CR12-1262-3059269 Transcript From Criminal Trespass Trial Testimony of Richard Hill and His Associate Before RMC Judge William Gardner

7/28/2019 CR12-1262-3059269 Transcript From Criminal Trespass Trial Testimony of Richard Hill and His Associate Before RM

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E SECOD JDICIA DISRC CORO E SAE O EVADA CO O WASO

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CASE O: CR 26405

DEPT O:

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6 REO JSTCE CORT

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A OR WASOE COTY STATE O EVADA

BEORE T HOORABLE WLLA GRDER

CTY O REO Plainti

3 ZACHARY COGL

Dndan

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RAL

JE 18

Tanscp o Pocding

ORIGINAL


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3

AARANCS

FOR TE AITIFF . . . . . . . . Chistoph alttStvns, EsDeputy Cty AttoyRn City AtoyOn E Fist Stt 3 Floo

Rno

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

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RSCRIIO a Longoni

ocdings codd by digital sound codng tanscipt poducd by

ctd tansciptionist12

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WIESSES:

Richard Hill

Cas Bakr

EXHBS

Paitis Exhibits

Exhibit Evictio adDcisio Ordr

Exhibit Fidigs o actCoclusios o Law

Exhibit 3 otic o EtofOdr

INDX

Dict

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ad

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Coss Rdict Rcross

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XAMNAON

CARSON CY NVADA AUGUS

0 (Cur in in at :: p.m)

E CO: Good aoo ladis ad gl

8 AZLE SEVES: Good oig You oo.9 E COR M Coughli good oig.

0 COGLI Good oig You oo.

E COR: av a sa gl

2 AZLESEVES You oo o th cod I' ll

3 us go ahad ad aouc his is Cit vsus Zach Coughli

1 1 2640

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

6 his cas pusua o ou las haig o his.

7 h Ci is ad o pocd o ial s chagd wih

8 tspass Judg.

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

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

2 2012 M. Coughli ld a oio ld actuall o h cod a

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

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

24 Mal ah Cout

W ou svd a cop otha M zlttSvs?

Pge 4


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

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

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

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

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

st tim

h tial was thn st o Januay 30 2012 On Janua 3

9 2012 a otion to Continu was ld by M Punts you attoy at th

tim. h City Attoy did not objct. On Januay 1 8 I wll pio to that bfo th uling on that

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

3 attoy

1 On Fbuay 2 201 2 schduld a (inaudibl) haing on

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

6 appointd

On Fbay 3 202 you d M Coughin a otion to

1 Vacat a otion fo Rconsidation fo Rcusal

9 On Fbuay 22 202 an Opposition to th otion was ld

2 by th City Attoy

ial thn at that point was ultimatly st fo Apil 0

22 2012 On ach 5 201 2, Coughlin you ld a motion actuay

23 captiond in th Distict Cout but it mad itslf it did mak itsf2 appopiat to ou l

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

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

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

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

4 2012, I ntr a con orr nying your Motion to Dimi that wa

l on arch 5 201

6 An thn on April l, 012 I upn th procing

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

thn at that tim, atyour rut, M Loomi wa ri a your attoy

9 On April 6, 2012 in Ditrict Court, Jug Elliot oun you

comptnt to tan trial On ay 9, 012, Jug Elliot ign an Orr ning you

comptnt an rman whatr ca wa pning in th Jutic Cour

3 back to th Jutic Court, an thn I rt tria or Jun 1 8, 2012, toay'

4 at

On ay 01, Jug Srraza aign that ca in th

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

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

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

9 Jutic Court

Thn on Jun 5 you l th motion wr taking about

now incluing th otion to Continu

So thi ca ha bn now continu twic Th procing

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

24 Motion l by th City, motion l by th Dnant

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

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

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

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

because-

HAZLETTSTEVENS: I'm happy respnd whaever

mn bu I was n served wh .

THE COURT: Fr he recrd Mr HazeSevens wha s he

Cy' psn n he Mn Cnnue HAZLETTSTEVENS Judge he Cy ppses he Mn

Cnnue Ths case s geng prey d nw Were geng - 1 13 s

he fense dae and hnk s prper acuay pceed al day

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

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

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

I hnk we shuld mve n and clse hs case up whaever way ges

THE COURT Okay and M. Cughln brey wuld yu lke

respnd he Cys ppsn yu Mn Cnnue And I d

mean be

COUGHLIN Yes Yur Hnr.

THE CORT I've read all yur brefs I've read evehng

and Ive revewed he e a gea engh s jus need knw wha yu'dlke say abu he Mn Cnnue

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COHLN: I dn knw f can (naudble e Sxh

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

3 tme t prepare but f! can d that.

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

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

s dened. We are gng t have the ral tday

That leaves us wth the secnd ssue rased yur Mn t

9 Dsmss Mr Cughn

Essentay as read the Mn the allegan prmarly s that the Cmplan faled t esabsh prbable cause that there was a

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

dsmssed

4 Is ha substance crrect?

COUHLIN: Yur Hnr yu sad there was n wang

6 gven?

THE COURT: N 'm readng yur language frm yur ega

argument ha says A) that page tw f yur Mtn t Dsmss tha the

9 Cmpant fals t establsh prbabe cause because t as aege that

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

n t d s and/r that Cughn dd nt have a rght be here That's the

22 bass fr the Mtn Dsmss?

M COUHLN: Yes4 THE ORT: azletStevens?

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HAETTSTEENS: udge I dd nt receve a cpy

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

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

4 Curt entered an Order in regard t a prir Mtn t Dismiss the Crmina Cmplaint previusly

6 This issue has already been heard and decded n by Yur

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

21 202 Order.

9 Yu w recal that the Ci wasn't served prperly with that

0 ne ether, and there was an issue I ppse I mve t stike the Mtin t Dismiss in that case.

2 Yu sad ntwithstanding the serice issue yu wud reach

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

4 sucency the Criminal Cmpaint.

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

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

THE COT Alright M Cughlin yur respnse t that? I

S mean I've given yu a cupe reaks because ntwithstanding aegatins

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

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

1 tday given the allegatin the Ci wasnt sered with this Mtn What s

22 yur respnse t Mr HazlettStevens' argument that the case shud nt be

23 dsmissed? Agai we can make ths brie because I've revewed in detail al the peadings yu've ed n ths Cur bth ths mng and ast Friday s

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COUGHLIN Yes, sr, Yur Hnr r HazletStevens s

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

3 smewhat m my recllectn althu admttedly wshed 'd revewed

4 that Ode a ltle mre clearly ut t seems t me that yu perhas dd nt get t the merts

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

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

8 t ant myself as ccunsel and then present a tn t Dsmss

9 S dn't knw f that s law f the case, r smethng n that

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

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

3 yur Order seemed t nd t smewhat frvlus

4 THE COURT S whenever enter an Order all the lawyers

knw Whenever enter smethng half the partes nvlved are n

6 dsagreement r are unhappy r dscntented wth my Order

S, mvng that asde - mvng that asde 've entered the

8 Orders The bass f the tn - f my rder denyng the tn was that

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

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

2 tme make a lng. That's e crss bear yu have as a Judge 've

gtten used t that.

