bernath ro ftr 5.25.14

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IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF WASHINGTON

DANIEL A. BERNATH,

Petitioner,

vs.

JOHN LILYEA,

Respondent.

)))))))))

No. C140741RO

TRANSCRIPT OF PROCEEDINGS

BE IT REMEMBERED THAT, the above-entitled matter

came on regularly for hearing before the Honorable Thomas

Raymond Rask, III, Pro Tem Judge of the Circuit Court of

the County of Washington, State of Oregon, commencing on

the 29th day of May, 2014.

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APPEARANCES:

APPEARING FOR THE PETITIONER(S)

Daniel A. Bernath10335 SW Hoodview DriveTigard, OR [email protected]

APPEARING FOR THE RESPONDENT(S)

Roderick A. BoutinBoutin & Associates5005 Meadows Road, Suite 405Lake Oswego, OR [email protected]

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PACE REPORTING503.655.4183

3

Witness Index

D X

For the Petitioner:

John Lilyea 31

Daniel Bernath 53 60

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P R O C E E D I N G S

THE COURT: Daniel Bernath, Petitioner, and

John Lilyea, Respondent, Case Number C140741RO.

MR. BOUTIN: Good morning, Your Honor.

THE COURT: Good morning.

MR. BERNATH: [Indiscernible] over there.

THE COURT: Yes, that's right.

MR. BOUTIN: Good afternoon, Your Honor.

Rod Boutin representing Mr. Lilyea, Respondent. And I have

two preliminary motions.

THE COURT: Okay. And I understand your

client will be appearing by phone, correct, Counsel?

MR. BOUTIN: That is correct.

THE COURT: Okay.

MR. BOUTIN: We are advised by the clerk to

stand by before we got him on the phone, so we haven't

called him yet. Perhaps we could deal with preliminary

matters first.

THE COURT: Did you want to proceed without

your client -- That's fine, if you're fine doing that, we

can deal with the preliminary matters first.

Petitioner, Mr. Bernath, I want to just

confirm, you're representing yourself, correct?

MR. BERNATH: Yes. I'm a California lawyer,

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and I will advise myself on any issue of Oregon law.

THE COURT: All right. So why don't we take

up your preliminary matters, Counsel.

MR. BOUTIN: Preliminary matters are

twofold, Your Honor. Both of them are motions to dismiss

this proceeding.

One of them, the basis for one is that my

client is a resident of West Virginia. And by offer of

proof, we can put him on the stand if necessary, but it's

recited in the petition in this case that my client was a

resident of West Virginia, we'll accept that as true, as he

is, and my client has never been in Oregon. He's not

subject to the jurisdiction of the Court.

So that would be the first basis to dismiss

this proceeding, the Court does not have jurisdiction over

Mr. Lilyea. Never having been in Oregon, he's not subject

to the jurisdiction.

The second is whether -- in order to proceed

and have relief under the statute, Mr. Bernath as

petitioner needs to be a resident in this county, it being

accepted by his allegation that Mr. Lilyea is not a

resident in this county.

I have for the Court a copy of a declaration

Mr. Bernath filed two weeks ago in Clackamas County Circuit

Court, Case Number CV14040431, but I'll hand the Court this

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copy of his declaration as well as the 500 pages of

exhibits that were filed with his declaration, and draw the

Court's attention to the following specific points, which

go to the issue of whether or not Mr. Bernath is a resident

of this county and therefore eligible for relief sought

here today.

On the beginning of the second page --

excuse me, of the second paragraph of the first page,

Mr. Bernath makes the statement, Defendant -- and he is the

defendant in this proceeding in Clackamas County Circuit

Court -- this is his motion to quash service of summons

made in Washington County.

He makes the statement in his declaration,

"Defendant lives, dwells, his domicile's in Florida." I

direct the Court's attention to page 2, he makes the

statement, this is at line 31, "I am a natural person. I

reside and am domiciled in Fort Myers, Florida. Florida is

my home and my domicile."

On page 37 -- line 37, that same page too,

Your Honor, he makes the statement, "I have lived and been

domiciled in Florida since November 3, 2013, approximately,

by relation."

Direct the Court's attention further to line

60 -- 59, 60 on page 3 of the declaration. Mr. Bernath

makes the statement, "I come to Oregon to wrap up little

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matters here after my domicile here ended," referring to

his ending his domicile in Oregon.

And on page 14, line 232 to line 235, he

makes the statement in his declaration, he says that he

served a dwelling in a domicile, Fort Myers, Florida

resident, by substitute service on an unidentified person

at a mailbox inside of a shipping store -- and this is the

operative phrase of this awkward sentence "-- 3,000 miles

away from where I dwell."

This reference is to substitute service that

was made in this Clackamas County case. Mr. Bernath's

mailbox drop in Tigard that he was using at the time, but

his statement is that that mailbox drop is 3,000 miles away

from where he dwells. And that's lines 232 to 235 which

appear on 14.

So the point of which is that he's not

entitled under the statute to proceed in this court on this

matter if he's not domiciled in Washington County.

Two weeks ago, he filed a declaration in

Clackamas County Circuit Court to quash service, saying

[indiscernible] places that he's not domiciled here, he's

domiciled in Florida. So on the strength of his

declaration, I move the Court to dismiss this proceeding.

THE COURT: Okay. And, Counsel, you may

proceed with your response.

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MR. BERNATH: Thank you, Your Honor.

Just as Counsel didn't know where to sit, he

didn't read Oregon Revised Statute 124.010 (3) which states

moving does not affect [indiscernible]. In order to

petition for relief under the Disabled Persons and

Terrorized Act, he is not effectively the only person or

person with a disability that has left the residence or

household to avoid abuse, and that's what we have done.

Lilyea says that he is in West Virginia.

Either he or his agent is terrorizing me and my family to

the point where my wife has heart palpitations, and I've

broken down in stress related shingles.

But on 3/16/14, there was a knock at my

door -- This is after Lilyea began his terrorism -- no

one's there. I see bushes moving. At 3:50 the same day, I

get to the door, there's no one there after a knock, no

message, no deliveries. Sunday, I see the bushes moving.

5/11, the same.

5/12/14 at 1:29, I hear a knock, no one's

there. I later in the day hear a knock on the glass, it

was a light knock, knock, knock. 5/23/14 at 1:15, I hear a

loud knock at my front door, look out, there is no one

there. I get a phone call from his agent saying he's going

to get me. He hangs -- I hang up on him, he has a -- he

calls me back.

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Through his abilities to -- He is in Oregon.

He's contacted the National Veterans of Foreign War, they

have me expelled. Lilyea has contacted the local VFW post

in Tualatin to have me expelled, he contacted KGW

Television, city, Portland.

He contacted The Oregonian reporter Bryan

Denson, the crime reporter, who forwarded me with 10 to 20

emails about my fraud he's going to publish tomorrow, what

have you got to say. And Lilyea comments, we're ready to

go live on Bernath.

Oh. He contacted Lars Larson in Portland,

Oregon, and they called me a fraud on the local TV -- radio

show, TV or radio, and then they went nationwide and called

me a fraud and terrorized me there.

They had a WANTED poster published in the --

Lilyea and his agents said they're going to put those

posters --

I haven't finished, Counsel. Would you sit

down till I finish?

They blurted out --

MR. BOUTIN: Your Honor, the issue at this

point --

[Indiscernible].

MR BERNATH: -- WANTED posters around --

THE COURT: Hold on.

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MR. BERNATH: -- the City of Portland.

THE COURT: Hold on. Petitioner, let me

stop you for a second. I appreciate you feel strongly

about what your contentions are as to why you filed the

restraining order.

What I want to focus, though, your argument

on, so what we're hearing now is just a preliminary matter

of jurisdiction and domicile, so I want to focus on that.

MR. BERNATH: Okay. Could I speak to that?

THE COURT: Yes, you may address that.

MR. BERNATH: Okay. As the Supreme Court

says, I can be a resident of many places but only domiciled

in one. So I'm domiciled in Florida because that is where

I intend to remain, however, I'm also a resident of Oregon

and other states as well. So that does not deprive me of

jurisdiction to protect myself under the statute.

And then the statute that I read, the right

to petition does not -- my rights under the statute does

not change if I escape to stop the abuse.

So that would be my comments, Your Honor.

THE COURT: Well, let me ask a few questions

about what I see in the petition. I want to verify some

things, and we'll maybe hear some more argument.

But, Petitioner, on your documentation, you

indicate you're residing in Washington County, and you list

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an address.

MR. BERNATH: Yes.

THE COURT: Are you currently residing in

Washington County at that address?

MR. BERNATH: Yes.

THE COURT: Okay. And this -- And how long

have you been residing at that address?

MR. BERNATH: Since 1994 or '95, as well as

other places.

THE COURT: And you've been continuously

residing at that address?

MR. BERNATH: No.

THE COURT: When you say "other places,"

what do you mean? Explain to me how often you've been

there, let's say, in the last year.

MR. BERNATH: Let's say nine to ten months.

THE COURT: And you allege in your petition

that the events surrounding why you believe you're entitled

to the continuation of this restraining order, all the

allegations you make relate to what happened at your

premises where you were residing in --

MR. BERNATH: Yes.

THE COURT: -- Washington County?

MR. BERNATH: Yes. Although, in all 50

states --

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THE COURT: I'm just talking about what's

happened here.

