District map. Hoping it will focus so that you

can read that. Tell me if you can read these letters.

Do you see that as being the same address for

Adrian Heath listed on the map, State's 17?

A. Yes, it is.

Q. All right. And are there any other addresses listed

in this packet that you found?

A. For Mr. Heath?

Q. For Mr. Heath. Specifically, is there a reference of

a 9333 Six Pines?

A. No, sir. There's no change of address to 9333 Six

Pines in The Woodlands.

Q. So, as of what date were those records created?

A. When did I get them back?

Q. When were the records certified to you?

A. They were certified the 12th day of August 2011.

Q. And on that date then, Adrian Heath's residence to

the Texas Department of Public Safety was?

A. 43 West Stony Bridge Court, The Woodlands, Texas

77381.

Q. Thank you. Let's move onto Exhibit 40, please.

Whose records are these?

A. These pertain to Mr. James Alan Jenkins.

Q. Now, what is the address listed for Mr. Jenkins as of

the 16th day of August 2011?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


159

A. That lists 9333 Six Pines Drive, The Woodlands, Texas

77380.

Q. And going back through the documents, do you find any

other addresses?

A. Yes. I'm seeing, I believe, two other addresses in

addition to Six Pines.

Q. And is one of those addresses the number that's on

the map, 16 Pastoral Pond in The Woodlands, Texas?

A. Yes, sir. Pastoral Pond Cove, The Woodlands. I

believe that's 77380. Correct. Yes, sir.

Q. Okay. And on State's 41, who does those records

belong to?

A. Mr. Thomas Curry.

Q. What is Mr. Curry's address listed in this?

A. 9333 Six Pines, The Woodlands, Texas 77380.

Q. And as of what date?

A. That was same day, 16th day of August 2011.

Q. Now in the year of 2011, we just looked at Marriott

records --

A. Yes, sir.

Q. -- that went all the way to July 26th, if memory

serves me; is that correct?

A. Yes, sir.

Q. Were there any stays in the year 2011 for either

Mr. Curry or Mr. Jenkins?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


160

A. No, sir, there were not.

Q. Okay. In State's 42, whose records are these,

please?

A. Mr. William Mervin Berntsen.

Q. And what is the address listed for Mr. Berntsen?

A. It lists 32 North Rain Forest Court, The Woodlands,

Texas 77380.

Q. And does that information match the information on

State's Exhibit 17, the map?

A. Yes, sir, it does.

Q. State's 43 I'm handing you. Whose records are these,

please?

A. Mr. Peter Joseph Goeddertz.

Q. And what is the record address for Mr. Goeddertz,

please?

A. It is listed as 15910 Hartman, Magnolia, Texas 77355.

Q. Now, Sergeant Bowlin, is it a legal requirement to

update your address on your driver's license with the correct

information?

A. Yes, sir, it is.

Q. And when that information changes, is there a time

period with which you have to reply and respond and update that

information?

A. Yes, sir.

MR. HEATH: Objection, Your Honor. He's asking

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


161

her legal issues. I don't believe she's been proven up as an

expert here, so we would object.


MR. WHITE: I can backtrack, Your Honor.

THE COURT: I'll sustain the objection until you

can put forth a better foundation so that she can answer.

MR. WHITE: Fair enough.


Q. (BY MR. WHITE) Sergeant Bowlin, do you have

experience and knowledge with the requirements regarding

driver's licenses and issuing of them?

A. Yes, sir. As a Texas peace officer, you're required

to.

Q. And what is the training that you received in order

to understand the requirements?

A. You're required to go over traffic code, penal code,

Code of Criminal Procedure, a variety of things. And in

traffic code would be where that requirement is to update your

driver's license.

Q. And where did you receive that training?

A. That was in Austin. I've been a police officer for

over ten years. Would have been about 2003.

Q. And was that a part of a larger course?

A. Right. It's a peace officer sequence course or an

academy that you go through. So, it's a mandated number of

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


162

hours before you can become certified as a police officer.

Additionally -- in addition to that, I went through undergrad

and graduate school both in criminal justice. So, I'm familiar

with those codes.

Q. And did you receive your certifications as a peace

officer?

A. I have. You start off as a basic peace officer, then

you get intermediate, then advance. After a number of years

and experience, you end with a master peace officer

certificate, which is what I currently hold.

Q. Okay. And based on your experience and your

qualifications and your certifications as a master peace

officer, do you know that -- do you know whether there's a

requirement to update your information on your driver's

license? Should it change within a certain period of time?


Q. And what is that period of time?

A. It's been a long time since I wore a uniform. I

believe it's 30 or 60 days. I'm --

MR. HEATH: I'm going to renew my objection,

Your Honor.


Q. (BY MR. WHITE) And your answer was?

A. I believe 30 to 60 days. I'm going to have to

specifically reference the traffic code, but it's in that time

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


163

frame.

Q. But bottom line, there is a requirement to update

valid information to the Department of Public Safety in order

to maintain your driver's license?

A. Yes, sir, absolutely.

Q. Okay. In regard to State's Exhibit 44, these are the

driving records of who, please?

A. Mr. Richard Crawford McDuffee.

Q. And what address is listed for Mr. McDuffee?

A. 27907 Hansons Court, Spring, Texas 77386.

Q. And does that match the information on State's

Exhibit 17?


Q. With regard to State's 45, whose records are these?

A. Belong to Sybil Donecker Doyle.

Q. And what address is listed for Ms. Doyle?

A. Listed as 16728 Bending Oak in Conroe, Texas 77385.

Q. And does that match the information on State's 17?


Q. With regard to State's 46, these are the records of

whom, please?

A. Ms. Roberta Margaret West.

Q. And do you know Roberta Margaret West from the

contents of that document to be the same as Roberta Margaret

Cook?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


164

A. Yes, sir. I believe one was a married name and one

was a maiden name.

Q. Okay. What address is listed for Ms. West or Ms.

Cook?

A. It is listed as 607 Sycamore in Conroe, Texas 77302.

Q. And does that also match the information on State's

17?


Q. And all these documents were certified around the

same time, which was what?

A. The 16th day of August 2011.

Q. And some of them are on a slightly different date; is

that correct?

A. I believe the same week. Some looks like August 12,

2011. And then August 16, 2011.

Q. Okay. And the final two documents here, State's 47

and 48 belong to which two individuals respectively?

A. 47 belongs to Benjamin Murray Allison. And 48

belongs to Robert Dabney Allison.

Q. And what are the addresses listed on those driver's

licenses?

A. Both 47 and 48 are both -- Robert and Benjamin both

list the same address of 14993 Boyd Lane in Conroe, Texas

77306.

Q. And did that also match the information on State's

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


165

Exhibit 17?

A. It does, yes, sir.

Q. Thank you. Sergeant Bowlin, I'm going to show you

one last exhibit here. State's 49. Did you request these

records also?

A. Yes, sir, I did.

Q. And what are these?

A. Texas Department of Motor Vehicles vehicle

registration records.

Q. And what is the vehicle registration again for us?

A. When you purchase a vehicle, you -- address where you

would pay taxes on what county you're in. So, that would be

the address that you listed at the time.

Q. And who maintains those records?

A. The Texas Department of Motor Vehicles.

Q. All right.

MR. WHITE: State offers State's Exhibit 49,

which are certified copies of Texas Department of Motor

Vehicles records.

Q. (BY MR. WHITE) Sergeant Bowlin, the records in

State's 49, could you tell us whose records these are? And

there's several in there.

A. They're records for Mr. James Jenkins, Mr. Tom Curry,

Mr. William Berntsen, Mr. Richard McDuffee, James Doyle,

Roberta West, and Benjamin Allison.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


166

Q. And who is James Doyle? His name has come up prior

in the trial, but who is he, if you know?

A. I believe he is the spouse of Sybil Doyle.

Q. Okay.

MR. WHITE: State offers State's 49, certified

Texas Department of Motor Vehicles records for those

individuals.

MR. HEATH: Your Honor, no objection as to

Mr. Jenkins. The rest of them I think are irrelevant. So,

I'll object to them.

THE COURT: All right. They are admitted. And

your objection as to those particular exhibits is overruled.

Q. (BY MR. WHITE) And as your flip through those

records, Sergeant Bowlin, did you see any addresses that were

different than the addresses that were listed on State's

Exhibit 17, which we just looked at?

A. I don't recall. Can I see it?

Q. Tell you what we will do, we'll just flip through it

real quick.

A. Okay.

Q. First page, is this the same address for Mr. Jenkins?

A. Yes, sir.

Q. There's a PO box for Mr. Curry, is there not?


Q. But over here, the mailing address is a 13238

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


167

Stonecrest?

A. Yes, sir.

Q. Is that the same address as State's 17? Give you a

copy to refresh your memory.

A. Yes, sir, it is.

Q. Okay. Here we have Mr. Berntsen. Vehicle is

registered to 32 North Rain Forest Court.

A. Yes, sir.

Q. And is that the same address that is listed on

State's 17?

A. Yes, sir, it is.

Q. For Mr. McDuffee, same address that's on State's 17?

A. Yes, sir.

Q. Same again?

A. Yes, sir.

Q. Same again?

A. Yes.

Q. For James and Sybil Doyle, same address as is on

State's 17?

A. Yes, sir.

Q. For Roberta West, same address?

A. Yes, sir.

Q. And for Benjamin Allison, same address on Boyd Lane

in Conroe, Texas?

A. Yes, sir.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


168

Q. Was the address 9333 Six Pines Drive listed in any of

these vehicle registrations?

A. No, sir, it wasn't.

MR. WHITE: Pass the witness, Your Honor.

MR. HEATH: I do have a few questions, Your

Honor. May I proceed?

THE COURT: Yes.

CROSS-EXAMINATION

BY MR. HEATH:

Q. Let me show you what's been marked as State's Exhibit

Number 40. It's already been admitted into evidence, but if

you can take a look at it and familiarize yourself with it. I

think that's the license records of Mr. Jenkins, right?

A. Yes, sir, I believe so.

Q. Now, you indicated that he did change his license

residence to that Six Pines address, did you not?

A. Yes, sir.

Q. And isn't it a fact he did it within 60 days?

A. 60 days of?

Q. Of when he declared his residence to be that in the

voter registration form?

A. I see an image date of May 24, 2010.

Q. So, from April 5th to May 24th that's within 60 days,

isn't it?

A. I don't see the -- if the image date is the date that

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


169

it was changed, then, yes, if that's what you're asking. I'm

sorry.

Q. So if -- I know you weren't clear on whether it was a

30 or 60 day rule. But if it was a 60 day rule, he was within

the law, was he not, in so registering a change of address?

A. If that's the date that the change was done, if

that's what you're asking.

Q. Yes, ma'am.

A. Yeah. Sure.

Q. All right.


Your Honor.

MR. WHITE: Nothing further from the State.

THE COURT: May this lady be excused?


THE COURT: Okay. You are --

MR. HEATH: Except she is aiding them as an

assistant. So, you know, I'm -- I want her to stay under the

rule.

THE COURT: All right. We'll discuss it later

this evening.

But as of this time, you're still under the

rule. Thank you, ma'am.

All right. How about just a five-minute break.

Stretch our legs and we'll go for the final round for today.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


170

(SHORT BREAK TAKEN)

THE COURT: State call your next witness.

MR. WHITE: The State calls Richard McDuffee.

THE COURT: Sir, please raise your right hand.

(WITNESS SWORN)

THE COURT: Please have a seat. Thank you.

RICHARD MCDUFFEE,


DIRECT EXAMINATION

BY MR. WHITE:

Q. Good afternoon, Mr. McDuffee.

A. Good afternoon.

Q. Please introduce yourself to the jury.

A. Richard McDuffee. Spring, Texas, is my residence.

Lived in the county for about five years now again. My second

time.

Q. And do you go by Richard or...

A. Most people call me Rick.

Q. Okay. Could you spell your last name for the court

reporter?

A. M-C-D-U-F-F-E-E.

Q. Mr. McDuffee, you were just telling us about how long

you've been a member of the community. What was that again?

A. Approximately five years. We were in the county for

seven years and left for three to North Texas and moved back

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


171

about five years.

Q. And where do you live, sir?

A. I live at 27907 Hansons Court, Spring, Texas 77386.

Q. Is that in a subdivision?

A. That's in the subdivision of Benders Landing Estates.

Q. Okay. Be sure you speak up and annunciate so

everyone can hear you and the court reporter can take down your

testimony, please.

A. Tie is a little tight.

Q. Mr. McDuffee, do you know the defendant, James

Jenkins?

A. Yes, I do.

Q. And do you recognize him in the room sitting at

defendant's table?

A. Yes, I do.

Q. How did you first hear about The Woodlands Road

Utility District?

A. I received a call at my residence and saying there

was going to be a big meeting at Jim's place and that if I

could make it to be there that evening.

Q. And did you attend that meeting?

A. Yes. I attended that meeting, yes.

Q. And do you recall the month and year of this meeting?

A. Best of my recollection it would have been in

probably March of this year. Correction. You can tell I'm a

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


172

little nervous.

Q. It's okay. Take your time.

March of what year, Mr. McDuffee?

A. 2010.

Q. 2010. So, three years ago?

A. Three years ago, yes.

Q. And was this then roughly two months before the

May 8, 2010 Woodlands RUD election?

A. I would say somewhere in that area. I was -- didn't

know what the meeting was going to be about. Wasn't really --

wasn't too interested.

Q. And were the meetings at -- you say, "Jim's." Was it

Jim's home or his place of business? Where was the meeting?

A. His place of business off 2920 in Harris County.

Q. Okay. And just for the record, that's not inside The

Woodlands Road Utility District?

A. No.

Q. Mr. Jenkins' home, you know that to be where?

A. The south part of -- off of Sawdust Road in The

Woodlands.

Q. Okay. Not inside the Road Utility District?

A. No.

Q. Okay. And at this first meeting, you said you

received a call. And were you informed at that time that it

was about the --

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


173


It's leading, suggestive, and -- well, those are my objections.

THE COURT: Okay. Complete your question and

then we'll give Mr. Heath an opportunity to object.

Go ahead.

MR. WHITE: And if it was a bad question, I'm

happy to ask it a different way.

THE COURT: Well, if you want to start over, you

could.

MR. WHITE: Let's do that.

THE COURT: Okay.

Q. (BY MR. WHITE) Did you know what the meeting was

about, Mr. McDuffee, before you went?

A. Not to my recollection, no.

Q. Okay. So, when you got to the meeting at Jim's

office, what was proposed to you?

A. Meetings didn't start until like 30 minutes. Jim was

there. I think Jim Doyle was there. From what I remember, we

were waiting for Adrian to show up because it was his

information.

Q. And by "Adrian," you mean whom?

A. Adrian Heath.

Q. And by "his information," you mean what information?

A. He was the one that had uncovered the RUD and how

it's run and how the elections were run. The fact that there

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


174

never an election in the RUD.

Q. And you mentioned the name Jim Doyle as well. His

name has come up in this trial. Who is he?

A. Jim Doyle is probably one of the longest ones that's

been associated with Jim to my knowledge. Signing open record

requests, signing complaints against politics --

MR. HEATH: Objection, Your Honor. It's not

responsive.

THE COURT: I'm sorry. There's a big horn

outside.

MR. HEATH: I understand.

THE COURT: There's a train that must be coming

right down the street.

MR. WHITE: I'll object to the horn, Your Honor.

THE COURT: Well, it's a sign that someone's

going on a journey.

You make an objection for what?

MR. HEATH: Our objection is that it was

nonresponsive.

THE COURT: All right. Sustained. Ask your

next question.

Q. (BY MR. WHITE) Who is the person, Jim Doyle,

Mr. McDuffee?

A. Jim Doyle is one of the gentleman I'm associated with

when I'm at Jim Jenkins' office. Other than that, that's the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


175

only other time I know Jim.

Q. And is he married to Sybil Doyle?

A. He's married to Sybil Doyle, yes.

Q. Okay. Is Mr. Doyle a part of this group that

regularly met at Jim's office?

MR. HEATH: Objection. Leading.

THE COURT: Sustained. Rephrase, please.

Q. (BY MR. WHITE) Is Mr. Doyle -- what -- tell me who

is in this group of people that meets regularly at Mr. Jenkins'

office?

MR. HEATH: Objection. Relevance unless there's

a time period placed on it.

THE COURT: Any response?

MR. WHITE: Well, my understanding --

THE COURT: It is pretty open-ended.

MR. WHITE: My understanding was that the time

period that we were dealing with was the one precedent to these

questions which was meeting at that office.

THE COURT: I'm going to sustain the objection

as the question is asked, but you can rephrase it to condition

it upon a time period.

Go ahead.

Q. (BY MR. WHITE) Mr. McDuffee, again, we're talking

about this first meeting that you testified earlier that took

place at some point in March of 2010, that there was a group of

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


176

you that meet at Jim Jenkins' office.

A. Correct.

Q. Who all was at that meeting?

A. Best I remember there was Jim, Jim Doyle, Pete

Goeddertz, and Adrian Heath, and myself.

Q. And what was discussed at that meeting?

MR. HEATH: Your Honor, I think it's going to

call for hearsay. That's our objection.

THE COURT: Okay. Response?

MR. WHITE: Your Honor, I believe the statements

at this meeting -- couple of things.

First off, that they'd be statements by

co-conspirators, the people that were involved in this scheme

to take over the RUD.

And, second of all, probably the statements are

not going to be offered for the truth of the matter asserted in

the first place.

THE COURT: So for what purpose?

MR. WHITE: For the purpose of showing this

scheme and who was members of it.

MR. HEATH: Your Honor, I'm just going to renew

my objection that it's going to call for hearsay. It's also

going to call for -- Mr. Doyle has not been alleged to be part

of anything. He's not been charged with any offense.

We would object to these -- the comments that

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


177

occurred in this meeting as being hearsay and possibly

statements by co-defendants as well.

THE COURT: Okay.

MR. HEATH: Conspiracy has not been alleged in

this case.

THE COURT: I understand. It hasn't been, but

it can nonetheless be admissible even though it's not alleged

in the indictment.

Anything else to add?

MR. WHITE: In response to that, the conspiracy

that the State alleges is not indicted illegal voting offenses,

but the scheme to take over the Road Utility District, which

may have well included more individuals than just the ones

indicted and lasted a longer period of time than just the

voting.

THE COURT: Okay. What's your response to that?

MR. HEATH: I'm going to renew my objection that

it's calling for hearsay. It's also, I think, objectionable

because --

THE COURT: Okay. Why don't we discuss this up

here for just a moment, okay?


THE COURT: Really -- let's make sure that we

can find all our proof here to what's relevant to the

allegations in the indictment, not some global charge to take

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


178

over the world --

MR. WHITE: Sure.

THE COURT: -- but what's been charged in the

indictment.

So, in relation to that, again, you're

proffering the evidence in relation to the relevancy to what's

charged in the indictment for?

MR. WHITE: The -- this is the initial meeting

of where the idea of the Road Utility District vote was

proposed to the small group of individuals that are a group

that Jim Jenkins being the leader of that group.

THE COURT: Well, they are entitled to produce

some information that is admissible for purposes of what's res

gestae to the offense, also toward motive; the scheme, how it

was perpetrated, how it was planned; and that's admissible if

it's relevant. But I just don't want to -- you mentioned

something about it doesn't have -- it had something to do with

something outside the bounds of the indictment, which I don't

prefer to get into.

MR. WHITE: Well, if I said something like that,

I probably didn't use the best language.

THE COURT: Okay. Keep it to what is connected

with proof relating to the elements of the offense as you

believe them to be in your strategy in proving your case.

And I understand your objection --

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


179

MR. HEATH: Yes, sir.

THE COURT: -- but it's overruled.

MR. HEATH: All right.


THE COURT: Proceed, please.

Q. (BY MR. WHITE) Mr. McDuffee, did you discuss with

Mr. Jenkins the idea of voting in the Road Utility District?

A. At what time?

Q. At the time of -- in March of 2010.

A. Yes, there was meetings. I was at Jim's office and

it was brought up, yes.

Q. Did Mr. Jenkins express a desire for you,

specifically, to take a part?

A. Yes.

Q. And what was that role?

A. At the beginning it was just to get change of

residency so he can be in the -- be in the district. And at a

later date it was -- I filled out the campaign application. I

would be the president.

Q. So, if I'm hearing you correctly, the plan was for

you to run as a candidate for the Board of Directors of The

Woodlands Road Utility District; is that correct?

A. Yes.

Q. And you were to be, in fact, the president?

A. Yes.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


180

Q. And how was that distinction bestowed upon you?

A. It was offered and I accepted. The other two

gentlemen didn't express any desire to be president of the

board.

Q. And the other two gentlemen were whom?

A. Pete Goeddertz and Bill Berntsen.

Q. Okay. And did Mr. Jenkins give you any instructions

or indicate how he wanted you to proceed should you be elected

to the Board of Directors?

A. The instructions were, in fact, to be elected, become

president, pay off the bills, and turn the lights out. To shut

it down. Close the door.

Q. To shut down the Road Utility District?

A. The RUD.

Q. Did you, at some point weeks later, pick up a

registration card and change your address? And by that I mean,

your voter registration. Did you fill out a voter

registration?

A. I filled out a voter registration at Mr. Jenkins'

office.

Q. At Jim Jenkins' office?

A. Correct.

Q. And that was in what month; do you recall?

A. I would say April. Over 30 days out from the

election.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


181

Q. Okay. And was it before that or after that that you

had filled out your application for candidacy?

A. Before.

Q. Okay. Do you remember receiving a letter at any

point regarding this matter?

A. Yes, it was from Montgomery County District

Attorney's office, Brett Ligon. It was signed by, I believe,

First Assistant Phil Grant.

Q. And I'm not going to ask you about the contents of

that letter, but what did you take that letter to indicate to

you?

A. Danger. This wasn't going to be a walk in the park.

It was not something taken lightly.

Q. And did that cause you concern?

A. Yes. Questions were raised about it, informal

discussions about it, talked with some, I'd say, lawyers in the

county not on time, just asking their input. And it was more

of a way down, maybe very vague anything would happen.

Q. Now, you were running for president of the board.

Were you the leader of this group?

A. No.

Q. Who was the leader? If you had to say there was a

leader of this group, who would that have been?

A. Mr. Jenkins.

Q. Mr. Jim Jenkins, the defendant?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


182

A. Mr. Jim Jenkins.

Q. And why would you say that he was the leader of this

group?

A. Everything flowed out of Jim's office. The things

that we've done in the past that were --

MR. HEATH: Objection, Your Honor. That's not

responsive to the question. And it's also completely out of

the time frame we're talking about.

THE COURT: All right. As to that portion of

his objection, I sustain. If you can make sure it's relevant

to the allegations in the indictment.

Q. (BY MR. WHITE) And going forward, if we can,

Mr. McDuffee, just to keep your comments as much as possible

toward the Spring of 2010, in that time period.

But just as background coming into this whole

scheme, was Mr. Jenkins the leader to you, the group

personally?

A. Yes.

Q. Okay. And what was his role specifically with the

RUD voting idea?

A. First I heard about it was from Mr. Jenkins.

Q. What was the plan?

A. The initial plan or as it expanded?

Q. Let's talk about the initial plan to -- we've already

registered to vote. What was the initial plan in terms of the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


183

Residence Inn and vote?

A. There was piece of paper posted on the wall on

Mr. Jenkins' office; and when you filled out your voter

registration card, you wrote down the address at the Residence

Inn in The Woodlands.

Q. That information you're saying was on the sheet in

Mr. Jenkins' office?

A. Correct.

Q. And after you filled out your registration, did you

receive a voter card in the mail?

A. Yes.

Q. And from then on, what was the plan of the group in

terms of voting and if there were any plans to stay at the

Residence Inn, physically stay at all?

A. There was never a meeting I was involved in that was

staying at the Residence Inn prior to the election of -- I'm

sorry. Could you repeat that?

Q. I'm just asking you what the plan was, that you're

aware of, of the group, of Mr. Jenkins specifically, in regards

to voting the May 8, 2010 election?

MR. HEATH: Your Honor, that's been asked and

answered.


A. We had the initial ones to change the votes, all of

the ones who were also in the original trial. Plus, I was

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


184

asked to find -- or get my wife to change her address to the

Residence Inn. That we wanted more than ten.

Q. (BY MR. WHITE) Did you ask --

THE COURT: I need to see the lawyers up here,

please. Thanks.


THE COURT: Audley, you're not paying attention.

Your client is shaking his head in response to the questions

and I --

MR. HEATH: I'm sorry.

THE COURT: -- and I perceive that to be --

trying to make nonverbal communication to the jury and trying

to influence them.

MR. HEATH: I'll tell him to stop, Judge.

THE COURT: Urge him not to do that. Next time

I see that, I'll do it. And if it's in front of the jury, it

doesn't help him at all.

MR. HEATH: I understand, Judge.

THE COURT: Thank you for -- I know he may be

unhappy about what he's hearing, but he doesn't need to be

expressing it with indications that are obvious to everybody.

You're looking down and writing and you're not looking at him,

but he's doing it.

MR. HEATH: I appreciate that.

THE COURT: Thanks.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


185


THE COURT: Okay. Go ahead.

Q. (BY MR. WHITE) So, did you, in fact, ask your wife

to vote in this scheme?

A. I can't answer yes or no on that.

Q. Don't recall?

A. Being that she has a state license, I did not feel

that she would be comfortable with that. I did ask a neighbor.

Q. Okay. But you were asked by Mr. Jenkins to recruit

more or less?

A. The general consensus was, get more than just you to

change their voter registration, to me.

Q. Okay. Now, the evening of the -- before the

election, which would be Friday, May 7th, the election being

Saturday, May 8th --

A. Correct.

Q. -- the records of the Residence Inn indicate that two

rooms were rented by individuals in this voting group of ten.

Is that your understanding as well that two rooms were rented

that night?

A. I knew there was a room. I do not recall if there

was more than a room.

Q. Okay. Were you supposed to be sharing a room with a

group of individuals on that night?

A. No.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


186

Q. Did you, in fact, stay that night at the Residence

Inn?

A. No.

Q. Did you stay any night prior to that night at the

Residence Inn prior to voting?

A. No.

Q. Did you stay any night after that night at the

Residence Inn?

A. No.

Q. Have you ever stayed a night at that Residence Inn?

A. No.

Q. Now, after the election took place, you were one of

the three that had actually received the most votes in the

election, correct?

A. Correct.

Q. How did you find out that those results were not

going to be certified?

A. We all went to the next board meeting of the RUD and

put a canvass into the vote and that's when we learned that

they were not going to canvass the vote.

Q. And knowing that, what did -- what did the group do?

A. Not being in the legal -- or into elections, the

group had no idea what was going to happen.

Q. So, what was the next course of action for the group?

A. I believe the -- because the very following day after

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


187

the RUD's board meeting, very soon after was when we got the

first official notice that we were going to be taken to court.

Q. Okay. And after the group members -- or the group

received word that this matter was going to court, what did the

group do in response to that?

A. A lot of meetings or talking. Not meaning everybody

because if you were there, you heard something and if you

weren't there, you didn't hear it. I'm trying to put it into

few words as possible.

The biggest thing is when we were told by my

attorney was to meet at his office and have a reason for why

you moved out of your residence to the Residence Inn.

Q. And did you have a reason?

A. I had a made-up reason.

Q. What was that made-up reason?

A. I had a security license and insurance license and I

needed to be in the center of the area to be able to do sales

and compliance.

Q. What was the real reason?

A. To vote in the RUD.

Q. And did you or, to your knowledge, any of the other

voters actually move to the RUD?

A. No.

Q. Do you remember any of the other -- do you remember

the made-up story for Mr. Jenkins, if there was one?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


188

A. I was not present when he was there on that Saturday.

I'm trying to think of the brothers.

Q. So, you don't know specifically Mr. Jenkins?

A. No. No.

Q. Did you hear some of the made-up reasons of other

members of the group without going into them?

A. I had bits and pieces when I would interact with

someone else or run into one of the others.

Q. In addition to coming up with reasons for

quote/unquote moving into the Residence Inn, what were some of

the other things that the group did in preparation for this

civil trial?

A. Rent more rooms, meet for breakfast at the Residence

Inn. Ben and Robert, basically was given a room to stay in

paid by others. Later on -- forgive me. I'm not real good

with names even though I should know them. Moved into the room

into the Inn. Tom Curry and his wife, but that was way later.

Mainly two rooms either we could stop by, put

some clothes in a room, if I had a pad key to, and leave; and

show up the next morning for breakfast.

Q. So, you actually participated in some of these

activities?

A. I participated in some of these activities, yes.

Q. And you would bring items from home, clothes, put

them in a room?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


189

A. Yes.

Q. But never stay the night?

A. Never stayed the night.

Q. And at these breakfasts or get-togethers that the

group had at the Residence Inn, you would be there for some of

those as well?

A. Yes.

Q. You -- were you just making an appearance?

A. Basically, yes.

Q. And for what purpose?

A. Make sure the front desk knew your name; have mail

sent there and have it held at the front desk; take pictures in

the morning and make sure the newspaper was in it, obviously,

say I was there, others were there making sure their faces were

in the pictures also.

Q. I'm going to show you what's been marked as State's

Exhibit 33. I'm actually going to tender this to counsel first

and then I'm going to show you a copy. Do you recognize these?

A. Oh, yes.

Q. And what are those, Mr. McDuffee?

A. That is the Residence Inn's breakfast area.

Q. Flip through those pages, if you would, and make sure

you recognize all those photos.

THE COURT: All of those are collectively

referred to as State's Exhibit 33?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


190


MR. HEATH: Your Honor, I can speed it up for

you. No objection.

THE COURT: Admitted.

Q. (BY MR. WHITE) And, Mr. McDuffee, are these, in

fact, the photos that were admitted by the group of eight at

the civil suit who joined as intervenors in the case against

the RUD? Let me break that down a little bit more.

Do you see the notions here on Exhibit 33?

A. Yes, I see those.

Q. And what do those notions say?

A. 18(a), (b). Goes through the alphabet.

Q. And the word before Exhibit is what?

A. Intervenors.

Q. And that was you guys, correct?

A. Correct.

Q. And the group of eight that decided to join as

intervenors and intervene in the lawsuit against the RUD; is

that correct?

Or am I mixing up the legal -- explain it to me,

please.

A. This is after the votes. These are the intergroup

that were -- voted in the vote. And when we knew we were going

to trial, then it was sped up. Breakfast. I'm sitting there

with some of my paperwork at the time like I was working.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


191

Others were coming and going, reading the newspapers. That was

all posed.

Q. Okay. Let me jump right back. The question I'm

asking is just a background question is: Do you recall that

your group offered these at trial or not? That's fine if you

don't.

A. I do not know.

Q. Okay. But these are fair and accurate pictures of

the group of you at the Residence Inn?

A. Yes. I was --

Q. Do you happen to know who these were taken by?

A. It was whoever had a camera that day. Tom Curry.

Jim had a camera. I had a camera. I think Bill Berntsen

brought a camera. It was never everybody had a camera at once.

Q. Okay. I'm showing you first photo here. And this

individual is whom, please?

A. That's Jim Jenkins.

Q. Okay. And who is this individual right here?

A. That's Jim Doyle.

Q. Jim Doyle. That's the husband of Sybil Doyle, if I'm

correct.

A. Correct.

Q. This individual back here is whom?

A. Adrian Heath.

Q. And do we recognize this one? Or can we make him out

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


192

in the picture?

A. I would have to guess.

Q. That's okay. We don't need to guess.

And down here, the next picture is? This you?

A. That's me, yes.

Q. And what are you doing in this picture, if you

remember?

A. This is probably a portfolio I had on a client and,

like, reviewing the documents, whatever I was doing with them.

Q. Is that typically how you review a document out here

to your right?

A. No.

Q. Was this a posed photograph?

A. Yes.

Q. How about this one?

A. Yes. That was -- that's Prime America that was who I

was an agent with, independent agent. And that's probably just

a standard letter I got, I received.

Q. What's the purpose of showing business papers in

these photos at the Residence Inn?

A. I was supposed to be in the district doing business.

Q. That was your -- is that your story?

A. That was my story, yes.

Q. Okay. And these individuals at the table here? This

appears to be the backside of the table from photo one on the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


193

cover. Are these the same individuals as we mentioned before?

A. Yes.

Q. This is Adrian Heath?

A. Adrian Heath.

Q. Jim Doyle? This would have Jim Jenkins back here

then?

A. Right.

Q. And do we recognize this individual now?

A. I would think of the size it had to have been Tom

Curry.

Q. Okay. And there seems to be mail on the table. Was

that part of this whole operation, mail?

A. Yes.

Q. What did that have to do with?

A. You mailed to yourself or mail, whatever you had,

mailed to the Residence Inn and have them hold it at the front

desk.

Q. So, you would send mail to yourself?

A. Yes.

Q. Okay. And who is this smiling fellow in the yellow

shirt?

A. That's Bill Berntsen.

Q. And this appears to be Tom Curry then here?

A. Uh-huh.

Q. And would this be self-addressed mail?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


194

A. More than likely. I can't make -- but even I had

mail sent to the Residence Inn.

Q. See if you can make out the wording on it if you look

at your paper copy there.

A. I can make out Tom Curry at the top. And after that,

without a magnifying glass, I would be guessing.

Q. That's all right.

This photo down here of -- would this be

Mr. Berntsen intrigued with the newspaper?

A. Yes.

Q. And we have not seen this person before, I don't

believe. Who is this?

A. That's the brothers. That's Ben and I don't remember

his younger brother's name.

Q. Okay. Ben Allison?

A. Allison. Thank you.

Q. And would it be Robert?

A. Robert. Ben and Robert, yes.

Q. And if you look at your paper copy, I'm not sure if

you can make this out at all, but this document has a seal on

it. And I'm curious if you can make out what that is or if you

have a recollection.

A. No. I can tell that it's some kind of a document.

Q. That's all right if you don't remember. That's just

fine.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


195

Do you know what this photo is?

A. This is the indoor swimming pool at the Residence

Inn.

Q. Okay. Do you know who these individuals are?

A. That would be Mr. Jenkins. I'm assuming that's one

of his grandsons. And Bill Berntsen.

Q. Okay. And by Bill Berntsen, you mean the photo down

here?

A. Bottom of the second one on my page.

Q. Now this -- were you aware of any of the members of

the group bringing family to the hotel to pose for these

photos?

A. I soon recall Jim talk about bringing his grandson.

I do not believe I was there that morning.

Q. Okay. And this fellow with the smirk holding the

Chronicle is who?

A. Tom Curry.

Q. Okay. And what was the purpose of the newspaper

again?

A. Proof of date and time. Newspaper has the date that

it would have been published on.

Q. Now, were these stays before or after the election?

A. After.

Q. All of these photos in here that you have seen?

A. Yes.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


196

Q. And all of them that you flipped through earlier?

A. Yes.

Q. All post-election?

A. All post-election.

Q. Have we seen a photo -- have shown the jury a photo

of Pete Goeddertz yet?

A. I haven't identified him, no.

Q. Is he in this picture?

A. Yes, this is him. Mr. Goeddertz on the right corner

there.

Q. On the right corner here?

A. Yes.

Q. And he's sitting next to? Is this Tom Curry?

A. Tom Curry.

Q. Who is this?

A. Adrian Heath.

Q. And at the bottom here, Goeddertz again?

A. Yes.

Q. Curry and this time?

A. It will be Bill Berntsen.

Q. Berntsen. Okay.

Now, in none of these photos do we have any

pictures of the ladies, Sybil Doyle and Roberta Cook. Why is

that, sir?

A. To my knowledge they were never there. The mornings

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


197

I was there, I never encountered them at the hotel.

Q. Now, these are blurry photos but can you make them

out?

A. I know that one.

Q. Who is this?

A. That's Tom Curry.

Q. The one below it, who is that?

A. His wife.

Q. And this is, again, in the period of time after the

election?

A. After the election, yes.

Q. What was the idea of having the wife along?

A. Prove that he and his wife was living at the Inn.

Q. And here we have a basketball game. Was there a real

basketball game that you know of?

A. There may have been a three or four out shooting

baskets one evening or two. I have witnessed one from

Mr. Goeddertz's room one night. His was on the far wing and

this is were the basketball court is, I believe. And I looked

out there and there was three.

Q. Here we have what appears to be a closet with clothes

in it. What was the purpose of the photos like this?

A. Showing that we had clothes in the apartment -- I

mean, in the Residence Inn. If your closet wasn't empty, well,

you spent the night away.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


198

Q. Now, was that an accurate representation of what was

happening?

A. The only accurate people who would have had clothes

at the Residence Inn would have been the Allison boys.

Q. And if there were two leaders of the group,

Mr. McDuffee, besides Mr. Jenkins, who you already identified,

did -- do you think there's a second leader of the group?