2 The tn t Dsmss n ths case s gng t be dened24 because ths s an allegatn that ultmately ges t the ultmate ssue f fact

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

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

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

3 o the oton to Dismiss n s dened The otion to

4 uppess wht is t M ouhn tht oue desn to suppess? I ed

5 t and oudnt e ue tht out ddn't see an evidene tht ws

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

otion to uppess bie?

OUGHLIN Yes si You Hono I beeve dependin upon

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

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

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

one othese onstitution ones but to the extent hes somewht tin

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

4 I tent sti hs e it to be somewhee the andod

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

6 some poe oes

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

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

9 it sttements b ou tht wee obtined in voton ofou Fih

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

evdene in ths se tht we'e ookin to suppess

2 OGHIN The ente poe epot. An knowede

23 om ben thee An testmon tht . H o n othe peipient witnesses miht wsh to pe

S THE OURT Ok tht motion s oin to be -

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HAZLTTTEVEN Jud would lik to put on th

2 cod -

THE OT: Go ahad3

4 HAZLETTTEVN m objction bcaus d lik to mak an o of poof fo th objction cas of appal

6 Ill dawYou Hono's atntiontoth State /Nevada v. Bill

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

pson who is victd fom a popt no lon has an xpctation of

9 pivac." Th is no outh Amndmnt iht anmo whn somon

nts a popt a viction It sas "Th Statcontndsthat h sach spondntno

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

3 Th tat maintains that spondnts subsqun nt was a spass

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

asonabl xpctation of pivac. Th out said w a

6 Th is no xpctation ofpivac I hadl vn think h has

standin to bin th issu tainl th is no Fouth Amndmnt

violation h You Hono

9 THE OT: Im not sin an vidnc and indd und

2 United States v Cr th is no a suppssion of a ciminaldfndant in

2 a cimina cas

22 o th otion to uppss is dnid

23 Th tansf to ntal Hath out ouhlin do ou24 want to addss that? I think wv alad on down th oad - ouv

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

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

i or pretrl moion?

3 . OUGIN Perhps Yor Honor Ive emped o ess

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

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

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

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

8 on s hs de proess probem o some sor o onr lw

9 THE OT Ok how does th rele o he enl Heh

ort? Heres where Im oin with his We lon the st herin we disssed he isse of

nsfer to enl Helth ort whih notwithsndin he i Attoes

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

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

enerin lookin ino ht.

6 Ihvehe disretion o trnsfer ses o enlHeth ort

rnsfer oriinl jridiion with he permission of the Disi or de

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

9 or se nmber M003 de Breen on rnsfeed he

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

ort it wod not pper o be in he ineres of nbod this poin in

ime o del he proeedins her b trnfein the se o he enl

3 Helth or.

24 Yove hd ht oppornit o e over there one I wod

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

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

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

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

4 inally, alhogh the

5 CGHLN Yor Honor, qickly

6 CR Go ahea

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

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

9 the tes of it an ecie

1 CR Yeah, I ont know exactly what happene, Mr. 1 Coghlin appreciate that. I'm reaing from Jge Breen' s rer that

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

1 3 be rete to the Reno Jstice Cor for al tre proceeings

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

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

16 not elay these proceeings by sening the case over there

1 7 Finally,that eaves the isse ofrecsa Yohave while not

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

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

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

1 even (inaible) prevents me from hearing this case an being a fair,

etache observer to the facts oflaw so that will be enie.

3 CUGHLN Yor Honor, if! col qickly enter an objection4 for the recor on that

5 CR Go ahea

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1 CUGHLIN: And st o peface ta by saying eveybody

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

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

4 in tat egad

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

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

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

8 spee I don know if tats a mandato ecsal b I did le a mandaoy

9 abeas acion against yo sise e Honoable Jdge Linda Gadne in

Family Cot in 009 I was ed fom my ob as a domestic violence1 atoey om Wasoe Lega Sevices and I was tod was ed becase of

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

13 only eason I was ed accoding to Wasoe Lega Sevces

4 did le a Mandams Peiion I was pey mc a tee

1 5 dge pane and te Speme Cot fet wasnt woy of I gess moe

16 eview o eqiing a esponse

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

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

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

Bt ta ode fom 009 sanctioned me eqiing me to pay

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

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

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

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

5 now a ievance

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1 HAZLESEVENS: he City cas Richar Hill to the

stan.

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

4 to inteect this now or not bt believe i sbpoena some witnesses

5 who appear (inaibe

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

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

8 Hill goo moing

9 HLL Goo moing sir.

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

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

1 p in the e corse an prsant to protocol at trial

1 So et's swear in M Hi.

4 (Witness y swo

1 5 HE CR Have a seat Hi Mr Hazle-Stevens go

1 6 ahea

1 HAZLESEVENS hank yo Yor Honor

8

19 calle as a witness having been ly swo

testie as follows

1 DREC EXAMNA N

BY MR HAZLE-SEVENS

3 Q Goo moing can yo plee state yor name an4 spel yor last for the recor?

5

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HE CR: Yo know Hazlett-Stevens an Mr let

2 me make one last comment for the recor

HAZLESEVENS: lease3

4 HE CR know ha Mr Coghlin s an aoey

5 Noneheess hes represenng hmse

6 Coghin et me tell yo what know abot this case to

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

8 1 3, 20 1 1 in theCiof Reno, at 1 2 1 RiverRock Street, he Defenant was

fon on the property aer beng evicte on November 1s 201 1

he only other nformaton know abot the case s that the whaeve was raise n the pleangs e both by yo an Hazle-

1 2 Stevens

1 3 So wh that n mn go ea Hazlett-Stevens

4 MR HAZLE-SEVENS

BY HAZLE-SEVENS:

hank yo

6 Q hank yo Can yo please state yor name an spell

7 yor las for he recor?

1 8 A Rchar H HIL-L

1 Q Goo H Im going to ask yo

2 MR CGHLN m so on mean o nerrpt yo M

2 1 HazleStevens f! co s qckly nterect Yor Honor given what

22 yo st sa to any extent m reqire o broach he topc of any

23 iscssons yove ha wth Jge Nash Holmes wh respect to these

24 maters or

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

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

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

4 for toay

5 COGHLN Or any other maers relate to Rchar Hll?

COR: Or any other maers Weve neve scsse

7 any matters relate to Rchar Hll at all

8 COGHLN Okay, an when yo sa yo an yor sster ha

never scsse anythng abot me?

HE COR: Not relate to ths case1 . COGHLN believe earler yo st sai yo never

1 scsse anythng abot me at all

3 HLE-SEVENS: Jge, yove alreay re on

4 ths. m gong to ask that yo

1 5 HE COR We have rle Let me tell yo let me tell yo

what ve scsse We have scsse have not iscsse wh Jge

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

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

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

2 rther revew

2 1 o the extent that Jge Holmes has ha a case n her

22 epartment as has Jge Howar an has mysef, we have ha scssons

23 general scssions relate to the State Bar matter

24 As reate to my conversatons wth eher my sster whch

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

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

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

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

4 thght t s there' s been n discssins.