MR. BERNATH: Yes.

THE COURT: Let me just -- so the -- Okay.

The other thing I noticed on the petition, you acknowledge

that the respondent is residing in West Virginia, that's

what you put in your petition.

MR. BERNATH: I don't know, but still,

either he's been here or he uses agents here. That's

something you can ask him.

THE COURT: But on the petition you filed

with this Court, you list that Respondent is a resident of

Mineral County, State of West Virginia.

MR. BERNATH: Well, I would move to amend

that because I took that information and belief, and I had

no personal knowledge that he lives there.

He made a motion that he not appear here

because he had to be close to his medical team, and then he

went -- he travelled to Washington, DC. So I don't...

And then a judge in Montgomery County,

Maryland said that he had lied in his testimony, so I don't

think that we should take anything he says at face value

based on [indiscernible].

THE COURT: Well, I'm just talking about

what you filed with the Court.

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MR. BERNATH: Well, I would amend that to

say that upon information and belief from somebody that a

judge in Montgomery County called not truthful.

THE COURT: So --

MR. BOUTIN: Your Honor, I would like to

object to that reference.

THE COURT: So noted.

MR. BERNATH: I'll present that, what the

judge said in Montgomery County.

THE COURT: Well, we'll cross that bridge in

a little bit.

What I want to make sure of is the

allegations that you're referring to, the knocking on the

door that you talked about earlier, you believe that was

the respondent here in Washington County knocking on your

door.

MR. BERNATH: Yes.

THE COURT: And your testimony you're going

to present is that you physically saw the respondent

knocking on your door?

MR. BERNATH: No, I didn't see anybody

knocking on my door.

THE COURT: Okay.

MR. BERNATH: But looking at ORS 124.020 9

(c), the contested hearing is not limited to issues raised

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in the request for hearing form. So apparently I can amend

that form, and I would now amend it to say, upon

information and belief from John Lilyea, who other people,

not me, has said is untruthful, I would now amend it to say

John Lilyea says he's a resident of West Virginia.

THE COURT: Counsel, was your client served

with this restraining order?

MR. BOUTIN: My client was served on April

19th by the sheriff in Mineral County, that is correct,

Your Honor.

THE COURT: Sheriff of which County?

MR. BOUTIN: Mineral County, West Virginia.

MR. BERNATH: I also want to make a motion

that this is so detailed that I would request that this be

a noticed motion so that I could refute all these sudden

things that he threw at me.

This doesn't seem at all like a due process

of law, in compliance with, because he could have told me

all these things weeks ago when he asked for the hearing,

and now he's bringing it up. And I'm sitting here tap

dancing, trying to help the Court make a decision. I think

we should have a noticed motion.

THE COURT: Well, I do want to address that

issue, because I think that's an important point.

And, Counsel, I do want to address that in

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terms of -- I mean, I appreciate these are expedited

processes with the fact document, the way things normally

go, but I'm concerned that both sides -- I mean, I've not

been -- I've not received any pleadings from you, and I

don't know that I assume you're filing any in these

motions, but that would be helpful for the Court to see any

law that you think is applicable that would apply that

might be helpful to give the other side a chance to

respond.

And I am concerned about hip-shooting an

issue that the Court doesn't see very often in terms of

jurisdiction and in terms of domicile versus residence.

And to the extent that the petitioner may

have a point, you can be domiciled in one place and reside

in others, I'm sensitive to that issue. And, I guess, why

don't you let me know, I'd like to hear from you on what

did Petitioner get in terms of notice about this motion, if

any?

MR. BOUTIN: As to whether or not this is a

matter of surprise, the Court should have in the Court file

the opposition. We initially filed a motion for appearance

by telephone, creating a record that Mr. Lilyea has

advancing ALS disease, difficulty standing, difficulty

walking.

I will advise the Court that he can stand as

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long as he doesn't move. If he seeks to ambulate around

his house, he uses his walker. If he seeks to use -- if he

needs to leave his house, he travels by wheelchair.

In response to that motion for permission to

appear by phone, Mr. Bernath filed an opposition motion,

which the Court should have in the Court's file.

THE COURT: Okay.

MR. BOUTIN: So none of this is a surprise

to Mr. Bernath.

Mr. Bernath goes on at great length, talking

about Mr. Lilyea, who resides in his home in West Virginia,

a trip that Mr. Lilyea made to the White House to attend a

medal of honor ceremony. He includes photographs that

Mr. Lilyea took at the White House, showing the president

and a medal of honor recipient, he includes photographs of

Mr. Lilyea in his wheelchair --

MR. BERNATH: Can I get through this

irrelevant --

THE COURT: Hold on. Let me hear what he

says.

MR. BOUTIN: -- while in Washington, DC. He

includes Mapquest instructions for Mr. Lilyea's home to the

White House showing how long it would take and what route

of travel it would take for Mr. Lilyea and his travel

companions to make that drive from his home in West

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Virginia to the White House. He --

THE COURT: So, let me interrupt, Counsel.

You're suggesting that the issue of his

residency in West Virginia is not an issue of surprise to

Petitioner?

MR. BOUTIN: Clearly, yes, Your Honor, that

is correct.

THE COURT: How about the other issue

regarding -- because you made two arguments, one is about

the residency of the domicile of the respondent, the other

is about the petitioner. Has that issue been argued or

raised to the point that Petitioner would be on notice of

that?

MR. BOUTIN: It has not been specifically

briefed. I believe the statute is very clear that the

petitioner has the burden of proof on all issues created

under the statute; all issues created under the statute, he

has his burden of proof.

He's filing sworn statements in other

litigation, and there's quite a bit of litigation that

Mr. Bernath is involved in, the US District Court,

Multnomah County Circuit Court, Clackamas County Circuit

Court, I believe this last matter in Washington County

Circuit Court was resolved last month. But he's got a

sworn statement that says he does not reside, and therefore

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he seeks to quash service of summons in the Clackamas

County case.

So if he -- if it's a matter of convenience

at any given time to adopt a certain version of the facts,

then that may be his view, but it's his obligation to get

to the point that Your Honor made, it's his obligation to

prove every element of his case, and it should not be a

matter of surprise that he has to do that.

And he's making declarations to the Court in

other litigation that he doesn't reside here. If he

doesn't reside here, he does not qualify for relief under

the statute.

MR. BERNATH: Okay. I do reside here, but

that's not the point of his speech.

The Court specifically asked him, and this

was -- If you remember, ten minutes ago, please tell me if

this is brand new, you're hitting Bernath on the side of

the head here in court for the first time --

THE COURT: Well, let me interrupt, Counsel.

That's not what I said.

What I'd like to know is what notice do

people have about the issues being raised?

MR. BERNATH: I'm sorry. I'm -- I was a

little too colorful.

THE COURT: No.

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MR. BERNATH: And I would retract that.

Could I?

THE COURT: And I understand -- No.

And, I mean, let me stop you. I appreciate

it, I don't -- I want to get to the bottom of it, if

possible, today, to move this along.

MR. BERNATH: Well, I --

THE COURT: I do agree that it seems pretty

apparent that the issue about West Virginia, the residency

of the respondent is not a surprise issue, your own

petition said he lives in West Virginia. So everyone seems

to acknowledge that's not the issue.

The second argument being made by Counsel

relates to your residency. That is, it sounds like, a new

issue. My question, then, and I have to make a decision on

this, is that an issue that is of such a nature to preclude

us moving forward, or whether or not we can move forward

hearing the evidence on the restraining order, granting the

parties a chance to respond both in brief form and

potential evidence about this residency issue, and then

make a determination.

And I think where the Court's inclined to go

at this point is along that line, meaning, I'm going to

reserve judgment on the issues raised. I'm going to wait

and determine whether or not they are applicable to the

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case in the course of the evidence presented.

I find that the issue in terms of surprise,

if that's -- to use that word, that it -- well, that we

will proceed with the arguments presented by both, the

evidence on the issue of residency and domicile on both

parties.

I will, at the end of the closing of the

evidence, entertain the requests by either side to leave

the record open for further briefing if there's a legal

question that needs to be briefed.

But in terms of the residency, I do agree

with the respondent. It's your job, Petitioner, to meet

the elements of the statute. So they're questioning your

residency, you've got the burden of proving it.

I'm not going to rule on the motion now

because I'm going to give you a chance to present evidence

on that, and then we'll cross that bridge about whether any

further motions or record need to be open for other

briefing or evidence, but I think at this point we're going

to proceed.

So let me ask Petitioner, do you have any

witnesses to call besides yourself?

MR. BERNATH: Yes. John Lilyea.

THE COURT: Okay. And, Counsel, you've got

your client on the phone to call in. Other than him, do

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you have any other witnesses to call?

MR. BOUTIN: No other witnesses at this

point, subject to rebuttal witnesses. We'll have to see

how all that goes.

We don't have him on the phone yet. We were

advised to wait until we were instructed by the Court to do

that.

THE COURT: Right. So let's get him on the

phone, Cheryl.

THE CLERK: I called him.

THE COURT: [Indiscernible].

THE CLERK: [Indiscernible].

THE COURT: One and a half to two hours, and

three to four witnesses. Thank you. So one of the --

THE CLERK: [Indiscernible].

THE COURT: Okay.

MR. BOUTIN: Your Honor, my paralegal is

with me here today. Can she join me at counsel table?