A. Honestly, I could not answer that. The few times I

was ever around when Adrian was at Jim's office. Mostly

everything was flowing out of Jim.

Q. And this is Adrian here holding the -- what appears

to be a voter's registration card; is that correct?

A. Correct.

Q. Adrian's role to the group was what then?

A. On this subject matter, the fact that he had

discovered it, had researched it, looked into it, had made

contact with their attorney, tried to see open records on it,

to that extent is all I would know.

Q. Okay. More of the idea guy is what it sounds like?

Brought the idea to the group; is that what you're --

A. -- some --

Q. -- saying?

A. -- and brought it, yeah.

Q. Okay. To your knowledge, did any member of this

group, prior to the election, have any other reason for staying

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


199

in this hotel other than voting in the election?

A. None that I know of.


MR. HEATH: Your Honor, I would like to take a

break if we could.

THE COURT: Let's go forward.

MR. HEATH: Can't take a break? I need to take

a restroom break.

THE COURT: You got it.

MR. HEATH: Thank you.

THE COURT: No problem. We're going to take

about a five-minute break; ladies and gentlemen. Thank you for

bearing with us.

We're recessed.

(SHORT BREAK TAKEN)

THE COURT: Ladies and gentlemen, during the

recess the State and the Defense discussed an issue. And the

State is requesting the Court to allow the State to allow to

ask the witness some more questions.

And I think that's done without objection by the

Defense?

MR. HEATH: That's correct, Your Honor.

THE COURT: And so --

MR. WHITE: Thank you, Your Honor.

THE COURT: -- the State may proceed on direct.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


200

CONTINUING DIRECT EXAMINATION

BY MR. WHITE:

Q. Mr. McDuffee, there were quite a few rooms rented,

are you aware of, that prior -- or -- prior to the civil trial?

A. Prior to the civil trial, I -- number I did not know;

but, yes, I knew there were rooms being rented.

Q. Okay. And are you familiar with the cost of those

rooms?

A. No. I just donated toward that.

Q. What did you donate?

A. I don't really recall. I don't want to get into the

detail, but there were large sums along the way for rooms.

Q. And whom did you pass that money along to?

A. I couldn't really tell you. At that time, it was

kind of hairy in my life.

Q. Do you know if Mr. Jenkins spent a lot on rooms?

A. Never heard a word as to who, what, when, and where.

Q. At some point was there an issue prior to the

election contest in regards to the night before the vote that

not enough money had been spent on hotels?

A. What I recall was the fact that Residence Inn allows

four per room. Ten of us and two rooms at the Residence Inn.

Q. And that was two rooms?

A. Two rooms. Ten occupants. Ten total.

Q. And did the group see that as a problem at the time

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


201

of the election?

A. No.

Q. Did the group see that as a problem after the

election once the civil trial had started?

A. It was pointed out by an attorney that two rooms for

ten was not going to cut it.

Q. And what does it mean, "not going to cut it?"

A. You can't have married women staying with married men

in a motel room in The Woodlands. They're not married

together. They're not husband and wife.

Q. Now, was anyone called to task for that situation

specifically?

A. My recollection was that the conversation was

appointed to Mr. Jenkins.

Q. And what was Mr. Jenkins' response, if you recall, to

that?

A. I don't believe there was a response.

Q. In your knowledge of Mr. Jenkins -- and how long have

you known Mr. Jenkins?

A. I first became acquainted with Mr. Jenkins in the

90's. I ran for a precinct chair.

Q. Okay. So, since you've known Mr. Jenkins in the

90's, have you known him to be a frugal man or a man that

throws money around?

A. Very frugal.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


202

Q. And when you say "very frugal," what does that mean

to you?

A. There were just never any -- somebody had to pay for

it. It was a group effort. It was me in his office, his

business was working, and if you found a chair, good; and if

not, stand.

MR. WHITE: Approach for an exhibit, please?


Q. (BY MR. WHITE) I'm going to show you, Mr. McDuffee,

on the screen State's 19. These are Residence Inn records for

the period after the election. And if you can make this out,

Mr. Jenkins' name is on this bill along with three other

members of the group; is that correct?

A. Correct.

Q. And this is one night at $189; is that correct?

A. Before tax, yes.

Q. Right. And the total is 213 with tax and some

change?

A. Correct.

Q. And here we've got a list of stays of Mr. Jenkins.

I'll zoom out so we can see the whole list. Can you make out

the amounts here on the side as these rooms total up? We've

got the arrival of May 29th of 2010; departing on June 14th of

2010, which is 16 nights.

Do you see these totals of 842 and change; 841

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


203

and change? On the next page, another 841 and 168 and change?

A. Yes.

Q. And would you say that's a considerable amount of

money?

A. Yes.

Q. And what, again, was going on during those first few

weeks of June?

A. The appearance that we were there continuously or

several rooms being rented at a time. There was not just two

rooms and nothing, two rooms and nothing. More of an

appearance. That was when the Allison's, actually, I believe,

were staying at the Residence Inn during those time periods.

Q. And the purpose of making that appearance was for

what?

A. For the trial.

Q. Now, Mr. McDuffee, you've obviously separated from --

yourself from the group at this point, right?

A. Correct.

Q. And why was it that you chose to do that?

A. After the trial, they wanted to appeal and they

needed the court reporter's record and the attorney was not

going to pay for it and he wanted money.

Q. And at that point -- at some point later, did you

become aware of a criminal investigation into this matter?

A. Well, the word from the attorney was, if you lose

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


204

this appeal, it's going to be criminal.

MR. HEATH: Objection. Hearsay, Your Honor.


MR. HEATH: And ask that the jury be instructed

to disregard --

THE COURT: Disregard the last statement,

please.

MR. HEATH: We would move for a mistrial.

THE COURT: Denied.

You are instructed to disregard the last

statement of the witness and do not consider that at all for

your deliberations, ladies and gentlemen. Thank you.

Q. (BY MR. WHITE) And, Mr. McDuffee, if you'd just

listen to the question as directly as you can. Respond

directly as you can.

Did you become aware that there was a grand jury

investigation into this matter at some point?

A. At what time period are we -- after the first trial?

Q. At -- a criminal grand jury investigation, at some

point did you became aware of that?

A. I became aware, yes.

Q. Okay. And what did you do in response to that?

A. Sleepless nights. Reached out to others. I reached

out to your office.

Q. Okay. And when you called my office, did you speak

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


205

with me on the phone?

A. I left a message.

Q. Okay. And at some point, did we speak together?

A. Yes.

Q. And do you recall what you told me in regard to being

invited to grand jury to testify?

A. Verbatim, no. It was come and tell the whole truth.

Testify before a grand jury and answer the questions

truthfully.

Q. And what was your desire to do at that point?

A. My desire was to get the -- to correct the wrong that

I had done.

Q. And did you, in fact, testify at the grand jury?

A. Yes, I did.

Q. Did you understand that there might exist options for

leniency for people who cooperate and tell the truth in front

of a grand jury?

A. Yes.

Q. Were you promised anything, any leniency of any kind?

A. No.

Q. As you sit here today, are you under indictment for

the charge of illegal voting in this 2010 election?

A. I was not indicted from the grand jury, no.

Q. Are you under any criminal charge for that election?

A. I would say the potential, yes.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


206

Q. Have you been arrested?

A. No.

Q. Okay. Was that as a result of an agreement that you

had in exchange for your testimony at grand jury, that you were

not indicted?

A. I was not aware of that. I came to testify to the

grand jury and let the chips fall.


CROSS-EXAMINATION

BY MR. HEATH:

Q. Mr. McDuffee, it was only after the civil trial that

you began to become worried about your position, is that

correct, with respect to this election?

A. Trying to really think and not get the answer -- I

became concerned with the District Attorney's letter.

Q. All right. Let's talk about that.

You received a letter. You indicated who it was

from. The first assistant, right?

A. Yes.

Q. And -- Mr. Grant, Mr. Phil Grant?

A. Correct.

Q. In that letter, he urged you to do three things,

didn't he? He urged you to seek counsel. And what did you

understand that to mean?

A. That it was serious.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


207

Q. But what did you understand the word "counsel" to

mean?

A. An attorney at law.

Q. All right. Pursuant to that, you did talk to some

attorneys, didn't you?

A. I talked to an attorney at a gathering. It was not

for any of us. It was at his home.

Q. All right. Someone you knew?

A. Yes.

Q. And someone you trusted?

A. I felt, yes.

Q. You were also given two other items to review or

suggested to review; and that was the law itself, right, from

the election code and two position papers, one from the

Secretary of State and one from the Attorney General, right?

A. Who would I receive these from?

Q. In the letter that you received from Mr. Grant it

suggested that you review those things.

A. Correct.

Q. Did you personally ever review the election code, the

position paper from the Secretary of State, or the Attorney

General's opinion?

A. No.

Q. Now, is the reason that you did not review them,

because when you talked to the lawyer, you were pretty certain

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


208

that you were okay?

A. No. He left it up in the air.

Q. So, that counsel told you it's fifty-fifty or dicey;

is that right?

A. He basically said he couldn't call it.

Q. Too close to call for him, correct? So, did you seek

any other counsel after that? Now, this is before the

election.

A. I cannot answer that yes or no.

Q. All right. Now, when you decided I'm going to go

ahead and vote, you did that on your own, didn't you? That was

your decision?

A. I went to the voting polls, yes.

Q. And when you decided to run as an -- for an office in

the RUD, you're indicating you wanted to be the president, you

made that decision too, didn't you?

A. I can't answer that as a yes. There was discussions.

Q. Okay. Let me ask it another way. You agreed to do

it?

A. I agreed, yes.

Q. And you agreed because you believed something was

going on wrong over there in the RUD, didn't you?

A. I didn't know that, no.

Q. But something compelled you to run for that office,

right?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


209

A. Short answer, there was no voters the district.

There was never an -- had been an election for this RUD.

Q. You thought there was something wrong with that,

didn't you?

A. I don't remember who brought it forth, but there were

six people who lived inside the RUD.

Q. Well, you thought there was something wrong with

there not having any elections in that Road Utility District,

didn't you?

A. For there to be voters in the district and there was

never a called election, yes, that was a problem.

Q. And you thought it was wrong, didn't you?

A. I felt it was not -- it was against the state laws

since there should have been an election called. There were

voters.

Q. All right. So, you felt like you personally and

everybody in Montgomery County was being wronged, didn't you?

A. No.

Q. Just you?

A. I don't know what the other people thought.

Q. But that's what you thought?

A. I felt that it was wrong.

Q. All right. And you then decided, because you felt it

was wrong, how do I right this wrong; I get engaged in the

political process, correct?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


210

A. Correct.

Q. And you would consider yourself a person who is

engaged in the political process, wouldn't you?

A. No.

Q. You would not?

A. No.

Q. You think the average citizen would be worried about

there not having been an election in a RUD?

A. I can't answer that.

Q. But you were concerned about that, right?

A. I felt it was incorrect. There should have been

called an election. Should have been on the ballot.

Q. All right. And you then tried to figure out how can

I legally register to vote in that district, didn't you?

A. Never.

Q. You did not think about it?

A. No.

Q. You did not seek counsel about it?

A. For what? To seek counsel for what?

Q. To legally register in the district.

A. Could you rephrase the question?

Q. Well, you've indicated that you thought it was wrong;

that you thought there needed to be an election, right? You've

testified to that?

A. I thought there should be an election.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


211

Q. And you thought enough of it to actually put your

name in the hat as far as being a candidate for one of those

positions in the RUD, correct?

A. Correct.

Q. And you felt confident in doing that because you were

a resident of Montgomery County?

A. No.

Q. You were not a resident of Montgomery County?

A. To be a candidate for the RUD, you had to be a

citizen of the state of Texas.

Q. All right. So, you felt confident about that. You

were a citizen of the state of Texas.

A. Any citizen of the state of Texas can put in their

application to be candidate for any of these boards.

Q. So, you were well within your rights of doing that;

is that correct?

A. That's correct.

Q. All right. You had no worries about that at all,

correct?

A. No.

Q. So, you received a letter from Phil Grant. About how

long before the election did you receive the letter?

A. About a month, give or take.

Q. And in that month, you just talked to a lawyer about

that letter? You didn't talk to anybody else?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


212

A. There was general talk in the group.

Q. All right. And did anybody else in the group, that

you know of, seek counsel?

A. Not to my knowledge.

Q. All right. So, you don't know whether Mr. Jenkins

sought counsel or not from a lawyer before the election?

A. I was not privy to any of those meetings.

Q. All right. And did anybody share with you those

position papers, that Secretary of State position paper that

Mr. Grant suggested that you review, or the Attorney General

paper? Did you ever see a copy of it? Did you ever read it?

Did you ever look at it? Did you ever try to digest it?

A. No.

Q. Why didn't you?

A. I had trust in a friend.

Q. All right. And that friend was who?

A. Mr. Jim Jenkins.

Q. That's right. And what did he tell you? That he had

read every one of those papers, right?

A. I do not recall him telling me that.

Q. And that he had read the case law that those papers

talked about, right?

A. I do not know that.

Q. Well then, what did he tell you?

A. Don't worry about the letter. It's a gray area.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


213

Q. A gray area. All right. And consequently, it was

okay to vote in the RUD, right?

A. It was okay to proceed.

Q. It was legal to proceed, right? That's what

Mr. Jenkins thought, right?

A. I don't remember him ever saying that he thought it

was right.

Q. It's not my question. My question was: It was legal

to go forward?

A. It was not a cut and dry, yes/no legal.

Q. All right. And did he share with you his belief that

if you had the intent to establish a residence and you had

physical presence at that residence at the time that you voted

that that was -- that would satisfy the statute? Did he tell

you that?

A. I've heard that argument, yes.

Q. Did Mr. Jenkins tell you that?

A. I cannot answer that yes or no.

Q. Who do you think told you that?

A. It could have come from anyone of the group or they

had heard it. I do not know. The general consensus was that

it was a gray area. I know where it happened after the

election. But before, I was not -- I was not in meetings on a

daily basis/weekly basis with the group.

Q. But you felt confident enough to not only put your

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


214

name on the ballot, but to go down and vote for yourself and

for your other -- the other candidates, correct?

A. Correct on putting my name on the ballot. Totally

legal. But voting was not cut and dry with me, no.

Q. And yet you still did it and you did it after seeking

counsel, correct?

A. Let's say I was in a room with an attorney who was

asking questions and I listen in on the conversation, did I go

and pay the attorney to give me an opinion, no.

Q. Do you know if any of the other people in the group

did that, paid an attorney to give them an opinion?

A. No. I have no knowledge.

Q. Did anybody in the group offer you the Secretary of

State position paper to look at?

A. Before the vote?

Q. Yes, sir.

A. I couldn't tell you the number of times I even saw

any of the group before the election.

Q. Because you were -- the first time that you heard

anything about this incident was in a public meeting at a

library in the RUD, wasn't it? The first time you heard

anything about problems with the RUD?

A. No.

Q. And Mr. Jenkins wasn't the person speaking. Adrian

Heath was. He's the one that discovered all this, right?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


215

A. I've heard it from Adrian Heath on the night of the

meeting at Jim's office. The first time I heard anything about

the RUD and they had no elections because there were no

candidates in the district. There was no -- sorry -- residents

living inside the district who could vote. Since there were no

residents in the district, there was no need to call an

election to spend the money.

They just appointed a board and that was the end

of it.

Q. Now, based on your knowledge, which one of the group

contacted the Secretary of State and set up the election?

A. That I had no knowledge of. I could only guess or

assume.

Q. Well, I don't want you to do that. I want you to

testify about what you know.

Now, you do remember testifying. This is your

third time testifying about this situation, correct?

A. Yes.

Q. You testified in the civil trial. You testified

before the grand jury.

A. Right.

Q. And now you're testifying here.

A. Correct.

Q. Now, do you remember when you testified in the civil

trial and you didn't -- you remember saying that the decision

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


216

to vote was made up by each person in their own time and in

their own mind, correct? Do you remember saying that?

A. Yes.

Q. Because you don't know when Mr. Jenkins decided to

register, do you?

A. No.

Q. You only know when you did?

A. Correct.

Q. And you can only speak for what was in your heart and

what was in your mind at that time?

A. Right.

Q. Did you knowingly put false information on your

registration form to vote? At the time you did it, did you

believe you were knowingly putting down an illegal residence?

You didn't believe that in your mind, did you?

A. I believed that it was not a clearcut yes or no. I

was told I could go put a tent under the Research bridge and

that was my residence and list that on my voter registration.

Q. And that's what you believed when you put it down,

isn't it?

A. Yeah.

Q. Now, you also believed that if you were in that

location, that residence on the date of the election, that was

okay, too, correct? That there had to be a meeting of your

mind and your presence at one time? Do you remember that being

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


217

significant? Do you?

A. Yes.

Q. Is that a yes?

A. Yes.

Q. And knowing those two things, you did not present

yourself within the district on that election day? You didn't

stay at the Residence Inn, did you?

A. No.

Q. But others in your group did, didn't they?

A. I have no knowledge.

Q. The fact that you didn't stay there and that you

didn't have a presence there, in fact, means you did not merge

your mental state, what you had in your mind to do as far as

your residence, and your physical actions? They did not

intersect that day, did they?

A. The day of the election I was in the hotel for

15 minutes to change clothes.

Q. All right. And did you believe that was sufficient

to establish your residence?

A. No.

Q. So, you consciously did not stay there, did you?

A. Consciously, no.

Q. And that's different from others who felt like if I

am there in the RUD on the night before, on the day of, on the

night after, that they had legally established their residence

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


218

according to all the documents that were given to -- that were

prescribed to you by Mr. Grant; and in your instance and in

other people's instances, what a lawyer told you, right?

A. I'll agree to that.

Q. So, when you filled out that application knowing what

you knew, you were not knowingly, knowingly voting illegally,

were you? You didn't know you were voting illegally? You

thought you might be, but you didn't know that, did you,

truthfully?

MR. WHITE: Objection, Your Honor. If there

could be one question at a time for the witness.

THE COURT: All right. Sustained.

Q. (BY MR. HEATH) You didn't know that, did you? On

the day that you -- on the day that you voted, you did not know

that, did you?

A. No.

Q. And that's the honest truth, isn't it?

A. That's the honest truth.

Q. So, maybe, maybe you were negligent in voting. You

might even have been reckless, but you didn't know for certain

that you were voting illegally, did you? Did you?

A. No. No.

Q. After the election contest, that's when you felt like

you, hey, man; maybe I did the wrong thing, right? After?

A. After, yes.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


219

Q. After you found out that there was a criminal

investigation and you went, well, I guess, maybe I did do

something wrong here, right?

A. There was enough for the District Attorney to

proceed, yes.

Q. All right. Now, are you sure the District Attorney

proceeded or if the Attorney General proceeded?

A. I do not know for a fact who proceeded on it.

Q. All right. Now, you did appear before a grand jury

here in Montgomery County, didn't you?

A. Yes.

Q. And when -- after you testified, were you compelled

to plead to any sort of criminal offense?

A. No.

Q. So, as you sit before us, you were never charged?

A. Correct.

Q. You were never indicted?

A. Correct.

Q. And as you -- as you sit here with us, you don't

believe you're ever going to be charged or indicted for this

offense; is that right?

A. That one I can't answer.

Q. Now, you do recall, prior to the election, just a few

days before, talking with the publication called the Texas

Watchdog about this election?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


220

A. Yes.

Q. Do you remember indicating that you were anxious to

rectify or to correct the problems in the RUD? Do you remember

that?

A. Not in the RUD. In the voting for the board.

Q. Yes, sir. And you were anxious to do it?

A. I was -- wanted there to be an open election.

Q. Because your sense of it was that they just kept

being re-appointed without any scrutiny by anybody, right, the

directors of this RUD?

A. That's what I was told by one of the group from the

attorney that there was no need to call an election and they

just re-appointed themselves or whatever. If they voted

amongst themselves, I did not know that.

Q. Now, do you remember reading that article?

A. I remember pulling it up. It was an long article,

but, no, I did not read all of it.

Q. And did you -- did you feel like before you voted

that residency could be determined by the voter? In other

words, the voter determined his residence for purposes of an

election?

A. I've heard all the arguments about the mindset and

that didn't really totally wash.

Q. As far as you were concerned?

A. As far as I was concerned.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


221

Q. So, you thought you were taking a chance, but you

didn't know that you were wrong, right?

A. Correct.


Your Honor.

THE COURT: Any redirect?

MR. WHITE: No further questions for this

witness.

THE COURT: All right. May this man be excused?

MR. WHITE: He may, Your Honor.


THE COURT: All right. You are excused, sir.

Thank you.

All right. Ladies and gentlemen, we're going to

break for the evening. And can we see -- be back at 9:00

o'clock again. Thank you very much. Remember the instructions

that the Court has given to you. Please follow the bailiff.

And, again, thank you for your patience and understanding.

Have a nice evening.

(COURT ADJOURNED)

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


222

REPORTER'S CERTIFICATE

THE STATE OF TEXAS )

COUNTY OF MONTGOMERY )

I, Cassandra McCoy, Deputy Official Court Reporter

in and for the 359th District Court of Montgomery County, State

of Texas, do hereby certify that the above and foregoing

contains a true and correct transcription of all portions of

evidence and other proceedings requested in writing by counsel

for the parties to be included in this volume of the Reporter's

Record, in the above-styled and -numbered cause, all of which

occurred in open court or in chambers and were reported by me.

I further certify that this Reporter's Record of the

proceedings truly and correctly reflects the exhibits, if any,

admitted by the respective parties.

I further certify that the total cost for the

preparation of this Reporter's Record is $ 1,125.00 and was

paid by Bennett & Secrest, PLLC.

WITNESS MY OFFICIAL HAND this the 23rd day of

August, 2013.

/s/ Cassandra McCoyCASSANDRA MCCOY, Texas CSR 8251Expiration Date: 12/31/14Deputy Official Court Reporter359th District CourtMontgomery County, Texas16457 Ryan Guinn WayConroe, Texas 77303(936) 524-6305

$

$0.37 [1] - 51:15

$119 [2] - 49:18,

50:20

$134.47 [1] - 50:20

$149 [1] - 148:16

$189 [1] - 202:15

$199 [1] - 51:14

$2,000 [2] - 55:19,

106:7

$2,600 [1] - 149:5

$200 [1] - 149:4

$224 [1] - 51:15

$268.94 [1] - 49:21

$3,000 [1] - 149:24

$800.00 [1] - 149:4

/

/s [1] - 222:21

0

00787549 [1] - 2:4

01 [1] - 84:18

09347400 [1] - 2:9

1

1 [11] - 5:4, 33:14,

33:18, 45:8, 51:5,

57:4, 57:8, 57:11,

58:1, 58:3, 84:19

1,125.00 [1] - 222:16

1.015 [2] - 138:10,

140:17

10 [7] - 3:7, 5:15,

62:4, 62:6, 65:10,

68:19, 68:20

10th [2] - 94:25, 95:3

11 [7] - 3:8, 5:16,

62:4, 62:6, 65:10,

68:24, 68:25

117 [2] - 3:14, 4:7

119 [2] - 3:14, 4:7

11th [2] - 94:25, 95:3

11th/12th [1] -

152:12

12 [16] - 1:1, 5:17,

62:4, 62:6, 65:10,

69:3, 69:4, 98:8,

98:10, 114:10,

114:13, 114:16,

114:19, 114:21,

155:3, 164:14

12-03-02579-CR [1] -

1:2

12-03-2579 [1] - 8:11

12/31/14 [1] - 222:22

124 [3] - 3:14, 4:7,

6:16

125 [1] - 6:16

12548 [1] - 2:5

126 [2] - 3:15, 4:5

12th [1] - 158:16

13 [7] - 5:18, 62:4,

65:10, 69:11, 149:1,

156:7, 157:3

130 [2] - 3:15, 4:5

13238 [2] - 79:14,

166:25

137 [2] - 3:15, 4:5

13993 [1] - 51:12

14 [8] - 5:20, 51:13,

62:4, 65:10, 69:19,

69:21, 147:7, 149:2

14-13-00662-CR [1] -

1:2

1400 [1] - 97:15

141 [2] - 3:15, 4:5

142 [2] - 3:16, 4:4

145 [2] - 6:4

1488 [2] - 34:23,

74:23

14993 [4] - 60:25,

79:25, 85:15, 164:23

14th [4] - 52:18,

147:23, 153:13,

202:23

14th/15th [1] - 52:6

14th/May [2] - 51:23,

53:3

15 [12] - 5:21, 51:13,

62:4, 65:10, 67:7,

70:2, 70:3, 70:6,

93:20, 149:24,

153:15, 217:17

151 [2] - 7:9

154 [2] - 6:18

157 [20] - 6:19, 6:20,

6:21, 6:22, 6:23, 6:24,

6:25, 7:4, 7:5, 7:6

15910 [5] - 42:9,

58:15, 79:18, 83:3,

160:16

15th [3] - 51:23,

53:3, 153:20

16 [36] - 3:9, 5:22,

55:6, 62:1, 62:2, 62:4,

62:6, 64:7, 65:2,

65:10, 66:12, 68:18,

70:4, 70:19, 71:25,

72:6, 76:4, 77:25,

83:10, 87:15, 89:8,

89:19, 92:23, 95:11,

118:13, 147:24,

147:25, 148:9,

148:14, 149:3,

155:19, 155:25,

156:17, 159:8,

164:15, 202:24

16457 [1] - 222:24

166 [2] - 7:8

16728 [2] - 79:21,

163:17

168 [3] - 3:16, 4:4,

203:1

16th [3] - 158:25,

159:17, 164:11

17 [34] - 3:10, 5:23,

62:16, 63:15, 63:16,

63:23, 63:24, 64:1,

64:25, 65:10, 72:25,

73:3, 73:9, 73:12,

73:18, 86:6, 148:8,

148:9, 148:10,

148:13, 149:10,

150:2, 157:25, 158:4,

160:9, 163:12,

163:18, 164:7, 165:1,

166:16, 167:3,

167:10, 167:12,

167:19

170 [2] - 3:17, 4:6

18 [8] - 5:24, 30:21,

63:15, 63:19, 63:20,

81:15, 81:20, 97:5

18(a [1] - 190:12

180 [2] - 55:19, 106:7

189 [1] - 6:15

19 [6] - 6:4, 144:1,

144:17, 145:7,

145:10, 202:10

190 [1] - 6:15

1991 [1] - 18:9

1993 [1] - 86:2

1995 [1] - 30:22

1999 [1] - 155:8

1:15 [2] - 96:10

2

2 [5] - 5:5, 40:9, 42:3,

79:9, 149:24

2,600 [1] - 149:7

20 [6] - 6:5, 89:21,

94:4, 94:13, 149:17,

149:24

200 [2] - 3:17, 4:6

2002 [1] - 155:8

2003 [2] - 155:7,

161:22

2009 [3] - 155:13,

155:14, 156:7

2010 [80] - 5:8,

16:14, 16:18, 36:19,

37:3, 37:6, 39:13,

40:4, 40:6, 40:17,

43:16, 43:21, 49:4,

49:12, 49:13, 51:1,

51:4, 51:13, 54:24,

56:2, 56:3, 56:5,

56:16, 56:22, 57:4,

57:8, 57:11, 57:14,

58:1, 58:3, 58:5,

58:19, 59:15, 59:19,

59:22, 59:24, 59:25,

60:13, 78:12, 86:6,

89:23, 99:1, 107:4,

112:9, 112:25,

126:23, 127:6,

142:24, 144:13,

146:9, 146:14, 147:5,

147:7, 147:18,

148:25, 149:1, 149:2,

150:12, 150:20,

150:21, 150:25,

152:9, 153:15,

153:20, 156:8,

156:20, 168:22,

172:4, 172:5, 172:8,

175:25, 179:9,

182:14, 183:20,

202:23, 202:24,

205:22

2010/2011 [1] -

144:16

2011 [15] - 6:4,

144:14, 153:19,

153:20, 155:7,

156:23, 157:3,

158:16, 158:25,

159:17, 159:18,

159:24, 164:11,

164:15

2013 [3] - 1:19, 3:4,

222:19

204 [2] - 3:18, 3:19

206 [2] - 3:17, 4:6

20th [1] - 144:14

21 [5] - 6:6, 78:4,

79:9, 80:2, 94:8

213 [1] - 202:17

22 [4] - 6:7, 79:4,

79:12, 117:14

221 [1] - 3:20

222 [1] - 3:21

22nd [1] - 96:1

23 [2] - 6:8, 79:16

23rd [1] - 222:18

24 [3] - 6:9, 79:17,

168:22

24054475 [1] - 2:3

242 [3] - 35:20,

74:23, 76:16

24th [1] - 168:23

25 [2] - 3:4, 79:19

25th [1] - 1:19

26 [6] - 3:11, 6:4,

6:11, 79:20, 146:14,

153:18

26th [3] - 146:15,

149:9, 159:21

27 [3] - 6:12, 79:22,

94:8

27907 [4] - 41:20,

59:5, 163:10, 171:3


223

27th [1] - 146:16

28 [3] - 6:13, 79:4,

79:24

29 [2] - 146:8, 147:5

2920 [1] - 172:14

2978 [3] - 34:9,

34:14, 74:21

29th [3] - 147:22,

153:8, 202:23

3

3 [7] - 5:6, 42:15,

43:10, 43:13, 98:14,

98:15, 148:25

3,000 [1] - 149:19

30 [19] - 3:14, 4:7,

19:23, 19:24, 51:4,

108:17, 108:20,

108:25, 109:7, 109:8,

109:15, 109:21,

113:15, 131:19,

162:19, 162:24,

169:4, 173:17, 180:24

30th [1] - 153:9

31 [2] - 93:12, 95:12

31st [2] - 58:19,

153:9

32 [6] - 40:25, 57:23,

69:2, 79:16, 160:6,

167:7

33 [6] - 5:4, 6:14,

189:17, 189:25, 190:9

34 [6] - 6:16, 124:17,

124:22, 125:6, 127:1,

137:18

359th [2] - 222:5,

222:23

359TH [1] - 1:7

37.10 [1] - 82:20

38 [3] - 6:17, 154:9,

154:19

39 [4] - 6:19, 157:12,

157:13, 157:18

4

4 [6] - 5:8, 42:16,

43:11, 43:13, 44:15,

98:13

4,500 [1] - 17:18

40 [5] - 5:5, 6:20,

158:21, 168:11

403 [1] - 65:17

41 [2] - 6:21, 159:11

42 [4] - 5:7, 5:8, 6:22,

160:2

43 [11] - 5:7, 5:8,

6:23, 68:8, 75:24,

84:19, 157:23,

158:19, 160:11

44 [2] - 6:24, 163:6

45 [4] - 6:25, 34:1,

34:2, 163:14

46 [2] - 7:4, 163:20

47 [10] - 5:9, 5:11,

7:5, 157:12, 157:13,

164:16, 164:18,

164:22

475-2547 [1] - 2:6

48 [5] - 7:6, 157:14,

164:17, 164:18,

164:22

49 [5] - 7:7, 165:4,

165:17, 165:21, 166:5

5

5 [7] - 5:9, 47:1, 47:7,

54:24, 56:3, 56:16,

59:15

51 [2] - 7:9, 151:11

512 [1] - 2:6

524-6305 [1] - 222:25

526-4221 [1] - 2:11

54 [2] - 5:12

58/59 [1] - 95:12

590 [1] - 97:15

5th [5] - 56:2, 89:23,

92:12, 107:4, 168:23

6

6 [5] - 5:10, 47:20,

47:22, 82:15, 150:5

60 [7] - 162:19,

162:24, 168:18,

168:19, 168:23, 169:4

607 [3] - 70:12,

79:23, 164:5

609 [1] - 2:10

64.012 [1] - 122:19

67 [16] - 5:13, 5:14,

5:15, 5:16, 5:17, 5:19,

5:20, 5:21

6th [1] - 61:3

7

7 [73] - 1:1, 3:2, 3:5,

3:6, 3:6, 3:7, 3:8, 3:9,

3:10, 3:11, 3:14, 3:15,

3:16, 3:17, 3:18, 3:19,

3:20, 3:21, 4:4, 4:5,

4:6, 4:7, 5:4, 5:5, 5:7,

5:8, 5:9, 5:11, 5:12,

5:12, 5:13, 5:14, 5:15,

5:16, 5:17, 5:19, 5:20,

5:21, 5:22, 5:23, 5:25,

6:4, 6:5, 6:6, 6:7, 6:8,

6:10, 6:11, 6:12, 6:13,

6:15, 6:16, 6:18, 6:19,

6:20, 6:21, 6:22, 6:23,

6:24, 6:25, 7:4, 7:5,

7:6, 7:8, 7:9, 45:25,

49:12, 54:11, 64:22,

105:24, 105:25,

150:20, 156:20

71 [3] - 3:14, 4:7,

5:22

713 [1] - 2:11

72 [4] - 3:14, 4:7,

5:22, 5:23

73 [1] - 5:23

77006 [1] - 2:10

77302 [1] - 164:5

77303 [1] - 222:25

77306 [1] - 164:24

77355 [2] - 42:9,

160:16

77380 [11] - 41:1,

45:4, 55:3, 55:7,

155:20, 156:1,

156:18, 159:2,

159:10, 159:15, 160:7

77381 [2] - 157:24,

158:20

77385 [1] - 163:17

77386 [3] - 41:20,

163:10, 171:3

78711 [1] - 2:6

79 [14] - 6:6, 6:7, 6:8,

6:10, 6:11, 6:12, 6:13

7th [10] - 50:17,

53:18, 60:11, 90:5,

90:25, 150:22,

151:25, 152:2, 185:14

8

8 [22] - 3:5, 3:6, 5:8,

5:13, 16:14, 16:17,

43:21, 61:25, 62:1,

62:2, 62:4, 62:6, 64:7,

65:2, 65:9, 67:7,

67:25, 147:18, 149:1,

152:9, 172:8, 183:20

81 [2] - 5:25

8251 [1] - 222:22

841 [2] - 202:25,

203:1

842 [1] - 202:25

8th [10] - 36:19,

43:16, 43:18, 49:14,

50:17, 53:18, 95:1,

147:20, 152:1, 185:15

9

9 [9] - 3:6, 5:14,

49:13, 62:5, 65:6,

68:15, 68:16, 150:21

90's [2] - 201:21,

201:23

9333 [30] - 19:5,

44:23, 45:4, 46:7,

46:19, 47:11, 47:13,

48:2, 53:8, 55:2,

56:14, 57:3, 57:17,

58:5, 58:19, 58:21,

59:13, 59:21, 60:9,

60:22, 77:9, 77:14,

95:17, 117:15,

143:23, 158:10,

158:11, 159:1,

159:15, 168:1

936 [1] - 222:25

94 [2] - 6:5

97 [2] - 3:14, 4:7

9:00 [1] - 221:15

9th [3] - 16:11,

150:22, 152:2

A

abatements [1] -

98:4

ability [2] - 38:23,

38:24

able [8] - 21:3, 24:19,

45:5, 81:14, 110:24,

116:6, 145:22, 187:17

above-entitled [1] -

1:20

above-styled [1] -

222:10

absolutely [11] -

21:12, 22:2, 22:25,

32:5, 58:25, 80:13,

115:4, 115:23,

129:24, 139:4, 163:5

academy [1] - 161:25

accepted [1] - 180:2

accomplished [1] -

20:10

accordance [1] -

16:3

according [8] -

43:22, 55:24, 56:17,

57:8, 58:2, 85:19,

114:17, 218:1

account [1] - 50:2

accountable [1] -

29:24

accurate [3] - 191:8,

198:1, 198:3

accurately [3] - 47:3,

78:23, 94:10

accused [1] - 26:15

acquainted [1] -

201:20

acquire [1] - 81:11

act [1] - 64:11

acted [1] - 65:13

action [2] - 129:3,

186:24

actions [4] - 21:16,

62:9, 63:12, 217:14

active [2] - 11:3,

111:6

actively [1] - 25:1

activism [1] - 25:18

activist [1] - 25:1

activities [3] - 114:5,

188:22, 188:23

activity [1] - 128:18

actual [4] - 35:7,

44:17, 62:5, 95:14

ad [1] - 98:2

add [3] - 22:11,

86:22, 177:9

added [1] - 50:2

addition [7] - 24:8,

53:22, 53:23, 143:12,

159:6, 162:2, 188:9

additional [7] -

21:17, 23:13, 35:15,

51:3, 84:6, 107:22,

143:13

additionally [1] -

162:2

address [156] -

40:21, 40:24, 41:2,

41:3, 41:4, 41:6,

41:17, 42:7, 42:8,

44:23, 45:4, 46:7,

46:18, 46:20, 46:22,

46:23, 48:5, 49:11,

51:12, 53:8, 54:25,

55:2, 55:4, 55:6, 55:8,

55:9, 55:12, 56:12,

56:13, 56:14, 56:20,

57:2, 57:6, 57:7,

57:16, 57:17, 57:19,

57:21, 57:22, 57:24,

58:12, 58:14, 58:16,

58:17, 58:18, 58:24,

59:5, 59:6, 59:8, 59:9,

59:10, 59:13, 59:16,

60:2, 60:7, 60:9,

60:22, 60:25, 68:6,

68:14, 68:21, 68:23,

69:1, 69:2, 69:6,

69:10, 69:14, 69:15,

69:16, 69:24, 69:25,

70:10, 70:12, 70:16,

70:17, 71:9, 71:10,

71:15, 71:16, 72:9,

72:10, 74:1, 75:2,

75:19, 76:24, 78:20,

79:13, 79:17, 79:20,

83:4, 83:9, 83:10,

84:8, 84:9, 84:10,

84:21, 85:1, 85:15,

88:22, 89:6, 89:8,

89:10, 89:19, 95:10,

95:11, 95:17, 97:13,

105:13, 105:15,

105:16, 105:20,


224117:10, 117:13,

155:18, 155:23,

155:24, 156:3,

156:11, 156:15,

156:25, 157:21,

158:3, 158:11,

158:24, 159:14,

160:5, 160:14,

160:18, 163:9,

163:16, 164:3,

164:23, 165:11,

165:13, 166:21,

166:25, 167:3, 167:9,

167:12, 167:18,

167:21, 167:23,

168:1, 168:16, 169:5,

180:16, 183:4, 184:1

addressed [1] -

193:25

addresses [24] -

44:24, 45:3, 63:2,

63:3, 63:4, 63:7,

64:16, 72:15, 72:19,

74:12, 75:4, 75:8,

77:24, 78:19, 81:12,

114:14, 156:12,

158:6, 159:4, 159:5,

159:7, 164:20,

166:14, 166:15

ADJOURNED [1] -

221:20

Adjourned...............