5 CGH And wth he State Ba knw eaer

6 HE C: have had n cnversatins with the State Bar

7 CGHLN: kay at r ast hearing thgh y made a

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

me a

1 HE CR: was advised by Jdge Hlmes that the prcess 1 invlving y and the State Bar was in the prcess where they were ging t

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

1 3 sbstances f thse cnversatins bt nne were related t this case and

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

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

6 they even knw wh the witnesses were qite ankly.

1 7 CGHL kay.

8 CR: kay thank y.

CUGH hank y Yr Hnr.

0 HE CR kay e's g ahea and prceed.

2 1 BY LE-SEVENS:

22 Q Thank y. Hill mging task ytmakesre

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

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

25 gd recrding f this.

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Hill what yr ccati r rfei?

A I am a attey ractic Re evada.

2

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

4 i Re?

5 A Real eae cc ue la

6 add/teat elder aw.

7 Q Okay a a attey hw l have ee lceed y

8 the way t ractce law here evada?

A year

1 0 Q A a attey did y have ay relat t the addre f iver Rck Street that Re evada 0?

1 2 A Ye r

Hw dd y et aciated with that lace?1 3

4

Q

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

1 5 erli I eleve he i a reidet f Chc Calfa.

1 6 He exaed t me that he had a teat wth whm he wa

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

8 hm

1 Q

2 eecae ha?

2 1

22

A

Q

Ad dd y eter t a areemet i rder t

Ye we did.

Ad dd art f that areemet etail y itiat

23 evcti rceed aat the ccier f Rver Rck Street?24

2

A

Q

Ye t dd

I Rver Rck the Cy Re?

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A Ye ir it i

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

the ime y tarted the evicti rceed?3

4 A Well Dr erli ideied the idividal a .

5

6

Chli ad irmed me that he wa a layer.

Q Okay.

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

i back ad frh betwee them ad hed had eh8

9 Q Ad wa ar f the bai fr tha evcti failre t ay

10 ret?1 A I wa ifrmed that M Ch had t aid ret at

2 tha t fr me r 5 mth

13 Q Okay.

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

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

16 we ater crmed he ile f car tre dead tere eqime

17 dead TV tide

8 Ad the tha what we iadible)

19 Q w y eered t a atey/cliet relath

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

21 A Ye ir.

22 Q Ad dd y acally iitate the evici rceedi

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

24 A aied that t my aciae aker

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Q Okay ad wld he hae the athry he t iitiate

eicti rceed aait the ccier f ier ck?

A Autey

. HALETSEVES de that the ly qe I

hae f Hill at th tme uject t ecall f ce

THE COUT Alriht r. Cuhli cexamiati?

COUG Ye ir Yur Hr.

CROSSXAMNAON

BY MR COUGHLN:

QGd m r Hill. S yr cliet hw may

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

HALETTSTEVES Oject that exceed the ce

f cr r direct ad it ieleat.

THE COU What releace wld . Hill fee

5 arraemet wth hi cet hae t Hill diect tetmy tday

16 Cuhli at i the exu here that make it reeat?

17 M. COUGHLIN: I believe it may ta mtive aalyi wherei

8 ifa exritat amt f fee ha ee r u r icurred eed t e

19 eeted a

20 THE COUT at mt i r. HalettStee jecti

21 taied. dt md ay releace t Hill acial arraemet

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

23

24

25

eleat

S e me Im i t tai the jecti.

ag 2


27/158

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

2 were brough up and an arrangemen was

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

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

I'm no going o allow ha type of quesioning

7 Go ahead wih a new quesion

8 M COUGHLIN Yes, sir, Your Honor

9 BY MR COUGI:

10 Q Mr. Hill,youjus esifed tha his clien, Dr Merliss, conaced you in Augus?

2 A Tha's wha I esied, sir.

3 Q f. Okay, and you esied ha a tha ime, i

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

5 months?

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

17

18

19

2

2

22

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

subsanial.

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

gure of 4 or 5 monhs in your earlier esimony?

A

Q

My bes ecolecion oday, sir.

Okay, so if i was if in Augus, you say ren hadn'

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

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

25 would be?

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2

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A

Q

A

Q

I hnk your mah coec, r.

Okay, and wha are you baing ha on?

Mah? Of wha you

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

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

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

7 peron (naudible).

8 M HAZLESEVENS: Objecion, argumenaive

9 Obecon argumenaive

10 HE COR: I hink he ueion ha can be aked and hink1 you - frame i, you ak H, and hen you begn o go on wih a

12 compound ueon wheher - wha informaion did he bae hi eimony

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

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

15 compound ueion and agumenave ueion, which Im no going o

6 aow.

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

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

9 M COUGIN Ye, ir, Your Honor

2 BY COGN

2 Q Hill, if you would pleae do ha, I gue, o

22 mp he compound ueon

23 Wha aemen or informaion lead you o believe ha ren

24 hadn been paid for ve monh a of Augu?

25

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A Frt f all my cverat wth my clet were

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

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

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

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

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

that gure? Why t e r tw mth?

HAZLETTSTEVENS Judge, he already teted that

that prtected by the attey/clet prvlege

COGHLN Ad beleve t wa waved t the extet heutlzed ad leveraged t earler

THE CORT Well, why dt yu refra yur uet ad

reak the uet, r Cughl? G ahead

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

CORT Well, m gg t uta the bject why

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

awer ad the repe (naudble), g ead

BY COGHLN

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

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

Q

A

Q

Baed what?

Baed my bet recllect . Cughl

Ad wuld that - peccally, what de that

24 recect clude? methg yu heard the phe? Wa t

2 wrtg? Smethg

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A I onien wi he o h youve od

ubequenly bou young ldy king off wih uppoedly king off

wih ren money

Q Oky bu erlier you weren lking bou wh I old

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

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

ying 4 or monh

So, now youre bing your reolleion upon omehing?

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

wh our lien old you?A Mr. Coughlin ll I n do i give you my be

reolleion Th reolleion h been reinfored by hing h you hve

id nd done ubeuenly

Q Oky bu erlier you eied your reolleion

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

6 lien old you?

17 A I hink you

Wh you remember bou h8

9

20

Q

A

Q

Im orry ir. I hink your emen i inorre

Well i my undernding h erlier you eied

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

22 nd h hoe reolleion were bed upon your onverion wih your

23 lien.

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

2 I hink we n ep h f o le move on

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31/158

1 BY . COUGHLN

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

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

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

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

did you come up with that gue?6

HAZLETTSTEVENS Judge, hes aleady testied hat' s

8 his best ecollection as to what he discussed with his client Thats the issue

9 hat's aleady been submitted as fact Judge

1 THE COURT Im going to oveule the obection. Hill, to1 the etent possible why dont you answe the question. hat was the basis

12 that the 4 to months came into play wihout compomising you

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

4 HLL y best ecoection is between what the cient

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

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

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

8 why he ent shouldnt be paid

HE COUR Okay,hank you, Hill Okay M Coulin

20 BY COUGHLN

21 Q So ealie you testimony was that it had been 4 o

22 months since any ent had been paid?