THE COURT: Sure.

MR. BOUTIN: Thank you.

MS. CLAYTON: Hi, John. I'm going to give

you a number and ask you to call in to the Court. The

number is 1-503-846-2268.

THE COURT: He'll be able to answer

[indiscernible], right.

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MS. CLAYTON: Yeah. That's correct. Please

call in right now. Thank you.

Your Honor?

THE COURT: Yes.

MS. CLAYTON: May I approach, please.

THE COURT: Yes, you may.

Counsel, we'll work on Judge Latourneau to

sort out the scheduling, so we'll keep you posted as we

hear.

A VOICE: [Indiscernible].

THE COURT: Right.

Hello, Mr. Lilyea?

MR. LILYEA: Yes, it is.

THE COURT: Yes. This is Judge Rask.

You've got -- we've got you on speaker here in the

courtroom, we have started with the proceeding. Your

counsel is present, along with the opposing party, and

we're going to proceed with the hearing.

So at this point, until you're called as a

witness, you may just remain on the phone. I would ask you

to raise your right hand to be sworn.

MR. LILYEA: Yes, sir, it's raised.

THE COURT: Okay. Let's swear in this

witness.

/////

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JOHN LILYEA,

having first been sworn or affirmed, was examined and

testified under penalties of perjury as follows:

THE CLERK: If you can please spell and

state your full name for the record.

MR. LILYEA: My name is John Victor Lilyea.

THE COURT: Thank you, Mr. Lilyea.

And before we proceed, Petitioner, will you

please raise your right hand to be sworn as well, since

you're going to provide testimony today.

DANIEL BERNATH,

having first been sworn or affirmed, was examined and

testified under penalties of perjury as follows:

THE CLERK: If you can please spell and

state your full name for the record.

THE WITNESS: Daniel A. Bernath, Daniel the

usual way, Bernath is B E R N A T H.

THE COURT: Okay. Thank you.

So we'll proceed with your -- The way we

normally proceed on matters of this nature is that the

petitioner will go forward to prove they can establish and

need to continue the restraining order and meet the

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elements, at that point the burden will then shift to the

respondent to provide evidence as to why they believe the

elements have not been met or other evidence as to why it

shouldn't be continued.

So we'll start with Mr. Bernath. And you

can present, since you're testifying for yourself -- Do you

have a witness here in the courtroom?

MR. BERNATH: No.

THE COURT: Is your witness out in the hall?

MR. BERNATH: I have no witnesses, I have

Mr. Lilyea and I have documentary evidence --

THE COURT: Okay.

MR. BERNATH: -- from Mr. --

THE COURT: I misunderstood. I thought you

said you had a witness. Okay.

Then you may present your evidence.

You both -- you can waive opening argument

or have a brief opening argument.

MR. BERNATH: Well, here's my brief opening

argument.

THE COURT: Sure, then we'll do that.

Proceed.

MR. BERNATH: It will sound like I'm crazy

to tell you this.

A hearing officer at Social Security

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Administration attacked me four years ago, when I was

getting on an elevator. He has been terrorizing me for the

last four years.

He contacted John Lilyea and said to John

Lilyea, hey, look, this Dan Bernath fellow that I hate so

much is staking out that he's a chief petty officer in the

United States Navy, he never was, go get him.

Now, this group is known as a suicide

self-murder advocacy group of Vietnam Veterans. And you

think I'm crazy when I'm saying this. It's an association

of active duty US Army, Navy, Coast Guard -- and I'll give

you all the evidence if you think I'm crazy -- plus retired

combat veterans who this judge in Montgomery County says,

you're a bunch of crazed veterans who haven't come down

from the war.

What they will do is pick a target and

terrorize them to death. They have murdered five people so

far.

THE COURT: Let me interrupt you, Mr.

Bernath.

I appreciate some background, but because of

the docket and the hearings --

MR. BERNATH: Let me move on.

THE COURT: Yeah. Here's what I want you to

do: You can present evidence, and we'll to get that. This

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is only opening, brief opening, focused on the allegations

you made in your petition, because that's all we're here on

today.

MR. BERNATH: Okay.

THE COURT: We're not here on someone being

murdered, thank goodness, we're not here on things outside

the scope of the petition. I can't hear things that

aren't --

MR. BERNATH: Well, let me get right to

that.

THE COURT: Go ahead.

MR. BERNATH: So, Dan Hyatt then contacted

John Lilyea. John Lilyea then went to his group who said,

let's make his life as miserable as hell, as possible.

John Lilyea went to this group and said, let's shame this

man, on and on and on.

Thereafter, all these things happened that I

spoke of, I guess, in my preopening statement. So what I'm

going to show the Court is that he clearly, Exhibit 1, made

this WANTED poster to make my life as miserable as possible

and shame me. And then all those other things occurred.

So that is the crux of this petition. He is

the leader, he is the person who controls them, he --they

all communicate with -- through this website. So that's

the beginning and end of my opening statement.

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Now what I'd like to do now, could I

approach the Bench with the --

THE COURT: Sure, you have exhibits and

copies for Counsel?

MR. BERNATH: He has the copies, he just

gave that to you.

THE COURT: Okay. On the --

MR. BERNATH: On the 500 things he

complained about, the pages.

So this is the -- I would ask the Court to

look at that, maybe get a long one, judge gets the rubber

band.

Now, Mr. Lilyea, you're there on the phone,

aren't you?

MR. LILYEA: I [indiscernible].

THE COURT: Hold on. No commentary to the

parties.

This is your case, put it on. You present

your evidence, there will be an option if you want to call

a witness. If I hear anything out of --

MR. BERNATH: He's my first witness.

THE COURT: Okay. Well, you're testifying

first, so give me your evidence. Then when you're done

testifying, we'll take another witness.

MR. BERNATH: Well, could I take him first?

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THE COURT: If you'd like to.

MR. BERNATH: All right. Mr. Lilyea, this

is --

MR. BOUTIN: Can I make my opening

statement?

THE COURT: Who wants -- Go again.

Yeah, I'd like to hear your opening.

MR. BOUTIN: The matters involving Judge

Hyatt and Mr. Bernath for which Mr. Bernath is criminally

convicted in US District Court --

MR. BERNATH: Objection, that's false.

THE COURT: Hold on.

MR. BOUTIN: -- are not the matter on which

we are here today.

Mr. Lilyea is an administrator of a website

called This Ain't Hell, which is a website that pays some

attention to people who they, in their vernacular, refer to

as valor thieves.

A few months ago, Mr. Bernath appropriated,

the evidence will be, appropriated a photograph of a chief

in the Navy, Photoshopped, to use the term, his head onto

this other person's image, which is a formal photograph

showing his chevrons of service, his chevrons of rank, his

medals that he received in his 18 years of service.

Mr. Bernath served a little bit less than

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four years as a photographer's mate on an aircraft carrier

during the Vietnam War.

People in the valor thief community took

exception to that. The evidence will be that the poster is

not something that Mr. Lilyea created.

I think we will acknowledge that the poster

appeared on this website. There are some 350,000 posts on

this website, but they are not from Mr. Lilyea.

The evidence will also be that Mr. Lilyea

has never been in Oregon, has never met Mr. Bernath, has

never attempted to contact Mr. Bernath other than an email

he sent a few months ago asking Mr. Bernath to stop

contacting him and otherwise contact me as his counsel, and

that he has done nothing to harass, threaten or intimidate

Mr. Bernath.

And further, as a quick point of procedure,

I do not have a copy of the exhibits that Mr. Bernath --

MR. BERNATH: Your Honor, I can show them --

THE COURT: Hold on.

MR. BOUTIN: He showed them --

THE COURT: If I hear an interruption again,

we're not going to continue this. You're a lawyer, you

know better. Wait.

Go ahead.

MR. BOUTIN: He did show them to me in

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advance of the hearing, but I do not have copies, so I may

ask to reference them during the course of the testimony.

THE COURT: That's fine. We'll work around

the copy problem.

MR. BERNATH: May I address those two

points?

THE COURT: I'm sorry?

MR. BERNATH: Could I address those two

points?

THE COURT: You're going to present your

evidence. This isn't an argument time, it's evidence.

MR. BERNATH: Okay. Well, I'll -- I'll

state under oath that I was not criminally convicted of

anything. I've been a California lawyer for 30 years.

THE COURT: Okay. Counsel, I want to

proceed in a way that's going to make this --

MR. BERNATH: Very good.

THE COURT: -- flow.

You've asked to call a witness, you said you

want to call Mr. Lilyea.

MR. BERNATH: I will do that. I'll do that

right now.

THE COURT: Okay. Then it will be clear,

that means you're not testifying yet, Mr. Lilyea is. So

let's go in an orderly flow.

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THE COURT: So if you want to call yourself

first, fine --

MR. BERNATH: No, I don't.

THE COURT: -- but if you want to call

Mr. Lilyea, that's fine. So let's call Mr. Lilyea first,

then.

Mr. Lilyea, are you present on the phone?

MR. LILYEA: Yes, I am.

THE COURT: Okay. The petitioner is going

to inquire of you questions that are relevant petitioner --

to the petition that's been filed.

And, Mr. Lilyea, you will be required to

answer them if I think they are appropriate and legal

questions to be asked. So we will proceed with the

inquiry.

Counsel, you may inquire of this witness.