.......... [1] - 3:20

administration [1] -

11:4

administrative [4] -

108:25, 109:4,

109:10, 109:15

admissibility [2] -

70:22, 71:2

admissible [4] -

64:25, 177:7, 178:13,

178:15

admission [4] - 62:3,

67:9, 79:6, 81:18

admit [4] - 73:20,

86:11, 92:20, 95:15

admitted [32] - 7:25,

13:25, 14:1, 33:18,

40:13, 43:14, 47:9,

47:22, 54:14, 63:5,

67:10, 72:1, 72:2,

72:6, 73:4, 75:4, 79:7,

81:19, 94:8, 94:15,

98:8, 125:6, 145:15,

151:12, 151:17,

154:25, 157:17,

166:11, 168:11,

190:4, 190:6, 222:14

ADMITTED [3] - 5:3,

6:3, 7:3

admonish [1] - 93:19

Adrian [31] - 5:13,

6:5, 6:19, 45:18,

56:10, 56:18, 68:1,

68:8, 75:22, 84:23,

94:5, 94:16, 124:24,

144:25, 146:12,

157:20, 157:22,

158:4, 158:17,

173:19, 173:21,

173:22, 176:5,

191:24, 193:3, 193:4,

196:16, 198:9,

198:11, 214:24, 215:1

adrian [1] - 50:8

Adrian's [1] - 198:14

Adrienne [1] -

135:10

adults [1] - 50:10

advance [4] -

108:20, 109:21,

113:15, 162:8

advice [4] - 124:11,

128:10, 132:2, 137:3

advise [4] - 61:11,

120:11, 120:14, 122:5

advised [1] - 122:7

Aerial [1] - 5:23

aerial [1] - 63:22

affidavit [2] - 145:11,

153:18

Affidavit [2] - 5:10,

6:4

affiliate [1] - 23:20

affirm [6] - 55:20,

82:13, 106:9, 107:16,

107:18, 108:6

affirmation [1] -

107:20

aforesaid [1] - 16:15

afternoon [3] -

126:16, 170:11,

170:12

afterwards [1] -

22:15

agencies [1] - 28:1

agent [3] - 155:11,

192:17

agent/office [1] -

155:5

aggravated [1] -

22:15

ago [4] - 57:20, 86:1,

172:5, 172:6

agree [4] - 9:12,

23:23, 132:17, 218:4

agreed [3] - 208:18,

208:20, 208:21

agreement [1] -

206:3

ahead [21] - 8:14,

8:17, 22:10, 26:12,

26:13, 32:23, 63:10,

67:5, 71:5, 74:5, 87:9,

87:25, 99:15, 102:4,

117:20, 153:1, 161:8,

173:5, 175:22, 185:2,

208:11

aid [1] - 151:4

Aided [1] - 1:25

aiding [1] - 169:17

air [1] - 208:2

aka [1] - 145:4

Alan [6] - 8:12,

16:13, 16:23, 54:23,

68:17, 158:23

ALAN [1] - 1:6

allegations [4] -

143:6, 143:9, 177:25,

182:11

alleged [6] - 8:25,

62:11, 139:25,

176:23, 177:4, 177:7

alleges [1] - 177:11

alleging [1] - 62:21

Allison [33] - 5:22,

7:5, 7:6, 45:19, 45:21,

51:10, 51:18, 51:21,

60:21, 60:22, 66:9,

70:14, 70:18, 70:20,

71:9, 72:11, 76:24,

79:25, 81:5, 85:11,

85:13, 91:12, 145:4,

145:5, 149:21,

164:18, 164:19,

165:25, 167:23,

194:15, 194:16, 198:4

Allison's [3] - 6:13,

76:23, 203:11

Allison/Robert [1] -

79:25

allow [4] - 36:10,

110:10, 199:18

allowed [5] - 73:13,

77:23, 124:11,

138:17, 138:18

allowing [1] - 71:4

allows [2] - 70:25,

200:21

Almost [1] - 18:12

almost [4] - 142:17,

142:20, 149:4, 156:22

alphabet [1] - 190:12

alphabetical [1] -

75:3

ALPHABETICAL [1]

- 4:1

America [2] - 27:15,

192:16

Americans [1] - 26:7

amount [4] - 17:8,

148:5, 149:23, 203:3

amounts [1] - 202:22

AND [1] - 8:1

annexing [1] - 35:14

Announcement......

...................... [1] - 3:5

annunciate [1] -

171:6

answer [33] - 13:13,

18:21, 35:25, 52:15,

75:6, 88:12, 91:23,

92:9, 93:23, 97:21,

101:23, 102:12,

102:15, 103:1,

103:21, 117:6, 120:2,

123:17, 123:18,

132:10, 161:6,

162:23, 185:5, 198:8,

205:8, 206:14, 208:9,

208:17, 209:1, 210:9,

213:18, 219:22

answered [1] -

183:22

answering [1] -

32:18

anticipate [1] - 27:7

anxious [2] - 220:2,

220:6

apartment [1] -

197:23

appeal [4] - 9:2,

10:7, 203:20, 204:1

appear [6] - 24:10,

24:16, 24:18, 148:21,

149:21, 219:9

appearance [7] -

14:19, 23:15, 66:9,

189:8, 203:8, 203:11,

203:13

APPELLATE [1] - 1:2

appellate [3] - 9:2,

9:10, 20:23

applicable [2] -

119:17, 123:3

applicant [1] - 42:3

Application [1] -

54:23

application [53] -

40:16, 40:18, 41:12,

41:14, 42:2, 42:4,

45:9, 45:15, 54:16,

56:1, 56:8, 56:11,

56:24, 57:1, 57:12,

57:15, 57:20, 57:23,

58:7, 58:13, 58:17,

58:20, 59:1, 59:6,

59:7, 59:9, 59:13,

59:20, 69:15, 69:17,

69:25, 70:11, 71:11,

71:12, 71:15, 81:22,

82:5, 82:8, 82:10,

82:18, 83:7, 83:8,

87:16, 92:12, 95:23,

106:1, 109:9, 110:13,

157:8, 179:18, 181:2,

211:14, 218:5

applications [3] -

19:3, 19:14, 43:8

Applications [2] -

5:5, 5:12

applied [2] - 58:8,

85:25

applies [2] - 94:7,

140:4

apply [1] - 110:24

applying [1] - 140:6

appointed [4] -

201:14, 215:8, 220:9,

220:13

Appraisal [4] - 5:24,

81:9, 81:16, 85:19

appraiser [1] - 82:12

appreciate [2] - 77:3,

184:24

apprise [1] - 105:8

apprised [1] - 105:5

approach [10] -

10:14, 20:14, 31:19,

66:5, 67:13, 74:3,

99:2, 102:18, 137:13,

202:7

approaching [1] -

20:19

approximate [1] -

78:8

April [30] - 19:9,

49:5, 51:4, 52:3,

54:24, 56:2, 56:3,

57:4, 57:8, 57:11,

58:1, 58:3, 59:15,

59:22, 59:23, 60:11,

61:3, 89:23, 90:3,

92:12, 107:4, 113:16,

127:5, 156:7, 168:23,

180:24

area [37] - 18:10,

18:11, 18:17, 22:9,

33:7, 33:9, 33:12,

34:1, 34:8, 34:17,

35:13, 35:21, 35:24,

38:1, 41:21, 42:10,

50:4, 50:5, 74:18,

74:20, 75:13, 76:4,

76:7, 76:12, 105:2,

114:25, 130:23,

133:8, 139:7, 139:21,

155:21, 172:9,

187:17, 189:21,

212:25, 213:1, 213:22

areas [1] - 34:5

argument [2] -

65:11, 213:16

arguments [5] -

12:10, 14:7, 15:25,

220:22

Arkansas [1] - 105:6

arose [1] - 8:25

Arraignment...........

.................. [1] - 3:9

arrested [1] - 206:1

arrival [5] - 49:12,

50:16, 146:8, 150:20,

202:23


225

arriving [1] - 147:4

article [3] - 155:10,

220:15, 220:16

articles [2] - 11:24,

155:4

asserted [2] - 23:10,

176:16

assigned [3] -

142:18, 142:23,

147:25

assistant [5] - 120:6,

120:7, 135:10,

169:18, 206:18

Assistant [3] - 2:5,

126:19, 181:8

associated [4] -

34:17, 157:22, 174:5,

174:24

associates [1] -

17:25

assume [2] - 136:14,

215:13

assuming [2] -

63:18, 195:5

AT [6] - 20:17, 31:22,

66:7, 99:14, 177:22,

184:6

athletic [1] - 80:25

attached [4] - 68:10,

123:3, 143:11, 146:3

attaches [1] - 122:24

attachments [4] -

122:25, 123:5, 123:8

attempt [1] - 86:17

attempted [1] -

138:25

attend [3] - 115:8,

115:9, 171:21

attended [1] - 171:22

attention [1] - 184:7

attitude [1] - 14:20

attorney [25] - 8:13,

8:19, 13:12, 30:10,

30:20, 31:2, 32:3,

32:20, 71:1, 78:20,

86:9, 120:6, 120:8,

128:19, 187:11,

198:17, 201:5,

203:21, 203:25,

207:3, 207:6, 214:7,

214:9, 214:11, 220:12

Attorney [25] - 2:5,

2:9, 6:16, 118:6,

119:9, 119:22,

122:14, 123:2,

124:10, 124:14,

126:20, 130:13,

135:13, 137:1,

142:12, 142:15,

142:16, 142:19,

207:15, 207:21,

212:10, 219:4, 219:6,

219:7

Attorney's [8] -

120:11, 120:15,

124:23, 128:12,

130:24, 135:9, 181:7,

206:15

attorneys [6] - 8:13,

11:9, 13:12, 17:4,

29:14, 207:5

audience [1] - 140:6

Audley [3] - 2:8,

8:20, 184:7

August [7] - 158:16,

158:25, 159:17,

164:11, 164:14,

164:15, 222:19

Austin [2] - 2:6,

161:21

authorities [1] -

21:11

authority [2] - 16:8,

18:21

available [1] - 24:1

average [1] - 210:7

aware [22] - 25:19,

52:5, 53:5, 60:5,

70:15, 99:25, 112:14,

113:9, 113:11,

131:10, 138:7,

152:15, 153:2, 153:4,

183:19, 195:10,

200:4, 203:24,

204:16, 204:20,

204:21, 206:6

B

b) [1] - 190:12

background [5] -

30:18, 32:1, 143:10,

182:15, 191:4

backside [1] -

192:25

backtrack [1] - 161:4

bad [2] - 144:9,

173:6

bailiff [2] - 61:10,

221:17

BAILIFF [4] - 10:18,

61:13, 141:17, 141:23

bailiffs [2] - 11:16,

29:16

balance [1] - 149:2

ballot [5] - 40:17,

116:21, 210:12,

214:1, 214:3

ballots [1] - 21:15

base [1] - 36:10

based [5] - 21:9,

58:5, 149:16, 162:11,

215:10

basic [2] - 157:7,

162:7

basis [3] - 114:25,

115:2, 213:24

basis/weekly [1] -

213:24

basketball [3] -

197:14, 197:15,

197:19

baskets [1] - 197:17

batch [1] - 51:8

bathrooms [1] -

80:14

bearing [3] - 23:5,

125:18, 199:13

became [4] - 201:20,

204:20, 204:21,

206:15

become [7] - 11:2,

19:3, 162:1, 180:10,

203:24, 204:16,

206:12

becomes [1] - 13:20

beds [1] - 80:12

began [3] - 19:2,

30:21, 206:12

begin [4] - 8:15,

78:11, 146:7, 152:13

beginning [4] - 19:9,

28:21, 147:12, 179:16

behavior [1] - 14:20

beige [3] - 74:16,

74:20, 74:25

belief [2] - 109:25,

213:11

believes [1] - 140:7

belong [3] - 159:12,

163:15, 164:17

belongings [1] -

24:12

belongs [2] - 164:18,

164:19

below [3] - 155:21,

155:22, 197:7

Ben [7] - 6:13, 7:5,

149:21, 188:14,

194:13, 194:15,

194:18

Bench [4] - 10:14,

20:15, 20:19, 31:20

BENCH [6] - 20:17,

31:22, 66:7, 99:14,

177:22, 184:6

Benders [6] - 41:21,

76:12, 84:6, 84:11,

171:5

Bending [2] - 79:21,

163:17

benefit [4] - 25:4,

109:16, 133:4, 133:6

benefited [2] - 18:16,

18:19

Benjamin [14] -

45:21, 51:10, 51:20,

60:21, 70:14, 72:11,

76:23, 79:25, 85:12,

145:4, 164:18,

164:22, 165:25,

167:23

Bennett [1] - 222:17

Berntsen [33] - 5:16,

6:22, 19:1, 40:18,

40:22, 45:14, 46:8,

57:16, 58:1, 58:3,

58:10, 68:24, 68:25,

76:19, 79:16, 81:4,

85:6, 145:3, 145:4,

160:4, 160:5, 165:24,

167:6, 180:6, 191:13,

193:22, 194:9, 195:6,

195:7, 196:20, 196:21

Berntsen's [1] - 6:8

beside [3] - 45:8,

46:17, 48:10

best [13] - 33:24,

75:3, 82:2, 97:9,

106:13, 107:3, 112:3,

114:9, 128:16, 129:3,

171:24, 176:4, 178:21

bestowed [1] - 180:1

better [8] - 13:16,

23:14, 23:15, 97:5,

136:8, 149:6, 161:6

between [8] - 24:11,

46:13, 49:14, 60:5,

75:8, 75:23, 149:24,

152:5

beyond [1] - 9:15

bicycles [1] - 80:25

big [4] - 26:17,

72:21, 171:19, 174:9

biggest [1] - 187:10

Bill [21] - 5:16, 6:8,

6:22, 18:25, 32:25,

40:18, 43:4, 44:11,

45:14, 46:8, 58:1,

76:19, 79:16, 81:3,

85:6, 180:6, 191:13,

193:22, 195:6, 195:7,

196:20

bill [9] - 38:19, 38:21,

44:12, 45:14, 57:16,

76:19, 101:23, 145:3,

202:12

billed [1] - 148:21

bills [1] - 180:11

bit [7] - 45:2, 82:25,

104:22, 118:5, 151:6,

154:22, 190:8

bits [1] - 188:7

blank [1] - 150:24

blanket [1] - 127:22

block [10] - 34:15,

34:25, 35:13, 40:24,

41:19, 42:8, 48:4,

148:1, 148:14

Block [1] - 84:19

blocks [2] - 34:19,

35:19

blurry [1] - 197:2

Board [21] - 5:5,

16:18, 17:25, 18:1,

18:3, 18:25, 19:3,

20:8, 21:4, 25:16,

36:19, 36:23, 37:2,

37:9, 39:13, 40:19,

41:9, 112:16, 142:24,

179:21, 180:9

board [11] - 19:4,

37:2, 64:13, 73:8,

111:17, 180:4,

181:19, 186:18,

187:1, 215:8, 220:5

boards [1] - 211:14

body [1] - 121:24

boil [1] - 17:14

bonds [4] - 38:25,

39:1, 39:12

book [1] - 56:19

booked [3] - 146:11,

151:5, 153:12

books [1] - 12:24

borders [2] - 33:21,

72:14

bottom [13] - 34:8,

48:5, 50:5, 74:14,

82:2, 82:17, 83:17,

84:13, 85:4, 156:5,

163:2, 195:9, 196:17

Boundaries [1] - 5:4

boundaries [8] -

33:15, 41:6, 41:25,

73:24, 74:10, 115:16,

115:20

boundary [1] - 74:11

bounds [32] - 33:11,

34:11, 35:11, 36:14,

37:15, 39:7, 39:11,

41:11, 42:12, 45:10,

69:8, 75:14, 75:18,

75:20, 75:23, 75:24,

76:1, 76:3, 76:5, 76:9,

76:13, 76:18, 76:21,

77:1, 77:14, 115:12,

116:12, 116:16,

134:14, 178:18

Bowlin [13] - 142:1,

142:9, 142:12,

142:14, 145:17,

153:25, 154:8,

157:19, 160:17,

161:9, 165:3, 165:20,

166:14

BOWLIN [2] - 4:4,

142:5

Bowlin......... [1] -

3:16

BOX [1] - 2:5

box [3] - 57:5, 57:7,

166:23

boxes [1] - 24:13


226

Boyd [7] - 51:12,

60:25, 72:9, 79:25,

85:15, 164:23, 167:23

boys [3] - 66:21,

81:5, 198:4

branch [1] - 33:5

break [13] - 61:8,

61:9, 96:7, 96:9,

96:16, 141:13,

169:24, 190:8, 199:5,

199:7, 199:8, 199:12,

221:15

BREAK [5] - 61:14,

96:18, 141:19, 170:1,

199:15

breaker [1] - 24:15

breakfast [4] -

188:13, 188:20,

189:21, 190:24

breakfasts [1] -

189:4

Brett [2] - 135:13,

181:7

bridge [1] - 216:17

Bridge [4] - 68:8,

75:25, 157:23, 158:19

brief [4] - 15:7,

42:18, 71:1, 117:19

briefly [3] - 42:17,

74:12, 78:4

bring [9] - 10:13,

10:17, 24:3, 24:4,

65:21, 96:16, 96:20,

141:22, 188:24

bringing [2] -

195:11, 195:13

brother's [1] -

194:14

brothers [9] - 51:19,

60:21, 61:3, 66:9,

70:15, 71:9, 91:12,

188:2, 194:13

brought [6] - 18:17,

179:11, 191:14,

198:20, 198:23, 209:5

Buck [3] - 33:1, 43:5,

44:9

buildings [2] - 115:9,

116:21

built [1] - 25:3

bullet [5] - 55:23,

106:10, 106:11,

106:21, 107:24

bulls [1] - 141:16

bunch [2] - 149:13,

149:22

burden [3] - 9:13,

10:10, 86:24

Business [2] - 5:10,

6:4

business [19] -

18:12, 38:9, 49:11,

90:9, 90:17, 105:9,

105:11, 145:10,

153:18, 154:6,

154:16, 154:19,

155:23, 156:12,

172:13, 172:14,

192:19, 192:21, 202:5

businesses [6] -

18:16, 18:18, 25:4,

35:16, 115:19

BY [82] - 30:5, 32:18,

33:20, 40:14, 42:23,

43:15, 47:10, 47:23,

49:1, 53:3, 53:13,

54:15, 60:20, 65:25,

67:16, 68:2, 70:6,

71:7, 72:8, 73:7,

73:23, 74:9, 75:8,

77:8, 79:8, 81:20,

84:5, 87:2, 87:10,

88:1, 88:8, 88:15,

89:16, 92:3, 94:3,

94:16, 97:3, 102:5,

102:25, 108:17,

117:22, 118:25,

119:7, 123:23, 124:8,

126:15, 128:8, 130:5,

132:15, 136:5,

137:16, 138:21,

139:10, 140:15,

141:2, 142:8, 145:16,

151:3, 151:18, 153:2,

155:1, 157:18, 161:9,

162:23, 165:20,

166:13, 168:9,

170:10, 173:12,

174:22, 175:8,

175:23, 179:6,

182:12, 184:3, 185:3,

190:5, 200:2, 202:9,

204:13, 206:10,

218:13

C

Calendar [1] - 7:9

calender [1] - 150:24

camera [5] - 191:12,

191:13, 191:14

campaign [1] -

179:18

candidacy [3] -

58:13, 69:15, 181:2

candidate [6] - 58:9,

59:3, 179:21, 211:2,

211:9, 211:14

candidates [12] -

18:1, 19:3, 32:24,

43:7, 43:9, 44:13,

45:10, 45:15, 58:11,

112:23, 214:2, 215:4

candidates' [1] -

46:17

cannot [4] - 11:4,

64:14, 208:9, 213:18

canoe [4] - 90:18,

90:19, 90:20, 90:22

canvass [2] - 186:19,

186:20

canvassed [1] - 23:8

capacity [1] - 114:5

card [13] - 88:2, 88:7,

88:16, 88:19, 88:21,

88:23, 89:8, 92:4,

148:22, 180:16,

183:4, 183:10, 198:12

care [1] - 37:12

careful [2] - 22:8,

138:16

Carol [1] - 113:18

carries [1] - 34:9

CASE [1] - 1:2

case [60] - 8:9, 8:19,

8:24, 9:10, 9:14, 10:5,

10:6, 10:9, 10:11,

10:24, 11:8, 11:12,

11:15, 11:18, 11:19,

11:20, 11:22, 12:1,

12:21, 12:22, 14:9,

14:21, 15:14, 16:1,

16:3, 21:21, 23:21,

25:18, 26:21, 26:22,

27:8, 27:17, 28:21,

29:14, 29:18, 29:19,

39:2, 62:25, 64:12,

72:13, 77:21, 78:20,

96:13, 109:2, 109:3,

112:20, 124:24,

133:14, 133:18,

142:23, 143:1, 143:5,

146:5, 150:11,

153:12, 177:5,

178:24, 190:7, 212:21

case-in-chief [1] -

8:19

cases [2] - 31:4,

142:18

Cassandra [2] -

222:4, 222:21

CASSANDRA [1] -

222:22

cast [6] - 44:1, 44:7,

44:8, 44:20, 46:5,

119:11

CAUSE [1] - 1:2

caused [1] - 72:17

causes [1] - 25:1

caution [1] - 127:11

cautionary [1] -

128:1

cell [1] - 12:12

center [1] - 187:17

Center [9] - 34:4,

34:21, 35:2, 74:18,

116:11, 116:15,

116:25, 117:1, 117:8

centers [4] - 116:5,

116:7, 116:9, 116:10

certain [12] - 16:3,

82:3, 100:22, 102:22,

108:23, 109:23,

111:1, 117:6, 117:7,

162:15, 207:25,

218:20

certainly [11] - 31:17,

38:5, 39:19, 54:2,

63:7, 102:17, 111:5,

111:20, 113:6, 139:9,

139:23

CERTIFICATE [1] -

222:1

certificate [1] -

162:10

Certificate...............

... [1] - 3:21

certifications [2] -

162:5, 162:12

certified [19] - 23:9,

33:14, 40:9, 42:16,

43:16, 54:11, 64:7,

65:4, 67:7, 81:16,

154:19, 157:11,

158:15, 158:16,

162:1, 164:9, 165:18,

166:5, 186:17

certify [3] - 222:6,

222:12, 222:15

certifying [1] - 21:15

chair [4] - 13:7,

26:15, 201:21, 202:5

challenger [1] -

44:13

challengers [1] -

46:9

challenging [1] -

53:7

chambers [1] -

222:11

chance [6] - 15:6,

47:16, 54:4, 65:25,

101:18, 221:1

change [23] - 27:15,

95:9, 95:15, 117:10,

117:13, 155:5,

155:11, 156:25,

158:11, 162:15,

168:15, 169:5, 169:6,

179:16, 180:16,

183:24, 184:1,

185:12, 202:18,

202:25, 203:1, 217:17

Change [1] - 5:12

changed [8] - 19:5,

87:17, 95:6, 95:10,

95:16, 98:25, 117:14,

169:1

changes [4] - 54:8,

157:9, 160:21

changing [1] - 64:16

characterize [1] -

128:8

charge [11] - 14:6,

14:8, 15:25, 49:16,

49:18, 50:19, 51:5,

51:14, 177:25,

205:22, 205:24

charged [8] - 16:11,

137:8, 148:22,

176:24, 178:3, 178:7,

219:15, 219:20

charges [1] - 149:3

cheat [1] - 24:6

cheated [1] - 26:3

check [2] - 116:24,

153:10

checked [6] - 82:9,

93:15, 151:24, 152:4,

153:9

chief [2] - 8:19,

82:12

child [3] - 104:2,

104:8, 104:9

children [1] - 103:23

chips [1] - 206:7

choice [6] - 110:15,

110:16, 110:17,

110:18, 110:19,

110:21

choose [4] - 12:3,

26:19, 26:23, 110:14

chooses [1] - 26:20

choosing [1] - 28:5

chose [3] - 24:2,

24:5, 203:19

chosen [2] - 19:10,

19:11

Chronicle [1] -

195:16

Circle [8] - 55:7,

76:4, 78:1, 89:19,

92:23, 155:19,

155:25, 156:18

circumstance [2] -

129:3, 137:4

cities [3] - 37:11,

37:14, 38:5

citizen [8] - 26:16,

106:12, 106:16,

124:11, 210:7,

211:10, 211:12,

211:13

citizens [1] - 128:11

city [3] - 37:16,

37:17, 38:3

civil [23] - 31:2, 31:3,

31:17, 32:20, 78:11,

85:18, 86:7, 86:10,

87:16, 96:3, 96:4,

96:5, 102:7, 147:15,

152:12, 188:12,

190:7, 200:4, 200:5,

201:4, 206:11,

215:19, 215:24


227

Civil [1] - 6:14

claim [1] - 82:11

clarification [1] -

42:18

clarify [2] - 42:23,

146:24

clarifying [1] - 136:8

clarity [2] - 111:16,

135:21

Class [1] - 82:19

classic [1] - 38:8

cleaning [1] - 94:3

clear [7] - 9:13,

111:15, 117:9,

135:23, 139:9,

139:10, 169:3

clearcut [1] - 216:16

cleared [1] - 20:1

clearly [6] - 11:4,

47:3, 75:20, 76:13,

76:18, 77:1

client [10] - 31:9,

31:13, 52:20, 62:6,

77:22, 91:19, 124:12,

124:14, 184:8, 192:8

client's [4] - 62:9,

62:23, 63:12, 65:7

clients [2] - 31:15,

43:4

clients' [1] - 32:25

close [10] - 19:9,

22:8, 26:5, 28:18,

28:24, 29:4, 35:24,

89:21, 180:12, 208:6

closet [2] - 197:21,

197:24

closets [1] - 80:17

closing [1] - 105:9

clothes [6] - 188:19,

188:24, 197:21,

197:23, 198:3, 217:17

clothing [4] - 80:16,

80:17, 90:9, 94:19

co [3] - 66:15,

176:13, 177:2

co-conspirators [2] -

66:15, 176:13

co-defendants [1] -

177:2

code [28] - 25:25,

109:18, 109:24,

110:3, 110:5, 110:8,

110:10, 119:17,

121:9, 121:11,

121:12, 121:13,

121:14, 130:17,

134:20, 137:25,

138:2, 138:8, 138:10,

140:7, 140:17,

161:16, 161:18,

162:25, 207:14,

207:20

Code [4] - 13:18,

13:19, 82:20, 161:17

Code's [1] - 109:6

codes [1] - 162:4

coffee [1] - 74:16

coffee-with-cream

[1] - 74:16

collectively [1] -

189:24

College [2] - 35:20,

35:24

color [5] - 34:11,

62:16, 63:16, 74:16,

74:25

Colquitt [1] - 2:10

column [1] - 46:15

combination [2] -

44:16, 44:19

combined [1] - 46:13

comfortable [2] -

120:1, 185:8

coming [7] - 61:7,

74:18, 142:16,

174:12, 182:15,

188:9, 191:1

comments [2] -

176:25, 182:13

commercial [16] -

18:12, 18:13, 18:16,

25:4, 27:20, 31:4,

33:10, 34:21, 35:2,

35:16, 35:21, 36:1,

36:3, 36:13, 39:10,

74:23

commit [1] - 101:16

committed [1] -

101:13

common [1] - 69:7

communicate [1] -

12:15

communication [1] -

184:12

community [3] -

115:5, 115:6, 170:23

Company [1] -

116:17

compelled [3] -

152:25, 208:24,

219:12

compilation [1] -

14:8

complaints [1] -

174:6

complete [3] -

122:18, 152:23, 173:3

completed [4] -

15:14, 20:10, 23:10,

106:22

completely [2] -

21:14, 182:7

compliance [1] -

187:18

comply [1] - 134:14

Complying) [1] -

95:13

composed [1] - 33:8

comprehensive [2] -

130:16, 137:21

Computer [1] - 1:25

Computer-Aided [1]

- 1:25

concern [3] - 104:16,

104:18, 181:14

concerned [5] -

101:1, 206:15,

210:10, 220:24,

220:25

concerning [1] -

135:18

concerns [1] - 122:4

concluded [1] - 40:4

conclusion [3] -

11:19, 28:3, 87:23

conclusions [3] -

8:23, 20:22, 32:4

concocted [2] - 18:2,

18:22

concurrent [1] -

150:11

condition [1] -

175:20

confer [1] - 94:1

confident [3] - 211:5,

211:11, 213:25

confines [2] - 27:24,

119:19

confusing [3] -

134:21, 134:22,

134:24

Congress [1] - 18:8

connected [1] -

178:22

Conroe [17] - 1:22,

34:1, 60:25, 68:22,

68:23, 72:9, 74:19,

76:25, 80:1, 83:22,

85:15, 114:7, 163:17,

164:5, 164:23,

167:24, 222:25

consciously [2] -

217:21, 217:22

consensus [2] -

185:11, 213:21

consequently [1] -

213:1

consider [5] - 13:5,

14:19, 127:16,

204:11, 210:2

considerable [2] -

149:18, 203:3

considered [1] -

100:23

considering [2] -

14:18, 101:7

consist [1] - 13:5

consistent [1] -

102:12

consisting [1] -

124:21

conspiracy [7] -

62:11, 64:10, 64:12,

64:21, 99:18, 177:4,

177:10

conspirators [2] -

66:15, 176:13

conspired [1] - 64:9

constitute [1] - 91:24

consume [1] - 38:18

contact [3] - 11:14,

198:17

contacted [1] -

215:11

contain [2] - 94:17,

130:20

contains [2] - 140:7,

222:7

contents [4] - 80:22,

157:7, 163:24, 181:9

contest [13] - 8:24,

9:3, 9:15, 10:8, 10:9,

20:19, 20:23, 31:24,

32:3, 147:14, 150:12,

200:19, 218:23

contested [5] -

39:16, 39:18, 39:22,

40:4, 40:5

context [2] - 94:7,

139:11

continue [2] -

106:19, 113:3

CONTINUED [2] -

6:1, 7:1

continued [1] - 147:8

continues [1] -

106:25

continuing [1] -

87:16

CONTINUING [2] -

72:7, 200:1

continuous [1] -

153:13

continuously [1] -

203:8

contrary [1] - 153:3

control [4] - 18:3,

28:1, 134:12, 134:13

controls [1] - 99:10

conversation [2] -

201:13, 214:8

conversations [2] -

135:8, 135:12

convicted [2] -

106:22, 107:5

conviction [2] -

55:18, 106:6

convince [2] - 101:9,

101:19

convinced [1] -

133:19

convincing [1] - 9:14

Cook [22] - 5:21, 7:4,

45:12, 60:4, 60:5,

60:8, 70:8, 70:9, 76:6,

79:23, 81:4, 83:14,

83:17, 145:1, 145:2,

146:21, 146:25,

163:25, 164:4, 196:23

Cook's [1] - 6:12

cooperate [1] -

205:16

copies [4] - 150:24,

157:11, 165:18

copy [13] - 33:14,

70:6, 73:18, 82:2,

122:24, 123:5,

137:17, 145:13,

167:4, 189:18, 194:4,

194:19, 212:11

corner [2] - 196:9,

196:11

corners [1] - 119:20

correct [125] - 9:7,

9:8, 36:2, 36:4, 37:11,

37:14, 51:25, 57:6,

59:2, 59:4, 59:12,

59:22, 60:9, 60:23,

60:24, 61:1, 61:2,

70:13, 82:6, 82:10,

82:15, 82:20, 82:21,

82:24, 83:23, 85:7,

85:8, 85:13, 85:14,

85:16, 94:12, 95:4,

97:5, 97:6, 97:8, 98:9,

98:11, 102:7, 103:4,

103:11, 105:3,

107:13, 107:17,

107:21, 108:9,

109:25, 110:7,

110:17, 111:19,

111:22, 111:23,

112:1, 113:16,

113:17, 114:13,

114:18, 114:22,

116:22, 121:14,

121:15, 129:21,

131:21, 135:3, 135:5,

146:13, 146:16,

146:23, 147:1,

147:20, 147:21,

148:11, 148:24,

149:5, 151:23, 152:5,

156:13, 159:10,

159:22, 160:18,

164:13, 176:2,

179:22, 180:22,

183:8, 185:16,

186:14, 186:15,

190:15, 190:16,

190:19, 191:21,

191:22, 198:12,

198:13, 199:22,

202:13, 202:14,

202:15, 202:19,


228203:18, 205:11,

206:13, 206:21,

207:19, 208:6,

209:25, 210:1, 211:3,

211:4, 211:16,

211:17, 211:19,

214:2, 214:3, 214:6,

215:17, 215:23,

216:2, 216:8, 216:24,

219:16, 219:18,

220:3, 221:3, 222:7

correction [1] -

171:25

correctly [4] - 90:23,

132:18, 179:20,

222:13

correspond [1] -

74:11

corridor [2] - 35:10,

35:17

cost [3] - 38:20,

200:7, 222:15

couch [1] - 52:25

counsel [28] - 17:11,

42:17, 122:5, 122:8,

122:13, 122:21,

123:9, 123:12,

123:14, 124:10,

132:2, 133:18,

136:13, 136:15,

139:18, 157:14,

189:17, 206:23,

207:1, 208:3, 208:7,

210:18, 210:19,

212:3, 212:6, 214:6,

222:8

count [3] - 147:23,

148:9, 149:10

counted [3] - 23:11,

24:9, 149:17

counting [3] - 21:15,

148:11, 149:16

country [1] - 26:17

COUNTY [2] - 1:5,

222:3

county [11] - 37:24,

76:17, 106:12,

109:20, 117:3, 117:5,

165:12, 170:15,

170:24, 181:17

County [29] - 1:22,

6:16, 16:9, 16:12,

16:15, 30:22, 36:17,

36:21, 54:5, 54:12,

72:21, 81:9, 81:16,

85:19, 97:8, 105:22,

106:14, 118:6, 119:9,

124:23, 126:20,

172:14, 181:6,

209:17, 211:6, 211:8,

219:10, 222:5, 222:24

couple [5] - 34:19,

53:13, 119:5, 130:12,

176:11

Courier [2] - 114:7,

114:8

course [9] - 14:10,

47:14, 57:18, 122:24,

129:3, 143:8, 161:23,

161:24, 186:24

Court [39] - 3:20,

8:20, 8:22, 9:3, 9:17,

14:3, 16:12, 17:11,

26:11, 29:25, 40:25,

41:20, 57:24, 59:5,

59:8, 62:10, 68:8,

69:2, 70:25, 75:25,

76:20, 79:16, 85:7,

93:19, 99:8, 100:23,

110:23, 157:23,

158:19, 160:6,

163:10, 167:7, 171:3,

199:18, 221:17,

222:4, 222:5, 222:23,

222:23

court [20] - 9:2, 9:14,

9:16, 10:6, 11:3,

16:13, 20:23, 30:12,

53:11, 99:6, 107:9,

109:5, 111:3, 170:19,

171:7, 187:2, 187:4,

197:19, 203:21,

222:11

COURT [245] - 1:2,

1:4, 8:1, 8:3, 8:6, 8:9,

8:11, 8:17, 9:7, 9:19,

9:22, 10:3, 10:9,

10:17, 10:20, 10:22,

11:1, 16:23, 17:1,

17:7, 20:16, 21:2,

21:8, 21:20, 22:3,

22:6, 22:18, 22:23,

23:1, 23:4, 26:9,

26:13, 27:4, 28:12,

28:17, 29:6, 29:9,

29:22, 31:21, 31:25,

32:6, 32:11, 32:14,

32:17, 32:23, 33:18,

40:13, 42:22, 43:13,

47:9, 47:22, 48:18,

48:25, 52:8, 52:15,

52:23, 53:12, 54:14,

60:18, 61:8, 61:15,

61:17, 61:20, 61:24,

62:2, 63:4, 63:10,

63:13, 63:23, 63:25,

65:2, 65:9, 65:21,

65:24, 66:4, 66:10,

66:13, 66:17, 66:19,

66:23, 66:25, 67:3,

67:5, 67:10, 67:15,

67:18, 67:22, 70:23,

71:23, 72:1, 72:5,

73:3, 73:13, 73:20,

73:22, 74:2, 74:5,

75:7, 79:7, 81:19,

84:2, 84:4, 86:14,

86:16, 86:22, 87:1,

87:6, 87:22, 88:6,

88:11, 89:13, 91:21,

91:23, 93:18, 93:21,

94:2, 94:15, 96:7,

96:19, 96:22, 99:3,

99:5, 99:15, 99:19,

99:23, 100:6, 100:15,

100:21, 101:7,

101:18, 101:21,

101:24, 102:2, 102:4,

102:20, 108:14,

117:18, 117:20,

118:17, 118:23,

123:17, 123:20,

124:20, 124:25,

125:5, 125:9, 125:13,

125:17, 125:20,

126:1, 126:4, 126:7,

126:11, 128:5, 128:7,

130:3, 132:9, 132:12,

136:3, 137:14,

138:14, 139:8,

139:15, 139:20,

139:23, 140:14,

141:10, 141:12,

141:18, 141:20,

141:22, 141:25,

142:2, 142:4, 145:15,

151:8, 151:12,

151:17, 152:17,

152:21, 152:23,

154:23, 154:25,

157:17, 161:3, 161:5,

161:8, 162:22,

166:11, 168:7,

169:14, 169:16,

169:20, 170:2, 170:4,

170:6, 173:3, 173:8,

173:11, 174:9,

174:12, 174:15,

174:20, 175:7,

175:13, 175:15,

175:19, 176:9,

176:18, 177:3, 177:6,

177:16, 177:20,

177:23, 178:3,

178:12, 178:22,

179:2, 179:5, 182:9,

183:23, 184:4, 184:7,

184:11, 184:15,

184:19, 184:25,

185:2, 189:24, 190:4,

199:6, 199:9, 199:11,

199:16, 199:23,

199:25, 202:8, 204:3,

204:6, 204:9, 218:12,

221:6, 221:9, 221:12,

221:20

Court's [8] - 3:6, 3:8,

3:19, 9:1, 13:4, 21:13,

67:11, 96:11

courthouse [1] -

12:25

COURTROOM [6] -

23:3, 32:16, 67:4,

102:3, 179:4, 185:1

courtroom [5] -

12:23, 29:13, 45:25,

111:1

courts [1] - 27:25

Cove [1] - 159:9

cover [4] - 23:14,

33:7, 73:17, 193:1

covered [5] - 63:7,

63:8, 63:9, 74:13,

75:9

covering [1] - 144:15

Crawford [1] - 163:8

cream [1] - 74:16

create [1] - 72:14

created [3] - 27:25,

33:5, 158:13

creating [1] - 18:10

credibility [3] -

14:16, 15:1, 140:1

credible [1] - 25:10

credit [2] - 149:8,

150:2

Creek [1] - 35:2

crime [8] - 19:18,

55:18, 101:13,

101:16, 106:6, 108:4

Criminal [2] - 13:18,

161:17

criminal [15] - 10:11,

25:20, 64:11, 107:6,

121:18, 128:18,

130:14, 133:7, 162:3,

203:24, 204:1,

204:19, 205:24,

219:1, 219:13

CROSS [5] - 4:2,

97:2, 130:4, 168:8,

206:9

Cross [1] - 3:13

cross [9] - 15:11,

15:21, 96:24, 102:5,

102:7, 102:8, 104:22,

138:18, 139:19

cross-examination

[1] - 96:24

CROSS-

EXAMINATION [4] -

97:2, 130:4, 168:8,

206:9

cross-examine [3] -

15:11, 15:21, 102:8

cross-examined [2]