I beieve that's what I said, si.23

24

A

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

2 ay was the ast time

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t time me.

2

A

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

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

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

5 HAZESEVENS Judge, I'm going to oect to ti

6 i i etying ce ' ledy een tied

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

8 et ecollection to ow muc, o te i fo te eviction. He d

9 utoity t tt poin t' ll t w fo. It' no te tt of e mtte

10 eted, te tep, nd Id ike o move on, o uetioning, Judge1 HE COUR Couglin?

12 COUGHI YourHonor, I'm not offering itfortheruh of

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

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

15 ut pining tem nonetele.

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

17 eceived infomtion, elevn infomion, tt Hi

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

19 5 month, nd it d come fom infomtion povided y i client fom you,

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

2 BY COUGHIN

22 Q Okay, and yousaid ha any renthad been paid before?

23 HAZESEVENS: Judge, oection. He' edy24 etied to i, d ti i the me line of ueioning.

25

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

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

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

4 Go ahead M Coughn

5 BY COGIN

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

7 a paial en had been paid fo May?

8 A M Coughin, i eay didn mae Ren was moe

an a doa and moe han a day lae.

COGHLIN: Obecon You Hono1 THE COURT You've asked he quesn Youve asked he

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

3 H.

THE TNE Coulin i didn mae The en was

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

6 Nevada law o move o emnae he enancy

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

18 ime

1 . COGHLN Obecon You Hono Hes oeing a ega

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

2 o make i

T COURT: You asked he quesion I hea he quesion Im

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

2 any, legal merit tohetrespassingcase.

5

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

yoe qesioning o cossexminion oviosy cn e diecy eted

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

et del ofleewy on cossexmintion

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

6 hee, so go hed

7 MR COUGHLIN Oky, yes, si, Yo Hono

8 BY COUGHLIN

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

cient hd told yo tht he tennt ws hode in Agst when he hied1 yo?

I elieve tht topic ws discssed1

13

A

Q Cn yo povide some moe ckgond on tht?

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

dignosis ws poeed?

16 A M Coghin Ive ledy told yo I've ledy

17 nsweed he qestion

18 COGHLIN Oecion, Yo Hono. Nonesponsive

9 TH COURT . Hill, Coghlin hs sked yo qestion.

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

cossexm on wht infomion yove eceived to he conclsion th he

ws hode (indile) nswe tht qestion.

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

tht M Coghin ws hode

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subsequently conrmed that with visual obseration ae he

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

occupying (inaudbe boh talkng

COUGHL: Your Honor obection. onresponsive aked you what his cient told him at that time not what he found out later

on.

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

asked the question. ve asked Hill to answe it now hes answered it

So go ahead Hill.

THE WTESS t was a six foot fence. COUG: He's not answering it Your Honor.

THE COURT: Coughlin 've asked h to answer the

question. Let him nish You asked the question.

COUGH Yes si

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

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

the size that ve aleady indicated to the Cour.

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

steeo equipment dead speakers dead big screen TVs

COUGHL Obection Your Honor asked about August

THE WTESS: Trash.

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

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

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

P 33


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

um it up.

3 WESS hat compete my anwe.

HE COUR Okay, here an anwer to the uetion.

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

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

innuendo -7

8 M HAZESEVENS Judge, objecion. f it not

relevant, et move off hat line of ueioning.

HE COUR Coughln, let ay focued You aked a ueion. He anwered it . et move on to our net uetion

M COUGN He talk about nding crack pipe and -

3 M HAZLESEVENS Objecton, objecton

(naudible all talking at once)

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

16 net ueion. Go ahead and ak the ne ueion.

7 BY M COUGHN

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

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

dont try o go off on one of you tangent.

HE COUR Mr. Coughlin let me tell you omehing ight

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

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

HalettSteven.

5

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6

8

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0

You hav a righ o ask qusions on crossxaminaion. Go

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

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

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

So go ahad

COUGHIN Ys, sir, Your Honor

BY R COUGHIN

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

orsch hoardr

HAZESEVENS Judg objcion. hr is no basis for ha qusion s irrlvan o his procding, and is spculaiv

COUR Thatobjection issustained. It's irrelevant

3 R COUGHIN don - h subjc of hoarding go inroducd

4 somhow on dirc

5 COUR Is irrlvan Mr Hi was askd a qusion

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

now I hink a qusion rgarding somons auomobils and hoading is

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

9 COUGHN Ys, sir, Your Honor

0 BY R COUGHN:

Q So spcically hough, jus as of Augus, as you

sid arlir, wha had your clin or anyon old you ha lad you o

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

4 discussions abou a possibl hoarding diagnosis

5

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1 M HAZLETTSTEENS Judge, I m still going to oject

Its irrelevant at this point

3 THE CORT Go ahead, I'm going to ovele that objection

4 M Hill can answer that limited question As o August, what inomation

did you have, M Hill? I thin you can answer that Maybe you can

6 THE WTNESS Ill ty, sir

7 T COURT Okay

8 WITNESS: That was generally pa othe assignment that

9 was part o the backgroud inomation that the client had given me to try to

inorm me as to what he had been dealing with 1 BY COUGHLIN

1 Q And what - so you ciet, he aested to having some

13 percipient recollection o the inoration that lead him to that diagnosis?

14

1

6

7

19

1

3

M HAZLETTSTEENS Judge now were getting into

hearsay, speculation, and all sorts o objectio material

THE COURT Mr Coughlin?

M. COUGHLIN I oer it or the truh o the matter asserted

HE COR How is relevant?

MR COUGHLIN Well, it goes to r Hills -

THE CORT Let me just - were geting o on a issue

regarding hoarding It has come up on direct It has been explored on cross,

and the Cour, quite ankly, ds any rhe reerences to hoarding

maginally, i not totally irrelevant, to this case.

M. COUGHLIN I aee Your Hono. But yet on diect -

THE CORT Let s move on

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

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

3 Hi s pracice and ha he does is irreevan

4 COURT Okay, nex uesion Mr Coughlin

5 BY M COUGHN:

6 Q . Hill are you biing your cien or being here

oday?

8 M HAZETTSTEVENS: Judge objecion. s irreevan.

9 THE COURT Mr Coughlin ho is ha relevan Ho is i

0 relevan o he respassing case hich is he nexus?11 M COUGN seems inimaely inerined.

1 T COURT Okay, go ahead and anser he uesion

3 Hi.

THE WESS

THE COURT

No.

Thank you heres he anser

15

16

7

18

THE WESS no charging Dr. Meriss or my ime here

oday.

THE COURT Thank you okay.

9 M COUGHLN Yes sir Your Honor.

20 BY M COUGHLN

Q Did you ever have any conversaion ih your clien

abou heher his as a commercial enan ha he as seeking o evic?

3

4

5

A don reca ha conversaion.