MR. BERNATH: And I proceed under Oregon

Rule 40.180, routine practice.

DIRECT EXAMINATION

BY MR. BERNATH:

Q. Now, do you remember -- Could you address me as

Chief Petty Officer Bernath? I prefer to be called that.

Mr. Lilyea?

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A. Me? No, I won't. You're not.

THE COURT: Well, hold on a second.

THE WITNESS: I will call you Mr. Bernath.

THE COURT: Yeah. You're going to be called

Petitioner or Mr. Bernath, that's how we're going to

address Mr. Bernath.

Q. Okay. Why do you believe I'm not a chief petty

officer, honorary or otherwise?

A. Because I have your military records and you were

never promoted to that rank.

Q. Are you aware that the Sea Scouts have hundreds,

if not thousands, of chief petty officers of that club?

A. No.

Q. Are you aware that hundreds of yacht clubs in the

United States have commodores and chief petty officers?

Are you aware of that?

A. No.

Q. Are you aware --

MR. BOUTIN: Object to relevancy, Your

Honor.

THE COURT: Yeah. Mr. Bernath, we're going

to stick to the petition.

MR. BERNATH: Okay.

THE COURT: I mean, the evidence that you

need to provide to this court is evidence that shows that

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this respondent threatened to injure you or otherwise did

something to you with words or deeds that meets the

statutory requirement to continue the restraining order.

So we're not going to get caught up in the

debate about who posted what about you on the Internet,

whether it's true or not. That's not what's in this --

This has nothing to do with this matter.

MR. BERNATH: Okay. Well, let me --

THE COURT: You can't litigate the matter

here. All we can cover is do you meet the statute

requirements.

So you can ask him about the knock on your

door, you know, evidence you want me to solicit from him --

I mean, you can solicit from him about -- to meet statute

requirements, but that's it. So feel free to ask

questions, but they need to be focused on your petition.


BY MR. BERNATH: [Continuing]

Q. Now, I do want to ask you, did you testify in the

court, Karen Williams versus John Lilyea --

MR. BOUTIN: Objection, Your Honor.

THE COURT: Hold on.

What's the question? Let's hear the

question first. Testifying about what?

MR. BERNATH: Did -- I just -- You've seen

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the statute that I just spoke of about how he -- he's

acting in routine practice. And a judge has found that he

is dishonest, and he was accused of doing to Karen Williams

a few months ago the same thing he's accused of doing to

me, and that would be in his routine practice.

THE COURT: Okay. So you're trying to --

Why don't you ask a question, then, because I -- because

I'm not clear where you're going with it. So ask your

question and we'll decide about that objection. Go ahead,

ask your question.


Q. Did you call up a Paul Wicker and say you were

going to take a pick ax to his kneecaps and stick a shotgun

in his mouth?

MR. BOUTIN: Objection, Your Honor.

THE COURT: I'll allow it.

Answer the question, Mr. Lilyea.

THE WITNESS: No, I did not.

Q. Did you hear Karen Williams so testify under oath

in this court in Wasco, Maryland?

A. Yes, I heard it.

MR. BOUTIN: Your Honor, in order to

expedite, may I have a standing objection to this line of

inquiry?

THE COURT: Sure.

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MR. BOUTIN: Thank you, Your Honor.

THE COURT: Continuing objection.

Q. Okay. So --

THE COURT: So noted.

Q. Just threaten to decapitate his knees and head,

sawed-off shotgun in his mouth, page 98, line 7 through 8.

Does that refresh your recollection?

A. I admitted that I heard her say that, but I did

not say that.

Q. Did you say that you were going to defecate on

his mother -- his mother's grave?

A. No, I did not.

Q. Okay. Let's talk about what the Court said.

THE COURT: Mr. Bernath, I'm going to cut

you off here, because I still haven't heard you ask any

questions that are relevant to the petition in front of us.

MR. BERNATH: Okay. I'm trying to show that

he acted in character --

THE COURT: But --

MR. BERNATH: -- which was his habit of

terrorizing people who they picked on as a target.

THE COURT: Well, you need to show that he

did it to you. Showing he did it to somebody else isn't

going to cut it for -- I mean --

MR. BERNATH: Well, I don't want to argue

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with the Court, but 40.180 says I can talk about his habit.

THE COURT: Right. But habit requires more

than one time. Habit evidence is of a standard that is,

you know, birds fly south in the winter, and whether the

sun's going to rise in the morning. I mean, habit evidence

is of a certain nature.

This is not habit evidence, what you're

soliciting. You can't use a prior wrong to try to prove

this wrong.

MR. BERNATH: Well, okay --

THE COURT: You've got to prove to this

court that the allegations you've made about this

respondent are of a type that need to be -- the restraining

order needs to be continued. And I'm going to --

MR. BERNATH: Well, I'm there. I'm there,

Your Honor.

THE COURT: Well, then stick to that issue.

MR. BERNATH: It's very easy, Your Honor.

Lilyea threats to a person called Dallas.


Q. Do you remember sending an email to a guy called

Dallas Whittenberg who said, I'm personally going to stomp

your ignorant ass, I already have your address and the

means to get there? Do you remember sending that email to

Dallas Whittinger of Florida?

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A. You mean Dallas Wickentide?

Q. That's the -- that's -- You pronounce it your

way, I'll do it my way.

Did you in fact send an email saying, I

personally am going stomp your ignorant ass, I already have

your address and the means to get there? Did you send him

that email?

MR. BOUTIN: Before --

THE WITNESS: No.

MR. BOUTIN: -- you answer, objection;

relevancy.

MR. BERNATH: I'm showing his pattern, I'm

showing his habit.

THE COURT: Okay. I'm going to allow you to

answer the question. I'll overrule the objection. Go

ahead, answer the question.

THE WITNESS: Honestly, I don't remember

sending it, but I may have.

THE COURT: All right.


Q. Okay. Let's get to the present. Now, you

testified that your memory -- in Montgomery Court, you

testified your memory isn't real good now; is that correct?

A. No, I'm not saying [indiscernible].

Q. Okay. You have ALS, correct, Lou Gehrig's

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disease?

A. Yes, I do.

Q. Has any doctor told you that there's a mental

component and a mental deficiency related to your ALS?

A. No.

Q. All right. Let me then -- If I ask you a

question, then you can answer it, then?

A. Sure. And that's what I've been doing,

Mr. Bernath.

Q. Okay. Let me ask you this: Do you recall on

February 13th, 2014, on your website, posting this: Here's

your WANTED poster for Daniel Bernath who was never a chief

petty officer, honorably or otherwise. Do you remember

doing that?

A. Yeah, I do.

Q. Okay. Well, you're not here, so I'll read it to

you.

A. You don't need to. I know what it says.

Q. Okay. I'm asking the questions.

A. [Indiscernible].

Q. I'll identify it.

Did you want to say something?

THE COURT: No. Mr. Bernath, let me ask --

The witness has testified that he posted it.

Let me ask counsel, Counsel, do you have any

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objection? Is this what was posted? Do we all agree this

is what was posted online? Since your witness isn't here,

try to move this along.

MR. BOUTIN: Mr. Lilyea, did you create this

poster?

THE WITNESS: No, I did not.

MR. BERNATH: He's trying to cross-examine

him now.

THE COURT: Hold on.

The question was did he post it online, and

he answered --

Mr. Lilyea, did you in fact post it online?

THE WITNESS: Yes, I did.

THE COURT: Okay.

MR. BOUTIN: Your Honor, it appears to be

the poster that's at issue, yes.

THE COURT: Okay. Thank you.

MR. BERNATH: Okay. They'll stipulate to

[indiscernible].


Q. Let's just read some of it.

THE COURT: Well, why don't -- to move this

along, I can read it. If you want to present it to the

Court, offer it as an exhibit --

MR. BERNATH: I just want to know what he

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meant.

THE COURT: What he what?

MR. BERNATH: What this means.

THE COURT: Okay. You can inquire about

what it means.


Q. Okay. Let me ask you a question or two about

this poster that you admit that you posted. Now, all the

stuff where you state that I did this and I did that,

that's the subject of another lawsuit in Clackamas County,

downtown Portland; isn't that correct? So we're not going

to go into that today. Correct?

I'm going to ask you what these said -- what you

said on this poster related to this restraining order.

Correct? That's where I'm going to go.

MR. BOUTIN: Your Honor, object to the form

of the question.

THE COURT: Yeah.

MR. BOUTIN: He said he posted it, he did

not create it, so I'm going to --

MR. BERNATH: I don't doubt that. I know

who posted it, it was Guy Power of NASA.

THE COURT: Okay. Hold on a second. I'm

going to sustain the objection, I agree. That's the

evidence that I understand from the testimony, is that it

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41

was posted but not created by Mr. Lilyea.

MR. BERNATH: That was always my

understanding.

THE COURT: Okay.


Q. And you say that 60,000 people then saw this

poster, correct? That's the [indiscernible]?

A. I'm not exactly sure how many people, but that

sounds about right.

Q. All right. So, "Subject Bernath is a liar."

Would you agree that's a derogatory term?

A. No. Not [indiscernible] if it's the truth, it's

not derogatory.

Q. Okay. So we'll leave that to the Court to decide

if that's a derogatory statement.

"Extremely annoying, there are legions of people

who agree with you." So I won't ask you about that.