- 102:7, 104:22

cross-examiner [1] -

138:18

cross-examining [1]

- 102:5

crossed [1] - 25:18

crosses [1] - 35:7

CSR [1] - 222:22

curious [1] - 194:21

current [4] - 127:12,

127:19, 144:13, 157:9

Curry [34] - 5:15,

6:21, 45:22, 50:8,

50:16, 50:25, 51:3,

52:3, 53:13, 57:9,

68:20, 76:15, 79:14,

81:3, 84:16, 145:3,

146:12, 149:13,

159:13, 159:25,

165:23, 166:23,

188:17, 191:12,

193:10, 193:23,

194:5, 195:17,

196:13, 196:14,

196:19, 197:6

Curry's [3] - 6:7,

56:25, 159:14

custodian [1] - 48:1

customary [1] -

13:10

Cut [1] - 76:25

cut [5] - 24:15,

201:6, 201:7, 213:10,

214:4

D

DA [1] - 25:21

DA's [1] - 25:21

Dabney [1] - 164:19

daily [3] - 114:25,

115:2, 213:24

danger [2] - 65:16,

181:12

Dara [4] - 3:16,

142:1, 142:11, 142:12

DARA [1] - 142:5

DARA........ [1] - 4:4

dark [3] - 34:1, 34:8,

35:5

darker [1] - 34:11

data [2] - 65:1, 157:8

date [57] - 43:18,

44:17, 50:16, 50:17,

51:22, 51:23, 52:6,

53:6, 56:5, 56:21,

57:11, 59:19, 59:25,

62:9, 78:8, 87:15,

88:8, 88:15, 88:17,

88:20, 92:11, 92:14,

92:19, 94:11, 94:21,

95:25, 96:2, 106:23,

144:13, 146:7, 147:4,

147:6, 147:17,

147:20, 150:20,

150:21, 152:9,

152:10, 153:7,

153:15, 153:17,

156:6, 156:19, 157:2,


229158:13, 158:17,

159:16, 164:12,

168:22, 168:25,

169:6, 179:18,

195:20, 216:23

Date [1] - 222:22

dated [3] - 48:16,

57:4, 156:19

dates [3] - 144:15,

147:19, 152:5

Davenport [3] - 33:1,

43:5, 44:9

David [1] - 2:4

days [29] - 19:23,

19:24, 52:2, 55:19,

106:7, 108:17,

108:20, 108:25,

109:7, 109:8, 109:15,

109:21, 113:15,

131:19, 147:23,

147:25, 148:9,

148:10, 148:11,

148:13, 148:20,

152:12, 162:19,

162:24, 168:18,

168:19, 168:23,

180:24, 219:24

deal [2] - 63:25, 64:2

dealing [1] - 175:17

dealings [1] - 31:7

decade [1] - 112:6

decide [2] - 113:3,

139:24

decided [6] - 23:20,

190:17, 208:10,

208:14, 209:23, 216:4

decides [2] - 134:10,

134:11

decision [7] - 21:9,

27:11, 127:14,

137:24, 208:12,

208:16, 215:25

decisions [2] -

21:10, 21:13

declare [1] - 113:23

declared [5] - 19:13,

113:21, 113:25,

119:3, 168:20

declaring [1] - 92:15

Deed [9] - 5:13, 5:14,

5:15, 5:16, 5:17, 5:18,

5:20, 5:21, 5:22

deed [22] - 62:5,

64:8, 65:4, 65:5, 65:7,

66:1, 66:8, 66:14,

66:16, 67:7, 67:25,

68:3, 68:9, 68:16,

68:20, 68:25, 69:1,

69:4, 69:8, 69:12,

70:20, 75:3

deeds [2] - 61:23,

67:17

defendant [22] -

8:12, 15:5, 15:18,

16:6, 16:13, 16:16,

16:17, 19:20, 23:10,

25:13, 26:1, 26:6,

45:25, 53:19, 65:12,

80:3, 92:3, 92:22,

139:25, 146:4,

171:10, 181:25

DEFENDANT [4] -

1:7, 2:8, 8:1, 16:25

defendant's [2] -

100:5, 171:14

Defendant's [2] -

3:6, 3:18

defendants [2] -

20:11, 177:2

DEFENSE [1] - 8:1

defense [7] - 100:9,

100:22, 100:23,

101:2, 101:14,

139:18, 157:14

Defense [9] - 8:14,

15:11, 15:16, 15:20,

21:24, 27:12, 28:16,

199:17, 199:21

define [1] - 131:11

defined [3] - 138:1,

138:7, 138:10

definition [4] -

110:24, 138:24,

139:1, 140:16

definitions [4] -

134:16, 134:19,

135:23, 138:22

degree [2] - 15:1,

31:11

deliberate [2] -

11:19, 16:1

deliberation [3] -

12:14, 12:16, 12:17

deliberations [2] -

14:9, 204:12

demonstration [1] -

72:19

demonstrative [1] -

151:4

denied [1] - 204:9

denotes [1] - 7:25

departing [2] -

147:6, 202:23

Department [11] -

7:7, 54:5, 95:24,

154:1, 157:4, 158:18,

163:3, 165:8, 165:15,

165:18, 166:6

departure [5] -

49:13, 50:17, 51:4,

51:13, 150:20

depict [3] - 77:8,

78:23, 94:10

Deputy [2] - 222:4,

222:23

described [1] - 84:18

DESCRIPTION [3] -

5:3, 6:3, 7:3

description [1] -

84:7

descriptions [1] -

10:5

deserves [1] - 15:2

design [3] - 18:13,

36:5, 36:6

designated [1] -

74:15

designation [3] -

68:11, 68:13, 68:17

desire [4] - 179:12,

180:3, 205:10, 205:11

desired [1] - 140:20

desk [3] - 189:11,

189:12, 193:17

despite [2] - 23:25,

25:2

detail [3] - 84:6,

100:3, 200:12

detailed [1] - 114:24

determination [2] -

132:3, 139:24

determine [3] -

14:14, 14:15, 25:10

determined [3] -

107:8, 220:19, 220:20

determining [2] -

71:2, 130:21

Development [1] -

116:17

diagram [1] - 33:25

dicey [1] - 208:3

dictionaries [1] -

12:24

different [29] - 9:13,

10:10, 13:16, 14:2,

37:13, 38:18, 57:18,

59:11, 78:19, 86:24,

91:9, 91:13, 93:8,

97:23, 101:6, 134:16,

134:17, 134:18,

134:19, 148:13,

148:25, 153:11,

155:4, 164:12,

166:15, 173:7, 217:23

difficult [2] - 45:16,

118:3

digest [1] - 212:12

dignity [1] - 16:21

DIRE [2] - 4:2, 71:6

Dire [1] - 3:13

dire [5] - 26:2, 26:25,

70:22, 70:24, 71:3

DIRECT [7] - 4:2,

30:4, 72:7, 126:14,

142:7, 170:9, 200:1

Direct [1] - 3:13

direct [3] - 120:17,

138:18, 199:25

directing [1] - 25:25

direction [1] - 44:22

directly [2] - 204:14,

204:15

Director [1] - 42:4

director [7] - 43:1,

43:16, 44:11, 57:19,

57:23, 59:3, 113:3

directors [14] - 37:2,

37:4, 37:6, 41:8,

42:25, 43:6, 44:6,

47:15, 58:8, 77:22,

111:24, 112:10,

112:19, 220:10

Directors [9] - 18:1,

18:25, 19:4, 36:23,

37:2, 40:19, 41:10,

179:21, 180:9

Directors' [4] -

16:18, 36:20, 39:13,

142:24

directors' [2] - 58:9,

59:7

directorship [1] -

111:22

Dirk [1] - 98:18

disagree [6] - 22:6,

108:12, 108:13,

132:14, 133:11,

133:12

discharged [1] -

11:21

discourage [3] -

129:22, 131:4, 134:7

discovered [2] -

198:16, 214:25

discuss [10] - 11:7,

11:17, 11:20, 11:25,

29:1, 29:13, 55:9,

169:20, 177:20, 179:6

discussed [5] -

55:10, 72:16, 150:2,

176:6, 199:17

discussing [3] -

11:12, 83:11, 84:12

discussions [3] -

129:11, 181:16,

208:17

display [1] - 80:21

dispute [1] - 19:21

disregard [3] -

204:5, 204:6, 204:10

distinct [1] - 133:10

distinction [1] -

180:1

district [19] - 18:12,

25:22, 27:20, 75:24,

76:1, 115:20, 116:12,

120:6, 120:7, 179:17,

192:21, 209:1,

209:10, 210:14,

210:20, 215:4, 215:5,

215:6, 217:6

DISTRICT [2] - 1:4,

1:7

District [110] - 5:24,

6:16, 9:3, 16:11,

16:18, 17:20, 17:23,

18:1, 18:4, 18:5, 18:7,

18:14, 25:9, 25:17,

31:11, 31:13, 31:16,

32:19, 32:25, 33:3,

33:4, 33:11, 33:15,

33:23, 34:12, 34:22,

35:3, 35:11, 35:15,

36:1, 36:8, 36:13,

36:15, 36:24, 37:1,

37:22, 38:13, 38:17,

39:2, 39:7, 39:11,

39:20, 40:10, 40:17,

40:20, 41:5, 41:7,

41:9, 41:10, 41:11,

41:15, 42:1, 42:5,

42:13, 42:14, 42:17,

46:13, 53:5, 64:13,

72:15, 72:20, 74:10,

74:15, 74:17, 74:19,

75:1, 75:15, 75:21,

76:5, 76:10, 76:14,

76:18, 76:22, 77:2,

77:14, 81:9, 81:16,

85:19, 115:16, 116:2,

118:6, 119:9, 120:11,

120:14, 124:23,

126:20, 126:22,

127:7, 128:12,

128:15, 128:23,

130:24, 135:9,

135:13, 158:1,

171:17, 172:16,

172:21, 177:12,

178:9, 179:7, 179:22,

180:13, 181:6,

206:15, 209:8, 219:4,

219:6, 222:5, 222:23

districts [3] - 37:13,

38:7, 38:22

Districts [2] - 38:12,

38:14

Division [1] - 135:11

DMV [1] - 154:1

document [22] -

19:18, 47:23, 49:22,

49:24, 51:8, 54:20,

56:3, 56:6, 56:7,

68:10, 68:11, 69:23,

70:7, 82:22, 86:2,

151:9, 151:11,

156:23, 163:24,

192:10, 194:20,

194:23

documents [17] -

13:8, 48:6, 98:8,

144:13, 145:16,

145:22, 149:12,

150:6, 150:17,

150:18, 155:1, 155:9,


230159:3, 164:9, 164:16,

192:9, 218:1

dog [2] - 25:11,

27:21

domain [1] - 140:2

domicile [1] - 138:11

donate [1] - 200:10

donated [1] - 200:9

done [12] - 16:3,

28:21, 63:1, 78:5,

93:20, 95:21, 100:25,

150:23, 169:6, 182:5,

199:20, 205:12

Donecker [1] -

163:15

door [2] - 139:20,

180:12

dot [3] - 35:14,

77:11, 77:13

doubt [1] - 9:15

down [28] - 17:14,

25:17, 28:10, 31:23,

40:24, 55:13, 74:1,

82:1, 84:9, 101:3,

105:9, 110:11, 127:8,

149:9, 171:7, 174:13,

180:12, 180:13,

181:18, 183:4,

184:22, 190:8, 192:4,

194:8, 195:7, 214:1,

216:14, 216:19

downsize [2] - 93:15,

103:18

downsizing [2] -

104:1, 104:21

downtown [1] - 34:5

Doyle [32] - 5:20,

6:25, 45:13, 60:5,

69:20, 79:21, 81:4,

81:24, 144:24,

163:15, 163:16,

165:24, 166:1, 166:3,

167:18, 173:18,

174:2, 174:4, 174:22,

174:24, 175:2, 175:3,

175:4, 175:8, 176:4,

176:23, 191:19,

191:20, 193:5, 196:23

Doyle's [5] - 6:11,

59:20, 69:22, 75:12,

81:23

DPS [11] - 6:19, 6:20,

6:21, 6:22, 6:23, 6:24,

6:25, 7:4, 7:5, 7:6,

157:11

drafted [1] - 144:12

draw [1] - 14:23

drawn [2] - 22:5,

22:7

Drive [27] - 19:6,

35:10, 35:12, 35:20,

35:24, 44:24, 47:13,

48:2, 55:3, 56:15,

57:18, 58:5, 58:19,

58:21, 59:14, 60:9,

70:12, 74:21, 74:22,

77:13, 77:14, 95:17,

97:15, 117:15,

143:23, 159:1, 168:1

drive [3] - 36:12,

115:21, 115:23

driven [1] - 33:22

driver's [16] - 95:7,

95:9, 95:10, 95:15,

95:17, 95:22, 117:10,

157:8, 157:22,

160:18, 161:11,

161:19, 162:14,

163:4, 164:20

driveway [1] - 90:19

driving [1] - 163:7

drop [1] - 23:16

drove [1] - 18:15

dry [2] - 213:10,

214:4

duly [5] - 16:10,

30:3, 126:13, 142:6,

170:8

duplicate [1] - 73:8

durational [3] -

131:9, 131:11, 131:16

during [11] - 11:8,

12:9, 13:1, 13:9,

14:10, 15:13, 21:22,

149:14, 199:16,

203:6, 203:12

duties [1] - 128:11

duty [2] - 11:13, 25:7

E

Early [1] - 5:7

early [16] - 14:3,

43:20, 43:24, 43:25,

44:1, 44:4, 44:5,

44:14, 44:18, 46:5,

46:13, 46:17, 95:22,

98:12, 116:24, 117:7

earnest [1] - 152:13

easier [1] - 74:3

east [3] - 76:17,

76:25

east/west [1] - 35:10

eastside [1] - 75:13

edge [3] - 34:8,

34:14, 35:19

Edward [1] - 44:9

effect [5] - 15:15,

85:20, 104:25,

108:21, 140:20

effective [1] - 140:8

efficiency [1] - 79:4

effort [1] - 202:4

eight [3] - 45:21,

190:6, 190:17

either [12] - 28:21,

30:17, 61:4, 66:15,

90:17, 94:24, 94:25,

101:17, 111:25,

119:23, 159:24,

188:18

elect [2] - 18:2, 25:15

elected [6] - 37:3,

37:4, 37:5, 112:16,

180:8, 180:10

Election [6] - 5:5,

5:6, 5:8, 36:20, 109:6,

142:24

election [194] - 8:24,

8:25, 9:3, 9:15, 10:7,

16:16, 16:19, 17:22,

17:23, 17:24, 19:22,

19:25, 20:1, 20:7,

20:19, 21:15, 21:19,

21:23, 23:7, 25:14,

25:15, 25:25, 27:1,

27:11, 27:14, 31:18,

31:24, 32:3, 32:24,

36:19, 37:3, 37:6,

37:8, 39:14, 39:16,

39:18, 39:20, 39:22,

39:24, 40:3, 40:4,

40:5, 40:6, 41:15,

43:16, 43:17, 43:21,

43:25, 44:18, 46:5,

46:14, 46:16, 46:19,

48:9, 48:20, 49:13,

49:14, 50:18, 50:19,

51:2, 51:11, 51:13,

51:24, 52:2, 52:4,

53:5, 54:11, 58:9,

62:7, 64:10, 64:18,

78:10, 78:14, 78:16,

85:19, 86:5, 86:6,

91:1, 94:23, 98:10,

98:22, 98:23, 104:2,

108:20, 108:25,

109:15, 109:18,

109:22, 109:24,

110:2, 110:5, 110:8,

110:10, 111:11,

112:9, 112:12,

112:15, 112:17,

112:24, 113:4, 113:6,

113:10, 113:11,

113:15, 113:21,

113:23, 116:23,

117:14, 119:16,

120:11, 120:12,

121:7, 121:9, 121:11,

121:13, 121:14,

127:15, 130:17,

131:20, 133:20,

133:25, 134:3, 137:8,

137:25, 140:7,

140:16, 142:21,

147:14, 147:16,

147:17, 150:12,

152:10, 155:14,

156:21, 156:22,

157:5, 172:8, 174:1,

180:25, 183:16,

183:20, 185:14,

186:12, 186:14,

195:22, 196:3, 196:4,

197:10, 197:11,

198:25, 199:1,

200:19, 201:1, 201:4,

202:11, 205:22,

205:24, 206:13,

207:14, 207:20,

208:8, 209:2, 209:11,

209:14, 210:8,

210:12, 210:23,

210:25, 211:22,

212:6, 213:23,

214:18, 215:7,

215:11, 216:23,

217:6, 217:16,

218:23, 219:23,

219:25, 220:7,

220:12, 220:21

Elections [2] - 54:5,

54:12

elections [5] - 131:5,

173:25, 186:22,

209:8, 215:3

elects [1] - 64:3

elements [1] -

178:23

elevator [1] - 11:10

eligibility [3] - 138:1,

138:4, 138:22

eligible [3] - 16:17,

121:20, 131:3

ELMO [1] - 137:13

elsewhere [2] -

138:2, 138:7

embarrassment [1] -

30:16

emotional [1] - 52:13

empaneled [1] -

16:10

empty [1] - 197:24

enacted [1] - 13:20

encountered [1] -

197:1

encourage [3] -

102:11, 118:8, 136:15

encouraged [6] -

103:2, 117:24,

119:12, 122:5,

123:11, 129:8

encouragement [1] -

127:22

encourages [1] -

133:22

encouraging [1] -

127:23

encyclopedias [1] -

12:24

end [15] - 11:21,

14:5, 25:12, 28:2,

28:7, 34:16, 52:3,

82:13, 87:7, 87:24,

101:25, 125:17,

148:23, 162:9, 215:8

ended [2] - 49:19,

175:15

ends [1] - 23:22

engage [2] - 24:2,

27:14

engaged [4] - 27:23,

104:5, 209:24, 210:3

engaging [1] - 28:4

enhancing [1] -

27:20

enlargement [3] -

73:12, 73:18, 74:1

entered [2] - 17:1,

126:25

entire [2] - 36:16,

97:7

entirely [1] - 18:13

entirety [1] - 106:3

entitled [3] - 1:20,

155:21, 178:12

entity [4] - 18:8,

26:20, 37:18, 37:21

entity's [1] - 155:21

equipment [1] -

80:25

escort [1] - 61:11

especially [1] -

130:23

essential [1] - 81:23

essentially [1] -

28:25

establish [3] -

131:13, 213:12,

217:19

established [3] -

18:8, 27:19, 217:25

estate [4] - 31:4,

31:6, 62:5, 66:14

Estate [2] - 84:7,

84:11

Estates [2] - 41:21,

171:5

Eugene [1] - 44:10

evading [2] - 139:16,

140:11

evaluate [1] - 14:15

even-numbered [1] -

37:4

evening [6] - 169:21,

171:20, 185:13,

197:17, 221:15,

221:19

event [1] - 147:13

events [1] - 115:6

evidence [42] - 9:14,

11:6, 11:18, 12:23,

13:4, 13:5, 13:7,


23113:23, 15:8, 15:17,

15:24, 16:4, 21:10,

21:21, 22:21, 23:18,

23:25, 24:6, 25:12,

25:25, 26:5, 27:5,

27:17, 27:18, 27:21,

28:2, 28:7, 56:18,

62:13, 64:22, 65:15,

65:17, 71:25, 77:22,

86:19, 98:7, 99:24,

127:1, 132:7, 168:11,

178:6, 222:8

Evidence [4] - 13:17,

13:18, 14:2, 65:18

exact [3] - 64:16,

73:8, 154:12

exactly [8] - 19:20,

21:12, 26:3, 91:6,

111:19, 129:7,

130:20, 156:22

examination [1] -

96:24

EXAMINATION [16] -

30:4, 71:6, 72:7, 97:2,

117:21, 119:6, 124:7,

126:14, 130:4,

137:15, 141:1, 142:7,

168:8, 170:9, 200:1,

206:9

examine [6] - 15:9,

15:11, 15:21, 47:16,

86:8, 102:8

examined [4] -

15:10, 95:18, 102:7,

104:22

examiner [2] -

138:18

examining [2] - 95:5,

102:5

example [3] - 38:8,

38:15, 154:1

except [3] - 29:14,

62:23, 169:17

exception [1] - 78:25

exchange [1] - 206:4

exchanged [1] - 19:8

exclusion [2] -

28:20, 29:10

exclusive [3] -

137:21, 137:23, 140:2

excuse [1] - 97:12

excused [9] - 96:14,

125:10, 125:13,

141:10, 141:12,

141:15, 169:14,

221:9, 221:12

exemption [18] -

81:12, 81:23, 82:11,

82:13, 82:23, 83:7,

83:8, 83:14, 84:10,

84:11, 84:16, 84:23,

85:6, 85:11, 85:23,

86:3, 87:11, 87:15

Exemptions [1] -

5:25

exemptions [1] -

82:9

exercise [2] -

102:11, 127:22

exercising [3] -

107:9, 131:1, 131:4

exhibit [11] - 61:24,

63:4, 63:13, 71:24,

73:14, 73:16, 74:4,

77:4, 114:23, 165:4,

202:7

Exhibit [51] - 33:14,

33:18, 40:9, 42:3,

44:15, 46:25, 47:7,

47:20, 47:22, 66:11,

67:25, 68:15, 68:16,

68:20, 69:11, 69:19,

69:21, 70:19, 72:6,

73:3, 78:4, 79:9,

79:12, 79:15, 94:4,

98:13, 98:14, 98:15,

105:24, 105:25,

124:17, 124:22,

125:6, 127:1, 137:18,

145:7, 145:10, 150:5,

157:25, 158:21,

160:9, 163:6, 163:12,

165:1, 165:17,

166:16, 168:10,

189:17, 189:25,

190:9, 190:13

EXHIBIT [3] - 5:1,

6:1, 7:1

Exhibits [4] - 43:13,

62:14, 64:7, 79:9

exhibits [13] - 7:25,

13:8, 53:10, 61:7,

61:19, 64:19, 64:24,

66:6, 67:10, 67:19,

67:23, 166:12, 222:13

exist [2] - 21:22,

205:15

existence [1] - 112:3

exists [2] - 25:5,

64:21

expanded [1] -

182:23

expect [2] - 15:8,

80:25

expected [1] - 20:5

expense [1] - 149:18

experience [4] -

72:13, 161:10, 162:9,

162:11

expert [1] - 161:2

Expiration [1] -

222:22

explain [8] - 31:15,

33:21, 36:23, 39:18,

44:3, 84:7, 125:24,

190:20

explained [2] -

74:11, 128:25

express [2] - 179:12,

180:3

expressing [1] -

184:21

extension [1] - 35:13

extent [2] - 145:25,

198:18

extra [1] - 23:15

extremely [1] - 116:3

eyebrows [1] - 20:4

F

faces [1] - 189:14

fact [41] - 8:23,

11:16, 20:22, 21:14,

22:15, 27:8, 27:9,

40:5, 60:14, 70:20,

72:14, 73:25, 86:11,

88:19, 95:9, 95:16,

97:19, 98:25, 105:5,

105:8, 108:19,

111:24, 112:2, 112:8,

120:7, 133:14, 140:4,

144:3, 168:18,

173:25, 179:24,

180:10, 185:3, 186:1,

190:6, 198:15,

200:21, 205:13,

217:11, 217:12, 219:8

fact/conclusions [1]