Pag 3-


40/158

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

2 prohiition ginst using (inudile eviction proceedings ginst

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

M HAZLETTSTEVENS Judge, m going to oject s tht

clls for legl conclusion for this iess

6 THE COURT: Well, I dont knowhowit's relevnt iswht I m

7 - I understnd ht youre sying, HlettStevens

8 o is the issue of hether someone is commercil client,

9 or commercil tennt rther, relevnt to this cse, Coughlin

MR. COUGHLN Well, Your Honor, hink it s possile tht even1 ifthe Cit ere le to estlish tht the eviction order s ppropritely

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

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

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

(inudile) eviction proceedings to evict commercil tennts.

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

17 Despite ht ill might e sing here, hen it cme time to put it on

18 pper nd fce Rule , nd put it to the Cour, Mr. Hill nd Bker

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

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

2 rmle on, Coughlin.

Specicll, my question s ho is the question s to

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

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

2 egin to get detched om the issue here.

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1 M. COUGHLIN: I undestand Your Honor Thats whats so

nteresting about ths case, You Hono.

THE COURT just want ou to tell me how its relevant.3

4

5

M COUGHLN: I am Your Hono

HE CT

6 reevant.

. Coughn, us w you o e me how s

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

8 espass nexus hee. ts elevant n that if the civ evicton order lacks a

9 bass, a juisdctona basis for it to be odeed, it s what, unde (b, void.

Therefore to the extent the Cty s trying to say a waing dd exst n that a1 notce was posted or it was personally served f its void, thats a legal

mpossibility.

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

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

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

16 uestions

17 m trying to give Coughlin a great deal of leewa hee on

18 cossexamination, in the spirit of getting all the evdence for the Cour.

19 So go ahead, r Coughlin

2 BY M. CUHN

1 Q You said you spoke wthyour client n August and were

22 aware that the tenant was an atoe?

Yes.23

4

A

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

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

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A he residetial ease did ot rohibit it We did come

2 to uderstad tat you didt have a busiess licese, so we didt feel that

3 you were lawlly coductig a busiess i emises

4 Havig reviewed virtuay everig that you have ed i

that case . oughli its my uderstadig

6 OUGHN 'm goig to ask you ot to go o hee.

7 THE WTNESS That you did ot raise

8 OUGHN: Just aswer my questio si

9 HE-STEVENS would ike him to aswe

would like him to Judge. would like the attoey ot to iterrut theaswe to the questio.1

2 THE OUR: oughi you ask these questios of a

3 witess whee they are oeed eded questios hey ae ot

4 OUGHN: ts ot a blak check

HE OURT iste, liste We you e askig oe eded

6 questios ad you are ot utiizig leadig questios o cosseamiatio

17 the witess is etitled to aswe those questios, ad youe goig to be

18 stuck with the aswer ad thik you uderstad that

19 So r Hill, go aead ad biey sh u what you wee

2 sayig

2 THE WESS: Thak you, si

22 . oughli, you aised you did ot assert that agumet i

23 the Justice ourt ou have aeaed the case to the Dsct our, ad e

24 aeal has bee decided advesely to you

2 That case is ove, you're boud ts doe

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

2 questio

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

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

ot itedig to do.

6 BY M COUGHLIN

7 Q Hi, ou just testied that i August our ciet

8 ad ou had a discussio as to whether or ot the ease aowed fo a

9 coerca use, is that corect?

10 A Coughi I eca exag the docuet aost1 edate Whethe I had a dscussio or ot with ciet or ot, I

12 dot eca.

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

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

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

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

17 ascetaied that ou did ot hae a busess icese.

18 Q Oka whe ou eteed the propert i Noeber

9 M HAZLETT-STEVENS Judge, that questo exceeds the

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

2 propert i Noeber. hat was just ot part of direct at this poit

22 COUR Aight . Coughi Hi, i soe

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

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

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

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44/158

aoecie eaiohp by iiuig ecio poceedg ad he

2 aged he mae o Bake hi oce

3 Tha e ee ofhi coeamiaio of hi dec

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

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

6 obeco

7 T o keep yo iquiy imied o qie fakly he ey

8 amo of mied ifomaio poided b . Hill hi moig.

9 M. CGHN Ye i You Hoo. ll y o wap hi up

gie a dicae a keep i o wha wa bough p o diec.1 BY R. CGHLN:

2 Q Hill yo aid you commeced a eicio

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

eco wa pued?

A iially ou wee eed wih a day faile o pay

16 e eco oice Ad beee o wee alo mulaeouly eed

wih a -day oice o qui.

Wa ha ubeqely wha wa pued?

do dead ou queio

18

9

2

Q

A

Q Well ou eied ha a ary eicio ode wa

2 ubeqely proced b yo oce.

22 A Ye.

R HLETT-STEVENS do go ahead.23

2 THE CRT: y udead i he qeio aked wha

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

Pa 2


45/158

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

2 quit s tat correct

3 THE WTESS Tat s correct, sir

4 BY M COGH

5 Q Ddyour ofce evetuallycovert tat to ao cause

6 otce

7

8

A

Q

Yes tat deciso was made.

Wy

A Because of your atcs We determied tat we were

goig to probably do better ad circumvet a ot of your fabrcated11 argumets by goig dow te o cause evictio pat rater ta agglig

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

13 Q We you say pet issues are you referrg to avg

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

15 (audible) statutes

6 A Wat you call avig debiity issues sr, wic Justce

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

18 Q

1 etio otce

So your oce coverted t to a o cause smary

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

21 ret evictio ad simply do a -day o cause

22 Q Okay ad if subsequety te teat was cosdered a

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

24 legal surge

25

P 3


46/158

A We, dot qute udetad your etapho, But

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

3 coductg a bue thee a de ue ube oe

Nubetwo, you ddt ae t the Jutce ourt

5 Q

6 edeta ue?

You ay t wa a edece t oed for jut

dot hae ay dea,

8

A

Q We, why dd you ay t wa a edece f you do't

9 hae oethg to bae that upo?

A That what the eae ad ad thee wa o aw bue beg coducted

The eae ad dd the eae ay a coeca ue waQacceptabe?

A I dot kow, ough

3

5

6

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

dot eca?

A I gg you y bet ecoecto, ough.

1 8 Okay ow whethe o ot the eae you ad the tQ9 thg you dd wa you ead that eae

That ot what I ad

A

Q We dd you ay oethg ubtatay ar to that

eae whe you wee tetg?

3 A I ad aot certay ooked at the docuet aot

edatey.

5


47/158

Q ka so ou aer our oce has billed 0 grand

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

comercial use acceable?

4 M HLETTSTEVENS: Judge hes asked and answered5 ha quesion alread. Theres no eidence as o he 0 grand (inaudible).

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

7 m going o susain he objecion

8 BY M CUGHLN:

9 Q Did our oce bill aoximael $0000 o

0 (inaudible)?M HLETTSTEVENS: bjecion releance1

12 CURT: Susained s irrelean Coughin Ie

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

4 irrelean o his resassing case

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

6 billed nor receied. hink i's irrelean.

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

18 asseed in wha he billed I'm offering i

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

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

21 m makng a judicial deerminaion ha his relaionshi wih his clien

22 relaed o nances is irelean o his resassing case.

23 So, I'mgoingtonot allowany questions relatedto thatlineof

2 inquir So le's moe on o our nex quesion

25 M CUGN Yes sir

Pe 5


48/158

BY N

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

3 commerca use a ver mortant ssue n tat summar evcton roceedng

om wc s crmna resass (naudble)?