Okay. Then you have a red circle with a line

through it, in big black words it says, "fraud," correct?

A. Yes.

Q. Okay. Now, would that be ridicule or harassment

or derogatory? Would you agree with that?

A. Not if -- not if it's true.

Q. Okay. So if it isn't true, then it is

derogatory, correct?

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A. Sure.

Q. Okay. So --

A. [Indiscernible].

Q. -- I'm under oath right now, and I'm going to

tell you that I didn't create this picture.

THE COURT: Mr. Bernath, this is -- this is

not an opportunity to present evidence for you.

MR. BERNATH: Okay. Then I'll proceed.

THE COURT: Yeah, just ask the questions.

Yeah.

Q. "So anyone with information on this POS --" Now,

is that an Army term or a West Virginia term? What is POS,

please.

A. It's an Internet term.

Q. Piece of shit; is that right?

A. As long as you're saying it, yes. I'm not going

to talk like that in court, but go ahead.

Q. What -- Okay. Now, is that what that POS means?

A. Yes, it is, normally.

Q. "To interface with him," does that mean to harass

him? What does that mean, "to interface with him"?

A. It means to make sure that you don't spread your

fraud everywhere else in the world.

Q. Well, how would they do that?

A. By calling you out in public.

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Q. Okay. So if I'm in public, then you would yell

at me and call me out like -- what? How would they

interface with me?

A. Let's say you've been wearing those stripes that

you claim you earned, you didn't earn those, you didn't

earn those medals that you're wearing.

Q. Okay. Okay. So they would do this in public,

correct?

A. If that's where they ran into you, yeah.

Q. Okay. Sixty thousand people or so, you told this

to.

Now, let me ask you this, here's the next

sentence: "Make his life hell."

A. Yes.

Q. You posted that, correct?

A. I'm sorry. What did you say?

Q. This phrase, "make his life hell," you posted

that phrase about me, Daniel Alan Bernath?

A. Sure.

Q. Okay. What did you mean, "make his life hell"?

Did you mean go up to his house and knock on it, send him

emails and tell him he's a fraud, go to the VFW and demand

that they pull his membership? Go to The Oregonian

newspaper and say that he was a fraud? Go to Lars Larson

TV, radio show and say, he's a fraud? Is that what you

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meant by "make his life hell"?

A. I -- No, not necessarily. For one thing, when I

went on the Lars Larson show, I didn't even mention you.

Q. Well, your -- your coconspirator, codefendant,

Terence Hoey, did. Now --

MR. BOUTIN: Well, I'm going to --

MR. BERNATH: He's going to --

THE COURT: Well, I'm going to cut you

off --

MR. BERNATH: Okay.

THE COURT: -- before Counsel says anything,

because there is no codefendant in this case, so we're not

trying any other elements of any other continuing

litigation, just this issue.

MR. BERNATH: Okay.

THE COURT: So --

MR. BERNATH: Okay.

THE COURT: Any more questions about this

document?

MR. BERNATH: Yes. Okay.


Q. When you say "make his life hell," did you mean

that you'd cause him so much stress that he would break out

in stress induced shingles? Is that "make his life hell"?

Was that part that -- that could be part of that?

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A. No. Part of making his life hell would be like,

you know, I don't know, filing frivolous lawsuits all over

the country, you know, things like that.

Q. Okay. So you'd abuse process, but you wouldn't

cause me shingles; is that right?

A. No.

Q. Okay. Well, let me ask you another question.

Now, I told you that my wife has heart palpitations because

of this poster and what you posted. Was this -- was this

making my life hell? Was that part of making my life hell,

to see my wife suffer?

A. The only time that you communicated to me about

your wife's problems was this last weekend where I was

under this restraining order.

Q. Okay. So --

A. So I couldn't even read -- I read part of the

email and I didn't read the rest of it, so -- I certainly

didn't mean for anything to happen to your wife.

Q. Okay. So there is a bright line about how you

make Daniel Alan Bernath's life hell, and it stops at his

wife suffering heart palpitations. Is that your testimony?

A. Yeah, I guess so.

MR. BERNATH: I would move to enter Exhibit

1.

THE COURT: Any objection?

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MR. BOUTIN: No objection, Your Honor.

THE COURT: Okay. Thank you. Any further

questions of this witness?

MR. BERNATH: I have to take a look.


Q. Oh, okay. Now, on your website -- and I'll just

be three minutes -- on your website, and according to

Montgomery County, the lawyer asked you, "So if I see John

Lilyea on This Ain't Hell website, it's because John Lilyea

wrote it?" Isn't that correct, you said that in court and

you would adopt that today?

A. I'm sorry. I didn't understand what you were

saying.

Q. If I see John Lilyea on your website, it's John

Lilyea that wrote it, yes?

A. Yes.

Q. Okay. So how to be a good phony soldier, that

you posted February 9th, 2014. So you said, "So we're

going to give you the thing that you craved when you put

that shit on." Correct?

A. Well [indiscernible].

MR. BOUTIN: Objection.

THE WITNESS: It wasn't said to you, it was

said generally to the public. It doesn't say, "dear Daniel

Bernath."

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Q. February 9th, 2014. This was -- We're talking

about your motivation to do what you did to me.

Now, you're really unhappy that the Stolen Valor

Act was knocked down by the Supreme Court. You said, "Even

though what you're doing is not illegal, it's not immoral."

The Supreme Court -- And I want to focus on this

sentence, "The Supreme Court case of US versus Alvarez gave

us a warrant to hunt you down and bring you to the justice

of public opinion." Isn't that your feelings?

A. Yeah, I wrote that.

Q. And I shouldn't go to my wife because, your

words, "it makes you look like the giant pussy you are."

Those are your words?

A. I wasn't talking to you, was I?

Q. No.

A. I made a general statement. It was not made to

Daniel Bernath.

Q. So I'm part of the general, aren't I?

A. No, because as a matter of fact, I was thinking

of somebody completely different when I wrote that line.

Q. Is it -- is this thing still on your website even

as we speak?

A. Yes, it is.

Q. "You're only going to be further humiliated if

you do it in the public forum." That says, don't sue me,

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right? You remember saying that?

A. Yeah, I wrote that.

Q. "I sleep with a .45 by my bed. I have another

.45 in my work space, and I carry a .357 Magnum on my hip

at all times."

A. Yeah, I'm -- To keep that statement in context, I

said, "Don't make death threats to me because I have a .45

by my bed, I have a .45 in my work space, and I carry a

.357 on my hip."

Q. Well, okay. We'll look at those weapons in just

a second.

THE COURT: Mr. Bernath, I'm going to stop

you here for a second.

MR. BERNATH: Could I have one more minute?

This is the key point.

THE COURT: Okay. Then get to the key

point.

Q. You're really angry about the Alvarez case, US

versus Alvarez, as you've testified. And I'm going to read

this last statement because I told you to remove it, I

said, is this still your feelings, and it's still up there,

but, "This Ain't Hell and all of our partners are the stops

and dunking chairs in the village square of the Internet, a

place where folks can come and throw rotten tomatoes at

valor thieves. The Supreme Court gave us a warrant to be

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the Internet's vigilantes and bounty hunters." You said

that, it's still on your website, correct?

A. Sure.

Q. Okay. I just want -- Isn't that funny how you

can never find something when you want it.

I have here Exhibit 8 and 9, and this looks to be

some sort of military rifle with a scope, and at the top

there's a -- looks like it could be a Glock .45 with

30-bullet magazine. This is something that I found on the

Internet under your name. Does this sound like a picture

that you posted of your arsenal?

MR. BOUTIN: Objection, Your Honor. We need

to identify it so he can speak to what's appearing in this

photograph.

MR. BERNATH: I identified it as

Petitioner's number 8.

THE COURT: I'm going to --

MR. BOUTIN: The witness --

THE COURT: I'm going to sustain the

objection, I think it's too vague. You can ask him if he

owns guns, he's testified about certain guns, but just

saying -- asking a question about something you might have

found on the Internet, I'm going to sustain it.


Q. Okay. Is this a picture you posted on the

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Internet? You did mention that you have a large magazine

for your pistol because it pisses people off because they

think it's scary looking. Is that correct?

MR. BOUTIN: Your Honor, same objection.

The witness cannot identify the photograph and the witness

has --

THE COURT: Yeah, I'm going to sustain it.

MR. BOUTIN: [Indiscernible].

THE COURT: You can ask him if he's posted

pictures on the Internet of guns he owns.


Q. Do you have a picture of guns on the Internet

including one with a 30 or so bullet magazine, and you got

that magazine because it makes people angry or pisses them

off or something like that? Yes? No?

A. Yeah, that picture that I posted, I posted about

three years ago, before I knew who Daniel Bernath was.

Q. You didn't take them down when you started your

campaign on me, though, did you?

A. No.

Q. Okay. Now, looking at Exhibit No. 10, and it is

a postcard, it says, "Cafe Press is a place to put the

stamp, a place to put the address," and it's the -- it's

the poster again. So did you take this poster and have it

printed up so that people could mail it all over the

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country?

A. No.

Q. Okay. Do you know who did that?

A. Yes.

Q. Who did that?

A. I'm waiting to see if my lawyer objects.

Q. He isn't.

MR. BOUTIN: Go ahead.

THE COURT: You can answer the question.

THE WITNESS: Okay. Yeah, I know who it

was. It was one of my readers, Frankie.