- 9:10

factors [1] - 14:25

facts [9] - 12:22,

14:15, 26:21, 53:1,

82:5, 82:9, 98:20,

132:7, 152:14

fair [9] - 15:11,

15:21, 21:20, 21:23,

22:9, 100:21, 122:16,

161:7, 191:8

Fairly [1] - 77:12

fairly [4] - 78:22,

80:4, 80:5, 94:10

fall [1] - 206:7

false [8] - 19:19,

55:16, 82:14, 82:18,

92:4, 106:4, 108:3,

216:12

familiar [7] - 31:8,

31:12, 41:2, 41:22,

46:20, 162:3, 200:7

familiarize [1] -

168:12

families [2] - 91:9,

91:14

family [4] - 31:3,

80:20, 91:7, 195:11

family-oriented [1] -

31:3

fantastic [1] - 144:18

far [6] - 127:13,

197:18, 211:2,

217:13, 220:24,

220:25

fashion [1] - 145:23

father [1] - 85:12

favorable [1] - 22:1

February [3] - 49:5,

90:3, 99:1

federal [3] - 55:18,

106:6, 108:5

fellow [5] - 11:18,

12:5, 96:12, 193:20,

195:15

felon [1] - 106:22

felony [3] - 82:19,

106:22, 107:5

felt [14] - 25:6,

128:15, 129:1,

207:11, 209:13,

209:16, 209:22,

209:23, 210:11,

211:5, 211:11,

213:25, 217:23,

218:23

few [12] - 20:4,

29:23, 61:21, 116:25,

134:19, 135:6, 168:5,

187:9, 198:8, 200:3,

203:6, 219:23

fields [1] - 156:16

fifth [1] - 45:16

fifty [4] - 17:21,

208:3

fifty-fifty [2] - 17:21,

208:3

fight [1] - 25:11

figure [1] - 210:13

figured [1] - 125:23

file [1] - 39:21

filed [10] - 19:3,

20:12, 22:12, 22:16,

53:7, 56:2, 94:22,

94:24, 145:10, 152:12

filing [4] - 39:19,

82:14, 96:2, 96:4

Filings [1] - 6:17

fill [3] - 108:21,

134:9, 180:17

filled [7] - 107:4,

179:18, 180:19,

181:2, 183:3, 183:9,

218:5

fills [1] - 108:19

final [9] - 12:9,

15:25, 51:8, 60:20,

107:8, 139:24,

157:14, 164:16,

169:25

finally [3] - 29:18,

85:11, 106:21

findings [5] - 8:23,

9:1, 9:9, 20:22, 32:5

fine [4] - 55:19,

106:7, 191:5, 194:25

finished [2] - 15:24,

151:18

firm [4] - 30:10,

128:24, 129:4, 129:5

firm's [1] - 48:4

firms [1] - 30:23

first [40] - 8:4, 9:25,

10:22, 19:22, 28:12,

30:3, 43:7, 43:9, 49:7,

54:15, 54:18, 73:7,

78:25, 98:8, 105:24,

106:11, 120:7,

126:13, 142:6,

142:11, 146:8,

146:11, 166:21,

170:8, 171:16,

172:23, 175:24,

176:12, 176:17,

182:21, 187:2,

189:17, 191:15,

201:20, 203:6,

204:18, 206:18,

214:19, 214:21, 215:2

First [2] - 126:19,

181:8

fit [1] - 14:2

fits [1] - 13:16

five [6] - 37:3,

169:24, 170:15,

170:24, 171:1, 199:12

five-minute [2] -

169:24, 199:12

flip [7] - 45:1,

145:16, 155:12,

156:8, 166:13,

166:18, 189:22

flipped [1] - 196:1

flipping [3] - 145:20,

146:20, 149:20

floodplain [3] -

104:11, 104:13,

104:15

flowed [1] - 182:4

flowing [1] - 198:10

FM [5] - 34:9, 34:14,

34:23, 74:20, 74:23

focus [3] - 54:18,

55:13, 158:1

folio [1] - 50:14

folios [1] - 53:14

folks [2] - 45:9,

128:14

follow [5] - 14:11,

14:13, 61:10, 91:24,

221:17

follow-up [1] - 91:24

following [5] - 1:19,

13:17, 15:4, 94:24,

186:25

follows [4] - 30:3,


232126:13, 142:6, 170:8

food [2] - 80:10,

94:19

Fools' [5] - 19:10,

57:4, 58:3, 59:22,

59:23

foot [1] - 17:19

FOR [2] - 2:2, 2:8

for.. [1] - 37:7

forefathers [1] -

26:16

foregoing [1] - 222:6

foremost [1] - 16:2

foreperson [1] -

16:22

Forest [15] - 35:10,

35:12, 35:17, 35:20,

40:25, 57:24, 69:2,

74:22, 76:20, 79:16,

85:6, 97:12, 97:15,

160:6, 167:7

forgive [1] - 188:15

form [36] - 13:7,

43:20, 43:22, 44:16,

44:19, 46:10, 46:12,

54:17, 54:18, 54:19,

55:1, 55:5, 56:8,

56:10, 57:20, 57:22,

57:25, 58:21, 81:21,

82:3, 83:14, 85:4,

99:1, 101:23, 107:5,

108:19, 114:24,

119:10, 134:9,

156:10, 156:13,

156:19, 168:21,

216:13

format [1] - 73:9

formed [1] - 112:5

forms [5] - 53:15,

60:20, 81:12, 83:4,

106:1

forth [5] - 29:15,

121:18, 135:23,

161:6, 209:5

forward [7] - 17:5,

28:10, 28:24, 146:20,

182:12, 199:6, 213:9

foundation [1] -

161:6

four [10] - 50:8,

53:20, 53:21, 91:7,

91:13, 119:20,

197:16, 200:22

fourth [1] - 45:14

frame [3] - 147:15,

163:1, 182:8

frankly [1] - 42:13

fraud [2] - 20:5,

142:22

Frazior [1] - 135:10

free [1] - 26:7

frequent [1] - 30:17

frequently [1] -

97:22

Friday [3] - 152:3,

152:4, 185:14

friend [2] - 212:15,

212:16

friends [1] - 11:21

front [5] - 184:16,

189:11, 189:12,

193:16, 205:16

froze [1] - 20:6

frozen [2] - 21:6,

23:8

frugal [3] - 201:23,

201:25, 202:1

full [1] - 123:3

fully [1] - 25:19

fundamental [1] -

26:22

fundamentally [1] -

28:3

funded [1] - 36:13

funds [2] - 36:11,

38:24

FURTHER [1] - 124:7

future [1] - 128:18

G

gain [2] - 27:22

game [2] - 197:14,

197:15

garage [3] - 80:22,

80:24, 80:25

gathering [2] -

77:22, 207:6

Gaultney [1] -

113:18

Gene [3] - 33:1, 43:5,

44:10

general [5] - 17:13,

129:19, 185:11,

212:1, 213:21

General [6] - 2:5,

119:22, 123:2,

207:15, 212:10, 219:7

General's [10] -

122:14, 124:10,

124:14, 130:13,

137:1, 142:12,

142:15, 142:16,

142:19, 207:22

generally [9] - 28:21,

30:24, 31:2, 33:8,

36:8, 38:11, 122:12,

122:13, 129:21

Generals [1] - 2:5

gentleman [2] -

125:9, 174:24

gentlemen [18] -

10:22, 11:1, 17:7,

17:12, 23:5, 26:14,

28:19, 61:10, 70:24,

96:9, 98:16, 141:14,

180:3, 180:5, 199:12,

199:16, 204:12,

221:14

genuine [1] - 118:19

geographic [1] -

33:7

geography [1] -

72:22

gestae [1] - 178:14

get-togethers [1] -

189:4

gist [1] - 103:22

given [8] - 14:16,

16:4, 96:11, 132:3,

188:14, 207:12,

218:1, 221:17

glass [1] - 194:6

glean [1] - 140:13

GLICKLER [13] -

9:24, 22:11, 22:21,

29:5, 32:7, 100:4,

100:13, 100:19,

101:1, 101:5, 125:22,

126:3, 126:6

Glickler [1] - 2:4

global [1] - 177:25

goeddertz [1] - 42:6

Goeddertz [27] -

5:17, 6:23, 18:25,

45:8, 46:8, 50:9, 58:7,

58:10, 58:12, 69:5,

69:6, 69:8, 75:16,

75:19, 79:18, 81:4,

82:23, 144:24,

146:11, 160:13,

160:14, 176:5, 180:6,

196:6, 196:9, 196:17

Goeddertz's [2] -

6:9, 197:18

goods [1] - 97:25

Gosling [2] - 34:25,

35:1

governed [3] - 37:2,

37:17, 37:18

government [2] -

18:7, 33:5

government's [2] -

110:18, 110:19

governmental [6] -

26:20, 27:8, 28:1,

37:18, 37:21, 136:16

graduate [1] - 162:3

graduating [1] -

30:22

grand [18] - 16:9,

16:22, 65:14, 143:12,

143:15, 144:12,

144:23, 204:16,

204:19, 205:6, 205:8,

205:13, 205:17,

205:23, 206:4, 206:7,

215:20, 219:9

grandkids [2] -

104:23, 105:1

grandson [1] -

195:13

grandsons [1] -

195:6

Grant [8] - 120:5,

125:21, 126:16,

126:19, 181:8,

206:20, 207:17,

211:21

grant [9] - 8:20, 9:17,

130:6, 137:17,

138:21, 140:15,

206:20, 212:10, 218:2

GRANT [3] - 4:5,

126:9, 126:12

Grant's [1] - 139:18

Grant.......... [1] -

3:15

granted [2] - 9:22,

10:12

gray [4] - 34:8,

212:25, 213:1, 213:22

great [1] - 137:5

Grogan's [1] - 76:3

grounds [1] - 9:11

group [64] - 18:22,

18:24, 19:4, 20:7,

21:16, 23:10, 23:19,

23:20, 23:24, 24:8,

24:25, 25:7, 25:10,

25:16, 25:18, 91:8,

175:4, 175:9, 175:25,

178:10, 178:11,

181:20, 181:23,

182:3, 182:16,

183:12, 183:19,

185:18, 185:24,

186:21, 186:23,

186:24, 187:3, 187:5,

188:6, 188:11, 189:5,

190:6, 190:17, 191:5,

191:9, 195:11, 198:5,

198:7, 198:14,

198:20, 198:25,

200:25, 201:3, 202:4,

202:13, 203:17,

212:1, 212:2, 213:20,

213:24, 214:10,

214:13, 214:18,

215:10, 217:9, 220:11

grouped [1] - 146:1

grown [1] - 103:24

guess [11] - 9:4,

24:22, 40:23, 42:18,

111:2, 127:5, 128:24,

192:2, 192:3, 215:12,

219:2

guessing [2] -

149:17, 194:6

guest [14] - 49:24,

50:6, 50:13, 50:23,

50:24, 51:7, 53:14,

56:1, 57:13, 58:2,

58:4, 58:23, 60:12,

61:4

Guest [2] - 5:11, 6:4

guests [9] - 24:11,

49:23, 50:21, 51:6,

51:16, 51:17, 147:25,

148:3

guidelines [1] -

135:23

GUILT/

INNOCENCE [1] -

1:12

guilty [10] - 16:24,

16:25, 17:1, 26:6,

28:4, 28:9, 82:19,

139:25

Guinn [1] - 222:24

guy [2] - 132:10,

198:19

guys [2] - 81:24,

190:15

H

hairy [1] - 200:15

hallway [1] - 11:10

HAND [1] - 222:18

hand [11] - 11:5,

29:7, 29:9, 34:3, 34:6,

34:7, 34:14, 34:15,

46:15, 142:2, 170:4

handing [1] - 160:11

handle [1] - 31:2

handled [2] - 9:2,

98:19

handling [1] - 137:8

hands [2] - 10:24,

61:17

handwritten [1] -

40:23

Hanson [2] - 59:5,

59:8

Hansons [3] - 41:20,

163:10, 171:3

happy [1] - 173:7

hard [1] - 132:1

Harper's [1] - 75:13

Harris [2] - 105:22,

172:14

Hartman [5] - 42:9,

58:15, 79:18, 83:3,

160:16

hat [1] - 211:2

head [2] - 35:4,

184:8

heading [1] - 76:17

heads [1] - 140:12

hear [16] - 11:5, 11:6,

12:23, 15:14, 21:9,

23:17, 25:8, 25:9,


23327:11, 27:17, 74:7,

122:7, 171:7, 171:16,

187:8, 188:5

heard [14] - 1:20,

28:19, 101:11,

152:11, 182:21,

187:7, 200:17,

213:16, 213:21,

214:19, 214:21,

215:1, 215:2, 220:22

HEARING [6] - 23:3,

32:16, 67:4, 102:3,

179:4, 185:1

hearing [4] - 10:14,

73:17, 179:20, 184:20

hearsay [8] - 91:18,

91:24, 136:1, 176:8,

176:22, 177:1,

177:18, 204:2

heart [1] - 216:9

HEATH [174] - 8:5,

8:7, 8:10, 8:16, 8:18,

9:11, 9:23, 10:8,

20:14, 20:18, 20:25,

21:3, 21:7, 21:18,

22:4, 26:11, 26:14,

27:7, 28:15, 31:19,

31:23, 32:2, 32:13,

32:21, 33:16, 40:11,

42:20, 43:12, 47:8,

47:21, 48:15, 48:19,

48:23, 52:7, 52:12,

52:19, 54:13, 60:16,

61:18, 61:21, 61:25,

62:3, 62:18, 63:11,

63:15, 63:18, 65:6,

65:20, 66:3, 66:5,

66:8, 66:12, 66:14,

66:18, 67:8, 67:12,

70:5, 70:21, 71:7,

71:21, 72:4, 73:1,

74:8, 75:5, 77:4, 79:5,

81:17, 84:1, 84:3,

86:12, 86:15, 86:17,

86:23, 87:4, 87:21,

88:4, 88:9, 89:11,

91:17, 91:22, 92:1,

93:17, 93:19, 94:14,

97:1, 97:3, 99:20,

100:1, 100:10,

100:17, 101:4, 101:6,

101:15, 101:20,

101:22, 101:25,

102:5, 102:18,

102:25, 108:15,

108:17, 117:16,

118:16, 119:5, 119:7,

123:23, 124:5,

124:19, 125:3, 125:8,

125:12, 125:16,

128:3, 128:6, 130:2,

130:5, 132:15, 136:2,

136:5, 137:11,

138:12, 139:5,

139:13, 139:16,

140:10, 141:2, 141:7,

141:11, 145:13,

151:1, 151:14,

152:14, 152:22,

154:21, 154:24,

157:16, 160:25,

162:20, 166:8, 168:5,

168:9, 169:11,

169:15, 169:17,

173:1, 174:7, 174:11,

174:18, 175:6,

175:11, 176:7,

176:21, 177:4,

177:17, 179:1, 179:3,

182:6, 183:21,

184:10, 184:14,

184:18, 184:24,

190:2, 199:4, 199:7,

199:10, 199:22,

204:2, 204:4, 204:8,

206:10, 218:13,

221:4, 221:11

Heath [39] - 2:8,

5:13, 6:19, 8:13, 8:14,

8:20, 26:9, 50:8,

56:12, 56:18, 61:17,

63:10, 68:1, 68:14,

74:6, 84:23, 85:4,

96:8, 96:25, 117:23,

124:24, 144:25,

146:12, 157:20,

157:22, 158:4, 158:8,

158:9, 173:4, 173:22,

176:5, 191:24, 193:3,

193:4, 196:16,

214:25, 215:1

Heath's [8] - 6:5,

45:18, 56:11, 68:8,

75:22, 94:5, 94:16,

158:17

Heath.......... [1] -

3:11

held [4] - 1:21,

29:24, 43:17, 189:12

hello [1] - 23:16

help [8] - 14:25,

39:11, 70:4, 89:2,

102:16, 109:21,

109:23, 184:17

helpful [4] - 72:18,

72:22, 72:23, 135:22

hereby [1] - 222:6

hereinafter [1] -

16:13

hid [1] - 24:12

higher [1] - 51:14

highlight [2] - 82:1,

84:8

highlighted [1] -

83:5

Highway [2] - 74:23,

76:16

hijacked [1] - 20:3

historically [1] -

101:14

hoarding [1] - 53:9

hold [6] - 8:9, 26:7,

27:4, 115:6, 162:10,

193:16

holding [2] - 195:15,

198:11

Home [8] - 6:5, 6:6,

6:7, 6:8, 6:10, 6:11,

6:12, 6:13

home [46] - 17:18,

17:19, 17:21, 24:17,

70:17, 70:20, 75:12,

75:22, 75:23, 75:24,

76:2, 76:9, 76:12,

76:23, 76:24, 78:23,

79:1, 79:2, 79:10,

79:11, 80:2, 80:3,

80:4, 80:5, 80:7, 80:8,

81:6, 90:13, 90:17,

90:23, 92:23, 93:2,

94:5, 94:11, 94:17,

104:19, 118:13,

118:15, 118:19,

118:20, 172:13,

172:18, 188:24, 207:7

homes [5] - 17:20,

24:17, 24:20, 81:3,

94:18

homestead [17] -

68:12, 68:13, 68:16,

81:11, 81:23, 82:11,

82:23, 83:7, 83:8,

84:16, 84:23, 85:11,

85:24, 86:3, 87:11,

87:14, 119:3

Homestead [1] -

5:25

homesteads [1] -

85:20

honest [2] - 218:17,

218:18

honestly [1] - 198:8

Honor [136] - 8:5,

8:7, 8:10, 8:16, 9:4,

9:8, 9:18, 9:21, 9:23,

17:6, 20:14, 21:19,

26:11, 27:5, 27:7,

28:15, 29:5, 31:19,

32:13, 32:21, 33:17,

40:12, 42:20, 43:12,

47:6, 47:8, 47:21,

48:15, 48:23, 52:7,

52:9, 52:12, 53:2,

53:10, 54:10, 54:13,

60:16, 61:6, 61:16,

62:1, 63:6, 64:6,

64:10, 64:24, 66:3,

67:8, 67:12, 67:14,

67:21, 70:21, 71:21,

73:1, 73:21, 75:5,

79:5, 81:18, 84:1,

86:12, 88:9, 89:11,

91:17, 92:1, 93:17,

93:24, 93:25, 94:14,

97:1, 99:2, 99:4,

99:16, 99:25, 100:17,

100:19, 101:15,

102:19, 108:15,

117:17, 117:19,

123:19, 124:6, 125:3,

125:8, 125:11,

125:12, 125:14,

125:22, 130:2, 132:6,

136:1, 136:2, 137:12,

137:13, 138:12,

139:5, 139:13,

139:19, 139:22,

140:10, 141:8, 141:9,

141:11, 141:21,

145:9, 145:14, 151:2,

151:10, 151:14,

154:21, 154:24,

157:16, 160:25,

161:4, 162:21, 166:8,

168:4, 168:6, 169:12,

169:15, 173:1, 174:7,

174:14, 176:7,

176:10, 176:21,

182:6, 183:21, 190:1,

190:2, 199:4, 199:22,

199:24, 204:2,

218:10, 221:5,

221:10, 221:11

Honorable [1] - 1:21

hoped [1] - 140:22

hopes [2] - 127:14,

128:17

hoping [2] - 93:15,

158:1

horn [2] - 174:9,

174:14

Hospital [1] - 35:22

hotel [48] - 17:22,

19:16, 19:23, 20:2,

21:17, 22:13, 22:14,

22:17, 23:15, 24:11,

25:13, 46:23, 46:24,

48:3, 49:4, 50:7, 52:1,

52:10, 54:2, 56:1,

56:5, 56:22, 58:4,

58:22, 59:18, 59:24,

60:10, 77:15, 89:23,

90:2, 90:5, 95:11,

100:14, 127:7,

127:12, 132:21,

139:11, 143:16,

143:17, 143:20,

146:23, 147:13,

151:15, 195:11,

197:1, 199:1, 217:16

hotels [1] - 200:20

hours [1] - 162:1

house [11] - 24:13,

24:14, 24:15, 41:23,

103:10, 103:12,

103:13, 104:11,

104:12, 104:13, 105:1

Houston [2] - 2:10,

146:21

Howard [1] - 30:9

human [1] - 142:22

hunt [1] - 27:22

husband [2] -

191:20, 201:10

hypothetical [1] -

108:23

hypothetically [1] -

123:13

I

I-45 [6] - 34:9, 35:5,

35:24, 74:18, 75:13,

76:7

idea [9] - 18:20,

136:22, 178:9, 179:7,

182:20, 186:23,

197:12, 198:19,

198:20

identical [1] - 99:21

identification [1] -

93:11

identified [7] - 40:25,

44:6, 45:24, 50:7,

74:24, 196:7, 198:6

identifies [1] - 49:24

identify [1] - 73:24

identifying [1] - 79:1

ignored [1] - 26:1

Illegal [1] - 122:19

illegal [17] - 24:2,

26:8, 118:10, 118:11,

119:11, 121:12,

121:15, 121:17,

123:25, 129:17,

130:15, 130:18,

138:1, 143:7, 177:11,

205:22, 216:14

illegally [4] - 9:1,

218:6, 218:7, 218:21

image [2] - 168:22,

168:25

imagine [1] - 20:3

impeach [1] - 86:18

impeachment [1] -

86:20

implication [1] -

21:25

implications [1] -

25:20

importance [1] -

26:22

important [4] -

19:12, 26:6, 116:3,


234116:6

importantly [1] -

140:12

impossible [1] -

137:1

impression [1] -

111:21

imprisonment [2] -

55:19, 106:7

improbability [1] -

14:23

improper [5] - 27:6,

86:13, 86:16, 86:19,

86:25

improperly [1] -

138:25

IN [8] - 1:4, 8:1, 23:3,

32:16, 67:4, 102:3,

179:4, 185:1

inadmissible [1] -

65:17

inappropriate [1] -

24:5

Inc [1] - 155:17

incapacitated [2] -

107:10, 107:11

incarceration [1] -

107:1

inch [1] - 155:15

incident [1] - 214:20

inclination [1] -

14:22

include [4] - 46:5,

130:18, 137:20,

146:10

included [5] -

107:25, 108:1,

130:14, 177:13, 222:9

includes [4] - 33:10,

64:22, 116:11, 144:23

including [5] - 35:22,

59:25, 81:24, 106:25,

155:8

inclusion [1] - 62:12

incorporated [1] -

37:17

incorporation [2] -

155:4, 155:10

incorrect [2] -

104:13, 210:11

increments [1] -

148:25

incumbent [3] - 43:6,

47:15, 77:22

incumbents [1] -

43:8

indeed [5] - 47:25,

57:2, 58:18, 59:9,

82:16

independent [1] -

192:17

INDEX [4] - 4:1, 5:1,

6:1, 7:1

Indian [1] - 34:20

indicate [12] - 49:23,

50:4, 69:23, 73:17,

87:17, 89:5, 92:25,

103:23, 103:25,

180:8, 181:10, 185:17

indicated [22] -

50:10, 50:12, 51:16,

51:17, 71:8, 74:17,

88:20, 89:7, 89:21,

90:16, 94:18, 95:24,

97:4, 97:18, 104:10,

104:18, 104:20,

112:12, 135:2,

168:15, 206:17,

210:22

indicating [2] -

208:15, 220:2

indications [1] -

184:21

indicative [1] - 12:6

indicted [7] - 101:12,

177:11, 177:14,

205:23, 206:5,

219:17, 219:20

indictment [15] -

15:5, 15:6, 16:6,

16:15, 16:24, 62:12,

65:14, 140:1, 177:8,

177:25, 178:4, 178:7,

178:18, 182:11,

205:21

individual [15] -

12:22, 28:4, 50:13,

52:14, 56:23, 60:4,

62:22, 132:1, 134:12,

145:25, 146:3,

191:16, 191:18,

191:23, 193:8

individuals [30] -

27:13, 51:2, 52:10,

62:7, 62:22, 64:8,

65:5, 91:7, 97:24,

111:17, 112:15,

127:6, 127:11,

127:19, 128:14,

128:22, 129:6, 133:3,

140:8, 140:20,

144:19, 164:17,

166:7, 177:13,

178:10, 185:18,

185:24, 192:24,

193:1, 195:4

indoor [1] - 195:2

ineligible [1] - 108:8

inference [2] - 22:5,

27:10

inferences [2] -

14:24, 22:7

influence [2] -

130:25, 184:13

inform [1] - 9:25

informal [1] - 181:15

information [40] -

13:1, 19:17, 19:19,

55:17, 60:12, 88:18,

92:5, 93:22, 106:5,

107:22, 108:3,

143:11, 143:13,

143:14, 145:7, 153:2,

153:3, 153:4, 154:6,

155:5, 155:6, 155:11,

155:12, 160:8,

160:19, 160:21,

160:23, 162:14,

163:3, 163:11,

163:18, 164:6,

164:25, 173:20,

173:23, 178:13,

183:6, 216:12

informational [3] -

119:14, 120:24, 121:2

informative [3] -

127:18, 129:19,

130:14

informed [2] - 25:21,

172:24

informing [2] -

25:24, 129:17

infrastructure [1] -

38:25

initial [5] - 178:8,

182:23, 182:24,

182:25, 183:24

injunction [1] - 20:6

Inn [76] - 5:9, 19:6,

19:7, 19:10, 19:11,

46:24, 47:11, 47:12,

47:16, 48:2, 48:13,

53:25, 55:25, 56:4,

56:15, 56:19, 57:9,

57:13, 58:2, 58:4,

58:22, 58:23, 59:17,

60:1, 60:8, 60:12,

61:4, 72:10, 77:9,

77:15, 89:23, 90:2,

90:12, 90:25, 92:14,

92:18, 105:13,

143:21, 143:22,

144:4, 144:11,

145:12, 150:1, 150:8,

151:5, 151:21,

153:21, 153:24,

183:1, 183:5, 183:14,

183:16, 184:2,

185:17, 186:2, 186:5,

186:8, 186:10,

187:12, 188:10,

188:14, 188:17,

189:5, 191:9, 192:20,

193:16, 194:2, 195:3,

197:13, 197:24,

198:4, 200:21,

200:22, 202:10,

203:12, 217:7

Inn's [1] - 189:21

innocence [1] -

15:19

input [1] - 181:17

inserted [1] - 20:12

inside [30] - 17:22,

18:11, 24:20, 25:2,

25:5, 30:25, 33:9,

39:10, 41:4, 41:11,

41:24, 42:12, 45:10,

47:4, 56:7, 75:10,

75:18, 76:3, 76:4,

76:20, 77:13, 78:11,

115:15, 115:19,

116:16, 117:2,

172:15, 172:21,

209:6, 215:5

instance [1] - 218:2

instances [2] -

102:6, 218:3

instead [1] - 37:21

instruc [1] - 14:4

instruct [1] - 28:25

instructed [3] -

29:12, 204:4, 204:10

instruction [2] -

14:11

instructions [6] -

14:5, 29:24, 96:11,

180:7, 180:10, 221:16

Instructions............

........ [1] - 3:8

insurance [1] -

187:16

integral [1] - 115:25

integrity [2] - 11:11,

142:21

Integrity [1] - 135:11

intend [5] - 20:24,

61:21, 64:1, 66:20,

132:20

intended [2] - 140:9,

140:21

intent [5] - 18:14,

118:19, 131:13,

132:18, 213:12

intently [1] - 12:11

interact [1] - 188:7

interest [2] - 14:20,

128:16

interested [2] -

147:1, 172:11

intergroup [1] -

190:22

interjecting [1] -

152:14

intermediate [1] -

162:8

interpret [1] - 132:17

interpretation [4] -

132:22, 132:25,

133:2, 141:5

interrogated [1] -

125:1

intersect [1] - 217:15

intersects [1] - 35:6

Interstate [2] - 34:1,

34:2

intervene [4] - 23:11,

129:1, 129:2, 190:18

Intervenors [2] -

6:15, 190:14

intervenors [3] -

20:13, 190:7, 190:18

intervention [1] -

21:18

intrigued [1] - 194:9

introduce [4] - 30:8,

126:18, 142:9, 170:13

investigate [3] -

24:4, 142:23, 143:9

investigated [1] -

69:9

investigating [2] -

143:5, 143:6

investigation [7] -

12:22, 71:16, 143:9,

203:24, 204:17,

204:19, 219:2

investigations [1] -

142:13

invited [1] - 205:6

invoke [1] - 28:22

invoked [2] - 28:16,

29:11

involve [1] - 31:1

involved [12] - 21:22,

25:2, 31:17, 32:2,

62:7, 65:13, 77:21,

78:20, 129:8, 129:16,

176:13, 183:15

involvement [3] -

32:19, 38:10, 150:11

involving [4] - 31:6,

85:18, 126:22, 142:23

ironically [1] - 19:9

irrelevant [4] - 48:19,

66:17, 118:16, 166:9

issue [8] - 66:6, 77:6,

110:23, 111:16,

117:9, 139:14,

199:17, 200:18

issued [2] - 29:25,

48:20

issues [4] - 26:21,

31:7, 111:1, 161:1

issuing [1] - 161:11

item [2] - 71:3,

124:25

items [12] - 14:1,

80:7, 80:18, 80:24,

81:5, 90:4, 90:12,

94:17, 108:6, 108:9,

188:24, 207:12

itself [2] - 43:25,

207:13


235

J

jail [1] - 82:19

James [27] - 3:14,

5:14, 5:20, 6:6, 6:20,

8:8, 8:12, 8:19, 16:13,

16:23, 28:14, 30:9,

49:10, 54:23, 68:17,

79:11, 128:19,

128:24, 144:24,

144:25, 146:5,

158:23, 165:23,

165:24, 166:1,

167:18, 171:10

JAMES [2] - 1:6, 30:2

JAMES..... [1] - 4:7

January [2] - 49:5,

90:3

JENKINS [1] - 1:6

Jenkins [111] - 5:14,

6:20, 8:12, 8:19, 8:25,

16:13, 16:23, 17:16,

18:2, 18:20, 19:5,

19:13, 19:22, 20:11,

21:16, 22:12, 24:1,

24:25, 25:19, 26:15,

27:10, 27:13, 27:21,

45:20, 45:24, 46:1,

49:10, 53:19, 53:22,

53:23, 54:23, 55:1,

55:25, 64:9, 68:17,

78:21, 79:11, 80:3,

83:12, 85:23, 86:8,

86:18, 87:2, 87:11,

90:4, 95:6, 95:15,

102:6, 102:9, 105:4,

106:13, 107:4,

117:10, 117:24,

118:7, 119:2, 144:25,

146:5, 146:12,

146:16, 147:4, 149:8,

149:25, 150:15,

151:5, 151:21, 153:6,

153:22, 154:10,

154:13, 156:3,

158:23, 158:24,

159:25, 165:23,

166:9, 166:21,

168:13, 171:11,

178:11, 179:7,

179:12, 180:7,

181:24, 181:25,

182:1, 182:16,

182:21, 183:19,

185:9, 187:25, 188:3,

191:17, 193:5, 195:5,

198:6, 200:16,

201:14, 201:18,

201:19, 201:20,

201:22, 202:20,

212:5, 212:17, 213:5,

213:17, 214:24, 216:4

Jenkins' [19] - 6:6,

20:7, 76:2, 77:25,

79:11, 83:8, 118:13,

154:16, 172:18,

174:25, 175:9, 176:1,

180:19, 180:21,

183:3, 183:7, 201:15,

202:12

Jim [34] - 45:20,

54:24, 68:17, 76:2,

77:25, 79:11, 80:3,

146:11, 156:3,

173:17, 173:18,

174:2, 174:4, 174:5,

174:22, 174:24,

174:25, 175:1, 176:1,

176:4, 178:11,

180:21, 181:25,

182:1, 191:13,

191:17, 191:19,

191:20, 193:5,

195:13, 198:10,

212:17

Jim's [9] - 171:19,

172:12, 172:13,

173:15, 175:5,

179:10, 182:4, 198:9,

215:2

JJ [2] - 151:6, 151:20

JJ's [1] - 152:6

job [2] - 64:14, 136:8

John [1] - 1:21

join [1] - 190:17

joined [1] - 190:7

Jonathan [1] - 2:3

Joseph [1] - 160:13

journey [3] - 26:16,

26:17, 174:16

Jr [1] - 44:9

judge [2] - 27:1,

44:21

Judge [5] - 1:21,

8:24, 62:19, 184:14,

184:18

judgment [1] - 107:9

Judicial [1] - 16:11

JUDICIAL [1] - 1:7

July [6] - 6:4, 144:14,

153:18, 153:20,

156:20, 159:21

jump [1] - 191:3

JUNE [1] - 3:4

June [16] - 1:19,

78:11, 95:22, 147:7,

147:12, 147:23,

148:25, 149:1, 149:2,

150:25, 153:13,

153:15, 153:20,

202:23, 203:7

jurisdiction [5] -

37:15, 37:20, 75:19,

107:9, 121:2

jurors [14] - 10:23,

11:2, 11:8, 11:13,

11:15, 11:17, 11:18,

12:1, 12:5, 12:13,

27:1, 96:12, 110:25,

151:16

Jury [1] - 3:7

jury [55] - 10:17,

10:18, 11:11, 12:5,

14:6, 14:7, 15:24,

16:9, 16:22, 17:12,

21:8, 21:25, 26:14,

30:8, 61:13, 65:14,

65:21, 70:25, 72:18,

83:5, 84:20, 85:1,

96:14, 96:20, 98:16,

100:24, 100:25,

101:19, 106:3,

126:18, 130:10,

141:17, 141:22,

141:23, 142:10,

143:12, 143:15,

144:12, 144:23,

170:13, 184:12,

184:16, 196:5, 204:4,

204:16, 204:19,

205:6, 205:8, 205:13,

205:17, 205:23,

206:4, 206:7, 215:20,

219:9

JURY [8] - 10:19,

10:21, 10:25, 61:14,

65:23, 96:15, 96:21,

141:24

jury's [3] - 10:14,

67:19, 139:23

justice [3] - 11:4,

16:3, 162:3

justices [1] - 9:2

justified [1] - 23:22

K

Kandy [2] - 68:1,

144:25

Katie [1] - 98:18

keep [4] - 67:2,

129:19, 178:22,

182:13

kept [1] - 220:8

key [1] - 188:19

kind [19] - 34:2, 34:5,

34:10, 34:15, 35:9,

35:12, 35:23, 43:19,

44:25, 67:18, 74:16,

93:22, 112:18,

115:17, 134:21,

145:21, 194:23,

200:15, 205:19

kinds [5] - 31:3,

38:5, 94:20, 134:15,

134:18

knowing [4] -

121:19, 186:21,

217:5, 218:5

knowingly [4] -

216:12, 216:14, 218:6

knowledge [16] -

106:14, 107:3, 107:6,

112:3, 114:9, 161:10,

174:5, 187:21,

196:25, 198:24,

201:18, 212:4,

214:12, 215:10,

215:12, 217:10

known [5] - 35:20,

37:22, 201:19,

201:22, 201:23

knows [4] - 52:19,

52:20, 66:21

Kuykendahl [5] -

34:19, 34:23, 35:6,

74:21, 74:22

L

L's [1] - 30:15

labeled [1] - 157:12

lack [1] - 111:16

ladies [11] - 17:7,

17:12, 23:5, 26:14,

70:24, 98:16, 141:13,

196:23, 199:12,

199:16, 204:12

Ladies [6] - 10:22,

11:1, 28:19, 61:10,

96:9, 221:14

lady [1] - 169:14

Lake [3] - 35:6, 35:8,

74:21

lake [2] - 35:7, 35:8

land [1] - 105:5

Landing [7] - 41:21,

75:13, 76:12, 84:6,

84:11, 171:5

Lane [12] - 51:12,

60:25, 72:9, 76:16,

79:14, 79:25, 83:22,

83:24, 84:22, 85:15,

164:23, 167:23

language [1] -

178:21

large [5] - 34:16,

73:8, 80:4, 114:23,

200:12

larger [2] - 73:9,

161:23

last [11] - 22:13,

30:12, 42:24, 51:18,

104:2, 104:7, 156:23,

165:4, 170:19, 204:6,

204:10

lasted [1] - 177:14

lastly [1] - 107:7

late [2] - 147:12,

153:20

Laukien [2] - 98:18

Laukien's [2] -

98:21, 111:12

Laura [1] - 144:25

law [51] - 8:23, 9:10,

11:11, 14:5, 14:8,

14:12, 16:4, 19:24,

20:22, 25:25, 26:1,

27:25, 30:10, 30:21,

39:20, 40:1, 40:2,

40:3, 48:4, 55:18,

97:5, 102:12, 106:6,

108:5, 110:23,

122:18, 123:3,

124:11, 127:12,

127:20, 128:16,

128:24, 129:5, 133:6,

133:7, 133:14,

133:18, 133:25,

134:11, 134:14,

135:21, 139:2,

139:18, 140:4, 141:4,

169:5, 207:3, 207:13,

212:21

Law [2] - 2:9, 30:23

lawful [2] - 131:4,

134:7

lawfully [1] - 131:3

lawlessness [1] -

25:19

laws [3] - 13:19,

119:17, 209:13

lawsuit [7] - 20:12,

22:12, 22:16, 53:7,

94:22, 98:19, 190:18

lawyer [9] - 13:24,

122:8, 133:4, 134:25,

135:1, 207:25,

211:24, 212:6, 218:3

lawyers [16] - 12:10,

13:23, 14:7, 15:6,

15:25, 17:8, 29:23,

122:13, 133:11,

133:12, 136:11,

136:12, 136:13,

136:16, 181:16, 184:4

lay [1] - 66:20

layout [1] - 122:18

lead [2] - 138:15,

138:19

leader [7] - 178:11,

181:20, 181:22,

181:23, 182:2,

182:16, 198:7

leaders [1] - 198:5

leading [12] - 87:4,

87:21, 88:5, 88:10,

88:13, 89:12, 91:18,

128:4, 138:13,

138:17, 173:2, 175:6

learned [1] - 186:19

least [6] - 19:24,

114:17, 119:24,

125:24, 131:19,


236145:24

leave [2] - 21:13,

188:19

leaving [1] - 135:24

left [6] - 34:7, 34:14,

34:15, 170:25, 205:2,

208:2

left-hand [3] - 34:7,

34:14, 34:15

legal [23] - 13:5,

24:1, 30:19, 79:1,

84:7, 103:3, 103:4,

108:21, 115:16,

117:24, 118:12,

119:12, 123:24,

128:10, 133:18,

160:17, 161:1,

186:22, 190:20,

213:4, 213:8, 213:10,

214:4

legally [3] - 210:14,

210:20, 217:25

legend [1] - 74:14

legislation [1] -

113:5

Legislature [2] -

13:20, 18:9

legitimacy [2] -

122:4, 123:11

legs [1] - 169:25

length [2] - 110:3,

131:12

leniency [2] -

205:16, 205:19

less [1] - 185:10

letter [71] - 25:21,

25:24, 102:10,

102:11, 102:23,

103:2, 117:23, 118:6,

118:8, 118:9, 119:8,

119:9, 119:15,

119:18, 119:20,

119:25, 120:1, 120:4,

120:19, 120:21,

120:24, 121:1,

121:12, 121:24,

122:2, 123:4, 123:7,

123:14, 123:15,

123:21, 123:24,

127:9, 127:10,

127:16, 127:18,

127:21, 128:1, 128:9,

129:2, 129:7, 129:11,

129:14, 129:18,

130:6, 130:25, 131:8,

132:5, 133:20,

133:22, 135:6,

136:11, 137:17,

138:22, 140:6, 140:8,

140:13, 140:20,

181:4, 181:10,

192:18, 206:15,

206:17, 206:22,

207:17, 211:21,

211:22, 211:25,

212:25

letters [8] - 124:17,

124:22, 127:4, 127:5,

128:22, 129:22,

137:22, 158:2

Letters [1] - 6:16

library [4] - 12:25,

116:13, 116:14,

214:21

license [19] - 95:7,

95:9, 95:10, 95:15,

95:17, 95:23, 117:10,

157:8, 157:22,

160:18, 161:19,

162:15, 163:4,

168:13, 168:15,

185:7, 187:16

licensed [1] - 30:20

licenses [2] - 161:11,

164:21

lie [1] - 36:16

life [1] - 200:15

light [1] - 128:9

lightly [1] - 181:13

lights [1] - 180:11

Ligon [2] - 135:13,

181:7

likely [1] - 194:1

likewise [3] - 11:8,

12:23, 37:25

limine [8] - 8:8, 8:21,

8:22, 9:6, 10:1, 21:24,

32:7, 32:9

Limine............ [1] -

3:6

limit [1] - 133:25

limited [1] - 129:1

line [8] - 25:19, 35:5,

42:24, 45:25, 86:13,

139:6, 152:5, 163:2

linens [1] - 80:12

link [1] - 75:8

list [8] - 57:7, 98:7,

137:21, 137:23,

164:23, 202:20,

202:21, 216:18

listed [52] - 40:22,

41:17, 41:19, 44:5,

48:10, 49:11, 53:21,

54:25, 55:4, 55:6,

57:5, 57:21, 57:23,

57:24, 58:13, 58:15,

59:5, 59:7, 59:10,

59:12, 60:7, 63:2,

68:3, 69:14, 69:24,

70:11, 70:16, 71:8,

71:9, 88:23, 118:14,

150:4, 155:23,

156:15, 157:21,

158:4, 158:6, 158:24,

159:14, 160:5,

160:16, 163:9,

163:16, 163:17,

164:3, 164:5, 164:20,

165:13, 166:15,

167:9, 168:1

listen [5] - 11:25,

12:11, 29:17, 204:14,

214:8

listening [1] - 27:18

listing [4] - 44:23,

45:3, 48:5, 60:22

lists [3] - 98:8, 159:1,

160:6

litigation [5] - 13:10,

13:20, 22:18, 22:24,

31:4

live [17] - 17:15,

30:10, 36:12, 41:11,

45:10, 92:20, 110:19,

110:21, 111:4,

111:18, 111:21,

111:25, 132:18,

132:20, 171:2, 171:3

lived [9] - 19:15,

62:22, 66:21, 70:15,

80:8, 81:6, 94:18,

170:15, 209:6

living [8] - 24:10,

24:17, 25:2, 71:14,

104:8, 108:20,

197:13, 215:5

local [1] - 135:18

located [20] - 30:24,

36:14, 46:22, 46:23,

48:2, 68:7, 75:12,

75:25, 77:12, 97:10,

97:11, 105:11,

105:19, 105:21,

115:10, 115:12,

115:19, 116:10,

116:11, 143:23

location [10] - 34:4,

34:21, 35:1, 35:23,

62:20, 64:16, 116:25,

117:1, 117:7, 216:23

locations [4] - 12:20,

62:23, 63:2, 77:18

lodged [2] - 67:8,

73:2

longest [1] - 174:4

look [25] - 12:24,

28:10, 40:23, 44:22,

45:1, 46:14, 86:2,

116:15, 117:1, 121:9,

122:6, 124:1, 131:21,

131:25, 145:22,

148:4, 148:5, 156:10,

156:23, 157:18,

168:12, 194:3,

194:19, 212:12,

214:14

looked [14] - 43:9,

45:9, 45:15, 46:6,

52:1, 57:20, 60:14,

106:1, 119:24, 124:3,

159:18, 166:16,

197:19, 198:16

looking [7] - 25:1,

41:20, 46:8, 83:4,

99:11, 184:22

looks [13] - 44:22,

46:12, 49:21, 86:2,

146:8, 148:19,

148:25, 149:7,

149:23, 149:24,

150:19, 155:3, 164:14

lose [1] - 203:25

lower [2] - 9:14, 29:9

Luke's [1] - 35:22

lunch [4] - 96:7,

96:10, 96:12, 96:16

LUNCH [1] - 96:18

M

M-C-D-U-F-F-E-E [1]