5 A Are ou askng was tat an morant consderaton n

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

7 As to wat exact ou dd or sad naudbe bot takng

8 Q No, Im askng ou f t was morant as to weter or

9 not t was ermssble to ursue a suar evcton roceedng f ts a

10 commerca tenant were ou are onl aegng non-ament of rent. HE OU Ifyou cananswertat, MHill goaead.

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

13 understand t But f oud lke o t agan, -

4 HE O Go aeadand rerase equeston, Mr.

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

16 ta ueston

7 BY OUGHLIN

8 Q Was t an mortant consderaton to our oce n te

19 course of reresenng Dr erlss weter or not te lease agreement

20 aowed for use of te remses for a commerca use?

2

22

23

24

25

A No

Q You are testng tat our oces reresentaton of

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

lease allowed for a commerca use of e remses?

Pa 46


49/158

1 HLETT-TEVEN Ae an anwere uge. He

2 ai no

3 THE WTNE That want the quetion The quetion wa

whether

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

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

7 Haet-teven ha raie an objetion to the quetion.

8 Coughlin, o ou want to repon to that?

9 R COUGHLN: Ye, ir Haleteven ai it wa ae

an anwere, beieve?1011 R. HAZLETT-TEVEN Ye, thee wa an objetion ae

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

13 ifferentl

14 THE COURT What' you reponetoM.Hazlett-Steven?

5 COUGN: t wa eeing lariation beaue wa

16 urpie to hear no to uh an impoant iue

7 R. HAZLETT-TEVEN urpie oent overome.

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

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

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

21 BY COUGHLN

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

23 an important onieraton in epeenting our lient to etermine whether

2 o not the eae in quetion woul permit ommeial ue?

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

age 47


50/158

1

2

3

5

6

8

111

2

ha was he assgnmen

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

he use of suary evcon proceedngs agans commerca enans where

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

ha presen a suaon where woud be an mporan consderaon?

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

your queson

Q Okay.

THE COURT:

CoughnTHE WTESS:

THE CORT

o ahead and rephrase he queson,

You've made n sma peces

Hang on, r H Rephrase he queson e

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

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

5 scope of he drec examnaon.

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

some pon, he eeway maon comes o an end.

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

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

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

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

22 THE COURT Go ahead and ask a queson, Coughn

23 BY COUGH:2 Q You us esed ha you dd no f wa an

25 mporan consderaon wheher or no he ease aowed for commerca

ag 48


51/158

1 se correc?

2 A Yeah was no ha mportan

3 Q Oka wod become mportan f or enre case or

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

5 rsdcona bass for enern sch an order?

6 A If or presmpons were correc whch he're no

7 hen wold become mpoan snce o're wron was no

8 mportan

9 esdes ha o ddn rase

0 Q Was he fac tha he proper was ben sed for a1 commerca pose se forh n he enans afdav?

2 A I don' know

13 Q Yo don' know?

A do no reca

15 Q Yo js esed tha wasn' rased so how cod

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

HE COURT: Cohn hes answered he qeson ha he

18 doesn reca. Yor comens become armenave so les

9 We're ettn no an area where I m no on o lae n

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

2 he bass for e evcon

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

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

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

25 o have an other reevan qesons.

P 9


52/158

M COGHLIN Ys sir and I apprciat our frstration with

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

and thats undrscord in State Johnon

4 CORT No, lt m tll ou, Coughin You ar not5 going to misquot what Im saing. Im not sratd b that procss a a

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

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

8 landlord/nant mar and Im not frustrad on bit.

9 M COGHLIN: Ys sir

1 TH CORT: To th xtnt matsar rlvantinth criminal cas Im going to har hm but as th gt to b marginall irrvant w

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

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

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

ou.

6 M COGHLIN Ys sir Your Honor I apologi

7 BY M COGHLIN:

18 Q Hill ar ou awar of a cas calld State

19 Johnon as 00 Wstaw 454666 whr in som o h pobms

associatd wih cooping a polic forc

1 M HLTT STEVNS: Judg, Im going to objc alrad

22 as to rlvanc.

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

24 Coughln Go aad and h our qion HaSvns ou c

5 objct a th appropriat tim

ag 5


53/158

M COGHIN Whereinome ofthe problem aocatedwth

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

3 an eect on civil landlordtenant dpute i dicued at lengh?

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

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

6 on direct examinaton

7 THE CORT That obecton i utaned M. Coughlin. I

dont think that relevant

9 R. COGHIN e, ir, our Honor. Im tryng to wrap it up

0 here wth a quetion or two, our Honor1 I think that a I have

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

13 any redrect?

14 M HETT-SEENS Nothing No redirect, our Honor

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

16

17

19

0

23

24

25

eat Thank you, ir Alrght.

R HE-STEENS Th Cty ca Caey Baker

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

rule of excluion?

HE COR Im going to

M HAZESTEENS It too ate our Honor

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

doe the Cour have it dicretion?

M HAZESEENS It It ha to be invoked at the

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

5


54/158

2

3

4

6

8

9

0

\ 12

1

4

J5

16

8

9

20

21

22

23

24

2

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

be ofrl, Your Hoor

COUR M. Couhl?

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

wheher hs !he cse or o

COUR

be deed.

O, h ou. Go hed h reues w

M Ber, le s e ou swo

(Wess dul swo).HE COUR h ou, M Ber Hve se Alrh,

M. Hzle-Seves, o hed.

MR HAZLSEVENS h ou, Your Hoor.

CASY BAKR

clled s wess, hv bee dul swo,

esed s follows

DC EXAMNAON

BY HAZLESEVENS:

Q Good mo. Could ou plese se ou me d

spell our ls for he record?

A Cse Ber, BAKE-R.

Q Are ou emploed, sr?

A YesQ hs our professo or occupo?

A m ssoce ttoe Rchrd Hlls oce.

-2


55/158

How ong ave o been an atoe sr?

Sine Otober of 005

3

QA

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

Hill?

A I stared wit . H wen nised law soo in

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

7 bak, and been tere eve sne

8 Q And wat's or wat ae o dies as an assoate

9 atoe a te aw Oes of ard Hill?

0 A Wen Hill assis me ases, ande tose ases to1 1 e best of m abii. de some of te intake for new ases if te ient

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

1 3 I assst M H wi some of te ases es andlng

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

andord/tenant law?

es 6

7

A

Q Wat poion ofor ase aw oro ase load deals

8 wt landlord/enan sses, do o know?

19 A It varies Geneall speakng wen landlord/tenan

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

Oka

QA Dr erisss ase opied a sbsanta amon of m

3 time for te past seveal monts

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

ase assoiaed wi Dr eriss?

P 3


56/158

Yes1

2

A

Q Ad is tht cse ssocited wih the ddess of 121

3 ive Roc Seet?

A

Q

A

Yes

Is tht i Reo?

Yes.

6

8

9

Q

A

Q

Whe bou wee ou ssied to hde h cse?

I believe t ws the ed of Auust 0 1 1 .