Q. Okay. Frank Carlisle, correct?

A. I -- I do not know him by Frank, just --

Q. Frankie C, correct?

A. Yeah.

Q. Okay. Now, one of your readers --

And I don't know how much time you want to spend

to get into how much control he has over them --

THE COURT: Right.

MR. BERNATH: -- but I'm going to read this

to the Court.

THE COURT: I'm going to cut you off,

because here's the problem: Petitioner, you're making a

strong case about what you think are defamatory statements

made by --

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MR. BERNATH: No, Your Honor.

THE COURT: -- Respondent, or statements

that you think are intended to injure you.

MR. BERNATH: I'm just tracking the statute,

Your Honor.

THE COURT: I understand where you're trying

to go, and I appreciate that you're doing the best you can

with what you've got. The -- But so far I'm not hearing

evidence to meet the statutory requirement. What I hear is

an ongoing battle between two people about what or was not

the truth about this picture.

And I hear things being said that are

derogatory and are disconcerting, but that's what civil

defamation lawsuits are for.

Restraining orders -- The statutory

requirement for a restraining order for elder abuse

requires something higher than what I'm hearing, so I --

And I've read your petition, and I'm not hearing anything,

I'm not seeing anything here that's different than what

evidence you're presenting.

MR. BERNATH: Well, could I argue the point?

THE COURT: You need to -- Yes, you need to

connect the dots --

MR. BERNATH: Okay.

THE COURT: -- because at the end of the

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day, clearly, you have a conflict with this gentleman, and,

clearly, you don't appreciate what he's saying about you.

MR. BERNATH: Well, it rises much higher

than that.

THE COURT: Well --

MR. BERNATH: I'm looking at the statute, it

says ORS 124.005 1 (a), any physical injury caused. It's

causing me stress, causing me shingles, painful shingles.

ORS 124.005 1 (d), willful inflicting of

physical pain or injury. 124.005 1 (e) -- and this is the

point, you know, it could be defamation, but I don't care

if he calls me a poo-poo head, and they do, you know, the

equivalent of that. What I care about is they set loose

this torrent of people to harass me.

Now -- and it could be defamation too, but

it sure fits right into 124.005 1 (e), using derogatory or

inappropriate names, phrases or profanity, ridicule,

harassment, coercion, threats, cursing, intimidation,

conduct of such a nature as to threaten significant

physical, emotional harm to the elderly person.

This is the crux of the case. Him turning

loose 60,000 people on me around the country fits squarely

within 124.005 1 (e).

I have one last statement before I release

this witness, if I may. This can go on for another

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half-hour to prove that he actually controls them, and

he...


Q. "A tall, muscular man in a hammer and cycle

beret, Markov pistol in his hands, you can't take it any

more, you're raised to the rafters, affix a rope to one of

them and end your reign of terror by your own hand."

Now, this is HS Sophomore, okay, he said that.

Does this fit into what you meant when you said "make his

life hell" on the poster that you admit that you posted to

60,000 people?

A. I'm sorry. What was the question?

Q. No question. Forget it.

THE COURT: Do you have any other evidence

you want to offer? Are you finished with this witness?

MR. BERNATH: Yes.

THE COURT: Okay. Any re -- cross?

MR. BOUTIN: I will inquire of Mr. Lilyea

later, Your Honor.

THE COURT: Okay. Now --

MR. BERNATH: Now, if I'm going to testify,

then, do I go there or can I stay here?

THE COURT: No. You can remain seated. So

tell me what other evidence you want me to consider.

MR. BERNATH: Okay. I want to show you the

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physical -- Pursuant to 124.015 1 (c) (4), and I'm looking

at the Elderly Persons and Persons With Disabilities Abuse

Prevention Act Bench Guide.

I broke out in shingles because of the

stress being caused to me because of the poster, and

Exhibit 3 is one of that.

Exhibit 4 also shows the shingles that I

broke out in. Exhibit 5 shows the early signs of shingles,

and then 6 shows the advanced stage, and then 7 shows the

aftermath.

Now --

THE COURT: Are you testifying those are

pictures of yourself?

MR. BERNATH: This -- These two are medical

pictures.

THE COURT: Got it.

MR. BERNATH: I called the VA, and he said,

drop what you're doing, come in right now. So I stopped it

before it got to -- to this, but the pain was just as

great.

THE COURT: I just want evidence of what

you're saying you have. If you have a picture of yourself

that you want to offer into evidence of the shingles that

you say were caused by the respondent, show me that

evidence.

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MR. BERNATH: Very good. 3, 4, 5. Shall I

approach the bench or --

THE COURT: Show them first to Counsel.

MR. BERNATH: He's seen them.

THE COURT: Counsel, do you have any

objection to the photos?

MR. BOUTIN: No objection to the photos, if

a foundation is laid.

THE COURT: Okay.

MR. BERNATH: I move them into evidence.

THE COURT: So I -- Counsel's noting that

the foundation's -- I want to hear for the record, you're

telling me these are pictures of you?

THE WITNESS: Yes.

THE COURT: And when were they taken?

MR. BERNATH: April --

THE COURT: Of what year?

MR. BERNATH: -- 14th, of 2014.

And I had medical treatment. They said,

drop what you're doing, come to the VA right now.

The doctor came out from meeting with a

patient to meet with me. He examined me along with a

paramedic. And they immediately gave me some sort of drug,

but the drug didn't stop the pain, it only stopped the

outbreak of the blisters.

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THE COURT: I'll allow the photos, so

exhibits -- Petitioner's Exhibits 3, 4 and 5 are admitted.

Any other evidence that you want to offer?

MR. BERNATH: Yes. So after the poster was

made on 3/16/14, there was a knock on my door, no one was

there, I saw bushes near the street moving.

At 3:50, this is Tigard, Oregon, I get to

the door, there's no one there, no message, no deliveries,

it's a Sunday. I see the bush moving.

5/11/14, knock on the door, nobody there.

5/12, 1:29, heard a knock on the door, looked out, saw

nobody. It sounded like it was on the glass, like a light

knock, knock, knock.

And then 5/23, 1:15, I hear a loud knock at

the front door. I hear a loud knock at the front door, I

look out, no one's there.

The National VFW contacts me and says that

they're going to begin a hearing to expel me. The local

Tualatin VFW --

MR. BOUTIN: Objection; relevance.

THE COURT: Yeah. I'll sustain --

MR. BERNATH: This has unleashed hell on me,

and I'm --

THE COURT: I understand your position,

[indiscernible] but evidence relevant to this, so --

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MR. BERNATH: Well, this is what he did.

The Oregonian calls me, writes me, says that

I'm a fraud, he's going to publish tomorrow. Lilyea

says -- Lilyea says -- On the email, they said, when are

you going live. And Lilyea says, tomorrow, meaning -- and

then they said what -- what publication. And they said,

The Oregonian.

So I had a discussion with The Oregonian and

explained to them that it wasn't true and that they'd pay a

severe price, and they didn't publish anything. So Lilyea

directing The Oregonian.

So if I could just have a moment with my

thoughts.

THE COURT: Okay.

MR. BERNATH: And then I'll be done.

MR. LILYEA: I'm still the witness, right?

THE COURT: You'll get your chance, your

lawyer can ask you questions in a little bit.

MR. BOUTIN: Just stand by, Mr. Lilyea.

We'll get to you shortly.

MR. LILYEA: All right.

MR. BERNATH: Okay. That's all my testimony

at this point.

THE COURT: Okay.

MR. BERNATH: I do -- I do want to enter

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Exhibit 13. I mentioned that this is where Lilyea posted

the WANTED poster to 60,000 people.

You've seen this, right? Took a long time

to read it.

MR. BOUTIN: No objection to 13.

THE COURT: Okay.

MR. BERNATH: I move it into evidence, Your

Honor.

THE COURT: All right. I'll accept

Petitioner's 13 with no objection.

Thank you. Okay.

MR. BERNATH: So that's all I would have at

this point.

THE COURT: All right. So Petitioner will

rest his case in chief.

Respondent, you call -- you want to call

Mr. Lilyea?

MR. BOUTIN: No, I'd like to cross-examine

first, before we get to the end of his case --

THE COURT: Okay.

MR. BOUTIN: -- in chief, if I may.

THE COURT: All right. You may do so. I

apologize.

MR. BOUTIN: I'd like to go back to Exhibit

13. And that's the only copy we have, Your Honor, so --

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THE COURT: Sure.

MR. BOUTIN: -- if I may get it back from

the Court.

I will represent to the Court that it seems

to be some 40 pages of material. By survey, I believe that

the only material in here by Mr. Lilyea is on page 32 and

on page 40 --

MR. BERNATH: Is there a question for me,

Your Honor?

THE COURT: Just a minute.

MR. BOUTIN: Getting to it.

CROSS-EXAMINATION

BY MR. BOUTIN:

Q. I would like to ask Mr. Bernath if that is indeed

correct, or does he contend that any of the other material

in this exhibit is authored by Mr. Lilyea?

A. I would have to say yes.

Q. Okay. Can you tell me what posting names you

believe are authored by Mr. Lilyea?

A. I don't know at this time, but he had control

over --

Q. Okay. No. I want to know, what are you saying

to the Court is material here that is a statement that was

made by Mr. Lilyea?