- 170:21

ma'am [2] - 169:8,

169:23

machine [1] - 1:24

made-up [4] -

187:14, 187:15,

187:25, 188:5

magic [2] - 108:17,

108:18

magnifying [1] -

194:6

Magnolia [7] - 42:9,

42:10, 42:11, 69:10,

75:19, 83:3, 160:16

maiden [1] - 164:2

mail [8] - 183:10,

189:11, 193:11,

193:12, 193:15,

193:18, 193:25, 194:2

mailed [2] - 193:15,

193:16

mailing [21] - 55:4,

55:6, 57:6, 57:7,

57:22, 57:24, 58:16,

59:10, 60:25, 69:16,

69:24, 70:10, 70:17,

71:9, 71:16, 88:22,

89:5, 89:7, 155:18,

156:11, 166:25

maintain [2] - 11:11,

163:4

maintained [1] - 25:4

maintaining [1] -

18:10

maintains [1] -

165:14

maintenance [3] -

37:25, 39:9, 104:19

major [2] - 33:8,

33:11

majority [4] - 18:3,

37:9, 90:12, 90:16

Mall [2] - 74:18,

77:13

mall [2] - 34:4,

116:11

man [8] - 17:18,

64:13, 64:14, 141:10,

201:23, 218:24, 221:9

management [1] -

36:24

mandated [1] -

161:25

manipulate [3] -

17:24, 24:5, 25:15

manner [11] - 13:16,

15:4, 86:19, 102:11,

103:3, 103:4, 117:25,

118:12, 119:12,

123:25

map [29] - 33:14,

34:3, 34:7, 34:11,

34:14, 34:16, 35:19,

63:17, 63:21, 63:22,

72:14, 72:15, 72:22,

73:8, 74:11, 74:13,

74:15, 75:9, 77:3,

77:4, 77:8, 83:5,

84:20, 85:2, 158:1,

158:4, 159:8, 160:9

Map [2] - 5:4, 5:23

maps [2] - 62:18,

62:20

march [1] - 172:3

March [8] - 19:2,

49:5, 56:16, 58:19,

90:3, 171:25, 175:25,

179:9

Margaret [3] -

163:22, 163:23,

163:24

mark [2] - 151:1,

151:6

marked [18] - 46:25,

62:17, 63:17, 78:3,

93:11, 98:13, 105:23,

126:25, 143:25,

145:7, 151:11,

151:20, 151:22,

151:24, 154:9,

168:10, 189:16

market [2] - 24:14,

118:21

Market [1] - 77:11

marking [1] - 151:8

married [8] - 17:18,

53:15, 164:1, 175:2,

175:3, 201:8, 201:9

Marriott [14] - 19:6,

47:12, 48:2, 48:13,

56:15, 57:9, 57:13,

59:16, 60:1, 60:8,


23772:10, 143:21,

145:11, 159:18

Mart [2] - 34:16,

35:22

Martin [1] - 30:10

Mary [1] - 145:3

master [2] - 162:9,

162:12

match [7] - 68:3,

70:10, 160:8, 163:11,

163:18, 164:6, 164:25

matches [1] - 70:13

material [3] - 12:3,

47:4, 62:8

materials [1] -

121:25

math [4] - 86:4,

149:4, 149:6, 149:19

matter [14] - 10:15,

12:6, 31:17, 78:11,

85:18, 94:3, 97:19,

112:8, 176:16, 181:5,

187:4, 198:15,

203:24, 204:17

matters [2] - 11:12,

31:3

McCoy [2] - 222:4,

222:21

MCCOY [1] - 222:22

McDuffee [41] - 5:19,

6:24, 18:25, 41:16,

41:18, 45:23, 46:9,

50:9, 58:10, 59:2,

69:11, 69:12, 76:11,

83:19, 84:14, 145:3,

163:8, 163:9, 165:24,

167:12, 170:3,

170:11, 170:14,

170:22, 171:10,

172:3, 173:13,

174:23, 175:23,

179:6, 182:13,

189:20, 190:5, 198:6,

200:3, 202:9, 203:16,

204:13, 206:11

MCDUFFEE [2] - 4:6,

170:7

McDuffee.... [1] -

3:17

mean [16] - 36:8,

131:2, 136:16,

136:17, 136:22,

137:2, 173:21,

173:23, 180:16,

195:7, 197:24, 201:7,

202:1, 206:24, 207:2

meaning [1] - 187:6

means [4] - 23:22,

29:11, 99:7, 217:12

meant [1] - 136:14

meet [4] - 128:25,

176:1, 187:11, 188:13

meeting [22] -

171:19, 171:21,

171:22, 171:23,

172:10, 172:13,

172:23, 173:12,

173:15, 175:18,

175:24, 176:3, 176:6,

176:11, 177:1, 178:8,

183:15, 186:18,

187:1, 214:20, 215:2,

216:24

meetings [8] - 115:8,

115:9, 172:12,

173:17, 179:10,

187:6, 212:7, 213:23

meets [1] - 175:9

member [3] - 113:4,

170:23, 198:24

members [14] -

18:24, 20:7, 23:19,

25:16, 91:7, 91:10,

111:17, 130:10,

135:9, 176:20, 187:3,

188:6, 195:10, 202:13

memories [1] - 94:21

memory [8] - 12:7,

89:1, 89:17, 140:17,

144:6, 153:16,

159:21, 167:4

men [1] - 201:8

mental [2] - 52:13,

217:13

mentally [2] - 107:10

mention [4] - 12:5,

32:8, 32:9, 36:1

mentioned [4] -

102:6, 174:2, 178:16,

193:1

mentions [1] -

121:11

merely [1] - 109:10

merge [1] - 217:12

Mervin [1] - 160:4

message [2] - 12:15,

205:2

met [2] - 46:2, 175:5

metes [1] - 69:8

Microsystems [5] -

6:18, 154:14, 154:15,

154:20, 155:17

mid [1] - 147:12

mid-June [1] -

147:12

middle [4] - 9:25,

34:2, 43:20, 48:3

might [9] - 20:3,

22:18, 33:22, 64:2,

90:4, 145:1, 205:15,

218:8, 218:20

Mike [1] - 129:5

miller [1] - 44:10

Miller [2] - 33:1, 43:5

mind [9] - 52:22,

88:25, 89:17, 136:10,

216:2, 216:10,

216:15, 216:25,

217:13

mindset [1] - 220:22

mine [3] - 31:9,

31:14, 149:6

minute [2] - 169:24,

199:12

minutes [4] - 61:9,

141:14, 173:17,

217:17

misdemeanor [1] -

82:19

missing [1] - 94:4

mission [1] - 20:9

misspoke [1] - 148:7

misstated [1] - 97:21

mistake [3] - 30:15,

95:13, 146:21

mistrial [1] - 204:8

Mistrial......... [1] -

3:18

misunderstood [1] -

109:12

mixing [1] - 190:20

moment [5] - 12:12,

15:4, 45:17, 93:25,

177:21

Monday [1] - 94:24

monetary [1] - 27:22

money [7] - 148:5,

200:13, 200:20,

201:24, 203:4,

203:22, 215:7

MONTGOMERY [2] -

1:5, 222:3

Montgomery [25] -

1:22, 6:16, 16:10,

30:22, 36:16, 36:20,

54:5, 54:12, 72:21,

81:9, 81:16, 85:19,

97:7, 106:14, 118:6,

119:9, 124:23,

126:20, 181:6,

209:17, 211:6, 211:8,

219:10, 222:5, 222:24

month [8] - 78:12,

90:3, 152:13, 153:10,

171:23, 180:23,

211:23, 211:24

months [5] - 144:16,

144:17, 150:24,

156:22, 172:7

morning [7] - 10:20,

10:21, 30:6, 30:7,

188:20, 189:13,

195:14

mornings [1] -

196:25

most [8] - 26:6, 28:4,

37:11, 37:14, 38:8,

135:11, 170:18,

186:13

mostly [1] - 198:9

motel [1] - 201:9

Motion [2] - 3:6, 3:18

motion [8] - 8:8,

8:20, 9:6, 10:1, 10:12,

21:24, 32:7, 32:8

motivation [1] -

52:10

motive [2] - 65:13,

178:14

Motor [4] - 165:8,

165:15, 165:18, 166:6

move [10] - 17:5,

34:24, 45:5, 60:20,

74:6, 103:18, 155:15,

158:21, 187:22, 204:8

moved [4] - 13:23,

170:25, 187:12,

188:16

moves [1] - 8:20

moving [5] - 73:20,

82:22, 104:5, 147:3,

188:10

MR [373] - 8:5, 8:7,

8:10, 8:16, 8:18, 9:8,

9:11, 9:20, 9:23, 9:24,

10:8, 16:8, 17:6,

17:11, 20:14, 20:18,

20:21, 20:25, 21:3,

21:5, 21:7, 21:12,

21:18, 22:2, 22:4,

22:11, 22:21, 22:25,

23:2, 23:7, 26:11,

26:14, 27:3, 27:5,

27:7, 28:14, 28:15,

29:5, 29:21, 30:5,

31:19, 31:23, 32:1,

32:2, 32:4, 32:7,

32:13, 32:18, 32:21,

33:13, 33:16, 33:20,

40:8, 40:11, 40:14,

42:15, 42:20, 42:23,

43:10, 43:12, 43:15,

47:6, 47:8, 47:10,

47:19, 47:21, 47:23,

48:15, 48:19, 48:23,

49:1, 52:7, 52:9,

52:12, 52:19, 53:2,

53:3, 53:9, 53:13,

54:10, 54:13, 54:15,

60:16, 60:20, 61:6,

61:16, 61:18, 61:21,

61:25, 62:1, 62:3,

62:16, 62:18, 63:6,

63:11, 63:15, 63:16,

63:18, 63:20, 63:24,

64:6, 65:4, 65:6,

65:20, 65:25, 66:3,

66:5, 66:8, 66:12,

66:14, 66:18, 66:20,

66:24, 67:1, 67:6,

67:8, 67:12, 67:13,

67:16, 67:21, 68:2,

70:5, 70:6, 70:21,

71:7, 71:21, 71:24,

72:3, 72:4, 72:8,

72:24, 73:1, 73:5,

73:7, 73:11, 73:16,

73:21, 73:23, 73:25,

74:8, 74:9, 75:5, 75:8,

77:4, 77:6, 77:8, 79:5,

79:8, 81:15, 81:17,

81:20, 84:1, 84:3,

84:5, 86:12, 86:15,

86:17, 86:23, 87:2,

87:4, 87:10, 87:21,

88:1, 88:4, 88:8, 88:9,

88:15, 89:11, 89:16,

91:17, 91:22, 92:1,

92:3, 93:17, 93:19,

93:25, 94:3, 94:13,

94:14, 94:16, 96:6,

97:1, 97:3, 99:2, 99:4,

99:16, 99:20, 99:24,

100:1, 100:4, 100:10,

100:13, 100:17,

100:19, 101:1, 101:4,

101:5, 101:6, 101:15,

101:20, 101:22,

101:25, 102:5,

102:18, 102:25,

108:15, 108:17,

117:16, 117:19,

117:22, 118:16,

118:18, 118:25,

119:4, 119:5, 119:7,

123:16, 123:23,

124:5, 124:8, 124:16,

124:19, 124:22,

125:2, 125:3, 125:7,

125:8, 125:11,

125:12, 125:14,

125:16, 125:19,

125:21, 125:22,

126:3, 126:6, 126:9,

126:15, 128:3, 128:6,

128:8, 130:1, 130:2,

130:5, 132:6, 132:11,

132:15, 136:1, 136:2,

136:5, 137:11,

137:13, 137:16,

138:12, 138:21,

139:5, 139:10,

139:13, 139:16,

139:17, 139:22,

140:5, 140:10,

140:15, 140:23,

141:2, 141:7, 141:9,

141:11, 141:21,

142:1, 142:8, 145:9,

145:13, 145:16,

151:1, 151:3, 151:10,

151:14, 151:18,

152:14, 152:16,

152:19, 152:22,

153:2, 154:18,

154:21, 154:24,


238155:1, 157:10,

157:16, 157:18,

160:25, 161:4, 161:7,

161:9, 162:20,

162:23, 165:17,

165:20, 166:5, 166:8,

166:13, 168:4, 168:5,

168:9, 169:11,

169:13, 169:15,

169:17, 170:3,

170:10, 173:1, 173:6,

173:10, 173:12,

174:7, 174:11,

174:14, 174:18,

174:22, 175:6, 175:8,

175:11, 175:14,

175:16, 175:23,

176:7, 176:10,

176:19, 176:21,

177:4, 177:10,

177:17, 178:2, 178:8,

178:20, 179:1, 179:3,

179:6, 182:6, 182:12,

183:21, 184:3,

184:10, 184:14,

184:18, 184:24,

185:3, 190:1, 190:2,

190:5, 199:3, 199:4,

199:7, 199:10,

199:22, 199:24,

200:2, 202:7, 202:9,

204:2, 204:4, 204:8,

204:13, 206:8,

206:10, 218:10,

218:13, 221:4, 221:7,

221:10, 221:11

MUD [3] - 38:23,

97:19, 97:20

MUDS [2] - 38:12,

38:15

multiple [9] - 22:14,

39:21, 39:22, 40:6,

91:5, 112:23, 146:2,

146:13

Municipal [3] -

38:12, 38:14, 38:17

municipal [1] - 38:22

municipalities [2] -

37:12, 38:8

municipality [3] -

37:16, 38:4, 97:22

Murray [1] - 164:18

must [5] - 13:11,

14:12, 82:12, 109:12,

174:12

MY [1] - 222:18

N

name [32] - 10:6,

16:8, 30:9, 30:12,

42:3, 44:9, 44:10,

48:4, 51:18, 69:7,

126:19, 142:11,

142:12, 143:17,

145:24, 149:9, 150:3,

150:19, 155:16,

156:11, 164:1, 164:2,

166:1, 170:19, 174:2,

174:3, 189:11,

194:14, 202:12,

211:2, 214:1, 214:3

named [1] - 128:19

names [11] - 32:25,

46:17, 48:8, 48:11,

51:20, 144:21,

144:22, 144:23,

146:13, 188:16

Nancy [2] - 83:22,

83:24

narrative [1] - 75:6

nature [5] - 80:19,

81:1, 86:23, 87:5,

88:10

near [12] - 42:10,

42:11, 42:13, 69:10,

74:18, 75:13, 75:17,

75:20, 76:7, 76:24,

77:12, 104:15

necessarily [1] -

133:2

necessary [1] -

73:18

need [17] - 10:4,

10:12, 10:13, 12:16,

39:23, 39:24, 61:11,

63:22, 74:6, 144:6,

154:21, 184:4,

184:20, 192:3, 199:7,

215:6, 220:12

needed [4] - 137:24,

187:17, 203:21,

210:23

needs [1] - 135:21

negligent [1] -

218:19

neighbor [1] - 185:8

Neill [4] - 33:1, 43:5,

44:12

nervous [1] - 172:1

never [21] - 15:18,

19:15, 19:21, 20:2,

31:13, 87:19, 123:5,

174:1, 183:15, 189:2,

189:3, 191:14,

196:25, 197:1,

200:17, 202:3, 209:2,

209:11, 210:15,

219:15, 219:17

newspaper [8] -

11:24, 114:6, 135:18,

141:3, 189:13, 194:9,

195:18, 195:20

newspapers [1] -

191:1

next [21] - 34:20,

56:23, 60:18, 75:7,

125:20, 141:25,

146:20, 147:8, 148:3,

149:1, 153:10, 156:2,

170:2, 174:21,

184:15, 186:18,

186:24, 188:20,

192:4, 196:13, 203:1

nice [2] - 80:5,

221:19

night [54] - 17:22,

19:16, 19:22, 19:25,

22:13, 49:18, 50:19,

51:5, 52:1, 56:1, 56:4,

56:18, 56:19, 56:22,

57:10, 57:13, 58:2,

58:4, 59:16, 59:18,

59:23, 59:24, 60:2,

90:2, 90:25, 148:16,

151:25, 152:3, 152:4,

152:7, 153:8, 185:20,

185:24, 186:1, 186:4,

186:7, 186:10, 189:2,

189:3, 197:18,

197:25, 200:19,

202:15, 215:1,

217:24, 217:25

nights [17] - 23:15,

148:9, 148:14, 149:3,

149:10, 149:14,

149:22, 149:23,

150:2, 150:14, 151:4,

151:5, 151:20,

151:22, 152:3,

202:24, 204:23

nilly [1] - 27:10

nine [2] - 55:13,

106:2

Ninth [1] - 9:3

ninth [1] - 45:22

NO [8] - 1:2, 1:2, 2:3,

2:4, 2:9, 5:3, 6:3, 7:3

nobody [1] - 29:5

none [2] - 196:22,

199:2

nonetheless [1] -

177:7

nonresponsive [3] -

48:24, 60:17, 174:19

nonverbal [1] -

184:12

normal [2] - 13:10,

81:5

normally [1] - 80:8

North [8] - 40:25,

57:23, 69:2, 76:20,

79:16, 160:6, 167:7,

170:25

north [4] - 35:4, 35:9,

35:18

NOT [2] - 61:14,

96:15

note [5] - 12:2,

47:25, 50:4, 50:5,

80:3

note-taking [1] -

12:2

noted [2] - 65:9, 72:5

notes [4] - 12:3,

12:11, 50:2, 53:19

nothing [4] - 141:9,

169:13, 203:10

notice [6] - 12:2,

73:14, 83:24, 85:24,

145:17, 187:2

noticed [1] - 145:11

noticing [2] - 145:19,

145:21

notification [1] -

127:6

notify [1] - 82:12

notions [2] - 190:9,

190:11

Number [5] - 45:8,

67:25, 68:16, 105:24,

168:11

number [21] - 10:5,

24:12, 44:7, 51:6,

54:2, 56:7, 57:5, 57:7,

61:24, 62:16, 63:24,

93:6, 106:2, 108:17,

148:11, 150:14,

159:7, 161:25, 162:8,

200:5, 214:17

numbered [4] - 1:20,

37:4, 37:5, 222:10

numbers [3] - 9:4,

62:15, 67:23

numerous [1] -

155:6

O

o'clock [1] - 221:16

Oak [1] - 163:17

Oaks [1] - 79:21

oath [3] - 11:1, 13:3,

14:12

oaths [1] - 16:12

object [33] - 13:22,

42:20, 48:15, 48:17,

48:23, 52:14, 52:21,

60:16, 61:21, 62:3,

62:12, 75:5, 84:1,

86:12, 87:4, 87:7,

88:4, 88:9, 91:17,

93:17, 99:4, 125:16,

128:3, 128:4, 138:12,

139:5, 139:13, 161:2,

166:10, 173:1, 173:4,

174:14, 176:25

objecting [3] - 62:4,

65:6, 65:7

objection [71] -

10:11, 13:11, 13:13,

13:15, 13:24, 22:4,

27:3, 27:4, 32:12,

32:21, 33:17, 33:19,

40:12, 43:12, 47:8,

47:21, 52:7, 52:24,

65:9, 66:17, 71:22,

72:4, 79:5, 81:17,

86:16, 87:21, 87:23,

89:11, 94:14, 99:3,

99:16, 100:16, 101:8,

101:21, 118:16,

123:16, 124:19,

125:4, 125:12, 132:6,

136:1, 145:14, 151:1,

151:13, 152:14,

152:24, 154:24,

157:16, 160:25,

161:5, 162:20, 166:8,

166:12, 174:7,

174:17, 174:18,

175:6, 175:11,

175:19, 176:8,

176:22, 177:17,

178:25, 182:6,

182:10, 190:3,

199:20, 204:2,

218:10, 221:11

objectionable [3] -

22:9, 32:14, 177:18

objections [6] - 13:9,

54:13, 64:4, 67:9,

73:2, 173:2

objects [3] - 13:8,

13:12, 13:24

observed [1] - 61:18

obtain [9] - 12:25,

48:11, 54:4, 54:7,

66:1, 81:8, 81:14,

143:13, 143:14

obtained [1] - 144:3

obvious [1] - 184:21

obviously [2] -

189:13, 203:16

occasion [2] - 52:11,

77:17

occasions [1] -

135:6

occupancy/

capacity [1] - 53:25

occupants [2] -

53:20, 200:24

occur [1] - 114:3

occurred [4] - 103:7,

113:10, 177:1, 222:11

occurring [2] -

147:15

ocean [1] - 26:17

odd [1] - 37:5

odd-numbered [1] -

37:5

OF [10] - 1:1, 1:4,

23:3, 32:16, 67:4,

102:3, 179:4, 185:1,


239222:2, 222:3

offended [1] - 11:9

offense [6] - 28:9,

176:24, 178:14,

178:23, 219:13,

219:21

offenses [1] - 177:11

offer [18] - 9:9,

33:13, 40:8, 54:11,

63:22, 64:1, 64:3,

66:22, 66:24, 66:25,

67:1, 72:24, 124:16,

124:18, 145:10,

157:10, 157:15,

214:13

offered [6] - 63:9,

71:24, 79:8, 176:16,

180:2, 191:5

OFFERED [3] - 5:3,

6:3, 7:3

offering [1] - 43:10

offers [10] - 42:15,

47:7, 47:19, 67:6,

81:15, 94:13, 97:22,

154:18, 165:17, 166:5

office [48] - 25:21,

39:21, 44:7, 45:10,

97:10, 97:11, 97:16,

111:8, 112:22,

112:23, 120:12,

120:15, 122:15,

124:10, 124:23,

128:10, 128:12,

130:13, 130:24,

135:9, 137:1, 142:12,

142:15, 142:16,

142:19, 155:22,

156:11, 173:16,

174:25, 175:5,

175:10, 175:18,

176:1, 179:10,

180:20, 180:21,

181:7, 182:4, 183:3,

183:7, 187:11, 198:9,

202:4, 204:24,

204:25, 208:14,

208:24, 215:2

officer [8] - 161:12,

161:21, 161:24,

162:1, 162:6, 162:7,

162:9, 162:13

officer's [1] - 156:2

offices [1] - 116:17

official [5] - 74:11,

113:18, 113:19,

122:10, 187:2

Official [2] - 222:4,

222:23

OFFICIAL [1] -

222:18

officials [3] - 11:3,

27:9, 136:17

often [1] - 133:12

older [1] - 104:9

ON [6] - 20:17,

31:22, 66:7, 99:14,

177:22, 184:6

Once [1] - 88:4

once [6] - 22:15,

135:7, 140:11, 149:4,

191:14, 201:4

one [114] - 11:7,

11:16, 13:11, 13:23,

14:21, 17:21, 22:13,

24:13, 26:17, 26:18,

26:25, 28:3, 28:8,

28:24, 30:17, 34:10,

34:20, 38:18, 44:22,

45:8, 45:9, 45:15,

49:24, 50:6, 50:7,

50:12, 50:17, 50:23,

51:3, 51:7, 51:10,

53:20, 54:23, 55:10,

55:22, 56:4, 56:22,

58:2, 58:8, 59:18,

60:2, 61:4, 62:17,

64:2, 64:13, 64:14,

66:6, 67:2, 69:9, 77:6,

78:24, 83:19, 83:22,

90:8, 93:25, 98:8,

111:15, 111:16,

112:2, 112:12,

112:14, 123:21,

124:24, 127:25,

128:11, 129:15,

129:22, 131:18,

145:4, 146:13,

146:14, 148:4,

148:25, 150:19,

154:3, 155:9, 157:14,

159:7, 164:1, 165:4,

173:24, 174:4,

174:24, 175:17,

186:12, 187:25,

188:8, 191:25,

192:15, 192:25,

195:5, 195:9, 197:4,

197:7, 197:17,

197:18, 202:15,

207:14, 207:15,

211:2, 212:19,

214:25, 215:10,

216:25, 218:11,

219:22, 220:11

one-man [1] - 64:13

ones [6] - 139:24,

150:10, 174:4,

177:13, 183:24,

183:25

online [1] - 95:23

open [5] - 174:5,

175:15, 198:17,

220:7, 222:11

OPEN [1] - 8:1

open-ended [1] -

175:15

opened [1] - 139:20

opening [6] - 12:9,

15:7, 17:4, 17:7,

26:10, 26:12

Opening [2] - 3:10,

3:11

operating [1] - 99:10

operation [1] -

193:12

opinion [10] - 9:1,

9:10, 20:23, 71:14,

119:20, 129:18,

139:14, 207:22,

214:9, 214:11

opinions [2] -

130:12, 135:25

opportunity [15] -

15:11, 15:16, 15:21,

21:20, 21:23, 25:8,

77:20, 81:8, 86:8,

100:22, 101:8,

152:24, 153:25,

154:5, 173:4

opposed [1] - 9:20

opposing [1] - 9:5

options [1] - 205:15

or.. [1] - 170:17

oral [1] - 8:8

order [9] - 12:25,

17:23, 19:19, 71:2,

75:3, 107:16, 145:18,

161:14, 163:3

organized [4] -

16:11, 143:12,

145:23, 145:24

oriented [1] - 31:3

original [1] - 183:25

originally [1] - 112:4

ostensibly [1] -

107:4

otherwise [1] - 31:5

ought [1] - 101:19

outcome [4] - 14:20,

17:24, 22:23, 25:15

outside [29] - 9:25,

10:14, 12:16, 17:19,

18:17, 28:25, 29:4,

29:12, 29:13, 41:4,

41:6, 41:24, 41:25,

72:19, 75:11, 75:13,

75:14, 75:17, 76:1,

76:5, 76:9, 76:13,

76:18, 76:21, 77:1,

100:25, 117:2,

174:10, 178:18

outweighed [1] -

65:16

overhead [3] - 40:15,

40:16, 54:16

overrule [23] - 13:13,

13:25, 32:23, 48:18,

65:10, 71:23, 72:5,

86:14, 87:1, 87:6,

87:22, 88:6, 88:11,

89:13, 100:16,

118:23, 123:20,

132:12, 136:3, 139:8,

140:14, 162:22,

183:23

overruled [3] - 73:3,

166:12, 179:2

own [5] - 12:7, 37:12,

208:11, 216:1, 216:2

owned [3] - 69:23,

117:2, 119:2

owners [2] - 98:3,

98:4

owns [3] - 17:18,

17:20, 17:21

P

pack [1] - 94:4

packed [1] - 24:13

packet [3] - 78:22,

145:7, 158:7

pad [2] - 79:1,

188:19

PAGE [1] - 3:3

page [19] - 35:19,

40:16, 48:5, 49:7,

50:1, 93:6, 95:12,

98:17, 105:24, 135:2,

146:11, 146:17,

146:20, 147:3, 147:9,

150:19, 166:21,

195:9, 203:1

Page [1] - 129:5

pages [2] - 146:2,

189:22

paid [8] - 38:16,

38:17, 97:24, 97:25,

148:24, 188:15,

214:11, 222:17

panel [1] - 24:16

Panther [1] - 35:2

pantry [1] - 80:10

paper [11] - 123:2,

136:23, 137:2, 183:2,

194:4, 194:19,

207:21, 212:9,

212:11, 214:14

papers [11] - 90:10,

119:20, 132:23,

132:24, 133:13,

133:14, 192:19,

207:14, 212:9,

212:19, 212:21

paperwork [1] -

190:25

paragraph [1] -

62:11

parcel [1] - 35:15

pardon [1] - 153:10

pardoned [1] - 107:2

parents [2] - 66:22

parents' [3] - 66:15,

70:17, 76:24

Park [2] - 35:20,

35:24

park [2] - 115:3,

181:12

Parkway [8] - 34:8,

34:10, 34:13, 34:17,

35:1, 35:4, 74:20,

97:12

parole [1] - 107:1

part [22] - 13:20,

30:11, 34:21, 35:1,

35:3, 37:25, 38:20,

65:12, 77:21, 97:5,

97:9, 99:18, 103:25,

104:7, 105:20,

115:25, 161:23,

172:19, 175:4,

176:23, 179:13,

193:12

partially [2] - 55:15,

107:10

participants [1] -

11:3

participated [2] -

188:21, 188:23

particular [8] - 12:6,

40:18, 89:14, 112:8,

135:20, 145:17,

146:2, 166:12

parties [7] - 9:12,

15:23, 24:16, 28:17,

96:17, 222:9, 222:14

party [2] - 14:21,

28:21

pass [7] - 96:6,

130:1, 140:23, 168:4,

199:3, 200:13, 206:8

Pass [1] - 119:4

passage [1] - 102:16

past [2] - 77:11,

182:5

pastoral [1] - 159:9

Pastoral [15] - 55:6,

68:18, 76:4, 78:1,

83:10, 87:15, 89:8,

89:19, 92:23, 95:11,

118:13, 155:19,

155:25, 156:17, 159:8

path [1] - 31:24

patience [1] - 221:18

PAUSE [1] - 10:16

Pavilion [3] - 34:5,

115:3, 115:4

pay [15] - 36:12,

38:19, 38:23, 39:1,

39:4, 39:5, 39:6, 39:9,

39:11, 117:5, 165:12,

180:11, 202:3,

203:22, 214:9

paying [2] - 38:20,


240184:7

payment [2] - 149:1

pays [2] - 39:8

peace [7] - 16:21,

161:12, 161:24,

162:5, 162:7, 162:9,

162:12

pen [1] - 13:22

penal [3] - 121:12,

121:13, 161:16

Penal [2] - 13:19,

82:20

penalties [1] -

121:18

penalty [3] - 19:14,

82:14, 107:13

people [62] - 18:15,

18:17, 22:19, 24:25,

28:24, 33:22, 39:21,

39:22, 40:7, 43:1,

43:22, 50:8, 51:11,

53:21, 64:23, 78:19,

90:24, 91:2, 91:5,

91:13, 98:21, 99:21,

100:20, 101:3,

109:17, 111:11,

112:22, 112:25,

114:10, 114:11,

114:12, 114:13,

114:16, 114:19,

114:21, 115:4, 115:8,

115:11, 115:12,

115:18, 115:19,

115:23, 116:3,

116:20, 117:8, 118:9,

121:6, 122:14,

129:24, 131:2, 131:4,

131:6, 134:7, 136:11,

170:18, 175:9,

176:13, 198:3,

205:16, 209:6,

209:20, 214:10

people's [1] - 218:3

per [2] - 148:16,

200:22

perceive [1] - 184:11

perceived [2] - 25:5,

27:24

perform [1] - 12:21

performed [1] -

36:10

perhaps [1] - 26:6

period [29] - 48:12,

49:2, 53:6, 64:17,

71:1, 78:15, 97:7,

107:1, 110:5, 110:7,

110:8, 113:20, 144:7,

144:10, 144:16,

147:11, 149:14,

155:13, 160:22,

162:15, 162:17,

175:12, 175:17,

175:21, 177:14,

182:14, 197:9,

202:11, 204:18

periods [1] - 203:12

perjury [5] - 19:15,

55:17, 106:5, 107:13,

108:4

permanent [13] -

40:21, 40:24, 41:17,

57:19, 58:13, 58:17,

59:6, 59:8, 69:15,

131:14, 131:24,

132:13, 132:16

permission [1] - 73:5

permitted [1] - 11:23

perpetrated [1] -

178:15

person [21] - 26:18,

26:19, 79:12, 82:2,

108:19, 110:3, 111:6,

113:2, 123:9, 123:13,

131:1, 133:13,

133:17, 146:1,

174:22, 194:11,

210:2, 214:24, 216:1

person's [1] - 52:22

person/what [1] -

79:17

personal [5] - 12:4,

12:7, 24:12, 80:18,

90:9

personally [6] - 53:5,

77:18, 111:13,

182:17, 207:20,

209:16

personnel [1] - 50:6

pertain [4] - 64:7,

67:17, 157:20, 158:23

pertaining [3] -

144:8, 147:12, 154:13

Pete [10] - 18:25,

45:7, 46:8, 58:7, 81:4,

82:23, 146:11, 176:4,

180:6, 196:6

peter [1] - 69:4

Peter [11] - 5:17,

5:22, 6:9, 6:23, 42:5,

70:18, 70:20, 76:24,

85:11, 144:24, 160:13

pets [1] - 94:19

PHASE [1] - 1:12

PHIL [1] - 126:12

Phil [7] - 3:15, 120:5,

125:21, 126:19,

181:8, 206:20, 211:21

PHIL......... [1] - 4:5

phone [4] - 12:17,

128:13, 128:14, 205:1

phones [1] - 12:13

photo [8] - 47:12,