O d wht ws our sime? Did . H

0 come o ou d ssi h cse o ou? A Evc Couhli.

2 Q O o. Dd ou iiie proceedis to evic M

1 3 Couhli om th esidece?

4 A I dd

Q How did ou o bou doi tht?

6 A I ws m udestdi tht here ws et due ps

1 due om . Couh.

1 8 Q O

9

20

2

22

23

24

2

A Aer evew the ese so detemed ht

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

Q O

A I beieve i Febu of 20 1 1 Ude hose

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

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

Pg 4


57/158

Q

A

So you did both of hose simulaneousy?

Correct.

2

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

4 papers on the rsidence a 2 Rver Rock?

6

A

Q

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

How does it work? Do you aso e something

7 Cour? Is at when you do that simutaneousy?

8

9

A

Q

The way works is you have the notices sered rst

Okay

1 A For instance with the day pay or vacate notice the tenant then has ve days to come down and ommence the proceeding in the

12 ustice Cour by ing an Adavt.

1 3 Q Okay

Thats sor of what Coughin did14

A

Q Okay, and eventuay this case wound up in ustice

1 6 Cour, correct?

7 A That' s correct Coughin contested I beieve he

8 contested both matters.

Okay1 9

2

Q

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

2 day nonpayment issue

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

23 reca

24

2

A

Q

That was eary October

Okay, go ahead.

P


58/158

A We baced off of that

Oay

2

3

Q

A Becase Coghin was as Mr Hi stated he was

4 fabricating a these isses We didnt want to dea with that

Oay

6

Q

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

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

8 aside and contine with the day no case

Q

A

Oay

And thats what we did

9

Q Oay eventay that day no case eiction wond

2 p before a jdge in the stice Cort coect?

3 A dge Sferrazza Or hearing on that or rst hearing

2 Q Oay

Pa 6


59/158

2

3

A

Q

A

When Mr Coughin ttemped to rise those issues

Yes

udge Serrzz got into the sttutes nd the sttute

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

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

6 ccount in order or hm to proceed with those deenses

7 Th ws he order tht cme out otht hering.

Q Oy, so October udge Serrzz sys " you

9 wnt o ddress the hbitbty ssues you need to deposit you need o

0 escrow certin mount o money in order to even hve the biiy o ddress those issues.

2 s h bscy wht hppened

\3 A Th s coec. nd udge Serrzz her ordered i

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

Q

A

Oy did Mr Coughin depost h money

No he didn't

6

7

Q Oy ws there nother herng pursunt o your no

9 cuse eviction

20

2

22

23

24

2

Yes.A

Q

A

When did tht occur

Tht occued on Ocober 25

THE COT:

H WNESS

COT

'm sorry

October 2

Thn you

ag 57


60/158

B M HZLETTSTEVENS

2 Q A ca youut briey give the Cou an overview of

3 wha actuay happee at he October 25th hearig

4 e he purpoe of he October 25 hearig wa to

aow Cough to ubanae efee he ha ae he Ocober

6

7

8

9

Regarig habiabiity

Correct

Go ahea

0

Q

Q

So, he ug wa hat if Cough put he moey ito the ecrow accou, he were goig o be back o Ocober 25 a he

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

Okay3

4

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

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

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

Cocuio of aw, a grate he evictio

8 Q Okay, wa Mr. Coughi preet urig that etire

9 poceeig?

20 e, he wa

2 M COUGHN: Obectio, our Hoor, reevacy

22 M HZETSTEVENS uge, it goe to oice

23 THE COURT: t oe go to otice, Coughi

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

2 a evcto

ag -8


61/158

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

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

3 evon orde beng eneed

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

be ased and answeed

M COGN Bu noe n a mna law sense enas an

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

8 o ssue a legmae wng

9 TE COR n hs ase, he ssue one of he ssues n hs

ase s whehe or no you had noe of he evon ha was umaely 1 sondsle was ordered by Judge Sferrazza, and so 's a de mporan

2 ssue n he ase, and so m gong o allow ha ueson o b e ased and

3 answeed

14 BY R LETTSTEVENS

15 Q r Bae, was . Coughn pesen dng he poron

ofhe heang ae Judge Sferrazza reued o he Couoom and graned

1 he evon?

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

9 sng a now on ha sde of he Couoom.

2 COGLN m soy, You ono, f ould us uy

2 nee Youe no mang a ulng s us f an la, on he ssue

22 of seemed o me, s ha you sad s relevan, bu ddn' seem

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

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

2 maer has up fo agumen

P 9


62/158

COUR y uln was s ha aleSevens ased

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

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

4 n he Juse Cou when Jude Sfeazza made a un

5 M COUN Oay han you, You onor

6 CO Tha'swhereweareightnow.

BY R AZLESEVENS

8 Can you please desbe wha Couhln was

9 aually don n he Couroom whle exuse me, Jude Sfeaa

1 wa ssun hs uln?1

2

3

5

6

1 7

1 8

1 9

A

A

e was sn a he same abe hes sn a now

Oay

An sn ba n hs ha and lsenn

Was he enaed n lsenn o he Jude?

A e was lsenn e was no an noes now ha

beause laned ove e wasn an noes

Oay

naudble onvesaon)

M AZESEVENS

2 ono?

2 E COUR You may

22 BY M AZLESEVENS

ay I appoah he wness, You

23 Bae, an you ae a loo a ha doumen? s24 been mared as Cs

25 A Oay

ag -6


63/158

Q

A

Q

Do you eoze ha doumen?

Yes

lease ell he Cou wha ha doumen s

2

3

6

8

9

A Ths s he Evon and Deson Order sgned and

ssued by udge Sfeazza on Oobe a 8 pm

Q And s here any ndaon n ha Ode ha he

evon was ganed?

Yes

Oay.

A

Q

A And s n CAS. The s lne, he s wo wods of he seond senene ae he deson

1 2

3 eeve?

Q And when does announe ha he evon s

1 A Effeve Oober 0 , a 00 pm

TE COURT You sad m soy Oober ?

1 6 TE WESS: Oobe 0 a 00 p.m.

1 7 TE COURT Than you

8 BY R AZLETTSTEVENS

9 Q Now dd . Coughln eve dung ha long a day

2 poeedng move fo a say ae dge Sfeazza announed a he

2 1 evon was ganed?

22 A beleve he naudble).

23

24

2S

QA

mmedaely?

Yes.

ag 61-


64/158

Q And does he Ode ha youe hodn announe ay

2 deson on whehe he say s ehe aned o dened?

3 A Yes, he las lne ofhe desonsays, "Tenan's vebal

4 moon o say, dened.

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

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

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

8 auhenaed doumen, ude

9 TE CORT: Couhln, any obeon?

M COGN: Relevany 1 TE COURT: Okay, hnk s vey elevan, and he obeon

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

M AZETTSTEVENS: Than you, You ono

BY R. AZETTSTEVENS

3

4

5

6

7

8

19

Q Now, dd Jude Sfeaa ode anyhn else n ha

poeedn ae he aned he moon o he evon?

Yes.

Wha dd he ode?