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61

A. Well, let me look. You have the -- Unmarked, the

page 1, "Here's your WANTED poster for Daniel Bernath who

was never a chief petty officer, honorably or otherwise."

So he said that. And then page 2 --

Q. Can we go back a second. So this is the mark on

page 1. All right.

A. And then page 2, where he posted the WANTED DEAD

OR ALIVE, I guess, poster, and that's highlighted in

yellow.

Item number 36, John Lilyea states something to

Mr. Bernath that has his name on it, so that, based on the

testimony of Mr. Lilyea, I would have to say that's

Mr. Lilyea for sure.

Q. That's the material on page 32 that I referenced.

Go on.

A. And then a second post that says John Lilyea.

And then on page 33, "I told that poor woman in Topeka, has

filed harassment complaint with the local police, John

Lilyea says --"

Q. I'm not asking you to read. I'd just like you to

tell me, is there anything other than the material on page

1, page 32 and page 40 that you contend is a statement made

by Mr. Lilyea?

A. Yes.

Q. Tell me which ones those are, other than those

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62

statements that I've referenced.

A. Okay. I would have to say that based upon his

ability to change names on his website that I cannot give

an accurate answer. Looking only to his testimony in

Montgomery County Court where he said --

Q. Well, without getting into that --

A. -- that [indiscernible] --

THE COURT: Hold on. Let me make this

simple.

If you know that it's him, and you testified

that it's page 1, page 32, page 40, if -- Do you have any

other way of establishing that it's him? If you don't

know, then you don't know.

THE WITNESS: Oh, I see what you're saying.

Well --

THE COURT: Because, I agree, you can't know

if someone's using a different name, but if you have

evidence that it's him, show [indiscernible].

THE WITNESS: Well, I don't even know if

John Lilyea said these things except by his own testimony.

And we have other judges who say that he doesn't -- I had

it in my hand but I gave it back to Counsel, it was about

the woman in Topeka. And he told the woman in Topeka that

she should sue me. So that was another one. I don't know

where it is in this.

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THE COURT: Okay.

THE WITNESS: So that was another example of

him making my life hell [indiscernible] people.

MR. BOUTIN: So we'll direct the Court's

attention to the only relevant parts of this document,

which are -- Page 1 and page 40 are the same, Your Honor.

THE COURT: Okay.

MR. BOUTIN: And page 32 is a -- Well, the

document speaks for itself.

THE COURT: Okay. Thank you. Okay. You

may continue your inquiry.

BY MR. BOUTIN: [Continuing]

Q. Mr. Bernath, where do you reside today?

A. I slept last night in Tigard, Oregon.

Q. Is that a residence that you have?

A. No.

Q. Where is your residence?

A. I -- You're asking a question of ultimate fact.

I have residence in Florida, I take cruises, I've been to

six -- ten states in the last month or two where I've

resided.

Q. How long did you reside in each of those

locations?

A. In Florida, weeks or months at a time. Cruises,

weeks. The places in the United States, I'd say 24 hours

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or so.

Q. Do you -- What is your address when you reside in

Florida?

A. I'm not going to tell you.

THE COURT: You need to answer the question.

THE WITNESS: 3900 Summerlin, Fort Myers.

I'd ask for a protective order because they

have already started to haunt me in Florida, and gave a --

an address that they think it is based upon what -- who

they think I'm married to, and my daughter.

This is how relentless they are, making my

life hell. So I'd ask for a protective order

[indiscernible] send me something.

THE COURT: Well, open testimony in court, I

can't --

THE WITNESS: I'm not going to put my wife's

life in danger. So you can put me in jail for contempt,

because I'm not going to tell him where I lay my head,

where my wife is.

THE COURT: Well, let's -- we'll let Counsel

inquire, we'll make a judgment each --


Q. Is 3900 a residence or is that a mailbox?

A. That's a mailbox.

Q. So that's not a residence?

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65

A. You said it, yes.

Q. All right. And are you otherwise refusing to

disclose where you reside in Florida?

A. Yes; that would be the noticed motion for a

protective order. I'm not going to tell you where I am

after you sit here and make my life hell. And that would

be targeting my wife and daughter.

Q. Okay. I'm going to hand you what I've marked a

copy of Exhibit 101 --

THE COURT: Thank you.

Q. -- and ask you if you recognize this document.

A. No.

Q. Do you deny that you were convicted in US

District Court in case CVB OR45-1208446?

A. I don't --

Q. -- of disorderly conduct?

A. I don't know if a -- what amounts to a traffic

ticket is a conviction. It may be a violation.

Q. Well, nice restructure of the question, but we're

not talking about a traffic ticket, sir. We're talking

about disorderly conduct.

Is that -- Are you the defendant in this case or

is that a different Daniel Bernath?

A. No, that's me.

Q. Okay.

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THE WITNESS: Could I ask for relevance,

Your Honor?

THE COURT: I'll -- I'll overrule the

objection. I think it's relevant, I'll allow it.

MR. BOUTIN: Offer the exhibit, Your Honor.

THE WITNESS: This relates to Dan Hyatt, for

the last four years [indiscernible].

THE COURT: Well, I'll let you testify about

that --

THE WITNESS: Okay.

THE COURT: -- in response, but I'll allow

it for now. Exhibit 101's allowed, Respondent's 101 is

allowed.


Q. Mr. Bernath, do you drive a car?

A. Yes. Well --

Q. Fly an airplane?

A. Yes.

Q. The reason you resided in ten different states in

the last six weeks is because you flew your airplane to

Florida?

A. I don't understand what you're asking me.

Q. You said you testified [sic] in ten different

states in the last couple of months. Is that because you

flew your airplane to Florida, is that why you resided in

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ten different states?

A. I wouldn't -- approximately ten different states.

I don't know what you mean by the airplane.

Q. Okay. Did you land in ten different states when

you flew to Florida?

A. Approximately, yes.

Q. Okay. When you said you resided in ten different

states, did it have anything other to do than your trip to

Florida in your airplane?

A. No. I was a tourist, I sought instruction.

Q. I'll hand you what's been marked -- a copy of

what I've marked as Exhibit 102. This is an email that you

sent to me on May 16th. Were you in Florida when you sent

me this email?

A. I don't remember.

Q. You say, "We are putting down tile in our new

home in Florida," and the subject line is "I'm going to

take a nap, then go to Home Depot." Does that refresh your

recollection?

A. No.

Q. Do you have any trouble laying tile, sir?

A. I don't lay tile.

Q. Then why did you write here, we are putting down

tile in our new home in Florida?

MR. BERNATH: I object. He's assuming facts

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not in evidence. I don't remember ever saying this and I

don't know where this email came from.

Q. Do you deny that you are Daniel Bernath at

[email protected]?

A. Do I deny that?

Q. Yes.

A. I use that account from time to time, yes.

Q. So you acknowledge that that's your email

address?

A. What do you mean by mine?

Q. Do you send email using that address?

A. From time to time. However, I have no

recollection of this email.

Q. Okay. Are you denying that you sent this email

or are you simply saying you don't recall it here today?

A. I don't recall.

Q. Okay.

A. I don't lay tile too, by the way.

Q. Okay.

A. Or Photoshop.

Yes?

THE COURT: Just answer the questions.

Q. Hand you a copy of what I've marked as Exhibit

103, ask you to read that exhibit. I'm not going to ask

you if you've seen it before because I don't think that you

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have, but it seems to -- purports to be a copy of your

service record. Is there any information on this document

that is inaccurate today?

A. I'm not in the Navy any more. Is that what

you're asking me?

Q. I'm asking if any of the information on this

document is inaccurate today.

A. I was discharged from the Navy from active duty

in 1970. This is 40 years ago, 44 years ago, it's totally

irrelevant to anything here.

THE COURT: That's not the question. The

question is --

THE WITNESS: I made an objection, Your

Honor.

THE COURT: The question is is this -- And

what's your objection?

THE WITNESS: It's totally irrelevant, it

doesn't prove or disprove anything in substantial dispute

or will prove or disprove any element. That I was in the

Navy 44 years ago has nothing to do with anything.

THE COURT: Well, you earlier testified that

this was -- that this photo in this situation is not

accurate. This evidence is a contention that it is

accurate, so I'm going to allow it --

THE WITNESS: All right.

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THE COURT: -- so answer the question.

THE WITNESS: This looks to be a -- I don't

know. I can't -- I can't -- I've never seen this thing

before. Even though I sent you my exhibits, I don't know

what's accurate or inaccurate on that.


Q. And hand you what's been marked as Exhibit 104

and ask you if you recognize this document.

A. Ask me what?

Q. Do you recognize this document?

A. No.

Q. Do you know John Shepard?

A. No.

Q. I'm going to hand you what's been marked as

Exhibit 105 and ask you if you recognize that document.

A. Yes.

Q. Okay. What is the source of this document?

A. The -- I ran for school board in Tigard-Tualatin

in 2005, and I had a professional photographer make a

portrait of me. You see that picture's 20 years old or so.

And the rest of the picture, I have no idea what it is.

But from my whiskers to the top of my bald head is a

picture the professional photographer took 20 years ago of

me. The rest, I have no idea.

Q. Do you know who made that document that's Exhibit

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105?

A. You didn't mark it. What's 105?

Q. That's the one of the photo of your head.

A. Do I know who -- what?

Q. Do you know who created that image?

A. I think Mark Seavey did.

Q. Okay. Do you have any reason -- why do you

believe Mark Seavey created this?