191:15, 192:25,

194:8, 195:1, 195:7,

196:5

Photograph [1] - 5:9

photograph [9] -

47:1, 47:11, 77:23,

78:25, 79:1, 80:11,

81:1, 192:13

photographed [1] -

47:4

photographs [8] -

78:6, 78:7, 78:18,

79:9, 80:18, 80:21,

94:5, 103:14

photos [19] - 23:17,

24:17, 24:19, 78:9,

78:22, 79:2, 79:12,

94:7, 94:8, 94:10,

94:16, 189:23, 190:6,

192:20, 195:12,

195:24, 196:22,

197:2, 197:22

Photos [9] - 6:5, 6:6,

6:7, 6:8, 6:9, 6:11,

6:12, 6:13, 6:14

physical [3] - 13:8,

213:13, 217:14

physically [1] -

183:14

pick [2] - 112:18,

180:15

picking [1] - 70:25

picture [4] - 192:1,

192:4, 192:6, 196:8

pictures [5] - 80:20,

189:12, 189:15,

191:8, 196:23

piece [1] - 183:2

pieces [1] - 188:7

Pines [32] - 19:6,

44:24, 45:4, 46:20,

47:11, 47:13, 48:2,

53:8, 55:3, 56:14,

57:3, 57:18, 58:5,

58:19, 58:21, 59:13,

59:21, 60:9, 60:23,

77:9, 77:13, 77:14,

95:17, 117:15,

143:23, 158:10,

158:12, 159:1, 159:6,

159:15, 168:1, 168:16

PK [1] - 8:24

place [19] - 31:18,

36:20, 40:17, 72:21,

86:3, 111:2, 113:12,

132:19, 132:21,

137:5, 155:22,

156:12, 171:19,

172:13, 172:14,

175:25, 176:17,

186:12

placed [1] - 175:12

places [1] - 116:21

placing [1] - 53:10

plan [9] - 9:9, 23:13,

179:20, 182:22,

182:23, 182:24,

182:25, 183:12,

183:18

planned [1] - 178:15

planning [1] - 104:5

plans [1] - 183:13

Plantation [2] - 76:7,

76:8

play [1] - 19:11

plead [3] - 15:6,

16:23, 219:13

pleasure [1] - 96:25

plenty [1] - 64:20

PLLC [1] - 222:17

plots [1] - 72:15

plus [2] - 51:14,

183:25

PO [4] - 2:5, 57:5,

57:7, 166:23

Point [2] - 76:3,

76:19

point [32] - 22:4,

22:14, 22:15, 49:6,

73:24, 74:9, 75:12,

75:16, 75:22, 76:2,

76:11, 76:15, 76:23,

87:18, 100:15,

100:19, 106:11,

106:21, 129:2, 129:8,

130:21, 175:25,

180:15, 181:5,

200:18, 203:17,

203:23, 204:17,

204:20, 205:3, 205:10

pointed [3] - 10:10,

77:10, 201:5

points [6] - 55:23,

74:13, 75:2, 75:9,

106:10, 107:24

police [2] - 161:21,

162:1

political [6] - 25:1,

27:14, 27:23, 114:5,

209:25, 210:3

politically [1] - 111:6

politics [1] - 174:6

polls [1] - 208:13

Pond [16] - 55:6,

68:18, 76:4, 78:1,

83:10, 87:15, 89:8,

89:19, 92:23, 95:11,

118:14, 155:19,

155:25, 156:17,

159:8, 159:9

pool [1] - 195:2

portfolio [1] - 192:8

portfolios [1] - 150:3

portion [5] - 34:23,

44:21, 75:6, 76:17,

182:9

portions [1] - 222:7

pose [1] - 195:11

posed [2] - 191:2,

192:13

position [26] - 40:19,

86:19, 99:21, 100:10,

100:12, 100:17,

101:15, 101:16,

109:5, 109:6, 110:16,

123:2, 130:25,

132:22, 132:24,

133:13, 133:14,

136:23, 137:2,

206:12, 207:14,

207:21, 212:9, 214:14

positions [2] - 128:9,

211:3

possibility [1] -

133:10

possible [3] - 73:25,

182:13, 187:9

possibly [2] - 102:1,

177:1

post [3] - 51:24,

196:3, 196:4

post-election [3] -

51:24, 196:3, 196:4

posted [1] - 183:2

potential [1] - 205:25

pouring [1] - 21:10

power [1] - 24:15

practice [5] - 30:19,

30:21, 30:25, 31:6,

40:1

practiced [1] - 97:4

practicing [1] - 133:7

pre [1] - 145:10

pre-filed [1] - 145:10

precedent [1] -

175:17

precinct [2] - 16:19,

201:21

precious [1] - 28:4

predicate [1] - 66:21

prefer [1] - 178:19

prejudice [1] - 65:16

preliminary [1] - 8:6

premarked [1] -

124:17

premature [1] -

32:12

preparation [2] -

188:11, 222:16

prescribed [1] -

218:2

presence [4] -

100:25, 213:13,

216:25, 217:12

PRESENT [7] - 8:2,

10:19, 61:14, 65:23,

96:15, 96:21, 141:24

present [13] - 8:13,

15:9, 15:17, 16:6,

16:12, 21:20, 78:21,

100:23, 135:11,

135:12, 135:13,

188:1, 217:5


241

presentation [1] -

101:11

presented [6] - 11:6,

13:1, 13:7, 15:23,

16:4, 21:10

presenting [2] -

15:14, 15:24

presentment [1] -

16:14

president [7] - 156:2,

179:19, 179:24,

180:3, 180:11,

181:19, 208:15

presiding [1] - 1:21

pretty [6] - 63:21,

121:16, 140:18,

155:6, 175:15, 207:25

previous [5] - 39:15,

39:16, 156:13,

156:17, 157:1

previously [5] -

40:11, 68:4, 73:2,

74:24, 89:10

price [2] - 24:14,

118:20

primarily [1] - 36:2

Prime [1] - 192:16

principal [4] -

155:22, 156:11,

156:12

principally [3] - 33:8,

33:11, 36:3

principle [1] - 17:13

printed [2] - 99:8,

133:17

printout [3] - 95:23,

123:3, 130:17

private [2] - 124:11,

128:11

privy [1] - 212:7

probability [1] -

14:22

probable [1] - 101:12

probate [1] - 107:9

probation [1] - 107:1

problem [6] - 25:6,

126:17, 199:11,

200:25, 201:3, 209:11

problems [2] -

214:22, 220:3

Procedure [2] -

13:19, 161:17

procedures [1] -

13:10

proceed [13] - 15:3,

17:10, 23:4, 32:17,

65:24, 130:2, 168:6,

179:5, 180:8, 199:25,

213:3, 213:4, 219:5

proceeded [4] - 10:6,

219:7, 219:8

proceedings [4] -

1:19, 11:5, 222:8,

222:13

Proceedings [1] -

1:24

process [12] - 13:21,

24:9, 26:7, 27:14,

27:23, 28:1, 39:3,

39:4, 137:9, 209:25,

210:3

procure [5] - 19:19,

55:17, 92:5, 106:5,

108:4

produce [1] - 178:12

produced [1] - 49:8

professional [1] -

114:4

proffered [2] - 62:14,

145:13

proffering [1] - 178:6

prohibits [1] - 11:12

projects [8] - 33:5,

36:9, 36:11, 36:13,

37:20, 37:23, 37:25,

39:12

promised [1] -

205:19

proof [8] - 9:13,

10:10, 64:20, 86:24,

177:24, 178:23,

195:20

properly [2] - 14:3,

46:10

properties [10] -

18:12, 18:16, 25:5,

35:16, 35:21, 36:1,

36:3, 64:8, 65:5,

74:24

property [20] - 33:10,

36:14, 39:10, 65:7,

68:3, 68:6, 68:9,

69:21, 69:24, 70:8,

77:25, 80:2, 84:6,

84:12, 84:18, 84:19,

90:16, 98:3, 98:4,

119:1

proposed [2] -

173:16, 178:10

proposing [1] -

61:19

propounded [1] -

27:25

prosecuted [1] -

133:24

prosecutor [1] -

134:15

prosecutors [1] -

15:5

prospective [1] -

27:1

prove [4] - 15:19,

21:21, 64:21, 197:13

proven [1] - 161:1

provide [7] - 9:4,

14:12, 38:5, 38:9,

122:3, 128:10, 138:21

provided [9] - 33:16,

38:2, 38:3, 38:7,

38:11, 38:14, 40:11,

153:17, 156:23

provides [1] - 116:2

province [2] -

139:16, 140:11

proving [1] - 178:24

provision [2] -

121:12, 121:14

proximity [1] -

156:21

public [7] - 11:3,

142:21, 155:4, 155:6,

155:10, 155:12,

214:20

Public [5] - 135:11,

154:1, 157:4, 158:18,

163:3

publication [1] -

219:24

publish [2] - 73:12,

73:13

published [1] -

195:21

pull [1] - 105:16

pulling [1] - 220:16

purchase [1] -

165:11

purchased [1] -

105:5

purpose [18] - 18:9,

25:14, 36:7, 36:8,

54:20, 64:21, 115:5,

118:8, 127:9, 127:10,

140:8, 176:18,

176:19, 189:10,

192:19, 195:18,

197:22, 203:13

purposefully [2] -

19:11, 26:1

purposes [20] - 12:4,

18:18, 25:14, 27:19,

28:6, 71:2, 86:21,

93:11, 101:20, 109:1,

109:16, 110:22,

111:2, 119:14,

120:25, 121:3,

124:18, 134:17,

178:13, 220:20

pursuant [1] - 207:4

put [22] - 8:4, 8:15,

10:4, 24:14, 57:19,

85:24, 89:7, 100:8,

110:11, 130:24,

135:23, 161:6,

186:19, 187:8,

188:18, 188:24,

211:1, 211:13,

213:25, 216:12,

216:17, 216:19

puts [1] - 110:5

putting [4] - 38:24,

84:9, 214:3, 216:14

Q

qualifications [1] -

162:12

qualified [4] - 82:8,

121:23, 122:2, 130:18

questioned [1] - 86:9

questioning [3] -

13:12, 86:13, 139:6

questions [23] -

77:5, 93:23, 117:16,

119:5, 120:22,

123:10, 124:5, 125:7,

125:8, 135:17,

137:11, 138:17,

141:7, 168:5, 169:11,

175:18, 181:15,

184:8, 199:19, 205:8,

214:8, 221:4, 221:7

quick [2] - 37:10,

166:19

quite [4] - 42:13,

61:21, 104:22, 200:3

quote/unquote [1] -

188:10

R

radio [1] - 11:25

Rain [8] - 40:25,

57:24, 69:2, 76:20,

79:16, 85:6, 160:6,

167:7

raise [6] - 10:24,

11:5, 29:6, 38:24,

87:23, 170:4

Raise [1] - 142:2

raised [3] - 20:4,

61:17, 181:15

raising [2] - 36:11,

86:19

ran [3] - 17:25,

18:24, 201:21

Ranch [3] - 76:16,

84:18, 84:22

range [1] - 53:3

rate [1] - 148:14

rather [4] - 21:25,

24:3, 100:25, 135:24

re [6] - 43:10, 66:5,

112:16, 152:24,

220:9, 220:13

re-appointed [2] -

220:9, 220:13

re-approach [1] -

66:5

re-elected [1] -

112:16

re-offering [1] -

43:10

re-urge [1] - 152:24

reached [2] - 204:23

read [29] - 11:24,

15:5, 15:24, 29:17,

45:16, 48:7, 55:14,

55:20, 82:13, 99:8,

106:2, 106:8, 107:18,

114:6, 114:8, 119:16,

120:1, 130:11, 132:1,

138:24, 138:25,

143:11, 158:2,

212:11, 212:19,

212:21, 220:17

reader [1] - 137:22

readers [1] - 122:1

reading [3] - 130:7,

191:1, 220:15

reads [2] - 82:17,

156:7

ready [7] - 29:16,

31:23, 61:15, 65:24,

96:19, 141:20

real [9] - 31:4, 31:6,

62:5, 66:14, 70:8,

166:19, 187:19,

188:15, 197:14

really [8] - 62:24,

134:4, 172:10,

177:23, 200:11,

200:14, 206:14,

220:23

realtime [2] - 99:6,

99:12

reason [13] - 21:15,

93:1, 103:17, 103:25,

108:24, 109:14,

187:11, 187:13,

187:14, 187:15,

187:19, 198:25,

207:24

reasonable [5] -

9:15, 14:24, 17:8,

28:8, 118:20

reasonably [1] -

111:7

reasons [3] - 65:16,

188:5, 188:9

rebuttal [1] - 139:17

receipt [2] - 102:10,

151:24

receive [6] - 145:6,

161:20, 162:5,

183:10, 207:16,

211:22

received [18] - 44:11,

44:12, 44:13, 55:25,

56:17, 123:13, 127:6,

144:19, 146:23,

161:14, 171:18,

172:24, 186:13,

187:4, 192:18,

206:17, 207:17,


242211:21

receiving [1] - 181:4

recess [4] - 96:17,

96:23, 141:18, 199:17

recessed [1] -

199:14

reckless [1] - 218:20

recognize [20] -

30:17, 45:6, 45:25,

47:1, 47:23, 50:13,

54:17, 54:18, 54:19,

78:6, 84:19, 127:2,

144:1, 147:11, 150:6,

171:13, 189:18,

189:23, 191:25, 193:8

recollection [13] -

39:17, 53:16, 89:4,

91:13, 93:6, 93:7,

93:9, 126:21, 129:12,

171:24, 173:14,

194:22, 201:13

recommended [1] -

137:22

RECORD [7] - 1:1,

20:17, 31:22, 66:7,

99:14, 177:22, 184:6

record [28] - 8:15,

8:20, 9:24, 17:2, 40:9,

50:15, 64:20, 66:8,

67:19, 68:20, 69:1,

69:8, 69:19, 70:8,

79:8, 79:19, 93:16,

99:25, 101:9, 101:19,

101:20, 107:6,

124:20, 151:20,

160:14, 172:15,

174:5, 203:21

Record [3] - 222:10,

222:12, 222:16

recorded [1] - 12:8

Records [26] - 5:6,

5:8, 5:10, 5:11, 5:13,

5:14, 5:15, 5:16, 5:17,

5:18, 5:20, 5:21, 5:22,

6:4, 6:4, 6:19, 6:20,

6:21, 6:22, 6:23, 6:24,

6:25, 7:4, 7:5, 7:6, 7:8

records [99] - 12:25,

24:3, 42:16, 43:16,

47:16, 48:1, 48:12,

48:14, 48:16, 48:21,

48:22, 49:1, 49:3,

49:8, 51:25, 54:4,

54:7, 54:11, 55:24,

56:17, 57:8, 58:2,

58:6, 60:1, 60:14,

62:5, 64:8, 65:4, 65:5,

65:8, 66:1, 66:15,

66:16, 67:7, 67:25,

68:3, 68:9, 68:17,

68:25, 69:4, 69:21,

72:10, 75:3, 81:9,

81:11, 81:16, 85:20,

143:16, 144:1, 144:3,

144:8, 144:10,

144:19, 144:20,

145:11, 146:2, 146:4,

150:1, 150:8, 150:15,

151:15, 153:17,

153:18, 153:21,

153:24, 153:25,

154:6, 154:9, 154:13,

154:19, 157:4, 157:7,

157:11, 157:19,

157:20, 158:13,

158:15, 158:22,

159:11, 159:19,

160:2, 160:11, 163:7,

163:14, 163:20,

165:5, 165:9, 165:14,

165:19, 165:20,

165:21, 165:23,

166:6, 166:14,

168:13, 185:17,

198:17, 202:10

RECROSS [2] -

119:6, 141:1

RECROSS-

EXAMINATION [2] -

119:6, 141:1

recruit [1] - 185:9

rectify [1] - 220:3

red [4] - 35:14,

77:11, 77:13, 84:8

redact [1] - 73:19

redacted [1] - 62:23

redirect [3] - 117:19,

138:14, 221:6

REDIRECT [3] -

117:21, 124:7, 137:15

refer [2] - 67:22,

95:12

reference [4] -

121:25, 123:7, 158:9,

162:25

references [1] - 69:7

referral [4] - 143:1,

143:7, 143:10, 153:5

referred [4] - 12:20,

66:10, 122:12, 189:25

referring [3] - 42:9,

67:19, 130:6

reflect [5] - 9:24,

71:13, 150:15,

150:18, 153:21

reflected [1] - 98:17

reflects [3] - 80:11,

80:20, 222:13

refrain [1] - 108:15

refresh [9] - 12:7,

89:1, 89:16, 93:6,

93:7, 94:21, 144:6,

153:16, 167:4

refreshes [2] - 89:3,

93:9

regard [7] - 53:4,

80:2, 89:5, 163:6,

163:14, 163:20, 205:5

regarding [12] -

31:18, 54:7, 87:11,

90:4, 92:4, 95:20,

128:16, 135:23,

143:7, 154:10,

161:10, 181:5

regards [8] - 51:22,

70:14, 80:16, 81:3,

127:14, 137:25,

183:19, 200:19

region [1] - 33:21

register [11] - 19:24,

27:2, 108:25, 109:15,

112:22, 128:17,

131:19, 148:3,

210:14, 210:20, 216:5

registered [26] -

19:23, 25:22, 49:23,

49:25, 50:6, 50:21,

51:9, 89:18, 98:21,

98:23, 99:17, 100:13,

108:8, 109:21,

111:17, 114:10,

114:12, 121:2, 127:7,

127:11, 127:20,

127:24, 155:5,

155:11, 167:7, 182:25

registering [1] -

169:5

registers [1] - 131:18

registrar [4] -

109:20, 109:23,

113:19, 113:20

registrar's [2] -

114:17, 114:19

Registration [3] -

5:12, 7:8, 54:22

registration [63] -

19:5, 19:14, 19:20,

49:10, 49:12, 50:15,

50:24, 50:25, 51:3,

51:4, 51:12, 53:15,

54:8, 55:17, 56:8,

56:11, 56:23, 56:25,

57:12, 57:15, 57:25,

58:16, 58:20, 59:1,

64:16, 69:16, 69:25,

70:11, 70:17, 71:11,

71:12, 71:15, 75:4,

88:2, 88:7, 88:20,

89:8, 92:4, 92:5, 99:1,

105:18, 106:1, 106:5,

108:4, 108:19, 109:9,

110:13, 122:4,

123:11, 134:9, 165:9,

165:10, 168:21,

180:16, 180:17,

180:18, 180:19,

183:4, 183:9, 185:12,

198:12, 216:13,

216:18

registrations [5] -

19:8, 49:4, 51:1,

105:14, 168:2

regularly [2] - 175:5,

175:9

Reiter [1] - 8:24

relating [1] - 178:23

relation [6] - 31:15,

60:4, 74:12, 75:10,

178:5, 178:6

relationship [2] -

14:21, 31:10

relative [1] - 90:23

released [3] - 11:13,

29:18, 125:14

relevance [5] - 52:7,

99:17, 99:19, 99:20,

175:11

relevancy [1] - 178:6

relevant [17] - 14:8,

52:9, 62:8, 62:10,

62:24, 63:11, 65:15,

100:7, 101:5, 101:9,

101:10, 132:8,

147:13, 155:13,

177:24, 178:16,

182:10

rely [2] - 115:22,

115:23

remain [1] - 29:12

remaining [1] - 149:2

remains [1] - 24:22

remedies [1] - 24:1

remember [50] -

11:7, 11:23, 15:18,

62:10, 88:24, 89:14,

90:23, 91:2, 91:5,

91:6, 96:11, 102:5,

102:9, 102:12,

102:23, 102:25,

103:14, 104:7,

104:14, 104:25,

105:4, 105:17,

105:19, 116:14,

119:23, 123:1,

135:17, 135:20,

173:18, 176:4, 181:4,

187:24, 192:7,

194:13, 194:24,

209:5, 213:6, 215:16,

215:24, 215:25,

216:2, 216:25, 220:2,

220:3, 220:15,

220:16, 221:16

Remember [1] -

132:15

remembered [1] -

123:1

remind [1] - 128:16

render [1] - 13:3

rendered [1] - 8:24

rendition [1] -

151:15

renew [6] - 71:21,

72:4, 73:1, 162:20,

176:21, 177:17

renewed [1] - 140:17

rent [4] - 23:14,

52:10, 132:21, 188:13

rented [9] - 19:21,

23:17, 149:13,

149:21, 185:18,

185:19, 200:3, 200:6,

203:9

renting [2] - 21:17,

24:11

repeat [1] - 183:17

rephrase [5] - 52:24,

138:20, 175:7,

175:20, 210:21

replaced [1] - 113:4

replaces [2] - 113:5,

113:7

replete [1] - 100:1

reply [1] - 160:22

report [6] - 11:15,

29:17, 155:5, 155:11,

155:14, 156:8

reported [2] - 1:24,

222:11

Reporter [2] - 222:4,

222:23

reporter [6] - 30:13,

53:11, 135:21, 141:3,

170:20, 171:7

reporter's [2] -

203:21, 222:1

REPORTER'S [1] -

1:1

Reporter's [4] - 3:21,

222:9, 222:12, 222:16

reporting [1] - 99:6

reports [3] - 11:25,

155:6, 155:12

represent [2] - 46:3,

47:3

representation [6] -

22:19, 47:14, 65:1,

65:12, 82:3, 198:1

representatives [1] -

128:23

represented [2] -

91:9, 128:14

representing [3] -

32:24, 65:3, 73:15

represents [1] -

44:16

request [10] - 24:3,

73:12, 144:10,

144:19, 150:16,

153:25, 154:5, 154:9,

157:4, 165:4

requested [6] - 9:6,

48:14, 144:8, 144:12,

154:11, 222:8

requesting [2] -


24348:12, 199:18

requests [1] - 174:6

require [1] - 40:3

required [5] - 15:19,

39:14, 41:11, 161:12,

161:16

requirement [10] -

19:24, 41:8, 131:9,

131:11, 131:16,

138:5, 160:17,

161:18, 162:14, 163:2

requirements [2] -

161:10, 161:15

res [1] - 178:13

research [1] - 74:22

Research [6] - 35:10,

35:12, 35:17, 35:20,

97:11, 216:17

researched [1] -

198:16

reserved [1] - 53:19

reside [10] - 16:19,

26:19, 26:20, 65:5,

110:3, 110:22, 111:1,

111:5, 131:12, 132:20

resided [3] - 55:2,

58:21, 114:16

Residence [76] - 5:9,

19:6, 19:10, 19:11,

46:24, 47:11, 47:12,

47:16, 48:2, 48:13,

53:25, 55:25, 56:4,

56:15, 56:19, 57:9,

57:13, 58:2, 58:4,

58:22, 58:23, 59:17,

60:1, 60:8, 60:12,

61:4, 72:10, 77:9,

77:15, 89:23, 90:2,

90:12, 90:25, 92:14,

92:18, 105:12,

105:13, 143:21,

143:22, 144:4,

144:11, 145:11,

150:1, 150:8, 151:5,

151:21, 153:21,

153:24, 183:1, 183:4,

183:14, 183:16,

184:2, 185:17, 186:1,

186:5, 186:8, 186:10,

187:12, 188:10,

188:13, 189:5,

189:21, 191:9,

192:20, 193:16,

194:2, 195:2, 197:24,

198:4, 200:21,

200:22, 202:10,

203:12, 217:7

residence [68] -

17:13, 19:13, 26:24,

27:2, 28:5, 40:21,

40:24, 41:17, 41:22,

46:18, 54:25, 56:6,

56:13, 56:14, 56:21,

57:16, 57:17, 58:17,

59:10, 59:13, 59:16,

60:3, 60:7, 60:22,

69:15, 71:17, 71:19,

82:11, 87:15, 92:15,

98:25, 104:3, 108:21,

109:7, 110:11,

110:12, 110:23,

131:14, 131:24,

132:14, 132:16,

134:10, 134:11,

134:16, 138:5, 138:7,

138:10, 138:22,

138:24, 139:1, 139:2,

140:16, 158:17,

168:16, 168:20,

170:14, 171:18,

187:12, 213:12,

213:13, 216:14,

216:18, 216:23,

217:14, 217:19,

217:25, 220:20

residences [2] -

62:21, 62:23

residency [4] -

131:9, 135:24,

179:17, 220:19

resident [7] - 58:14,

59:6, 106:11, 106:14,

109:8, 211:6, 211:8

residential [1] -

82:23

residents [7] - 18:15,

25:23, 38:18, 41:9,

114:24, 215:4, 215:6

residing [2] - 104:3,

131:12

resolve [1] - 129:3

resonate [2] - 26:22,

26:23

resource [1] - 121:25

resources [6] -

122:3, 122:6, 124:1,

124:3, 137:20, 137:21

respect [6] - 27:22,

70:22, 91:18, 91:19,

119:8, 206:13

respective [3] -

46:17, 77:23, 222:14

respectively [1] -

164:17

respond [3] - 155:2,

160:22, 204:14

responded [1] -

155:3

response [35] - 52:8,

64:5, 66:19, 87:13,

87:14, 89:20, 89:25,

90:1, 90:7, 90:15,

90:21, 91:4, 92:17,

93:4, 93:5, 93:10,

93:14, 103:6, 118:17,

139:15, 140:10,

143:15, 144:18,

145:6, 152:17,

153:16, 175:13,

176:9, 177:10,

177:16, 184:8, 187:5,

201:15, 201:17,

204:22

responsibilities [1] -

37:24

responsibility [2] -

16:2, 143:4

responsible [1] -

26:8

responsive [4] -

150:17, 150:18,

174:8, 182:7

rest [2] - 19:4, 166:9

restroom [1] - 199:8

rests [1] - 15:15

result [5] - 21:1,

55:19, 95:14, 106:7,

206:3

resulted [1] - 65:14

results [5] - 20:6,

21:1, 23:7, 32:9,

186:16

return [2] - 20:2,

96:10

review [16] - 12:25,

78:4, 119:21, 130:15,

130:19, 133:3, 139:3,

154:21, 157:15,

192:10, 207:12,

207:13, 207:18,

207:20, 207:24,

212:10

reviewed [2] - 55:24,

132:1

reviewing [1] - 192:9

revisit [1] - 10:13

Richard [17] - 3:17,

5:18, 6:24, 41:15,

45:23, 46:9, 59:2,

69:11, 69:12, 76:11,

145:2, 163:8, 165:24,

170:3, 170:14, 170:17

RICHARD [1] - 170:7

RICHARD... [1] - 4:6

Rick [3] - 18:25,

83:19, 170:18

right-hand [3] - 34:3,

34:6, 46:15

rights [1] - 211:15

rise [5] - 10:18, 16:7,

61:13, 141:17, 141:23

River [2] - 76:7, 76:8

road [10] - 33:5,

35:7, 35:11, 36:9,

36:11, 37:13, 37:20,

37:25, 39:12, 101:3

Road [92] - 16:18,

17:19, 17:23, 18:1,

18:3, 18:5, 18:7,

18:14, 25:9, 25:16,

31:11, 31:12, 31:16,

32:19, 32:25, 33:3,

33:4, 33:15, 33:23,

34:12, 34:19, 34:22,

34:23, 34:25, 35:1,

35:3, 35:6, 35:11,

35:15, 36:13, 36:24,

37:1, 37:22, 38:13,

39:2, 39:7, 39:20,

40:10, 40:17, 40:19,

41:4, 41:7, 41:10,

41:15, 41:25, 42:5,

42:9, 42:12, 42:13,

42:16, 46:12, 53:4,

58:15, 64:13, 72:14,

72:19, 74:10, 74:15,

74:17, 74:19, 74:21,

74:22, 74:25, 75:14,

75:20, 76:5, 76:9,

76:13, 76:18, 76:22,

77:1, 77:14, 79:18,

83:3, 115:16, 116:2,

126:22, 127:7,

128:15, 128:23,

142:24, 158:1,

171:16, 172:16,

172:19, 172:21,

177:12, 178:9, 179:7,

179:22, 180:13, 209:8

roads [28] - 18:10,

18:15, 18:19, 25:3,

33:6, 33:8, 33:9,

34:10, 36:9, 36:12,

37:12, 37:15, 37:20,

37:22, 37:24, 38:1,

39:5, 39:6, 39:8, 39:9,

75:23, 115:2, 115:21,

115:22, 115:23,

116:3, 116:6

roadways [1] - 33:11

Robert [20] - 6:13,

7:6, 45:19, 51:21,

60:21, 70:14, 76:23,

85:12, 145:2, 145:5,

146:21, 146:24,

147:1, 149:21,

164:19, 164:22,

188:14, 194:17,

194:18

Roberta [22] - 5:21,

6:12, 7:4, 45:12, 60:4,

60:7, 70:9, 76:6,

79:23, 81:4, 83:14,

145:1, 145:2, 146:24,

146:25, 163:22,

163:23, 163:24,

165:25, 167:21,

196:23

role [3] - 179:15,

182:19, 198:14

rolled [1] - 153:10

rolling [1] - 152:1

rolls [3] - 114:17,

114:20

room [44] - 12:6,

12:14, 12:16, 12:18,

19:21, 49:16, 49:18,

49:23, 49:25, 50:8,

50:11, 50:18, 50:19,

50:21, 51:5, 51:9,

52:10, 53:18, 53:19,

53:20, 53:24, 56:19,

90:24, 91:6, 91:10,

91:14, 132:21,

146:10, 148:14,

149:9, 153:12,

171:13, 185:21,

185:22, 185:23,

188:14, 188:16,

188:19, 188:25,

197:18, 200:22,

201:9, 214:7

rooms [29] - 21:17,

23:17, 24:11, 54:2,

54:3, 146:7, 148:1,

149:13, 149:15,

151:5, 151:21,

153:21, 185:18,

185:19, 188:13,

188:18, 200:3, 200:6,

200:8, 200:12,

200:16, 200:22,

200:23, 200:24,

201:5, 202:22, 203:9,

203:10

roster [3] - 43:20,

43:24, 43:25

rough [1] - 149:19

roughly [2] - 49:19,

172:7

round [1] - 169:25

row [1] - 45:3

RUD [87] - 18:22,

20:3, 20:9, 23:9,

24:23, 24:24, 25:2,

25:3, 25:5, 27:13,

27:19, 31:16, 33:7,

36:16, 37:1, 38:13,

41:9, 41:24, 42:11,

45:11, 64:15, 75:10,

97:16, 97:18, 97:25,

98:1, 98:3, 98:22,

98:23, 111:18,

111:21, 111:24,

111:25, 112:3, 112:4,

112:18, 113:2, 113:4,

113:7, 113:9, 113:22,

113:24, 114:11,

114:17, 114:20,

114:24, 114:25,

115:8, 115:10,

115:11, 115:13,

115:15, 115:18,

115:25, 116:8,

116:16, 116:18,


244116:20, 116:21,

117:2, 172:8, 173:24,

174:1, 176:14,

180:14, 182:20,

186:18, 187:20,

187:22, 190:8,

190:18, 208:15,

208:22, 209:2, 209:6,

210:8, 211:3, 211:9,

213:2, 214:21,

214:22, 215:3,

217:24, 220:3, 220:5,

220:10

RUD's [1] - 187:1

rule [14] - 13:11,

28:16, 28:19, 28:20,

28:22, 29:10, 29:25,

125:15, 125:25,

126:5, 169:4, 169:19,

169:23

Rule [1] - 65:17

Rules [4] - 13:17,

13:18, 14:2, 65:18

rules [1] - 13:18

Ruling.....................