A

Q

A A ha pon, when he Jude announed hs Fndns

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

2 pepae he ndns of a and Conluson of aw and Ode fo

22 Evon?

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

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

2

ag -62-


65/158

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

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

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

4

5

6

7

8

9

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

A Yes, I dd.

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

aally eneed ndns of as and Conlsons of Law on he eod as

he was annonn hs deson?

A Yes he dd. 1

2

3

R AZLESEVENS Yo ono, may have hs

maed Cys ?

E COR Yes.

nadble dssson).

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

6 AZLESEVENS Yo now, Yo ono, m happy

1 7 o povde opes. aally have exas

1 8 E COUR efe, han yo, aleSevens.

1 9 AZLESEVENS Ceanly

2 E COUR hese wee pevosly povded n dsovey?

2 1 AZLESEVENS hey wee pevosly povded n

22 dsove.

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

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

25 E COR Ceranly, Jde

-63


66/158

1 AESEVENS Your onor may approah

2 agan?

3 E CO Yes

BY ALESEVENS5 Q r. Baer an you ae a loo a whas been mared

6

as Cy's 2?

7

8

9

A

Q

A

Oay.

Do you reognze ha doumen?

Yes.

1 Q Can you pease e he Cour wha ha doumen s? 1 A hese are he Fndngs o Fa Conusons o aw and

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

1 3 2011 hearng.

1 4

1 5

6

1 7

8

9

2

Q

A

Do you rea when abou you prepared ha doumen?

beleve was on he 26th

Oay

Beause Judge Serrazza waned on he 27th

Oay dd you prepare ha on your ompuer?

Ys.

Q

A

QA

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

2 1 emal ma or any oher orm ohs malng?

22 A sen an orgnal down or a opy down o he

23 Courhouse o Judge Serrazza

24 Q Oay.

25

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1

2

13

4

5

16

1 7

sts today?

Sferraa

doument

page ve?

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

Q

A

QA

Q

A

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

A Oay

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

A 8 That on appoxmately lne 21 that'swhee t begns

9 the ode fo summa evton

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

2 1 attenton to page sx, s thee a date thats gven fo the evton the na

22 evton?

23 A Yes what I ped was that Coughln ths s on

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

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

Pa -65-


68/158

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

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

3 AZESVENS he Cy move o adm wha

4 been maed a Cy 2 agan unde 52.25, no evdene

5 COUR M. Coughln any obeon

6 COUGIN No You ono

COUR Oay han you Cy No. wll be

8 admed no edene. ha you

9 BY AZESVENS

1 Q So ha doumen auay gave a dae ofhe evon ae whh a oe

1 2

1 3

A

Q

ha oe

Ae whh Coughln wa no longe allowed o be

14 hee a oe

5

1 6

17

8

1 9

2

2

A ha oe.

Q So he Fndng of Fa Conuon of aw and

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

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

A ha oe ha wha we announed n Cou and

pu on a ndng of Fa

Q And ha Ode ad ha anyone hee ae ha dae

22 oud be emoved ha oe?

23

2

25

A

QA

ha wa e ommand gven o he She.

"Sha be emoved.

Ye

P 66-


69/158

Q Did you sere ha doue o M Cou i ay

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

3 sered by he Cou o him

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

5 he Order he Cor forards i o he Sheif

Oay6

Q

A d he Sheriff goes ou ad efores he order

8 Q Oay o m goig o dra yor aeio o he dae

9 of Noember 3t 0

HE COUR ha as ha dae agai HZESEVENS Noembe 3 0 Yor Hoo

2 HE COUR Oay gie e us a seod osel

1 3 HZESEVNS: Ceraiy Judge

1 HE COUR ' maig some oes hee regardig some

1 5 daes

1 6 . HZESEVNS: Ad m goig o ihdra ha

1 uesio Your Hoor so if you do a o jo ha oe do you do

1 8 have o a his poi

1 9 HE COUR Oay looig a somehig ese oay. Go

2 ahead ha you ouse

2 BY . HAZESVNS

22 Q goig o dra your aeio o he dae of

23 Noebe 1 s t 0 . o you real ha you ere doig ha day

2 A es as aually o ofork ha day as a home

25

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Okay.1

2

Q

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

3 eviction was going to happen.

4 Q Okay, anddidyouactually eventually respondor have

to come to the area of Rver Rock?

Yes.

Why?

6

7

8

9

A

Q

A

Q

AQ

The way it works again Im sorry to keep dong this

Pease please pease you ae educatng us a.

1

1 1You have to wait for the She to contact youOkay.

1 A The Sherfs Deputes ae sent out with several of these

1 3 things on the days that they do them howeve they do them every day You

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

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

1 6 you lead tme.

1 I had spoken with the Sherifs Deput aleady I beeve on

1 8 Friday the

1 9 Q Okay

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

2 cel phone But I came back in (inaudbe) do the ockouts

22 THE COURT Im sorry?

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

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

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

age 68


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3

4

5

6

7

8

9

A

QA

QA

Q

A

QA

Ye

And were tere Seri Depie ere?

I g ere r.

Okay

Ang wit a member r ta.

Okay

And en tw Seri Deptie arrved.

Okay

And en we ad wai r e lckmi

0 Q Okay wen e Seri Deptie arrived did ey1 ave any dcment in eir and?

1 A I believe ey ad - ye ey ad er cpie e

13 Finding Fac and Order r Smmary Evicin.

4 Q Okay and d y recall wa e depie r ne r

5 bt e depie did wi e Finding Fac d Order Evictin?

1 6 A Ye

Q Pleae e.

8

1 9

20

21

A

QA

Once - te r anwer i ey ake y e dr

Okay

I can ell y e prce i y want

Pleae tell wat appenedQA Wen e ckmit naly arrived e Seri bang

3 n e dr annnce eir preence Open p pice eri."

24 Tere wa n repne A a pin everybdy and back

25 Tey ge e lckmi g aead and pen e dr. He pen e dr

ag 69


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73/158

door?

roer?

Q

A Coec

Q Were here n other doors, entry doors, ino he

A6 here were no oher oside en doors

Q ow, dd o do o ec wheer he Sher

8 execed n oher docmens whie he ws here? An Advi of Serice

9 o ning ke h, do o ec?

A I don now01 1 Q So, is or esimon h he Sher s Dey osed,

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

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

Ths correc1

1

A

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

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

A s he on door

Q O

8

9 HAZLETTSTEVENS: o rher qesions for his

winess, Yor Honor

THE CORT Algh, hnk o

M. Coghlin, n esions on crosseminion?

COGHLI: Yes, sir, Yor Honor24

2

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1 CROSSEXAMATION

2 BY MR COUGHLIN:

Q oo aeoon,M. Baker. Youust testethatthe

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

A ont thnk that was m testmon think m

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

8

ns there

Q An b Orer, ou mean this one that ou prepare an

9 uge Sferrazza signe?

0 HE COUR Let's refer to the ouments that we have in eviene believe, r Coughlin, ou are referring

Documents

CR12-1262-3059269 Transcript From Criminal Trespass Trial Testimony of Richard Hill and His Associate Before RMC Judge William Gardner