..... [2] - 3:6, 3:19

rulings [2] - 13:5,

67:11

run [11] - 11:9,

111:8, 111:22,

112:22, 112:25,

173:25, 179:21,

188:8, 208:14, 208:24

running [7] - 39:23,

40:7, 43:1, 44:6,

141:15, 141:16,

181:19

Ryan [1] - 222:24

S

S-T-I-L-W-E-L-L [1] -

30:14

Safety [4] - 154:1,

157:4, 158:18, 163:3

sake [1] - 79:3

sale [4] - 103:14,

103:16, 118:14,

118:22

sales [1] - 187:17

sarcasm [1] - 118:5

sarcastic [1] - 118:3

satisfy [1] - 213:14

Saturday [5] - 94:23,

95:1, 152:3, 185:15,

188:1

save [1] - 30:15

saw [7] - 53:13, 56:9,

72:10, 78:23, 94:11,

123:5, 214:17

Sawdust [1] - 172:19

SBOT [3] - 2:3, 2:4,

2:9

scheme [17] - 18:2,

18:22, 19:2, 20:3,

23:9, 24:2, 64:9,

64:14, 64:15, 65:12,

66:1, 176:13, 176:20,

177:12, 178:14,

182:16, 185:4

Schissler [1] - 145:1

school [2] - 133:6,

162:3

School [1] - 30:23

screen [3] - 99:9,

99:11, 202:10

scrutiny [1] - 220:9

seal [1] - 194:20

seat [2] - 142:4,

170:6

seated [4] - 17:2,

29:20, 61:20, 96:22

seats [1] - 20:8

second [9] - 41:12,

45:12, 50:1, 82:22,

106:21, 170:15,

176:15, 195:9, 198:7

secondly [1] -

131:18

Secrest [1] - 222:17

secretary [1] - 156:3

Secretary [20] - 6:17,

109:16, 119:22,

122:10, 123:1,

130:13, 135:22,

136:19, 137:5, 141:5,

143:3, 154:6, 154:10,

154:19, 155:1,

207:15, 207:21,

212:9, 214:13, 215:11

section [5] - 55:13,

82:1, 106:2, 121:10,

156:2

Section [4] - 82:20,

122:18, 138:10,

140:17

sections [4] -

130:17, 134:19,

155:4, 155:24

security [1] - 187:16

see [67] - 11:6,

23:17, 24:3, 24:19,

33:25, 34:2, 34:8,

34:10, 34:14, 34:19,

34:23, 34:25, 35:5,

35:12, 35:14, 35:18,

40:24, 43:19, 44:5,

44:8, 44:23, 46:6,

46:15, 48:3, 50:16,

51:11, 57:5, 63:1,

69:7, 74:7, 74:14,

75:22, 77:11, 84:8,

109:5, 116:15,

116:24, 117:1,

119:15, 119:18,

119:25, 134:15,

136:4, 137:17,

147:25, 148:22,

149:25, 150:3,

150:21, 153:6, 158:3,

166:14, 166:17,

168:22, 168:25,

184:4, 184:16, 190:9,

190:10, 194:3,

198:17, 200:25,

201:3, 202:21,

202:25, 212:11,

221:15

seeing [1] - 159:5

seek [12] - 122:5,

122:8, 122:21, 123:9,

123:12, 136:13,

136:15, 206:23,

208:6, 210:18,

210:19, 212:3

seeking [3] - 84:10,

84:11, 214:5

seem [5] - 98:19,

100:6, 139:10,

145:24, 146:3

selected [1] - 16:10

self [1] - 193:25

self-addressed [1] -

193:25

sell [7] - 24:15,

38:25, 92:23, 93:2,

118:15, 118:20,

118:22

seller's [1] - 118:19

send [2] - 128:21,

193:18

sending [2] - 119:9,

129:7

sense [1] - 220:8

sent [12] - 25:20,

25:24, 118:6, 121:1,

127:5, 129:11,

129:14, 136:11,

143:12, 144:13,

189:12, 194:2

separate [1] - 67:2

separated [2] -

64:14, 203:16

sequence [1] -

161:24

sequestration [2] -

28:20, 29:10

sergeant [2] -

125:23, 142:11

Sergeant [12] -

142:1, 142:9, 142:14,

145:17, 153:24,

154:8, 157:19,

160:17, 161:9, 165:3,

165:20, 166:14

series [3] - 51:24,

61:6, 155:3

serious [2] - 118:2,

206:25

serves [2] - 115:5,

159:22

service [6] - 11:8,

38:10, 38:11, 38:14,

97:22, 116:3

services [6] - 38:2,

38:5, 38:6, 38:16,

38:17, 97:25

serving [3] - 112:16,

113:2, 113:3

set [1] - 215:11

sets [2] - 13:17,

121:18

seven [1] - 170:25

seventh [1] - 45:20

several [9] - 13:17,

35:21, 52:2, 102:6,

127:6, 128:13,

128:14, 165:22, 203:9

sewer [3] - 38:9,

38:11, 38:14

shaded [2] - 34:1,

35:13

shaking [1] - 184:8

shall [2] - 15:5, 16:7

shape [1] - 119:10

share [2] - 212:8,

213:11

sharing [1] - 185:23

sheet [6] - 44:3,

44:4, 44:17, 46:3,

46:4, 183:6

shirt [1] - 193:21

Shoot [1] - 76:25

shooting [1] - 197:16

shop [5] - 115:11,

115:12, 115:15, 116:5

Shopping [2] -

34:20, 35:2

shopping [3] - 116:5,

116:7, 116:8

shops [2] - 34:17,

35:23

short [2] - 78:15,

209:1

SHORT [4] - 61:14,

141:19, 170:1, 199:15

shorthand [2] - 1:24,

151:15

shortly [2] - 48:14,

48:20

show [30] - 12:5,

15:8, 22:22, 23:25,

24:7, 26:1, 27:21,

33:20, 44:15, 49:7,

50:1, 54:15, 72:19,

79:4, 88:25, 98:12,

99:12, 102:16,

105:23, 126:25,

143:25, 150:5, 154:8,

165:3, 168:10,

173:19, 188:20,

189:16, 189:18, 202:9

showed [2] - 84:20,

85:1

showing [18] - 40:14,

41:12, 42:2, 43:15,

46:25, 49:12, 57:15,

58:7, 59:1, 59:20,

70:19, 78:3, 81:20,

157:25, 176:19,

191:15, 192:19,

197:23

shown [1] - 196:5

shows [4] - 72:14,

81:2, 150:20, 151:24

shut [3] - 25:17,

180:11, 180:13

side [10] - 22:3,

33:25, 34:3, 34:7,

34:15, 45:1, 99:9,

148:18, 202:22

sides [1] - 25:9

sign [4] - 44:19,

103:15, 103:16,

174:15

signature [8] - 45:16,

45:18, 45:24, 56:3,

107:13, 107:21,

156:5, 156:6

signatures [3] - 45:5,

45:6, 46:7

signed [15] - 16:22,

54:24, 56:5, 57:11,

83:12, 83:17, 84:13,

88:17, 88:19, 92:19,

120:5, 153:18,

156:19, 157:2, 181:7

significance [2] -

52:5, 52:17

significant [3] -

11:20, 54:1, 217:1

signing [7] - 55:21,

82:7, 106:9, 107:12,

107:19, 174:5, 174:6

signs [1] - 82:2

similar [7] - 39:3,

39:4, 56:10, 94:19,

97:18, 97:19, 97:23

simple [1] - 108:24

simply [2] - 127:25,

140:11

single [12] - 50:18,

51:5, 56:1, 56:4,

56:18, 56:19, 56:22,

57:10, 57:13, 58:4,

59:18, 60:2

sit [5] - 28:10, 109:5,

205:21, 219:15,

219:19

sites [1] - 130:19

sits [1] - 26:15

sitting [4] - 90:18,

171:13, 190:24,

196:13


245

situation [8] - 17:20,

91:16, 98:21, 126:21,

126:23, 140:4,

201:11, 215:17

Six [32] - 19:6, 44:23,

45:4, 46:19, 47:11,

47:13, 48:2, 53:8,

55:2, 56:14, 57:3,

57:17, 58:5, 58:19,

58:21, 59:13, 59:21,

60:9, 60:22, 77:9,

77:13, 77:14, 95:17,

117:15, 143:23,

158:10, 158:11,

159:1, 159:6, 159:15,

168:1, 168:16

six [5] - 43:2, 44:6,

142:17, 142:20, 209:6

sixth [1] - 45:19

size [3] - 80:3,

104:18, 193:9

skipped [1] - 79:19

sleepless [1] -

204:23

slightly [4] - 35:4,

35:9, 35:18, 164:12

slots [2] - 37:8, 40:7

small [1] - 178:10

smiling [1] - 193:20

smirk [1] - 195:15

snowbird [1] - 17:17

sold [5] - 39:12,

98:1, 118:19, 118:20,

119:1

solely [1] - 109:4

solider [1] - 17:17

someone [6] - 11:14,

71:18, 139:1, 188:8,

207:8, 207:10

sometime [2] -

15:13, 113:16

sometimes [2] -

38:12, 115:6

somewhat [1] -

118:3

somewhere [3] -

132:13, 152:12, 172:9

soon [3] - 113:25,

187:1, 195:13

sorry [15] - 66:6,

77:7, 77:11, 81:23,

83:20, 95:13, 144:9,

148:7, 151:10, 153:9,

169:2, 174:9, 183:17,

184:10, 215:4

sort [3] - 118:21,

145:23, 219:13

sought [4] - 123:14,

132:2, 133:18, 212:6

sounds [2] - 64:2,

198:19

south [1] - 172:19

space [4] - 33:10,

34:22, 35:3, 36:14

speaking [1] -

214:24

special [4] - 33:4,

37:18, 37:21, 142:13

specially [1] - 38:7

specific [10] - 9:9,

18:11, 32:25, 48:6,

105:16, 107:23,

131:17, 140:18,

144:21, 144:22

Specifically [1] -

95:20

specifically [21] -

54:23, 82:7, 90:18,

92:7, 92:11, 92:15,

93:5, 102:10, 107:15,

116:15, 128:21,

129:13, 129:15,

145:19, 158:9,

162:25, 179:13,

182:19, 183:19,

188:3, 201:12

specificity [4] -

139:1, 140:7, 140:16,

140:19

specifies [1] -

122:18

speculate [1] -

140:13

speculating [1] -

52:21

speculation [4] -

52:13, 91:19, 123:16,

132:7

speculative [1] -

52:16

sped [2] - 101:3,

190:24

speed [2] - 62:19,

190:2

speeding [1] - 101:2

spell [2] - 30:12,

170:19

spend [1] - 215:7

spent [5] - 17:12,

148:6, 197:25,

200:16, 200:20

splits [1] - 17:21

splitting [1] - 24:11

spot [1] - 110:4

spouse [2] - 11:20,

166:3

spouses' [2] - 48:11

Spring [4] - 41:20,

163:10, 171:3, 182:14

spring [1] - 170:14

Springs [1] - 34:20

square [1] - 17:19

St [1] - 35:22

staff [1] - 23:16

Stagecoach [4] -

42:10, 69:10, 75:17,

75:18

stalled [1] - 21:14

stamp [2] - 55:15,

106:23

stand [4] - 77:7,

86:8, 92:16, 202:6

standard [4] - 9:12,

9:13, 192:18

stands [1] - 131:23

start [6] - 53:10,

78:10, 98:13, 162:7,

173:8, 173:17

started [1] - 201:4

starting [3] - 8:18,

130:21, 153:6

state [28] - 17:14,

18:9, 28:14, 39:20,

40:1, 40:2, 52:13,

55:18, 82:8, 82:9,

82:10, 82:19, 94:13,

106:6, 108:5, 124:12,

124:15, 125:21,

134:16, 141:20,

142:1, 165:17, 185:7,

209:13, 211:10,

211:12, 211:13,

217:13

State [74] - 6:17,

8:11, 9:5, 9:9, 9:19,

10:12, 15:8, 15:11,

15:13, 15:15, 15:21,

16:6, 16:9, 16:10,

16:15, 16:21, 17:5,

25:11, 28:12, 33:13,

40:8, 42:15, 43:10,

47:6, 47:19, 54:10,

62:11, 62:21, 64:5,

65:11, 67:6, 72:24,

73:5, 73:11, 73:17,

74:23, 76:16, 81:15,

94:3, 96:24, 101:11,

109:16, 119:22,

122:11, 123:2,

124:16, 130:13,

135:22, 136:20,

137:5, 143:3, 145:9,

154:6, 154:10,

154:18, 154:19,

155:2, 157:13, 166:5,

169:13, 170:2, 170:3,

177:11, 199:17,

199:18, 199:25,

207:15, 207:21,

212:9, 214:14,

215:11, 222:5

STATE [4] - 1:4, 2:2,

8:1, 222:2

STATE'S [4] - 3:12,

5:2, 6:2, 7:2

state's [6] - 9:20,

69:4, 69:21, 124:22,

160:11, 165:4

State's [98] - 8:13,

8:18, 33:14, 33:18,

40:9, 42:2, 42:15,

43:13, 44:15, 46:25,

47:7, 47:20, 47:22,

54:11, 62:14, 64:6,

64:22, 64:25, 66:12,

67:7, 67:25, 68:15,

68:16, 68:19, 68:20,

68:24, 68:25, 69:3,

69:11, 69:19, 70:2,

70:3, 70:6, 70:19,

71:25, 72:5, 72:25,

73:3, 73:9, 73:12,

78:3, 79:4, 79:9,

79:12, 79:15, 80:2,

81:15, 81:20, 93:12,

94:8, 94:13, 95:12,

98:13, 98:14, 98:15,

105:23, 105:25,

124:17, 125:5, 127:1,

137:18, 141:5,

143:25, 145:7,

145:10, 150:5,

151:11, 154:9,

154:18, 157:10,

157:12, 157:13,

157:18, 157:25,

158:4, 159:11, 160:2,

160:9, 163:6, 163:11,

163:14, 163:18,

163:20, 164:6,

164:16, 164:25,

165:17, 165:21,

166:5, 166:15, 167:3,

167:10, 167:12,

167:19, 168:10,

189:16, 189:25,

202:10

statement [10] -

26:10, 26:12, 27:6,

82:14, 82:18, 92:4,

100:5, 136:2, 204:6,

204:11

Statement [2] - 3:10,

3:11

statements [15] -

12:9, 14:23, 14:24,

15:7, 17:4, 17:8,

55:20, 55:22, 106:9,

107:18, 107:20,

176:10, 176:12,

176:15, 177:2

states [2] - 13:3,

110:8

stating [1] - 135:20

status [2] - 127:12,

127:20

statute [11] - 129:18,

130:15, 131:22,

131:23, 131:25,

132:15, 132:18,

135:18, 136:9,

137:25, 213:14

statutes [1] - 130:7

stay [20] - 23:1,

28:25, 52:3, 56:18,

58:2, 60:2, 139:11,

151:23, 152:7,

169:18, 183:13,

183:14, 186:1, 186:4,

186:7, 188:14, 189:2,

217:7, 217:11, 217:21

stayed [26] - 17:22,

19:15, 19:23, 19:25,

22:12, 22:14, 56:4,

56:22, 57:10, 57:13,

59:16, 59:18, 59:23,

59:24, 89:22, 90:1,

90:24, 91:2, 91:6,

91:14, 92:14, 92:18,

152:3, 153:22,

186:10, 189:3

staying [5] - 91:10,

183:16, 198:25,

201:8, 203:12

stays [9] - 52:1,

147:3, 147:13, 150:1,

153:6, 153:13,

159:24, 195:22,

202:20

step [4] - 37:10,

74:1, 82:15, 148:4

stepped [1] - 9:25

Stevens [1] - 1:21

sticker [2] - 73:14,

73:16

still [9] - 24:22,

85:20, 101:22, 104:3,

104:8, 119:2, 138:15,

169:22, 214:5

STILWELL [5] - 4:7,

29:21, 30:2, 125:14,

125:19

Stilwell [47] - 10:1,

28:14, 30:6, 30:9,

30:10, 30:18, 33:2,

33:20, 40:14, 41:2,

43:15, 44:25, 45:6,

46:11, 46:20, 47:10,

47:24, 48:8, 49:2,

49:9, 49:17, 50:22,

51:9, 54:17, 65:25,

67:16, 71:8, 73:7,

73:23, 77:16, 77:17,

79:10, 81:8, 84:5,

86:7, 87:2, 87:10,

88:1, 89:20, 93:21,

97:4, 108:13, 124:9,

128:19, 128:24,

129:13, 135:4

Stilwell's [1] - 129:4

Stilwell...... [1] - 3:14

Stonecrest [8] -

68:21, 76:16, 79:14,

84:18, 84:22, 167:1

Stony [4] - 68:8,


24675:25, 157:23, 158:19

stop [3] - 106:13,

184:14, 188:18

stores [1] - 115:12

storing [1] - 90:22

story [5] - 25:10,

80:4, 187:25, 192:22,

192:23

strategy [1] - 178:24

street [2] - 97:13,

174:13

Street [2] - 2:10,

77:12

stretch [1] - 169:25

structure [1] - 36:23

student [1] - 17:16

studied [1] - 133:18

studies [1] - 133:13

study [1] - 122:1

studying [1] - 133:7

stuff [1] - 134:1

styled [2] - 16:13,

222:10

subdivision [3] -

76:8, 171:4, 171:5

subject [1] - 198:15

submission [1] -

100:23

submitted [2] - 13:4,

154:12

subpoena [11] -

47:16, 48:1, 48:21,

143:12, 143:15,

144:12, 144:14,

144:18, 144:23,

150:16, 153:16

subpoenaed [4] -

48:4, 51:1, 58:6,

150:10

subpoenaing [1] -

48:6

subtotaled [1] -

148:17

succeed [1] - 21:3

sufficient [1] -

217:18

suggested [7] -

118:12, 119:21,

130:7, 132:4, 207:13,

207:18, 212:10

suggesting [1] -

88:12

suggestion [1] -

152:22

suggestive [2] -

128:6, 173:2

suit [6] - 32:8, 94:24,

96:3, 96:4, 147:15,

190:7

Suit [1] - 6:14

suitcases [1] - 90:8

Suite [1] - 97:15

summaries [1] - 15:7

summary [2] - 44:5,

69:9

summoned [1] -

29:14

sums [1] - 200:12

Sunday [1] - 152:4

supervision [1] -

107:1

supplant [2] - 101:9,

101:18

supplanting [1] -

21:4

support [1] - 100:9

suppose [1] - 133:22

supposed [6] -

110:11, 129:25,

131:6, 131:19,

185:23, 192:21

surrounding [1] -

98:20

sustain [7] - 13:15,

13:24, 52:23, 101:8,

161:5, 175:19, 182:10

sustained [14] -

42:22, 48:25, 60:18,

75:7, 84:2, 84:4,

93:18, 101:21, 128:5,

128:7, 174:20, 175:7,

204:3, 218:12

sustains [1] - 14:3

swear [8] - 10:23,

28:24, 56:12, 58:18,

82:13, 110:12,

125:24, 126:1

swearing [1] - 56:20

swimming [1] -

195:2

swing [1] - 64:17

swore [15] - 19:14,

19:16, 55:2, 56:14,

56:15, 56:21, 57:12,

57:17, 58:21, 58:24,

59:13, 59:15, 60:2,

60:11, 92:19

sworn [10] - 16:10,

30:3, 57:16, 85:4,

85:9, 125:25, 126:8,

126:13, 142:6, 170:8

SWORN [5] - 10:25,

29:8, 126:10, 142:3,

170:5

Sworn.....................

......... [1] - 3:7

Sybil [18] - 5:20,

6:11, 6:25, 45:13,

59:20, 69:19, 75:12,

79:21, 81:4, 81:24,

144:24, 163:15,

166:3, 167:18, 175:2,

175:3, 191:20, 196:23

Sycamore [4] -

70:12, 79:23, 83:15,

164:5

system [6] - 11:11,

24:6, 26:3, 27:17,

27:18, 27:19

T

table [4] - 171:14,

192:24, 192:25,

193:11

TAKEN [5] - 61:14,

96:18, 141:19, 170:1,

199:15

talks [1] - 121:20

tallies [2] - 46:14

tally [4] - 44:4, 46:3,

46:4

task [1] - 201:11

tax [15] - 18:15,

18:18, 25:6, 33:10,

34:22, 35:2, 36:10,

36:14, 38:23, 50:20,

98:2, 98:4, 202:16,

202:17

taxed [2] - 25:3,

39:11

taxes [9] - 39:1, 39:8,

39:11, 49:19, 51:14,

97:24, 97:25, 117:5,

165:12

taxing [1] - 18:21

taxpayer [2] -

155:16, 156:10

technically [1] -

75:18

television [1] - 11:25

temporarily [1] -

20:3

temporary [3] - 20:6,

25:13, 132:21

ten [30] - 44:23, 45:3,

45:7, 46:6, 46:15,

46:19, 48:9, 48:10,

53:7, 54:8, 61:9,

62:21, 64:8, 64:15,

66:1, 72:16, 136:11,

141:14, 144:23,

157:5, 157:11,

161:22, 184:2,

185:18, 200:22,

200:24, 201:6

ten-ten-and-ten [1] -

46:15

tender [2] - 42:17,

189:17

tendered [2] - 96:24,

157:13

tent [1] - 216:17

tenth [2] - 45:23,

145:4

term [3] - 39:15,

70:24, 106:25

terms [6] - 30:18,

30:25, 33:21, 143:4,

182:25, 183:13

test [1] - 88:13

testified [20] - 30:3,

85:12, 86:18, 87:5,

90:8, 92:22, 95:16,

103:10, 103:17,

103:19, 126:13,

139:6, 142:6, 170:8,

175:24, 210:24,

215:19, 215:24,

219:12

testify [9] - 23:21,

27:8, 27:9, 29:1,

205:6, 205:8, 205:13,

206:6, 215:15

testifying [6] - 13:6,

99:7, 104:25, 215:16,

215:17, 215:22

testimony [15] -

13:6, 14:17, 14:19,

15:1, 29:1, 29:15,

29:18, 71:18, 100:2,

100:4, 101:25, 111:2,

152:11, 171:8, 206:4

TEXAS [3] - 1:4, 1:5,

222:2

Texas [68] - 1:22,

2:5, 2:6, 2:10, 7:7,

8:12, 13:18, 13:19,

15:9, 16:6, 16:9,

16:10, 17:5, 17:14,

18:9, 30:23, 30:24,

33:6, 41:1, 41:20,

42:9, 54:22, 65:18,

68:18, 82:20, 85:15,

95:24, 124:12,

124:15, 126:20,

134:16, 139:2,

143:23, 146:21,

154:1, 155:19, 156:1,

156:18, 157:23,

158:18, 158:19,

159:1, 159:8, 159:15,

160:7, 160:16,

161:12, 163:10,

163:17, 164:5,

164:23, 165:8,

165:15, 165:18,

166:6, 167:24,

170:14, 170:25,

171:3, 211:10,

211:12, 211:13,

219:24, 222:6,

222:22, 222:24,

222:25

texts [1] - 12:15

THE [280] - 1:4, 2:2,

2:8, 8:3, 8:6, 8:9,

8:11, 8:17, 9:7, 9:19,

9:22, 10:3, 10:9,

10:17, 10:18, 10:20,

10:21, 10:22, 11:1,

16:23, 16:25, 17:1,

17:7, 20:16, 20:17,

21:2, 21:8, 21:20,

22:3, 22:6, 22:18,

22:23, 23:1, 23:3,

23:4, 26:9, 26:13,

27:4, 28:12, 28:17,

29:6, 29:9, 29:22,

31:21, 31:22, 31:25,

32:6, 32:11, 32:14,

32:16, 32:17, 32:23,

33:18, 40:13, 42:22,

43:13, 47:9, 47:22,

48:18, 48:25, 52:8,

52:15, 52:17, 52:23,

53:12, 54:14, 60:18,

61:8, 61:13, 61:15,

61:17, 61:20, 61:24,

62:2, 63:4, 63:10,

63:13, 63:23, 63:25,

65:2, 65:9, 65:21,

65:24, 66:4, 66:7,

66:10, 66:13, 66:17,

66:19, 66:23, 66:25,

67:3, 67:4, 67:5,

67:10, 67:15, 67:18,

67:22, 67:24, 70:23,

71:23, 72:1, 72:5,

73:3, 73:13, 73:20,

73:22, 74:2, 74:3,

74:5, 75:7, 79:7,

81:19, 84:2, 84:4,

86:14, 86:16, 86:22,

87:1, 87:6, 87:22,

88:6, 88:11, 89:13,

91:21, 91:23, 93:18,

93:21, 93:24, 94:2,

94:15, 96:7, 96:19,

96:22, 99:3, 99:5,

99:14, 99:15, 99:19,

99:23, 100:6, 100:15,

100:21, 101:7,

101:18, 101:21,

101:24, 102:2, 102:3,

102:4, 102:20,

108:14, 117:18,

117:20, 118:17,

118:23, 123:17,

123:18, 123:20,

124:20, 124:25,

125:5, 125:9, 125:13,

125:17, 125:20,

126:1, 126:4, 126:7,

126:11, 128:5, 128:7,

130:3, 132:9, 132:12,

136:3, 137:14,

138:14, 139:8,

139:15, 139:20,

139:23, 140:14,

141:10, 141:12,

141:17, 141:18,

141:20, 141:22,

141:23, 141:25,

142:2, 142:4, 145:15,


247151:8, 151:12,

151:17, 152:17,

152:21, 152:23,

154:23, 154:25,

157:17, 161:3, 161:5,

161:8, 162:22,

166:11, 168:7,

169:14, 169:16,

169:20, 170:2, 170:4,

170:6, 173:3, 173:8,

173:11, 174:9,

174:12, 174:15,

174:20, 175:7,

175:13, 175:15,

175:19, 176:9,

176:18, 177:3, 177:6,

177:16, 177:20,

177:22, 177:23,

178:3, 178:12,

178:22, 179:2, 179:4,

179:5, 182:9, 183:23,

184:4, 184:6, 184:7,

184:11, 184:15,

184:19, 184:25,

185:1, 185:2, 189:24,

190:4, 199:6, 199:9,

199:11, 199:16,

199:23, 199:25,

202:8, 204:3, 204:6,

204:9, 218:12, 221:6,

221:9, 221:12, 222:2

themselves [6] -

20:12, 23:11, 27:14,

48:16, 220:13, 220:14

therefore [4] - 9:11,

62:12, 64:24, 86:24

thinking [1] - 104:21

third [7] - 40:23,

42:2, 42:4, 44:11,

45:13, 59:2, 215:17

Thomas [10] - 6:7,

6:21, 45:22, 50:15,

56:25, 68:20, 81:3,

145:3, 149:13, 159:13

thorough [1] - 35:25

threat [4] - 121:4,

127:17, 127:18,

133:24

three [47] - 17:25,

18:24, 19:2, 20:7,

25:15, 32:24, 37:4,

37:8, 40:7, 42:25,

43:1, 43:3, 43:4, 43:8,

44:13, 46:9, 47:15,

50:7, 55:20, 55:22,

101:3, 106:8, 106:10,

107:12, 107:14,

107:18, 107:20,

107:23, 108:6, 108:8,

108:10, 111:17,

147:3, 148:2, 148:3,

148:20, 149:4, 152:6,

170:25, 172:5, 172:6,

186:13, 197:16,

197:20, 202:12,

206:22

throughout [3] -

59:25, 114:24, 142:20

throws [1] - 201:24

tie [1] - 171:9

ties [1] - 64:23

tight [1] - 171:9

to-wit [1] - 16:17

today [11] - 26:15,

46:1, 53:16, 55:9,

56:18, 81:13, 131:23,

149:6, 152:11,

169:25, 205:21

together [8] - 16:1,

23:12, 64:9, 64:23,

67:2, 146:1, 201:10,

205:3

togethers [1] - 189:4

toiletries [2] - 80:14,

90:9

tolls [1] - 39:6

Tom [19] - 5:15, 50:8,

50:16, 50:25, 51:3,

76:15, 84:16, 146:12,

165:23, 188:17,

191:12, 193:9,

193:23, 194:5,

195:17, 196:13,

196:14, 197:6

tone [2] - 118:4,

129:20

took [15] - 21:16,

24:16, 26:16, 31:18,

37:23, 78:7, 78:8,

78:22, 94:5, 103:13,

113:12, 175:24,

186:12

top [7] - 43:19,

47:25, 80:11, 80:20,

81:1, 156:10, 194:5

topside [1] - 35:19

total [12] - 43:2,

46:13, 49:19, 51:15,

144:23, 147:22,

148:22, 149:10,

200:24, 202:17,

202:22, 222:15

totally [4] - 27:12,

107:10, 214:3, 220:23

totals [1] - 202:25

touch [2] - 23:2,

83:20

touchy [1] - 130:23

toward [4] - 34:6,

178:14, 182:14, 200:9

towards [5] - 34:1,

34:7, 34:18, 34:24,

76:17

town [1] - 105:21

Town [7] - 34:4,

74:18, 116:11,

116:15, 116:25,

117:1, 117:8

Township [7] -

18:11, 31:7, 31:8,

37:19, 38:10, 111:8

tracks [1] - 23:14

tracts [1] - 116:25

traffic [3] - 161:16,

161:18, 162:25

trafficking [1] -

142:22

train [1] - 174:12

training [2] - 161:14,

161:20

transaction [1] -

95:25

transactions [1] -

147:8

transcript [2] - 99:8,

118:4

transcription [1] -

222:7

Transcription [1] -

1:25

Transportation [2] -

7:7, 95:24

TRIAL [1] - 1:2

trial [40] - 10:6,

11:24, 13:2, 13:9,

13:21, 14:5, 14:10,

15:3, 15:13, 31:2,

31:3, 32:8, 86:7,

86:10, 86:24, 87:3,

87:16, 95:22, 96:5,

100:1, 100:20, 101:2,

102:7, 125:17,

152:12, 166:2, 174:3,

183:25, 188:12,

190:24, 191:5, 200:4,

200:5, 201:4, 203:15,

203:20, 204:18,

206:11, 215:19,

215:25

tried [4] - 23:11,

24:18, 198:17, 210:13

tries [1] - 11:14

true [5] - 82:4, 82:5,

82:10, 129:23, 222:7

truly [1] - 222:13

trust [1] - 212:15

trusted [1] - 207:10

truth [6] - 14:22,

176:16, 205:7,

205:16, 218:17,

218:18

truthfully [2] - 205:9,

218:9

try [10] - 24:3, 24:4,

24:6, 24:10, 62:18,

100:22, 129:3,

129:19, 136:22,

212:12

trying [12] - 24:3,

24:9, 92:23, 93:1,

100:20, 101:2,

116:14, 184:12,

187:8, 188:2, 206:14

Tuesday [1] - 94:24

turn [1] - 180:11

turned [2] - 12:13,

99:13

twice [1] - 135:7

two [58] - 17:20,

24:13, 30:15, 37:4,

38:18, 44:1, 44:8,

44:11, 44:12, 46:16,

49:15, 50:7, 51:17,

51:18, 54:2, 55:22,

56:7, 60:20, 75:23,

78:16, 80:4, 90:8,

98:16, 99:17, 100:7,

100:9, 119:24, 122:6,

124:3, 125:24, 128:9,

129:8, 148:19, 152:3,

152:7, 156:22, 159:5,

164:16, 164:17,

172:7, 180:2, 180:5,

185:17, 185:19,

188:18, 197:17,

198:5, 200:22,

200:23, 201:5, 203:9,

203:10, 207:12,

207:14, 217:5

Two [1] - 200:24

two-night [1] - 152:7

two-story [1] - 80:4

two-two-and-two [1]

- 46:16

type [4] - 12:21,

86:19, 94:17, 142:18

types [1] - 143:14

typically [2] - 38:3,

192:10

typo [1] - 145:1

U

U.S [2] - 106:12,

106:16

ultimately [2] - 43:4,

65:14

unconstitutional [2]

- 134:5, 134:6

uncontested [2] -

39:24, 112:17

uncovered [1] -

173:24

under [18] - 13:4,

19:14, 39:20, 55:18,

60:14, 65:17, 82:15,

82:19, 106:6, 107:13,

108:4, 109:17, 139:2,

169:18, 169:22,

205:21, 205:24,

216:17

undergrad [1] -

162:2

underlined [1] -

106:8

underlines [1] -

107:15

undermined [1] -

131:6

understood [2] -

92:7, 92:10

unfair [1] - 65:16

unfounded [1] -

27:12

unhappy [1] - 184:20

uniform [1] - 162:18

unit [1] - 142:13

University [1] - 30:22

unlabeled [1] - 151:8

unless [3] - 40:3,

100:24, 175:11

unnoticed [1] - 20:5

unresponsive [2] -

32:22, 42:21

unresponsiveness

[1] - 84:3

up [57] - 10:13,

10:15, 23:13, 34:1,

34:23, 37:6, 37:8,

40:16, 45:1, 49:5,

49:19, 55:19, 62:19,

73:14, 73:17, 74:19,

74:22, 76:6, 76:24,

77:7, 85:24, 91:24,

94:1, 94:3, 96:16,

99:5, 106:7, 111:15,

142:16, 151:1,

155:15, 156:10,

161:1, 166:1, 171:6,

173:19, 174:3,

177:20, 179:11,

180:15, 184:4,

187:14, 187:15,

187:25, 188:5, 188:9,

188:20, 190:2,

190:20, 190:24,

202:22, 208:2,

215:11, 216:1, 220:16

update [5] - 160:18,

160:22, 161:18,

162:14, 163:2

upkeep [1] - 38:1

upsidedown [2] -

44:21, 45:1

urge [7] - 52:21,

62:10, 119:16,

120:14, 122:21,

152:24, 184:15

urged [6] - 122:7,

128:21, 129:14,

133:3, 206:22, 206:23

useful [1] - 151:16

utility [3] - 37:13,

38:7, 38:22


248

Utility [82] - 16:18,

17:19, 17:23, 18:1,

18:3, 18:5, 18:7,

18:14, 25:9, 25:17,

31:11, 31:13, 31:16,

32:19, 32:25, 33:3,

33:4, 33:15, 33:23,

34:12, 34:22, 35:3,

35:11, 35:15, 36:24,

37:1, 37:22, 38:12,

38:13, 38:14, 38:17,

39:2, 39:7, 39:20,

40:10, 40:17, 40:20,

41:5, 41:7, 41:10,

41:15, 41:25, 42:5,

42:12, 42:13, 42:16,

46:12, 53:5, 64:13,

72:15, 72:20, 74:10,

74:15, 74:17, 74:19,

74:25, 75:15, 75:20,

76:5, 76:9, 76:13,

76:18, 76:22, 77:1,

77:14, 115:16, 116:2,

126:22, 127:7,

128:15, 128:23,

142:24, 158:1,

171:17, 172:16,

172:21, 177:12,

178:9, 179:7, 179:22,

180:13, 209:8

utilize [1] - 86:20

V

vacancies [2] -

113:5, 113:7

vague [5] - 135:24,

136:7, 141:4, 141:6,

181:18

valid [1] - 163:3

valorem [1] - 98:2

value [1] - 14:18

variety [6] - 30:23,

31:4, 35:23, 142:21,

142:22, 161:17

various [3] - 51:14,

62:21, 114:14

vehicle [4] - 165:8,

165:10, 165:11, 168:2

Vehicle [2] - 7:7,

167:6

Vehicles [4] - 165:8,

165:15, 165:19, 166:6

verbatim [1] - 205:7

verbiage [1] - 154:12

verdict [3] - 13:4,

28:8, 32:9

verify [2] - 88:18,

88:19

versus [1] - 8:12

village [1] - 116:10

violating [1] - 26:6

violations [2] -

121:19, 142:21

virtually [1] - 114:25

visible [1] - 65:1

visit [3] - 77:18,

77:23, 77:25

Voir [1] - 3:13

voir [5] - 26:2, 26:25,

70:21, 70:24, 71:3

VOIR [2] - 4:2, 71:6

VOL [5] - 3:3, 4:2,

5:3, 6:3, 7:3

Vol [1] - 3:13

volume [3] - 93:8,

99:10, 222:9

Volume [1] - 3:2

VOLUME [1] - 1:1

VOLUMES [1] - 1:1

voluntary [1] - 68:11

volunteer [1] - 93:22

vote [82] - 16:16,

16:17, 17:14, 17:15,

17:23, 21:5, 23:8,

24:5, 25:14, 25:22,

26:18, 26:23, 27:11,

39:25, 44:4, 44:20,

46:13, 64:9, 64:17,

98:22, 98:23, 102:11,

103:2, 107:11,

114:10, 114:12,

116:20, 117:24,

118:9, 118:12,

119:10, 119:11,

119:12, 121:7, 121:8,

123:14, 123:24,

123:25, 127:7,

127:12, 127:13,

127:20, 127:23,

128:17, 129:23,

129:24, 129:25,

130:21, 130:22,

131:1, 131:2, 131:3,

131:5, 131:18,

131:19, 132:3,

132:19, 132:20,

133:19, 133:25,

134:2, 134:8, 178:9,

182:25, 183:1, 185:4,

186:19, 186:20,

187:20, 190:23,

200:19, 208:11,

210:14, 213:2, 214:1,

214:15, 215:5, 216:1,

216:13

voted [24] - 9:1,

16:17, 16:20, 27:13,

43:22, 45:7, 46:7,

46:8, 46:19, 48:9,

51:2, 51:11, 89:10,

98:10, 111:11,

114:21, 127:11,

127:15, 132:13,

190:23, 213:13,

218:14, 220:13,

220:18

Voter [1] - 5:12

voter [39] - 19:5,

19:8, 19:14, 19:19,

54:7, 55:17, 56:8,

56:25, 69:16, 69:25,

70:11, 81:24, 88:2,

88:7, 88:20, 92:4,

92:5, 106:5, 108:4,

110:12, 113:20,

121:20, 121:23,

122:4, 123:11,

129:17, 129:23,

130:18, 168:21,

180:17, 180:19,

183:3, 183:10,

185:12, 216:18,

220:19, 220:20

Voter's [1] - 54:22

voter's [16] - 56:11,

57:12, 57:24, 58:16,

58:20, 59:12, 70:16,

71:11, 71:12, 71:15,

75:4, 89:8, 105:25,

109:9, 110:13, 198:12

voters [36] - 18:21,

25:22, 44:1, 44:2,

44:22, 44:23, 46:6,

46:19, 48:9, 48:10,

51:18, 53:7, 54:8,

64:8, 64:15, 66:1,

67:17, 72:16, 78:21,

98:7, 98:9, 98:10,

98:16, 99:17, 109:20,

119:10, 119:21,

121:2, 122:2, 124:23,

157:5, 157:11,

187:22, 209:1,

209:10, 209:15

votes [17] - 23:9,

23:11, 24:9, 44:1,

44:7, 44:8, 44:11,

44:12, 44:13, 46:4,

46:5, 46:15, 46:16,

53:7, 183:24, 186:13,

190:22

Voting [2] - 5:7,

122:19

voting [54] - 24:2,

26:8, 28:1, 28:6,

43:20, 43:24, 43:25,

44:5, 44:14, 44:17,

44:18, 46:14, 46:17,

89:19, 99:18, 110:22,

111:2, 112:17,

116:24, 117:7,

118:10, 118:11,

121:12, 121:15,

121:17, 121:19,

126:22, 129:17,

130:15, 131:6,

131:10, 131:11,

134:8, 138:1, 138:5,

143:7, 177:11,

177:15, 179:7,

182:20, 183:13,

183:20, 185:18,

186:5, 199:1, 205:22,

208:13, 214:4, 218:6,

218:7, 218:19,

218:21, 220:5

VS [1] - 1:5

W

waiting [1] - 173:19

Wal [2] - 34:16,

35:22

Wal-Mart [2] - 34:16,

35:22

walk [1] - 181:12

wall [1] - 183:2

wants [2] - 21:8,

22:13

war [1] - 25:6

warning [3] - 25:20,

118:9, 118:11

warranty [2] - 61:23,

69:12

wash [1] - 220:23

watch [1] - 11:24

Watchdog [1] -

219:25

water [11] - 38:9,

38:11, 38:13, 38:19,

38:20, 38:21, 38:24,

39:5

ways [3] - 23:23,

38:18, 97:23

week [3] - 22:13,

78:16, 164:14

weeks [2] - 180:15,

203:7

weight [2] - 14:16,

14:18

welcome [1] - 144:7

west [1] - 164:3

West [8] - 68:8,

75:25, 157:23,

158:19, 163:22,

163:23, 165:25,

167:21

whatsoever [1] -

108:22

WHITE [182] - 9:8,

9:20, 16:8, 17:6,

17:11, 20:21, 21:5,

21:12, 22:2, 22:25,

23:2, 23:7, 27:3, 27:5,

28:14, 30:5, 32:1,

32:4, 32:18, 33:13,

33:20, 40:8, 40:14,

42:15, 42:23, 43:10,

43:15, 47:6, 47:10,

47:19, 47:23, 49:1,

52:9, 53:2, 53:3, 53:9,

53:13, 54:10, 54:15,

60:20, 61:6, 61:16,

62:1, 62:16, 63:6,

63:16, 63:20, 63:24,

64:6, 65:4, 65:25,

66:20, 66:24, 67:1,

67:6, 67:13, 67:16,

67:21, 68:2, 70:6,

71:24, 72:3, 72:8,

72:24, 73:5, 73:7,

73:11, 73:16, 73:21,

73:23, 73:25, 74:9,

75:8, 77:6, 77:8, 79:8,

81:15, 81:20, 84:5,

87:2, 87:10, 88:1,

88:8, 88:15, 89:16,

92:3, 93:25, 94:3,

94:13, 94:16, 96:6,

99:2, 99:4, 99:16,

99:24, 117:19,

117:22, 118:18,

118:25, 119:4,

123:16, 124:8,

124:16, 124:22,

125:2, 125:7, 125:11,

125:21, 126:15,

128:8, 130:1, 132:6,

132:11, 136:1,

137:13, 137:16,

138:21, 139:10,

139:17, 139:22,

140:5, 140:15,

140:23, 141:9,

141:21, 142:1, 142:8,

145:9, 145:16, 151:3,

151:10, 151:18,

152:16, 152:19,

153:2, 154:18, 155:1,

157:10, 157:18,

161:4, 161:7, 161:9,

162:23, 165:17,

165:20, 166:5,

166:13, 168:4,

169:13, 170:3,

170:10, 173:6,

173:10, 173:12,

174:14, 174:22,

175:8, 175:14,

175:16, 175:23,

176:10, 176:19,

177:10, 178:2, 178:8,

178:20, 179:6,

182:12, 184:3, 185:3,

190:1, 190:5, 199:3,

199:24, 200:2, 202:7,

202:9, 204:13, 206:8,

218:10, 221:7, 221:10

White [1] - 2:3

white [2] - 62:16,

63:17

White.......... [1] -

3:10


249

whole [8] - 87:8,

98:20, 121:16,

149:13, 182:15,

193:12, 202:21, 205:7

Wide [5] - 6:18,

154:13, 154:15,

154:20, 155:17

wife [16] - 68:1,

68:18, 69:13, 83:12,

83:19, 84:24, 91:15,

91:19, 92:2, 184:1,

185:3, 188:17, 197:8,

197:12, 197:13,

201:10

will.. [1] - 89:17

William [5] - 68:24,

68:25, 145:4, 160:4,

165:24

willy [1] - 27:10

willy-nilly [1] - 27:10

winding [1] - 105:9

wing [1] - 197:18

Winton [3] - 33:1,

43:5, 44:8

wish [2] - 12:3, 17:4

wit [1] - 16:17

withdrawn [3] - 7:25,

13:25, 87:19

WITNESS [10] - 29:8,

52:17, 67:24, 74:3,

93:24, 123:18,

126:10, 142:3, 170:5,

222:18

witness [40] - 10:1,

13:7, 13:12, 13:13,

14:22, 15:1, 15:10,

28:13, 29:19, 53:1,

66:21, 66:23, 67:13,

71:1, 74:1, 86:8,

92:16, 96:6, 96:24,

99:7, 102:18, 119:4,

124:25, 125:20,

125:23, 126:11,

130:1, 132:9, 138:13,

138:15, 140:23,

141:25, 168:4, 170:2,

199:3, 199:19,

204:11, 206:8,

218:11, 221:8

witnessed [1] -

197:17

WITNESSES [1] -

3:12

witnesses [24] -

12:21, 13:6, 14:16,

14:17, 14:19, 14:24,

15:9, 15:10, 15:12,

15:20, 15:21, 23:23,

27:8, 27:12, 28:18,

28:20, 29:1, 29:11,

29:12, 29:15, 29:22,

125:24, 140:2

women [1] - 201:8

wondering [1] -

91:22

woodlands [1] -

74:20

Woodlands [102] -

16:18, 17:19, 18:10,

18:11, 18:17, 30:11,

30:19, 30:24, 30:25,

31:7, 31:8, 31:11,

31:12, 31:16, 33:4,

33:6, 33:9, 33:12,

33:15, 33:22, 34:4,

34:5, 34:8, 34:9,

34:12, 34:13, 34:16,

35:1, 35:4, 35:7, 35:8,

37:13, 37:16, 37:19,

37:22, 38:1, 38:6,

38:10, 40:9, 40:19,

41:1, 41:7, 42:5, 45:4,

47:13, 53:4, 55:3,

55:7, 56:4, 56:15,

57:18, 58:5, 62:20,

68:18, 72:14, 74:18,

74:19, 74:21, 75:14,

75:25, 76:3, 76:4,

76:13, 76:21, 77:12,

78:1, 97:12, 105:2,

111:8, 114:25, 116:1,

116:17, 126:22,

127:8, 128:15,

128:23, 142:24,

143:23, 155:19,

156:1, 156:18,

157:23, 158:12,

158:19, 159:1, 159:8,

159:9, 159:15, 160:6,

171:16, 172:8,

172:16, 172:20,

179:22, 183:5, 201:9

Woodloch [2] -

97:12, 97:15

word [5] - 187:4,

190:13, 200:17,

203:25, 207:1

wording [2] - 106:23,

194:3

words [8] - 19:11,

47:25, 105:20,

120:17, 130:18,

131:24, 187:9, 220:20

wore [1] - 162:18

works [1] - 36:25

world [2] - 155:17,

178:1

World [4] - 6:18,

154:13, 154:15,

154:20

worried [2] - 206:12,

210:7

worries [1] - 211:18

worry [1] - 212:25

wrap [1] - 94:1

write [2] - 130:25,


250151:4

writing [4] - 129:22,

135:6, 184:22, 222:8

wronged [1] - 209:17

wrongs [2] - 100:7,

100:9

wrote [4] - 120:4,

131:8, 140:6, 183:4

WRUD [5] - 5:4, 5:5,

5:6, 5:8, 6:14

Y

y'all [1] - 8:3

year [12] - 49:4, 56:5,

150:25, 153:22,

153:23, 155:14,

156:17, 159:18,

159:24, 171:23,

171:25, 172:3

yearly [1] - 155:6

years [24] - 30:21,

30:24, 37:4, 37:5,

86:4, 86:6, 89:21,

97:5, 119:24, 133:6,

133:7, 142:17,

142:20, 144:15,

157:1, 161:22, 162:8,

170:15, 170:24,

170:25, 171:1, 172:5,

172:6

yellow [1] - 193:20

yes/no [1] - 213:10

yesterday [4] -

17:13, 26:2, 93:16,

119:2

you-all [1] - 10:23

younger [1] - 194:14

yourself [11] - 30:8,

126:18, 142:9,

168:12, 170:13,

193:15, 193:18,

203:17, 210:2, 214:1,

217:6

Z

zero [1] - 153:23

zoom [7] - 45:2,

46:10, 55:14, 56:7,

82:25, 83:20, 202:21

jenkins trial testimony of phil grant

Documents

deed records richardmcduffee

deed records roberta

deed records james jenkins

deed records peter goeddertz

deed records peter allison

deed records adrian

deed records bill berntsen

deed records tom curry