A. Because he also put my head on a lieutenant

commander or a captain's head.

Q. Do you know of a website called A Special Day?

A. Yes.

Q. What is that website?

A. It's a root directory that has many websites

attached to it.

Q. What is your affiliation with that website?

A. None.

Q. Do you post on it?

A. No.

Q. Do you control it?

A. No.

Q. Do you know who does?

A. No.

Q. Let me hand you a copy of what's marked as

Exhibit 106. I'll represent to you that this is a

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photograph of what was appearing on A Special Day, and it

was downloaded in my office on Monday of this week, where

the identifier at the top of the web page was Daniel

Bernath. Do you know why your name would appear as the

creator of this website?

A. No.

Q. Do you recognize any of the content that appears

on this website?

A. No -- Well, yeah. I think it's -- Just a second.

I would say it's probably Mark Seavey, because Mark Seavey

of the American Legion has Photoshopped a picture of me as

a Navy captain. And it's unmarked, it has no numbers on

that, but this is -- Mark Seavey sent this to me and he

made me a Navy captain, so...

Q. And you're a friend of Mark Seavey who's the

general counsel of the American Legion?

A. No, he's not general counsel. He's the new media

director of the American Legion, which means that he is --

as he says, he's tasked with terrorizing veterans who they

think are misusing the uniform, or not wearing the uniform

correctly. So this is what he sent me.

And I -- if I can mark this as my next exhibit --

THE COURT: Well --

MR. BOUTIN: Few more questions and then I

think we'll be at the end of the cross-examination.

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THE COURT: Okay.

Q. The first image that appears out of the 62 pages

of this website from Monday has a picture of John Lilyea,

and it accused Mr. Lilyea of being a murderer. Do you know

who created that image?

A. No.

Q. The second page has a further picture of John

Lilyea, and it seems to imply that he had something to do

with posting heads of victims on pikes. Do you know who

created that image?

A. I know that John Lilyea said that.

Q. No. Do you know who created that image?

A. No.

Q. Do you recognize -- Did you create any of the

other images that are on this page?

A. Absolutely not. I know nothing about Photoshop.

Q. And you know nothing about the This Ain't -- the

A Special Day website?

A. That's right.

Q. Did you at any time in the last ten years operate

A Special Day as a website?

A. No.

Q. Did you ever have a photography business called A

Special Day?

A. Yes.

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Q. Did you operate a website for it then?

A. Yes.

Q. And that was called A Special Day?

A. Yes.

Q. And you were a photographer, correct?

A. I was a photographer, yes.

Q. And you were a photographer's mate in the Navy?

A. Yes.

Q. And you know nothing about Photoshop?

A. Photoshop was invented in 2000 -- the year 2000

or something. I stopped being a photographer's mate --

Q. Are you taking any medications today?

A. Yes.

Q. Have you ever met John Lilyea in person? Have

you ever seen him in person?

A. You mean where I looked at him and saw him?

Q. Have you ever seen him in person?

A. No. I've avoided him.

Q. Have you ever seen him at your house in Tigard?

A. I believe I saw him moving the bushes or an agent

of him moving in my bushes.

Q. No. Did you ever see Mr. Lilyea at your house in

Tigard, you saw his body, his face, you saw that's who it

was?

A. Objection. You've got a compound question. Did

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I see his body? No. Did I see face? No. Did I see his

activities? Yes.

Q. Your earlier testimony is you saw no one all the

times that you said there was a knock on your door. Is

that still your testimony?

A. Yes.

Q. Are you employed?

A. No.

Q. When was the last time you were employed?

A. Since the VA declared me disabled and Social

Security disabled. Let me think. That must have been

right when judge -- ALJ Hyatt attacked me, so that would be

two thousand -- four years ago.

Q. And when you say Judge Hyatt attacked you, that's

the conduct that led to your criminal conviction for

disorderly conduct?

A. No.

Q. It was some other conduct that led to that

criminal conviction?

A. Yes.

Q. What conduct was that?

A. I walked to the elevator with [indiscernible] I'm

pointing to my case, with my crutch -- may not even have

had a crutch.

I walked to the elevator. Dan Hyatt, who's just

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been suspended for petting women on the fanny, as a judge,

was already in the elevator. He ran to the front of the

elevator, he yelled at me that I'm not going to get out of

the elevator, I was surrounded by people. He then chest

beat me twice.

I then came to this court and got a restraining

order him -- against him the next day. I then went to

court because he's a federal --

THE COURT: Where are you going?

THE WITNESS: He --

THE COURT: He asked a question, and you're

going beyond the scope of the question.

So any further questions, Counsel?

THE WITNESS: Well, I want to answer that --

MR. BOUTIN: A few more things.

THE WITNESS: -- what I was convicted of.

THE COURT: Well, he -- you answered it

wasn't [indiscernible] conduct. I want to make sure --

MR. BERNATH: Well, no, they called that

disorderly conduct in that I blocked the elevator that the

judge was blocking while people were around me.

THE COURT: So you were convicted as it

relates to the incident with the judge.

MR. BERNATH: I was convicted of blocking a

blocked elevator.

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THE COURT: Okay. We have the answer. Go

ahead, Counsel.


Q. When was the last time you were employed?

Approximately four years ago?

A. That's my recollection. Let me think. I've

reactivated my bar license, because I'm looking at taking

on a case against Yelp of California, so I haven't filed

that yet. So at what point I become employed again, I

don't know.

Q. When was --

A. Did that take the wind out of your sails,

[indiscernible] question?

Q. It's so awkward to try to figure out where you're

going, sir. [Indiscernible]?

A. You answer -- ask the questions, I'll answer

them, Counsel.


Q. How many times have you appeared on the

television show Grimm?

A. Oh, that's right. Okay. I was on --

THE COURT: I'm going to stop. Why is this

relevant to this?

MR. BOUTIN: We're going to get to one

further issue. And I'll withdraw the question. Thank you.

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THE COURT: Okay.

MR. BOUTIN: All right. I have no further

questions. I take it, unless there's some rebuttal

testimony, at this point we're at the end of the case in

chief.

THE COURT: Under [indiscernible] case.

MR. BERNATH: You know, I have some things I

want to point out.

THE COURT: Well --

MR. BERNATH: The restraining order I got

against Judge Hyatt, it lasted for a year.

The captain's head, John Lilyea, a partner

of -- Mark Seavey, a partner of Lilyea, made this Photoshop

of me with a captain's body. The pike where he's -- What

happened, as I testified, five people, they have pushed to

suicide.

THE COURT: This is --

MR. BERNATH: This is my testimony, I'm

referring to that.

And they were discussing it on This Ain't

Hell. And some of them said, well, F him, he got what he

deserved, it's a warning -- it's a warning to others.

And Lilyea said, we're going to leave this

all up -- and I'm paraphrasing -- we're going to leave all

this stuff up about how he attacked this guy as heads on a

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pike on the way to our community. This is what John Lilyea

posted.

As for A Special Day, Counsel, maybe he did

it inadvertently, misunderstands and gives the Court bad

information.

A Special Day is a group directory. Over

the years there have been A Special Day dentists, A Special

Day law office -- what was her name -- A Special Day

travel.

What I'm -- What I'm saying is that it

was -- A Special Day guide was a root directory that I used

at one time, and that other businesses were permitted to

hang onto that and thereby bypass having to buy a whole

server plan of $50 a month. They could simply be a

directory off of the big directory and then have a redirect

to their website.

So what is going on here, this -- This Ain't

Hell appears to be like the dentist, the doctor, the lawyer

who merely have websites that hang onto that so they don't

have to pay a server company $50 a month.

THE COURT: Okay. Anything else to add to

your case --

MR. BERNATH: No, Your Honor.

THE COURT: -- in chief? All right. So

Petitioner rests?

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MR. BERNATH: Yes.

THE COURT: Okay.

MR. BOUTIN: At this point, I'm going to

renew my motion to dismiss on the basis of jurisdiction.

He's got the burden of proving that my client is subject to

the jurisdiction of this court, and he's not.

Further, I would move to dismiss for two

other reasons: Mr. Bernath is not 65 years old, he is 64.

He did not bring this as an elderly person, he brought this

claim as a disabled person; he has put on no evidence to

indicate that he's in any way disabled. So that's a

failure.

Further, he has not put on any credible

evidence that he has been harassed or abused within the

context of this particular statute, Your Honor, nor has he

put on any evidence to indicate that he was in imminent

danger of further harassment and abuse.

As the Court has noted, clearly, Mr. Lilyea

and some other people do not appreciate some of

Mr. Bernath's conduct. Clearly, Mr. Bernath does not

appreciate some of Mr. Lilyea and other people's conduct,

but that is not what the point of this intention is. Why

is this important. Because, first of all, I still happen

to believe that the law's important and it needs to be

enforced according to what it is. I also believe that this

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is abuse of the restraining order process.

The Court can take judicial notice that in

addition to the Clackamas County case where the

fraudulent -- the perjurer's declaration was filed, there's

also litigation pending in Multnomah County Circuit Court,

Case 1401-00633, in which Mr. Bernath is prosecuting claims

for intentional infliction of emotional distress, and he's

using in those cases the finding of this Court.

This is a -- He uses this restraining order

as prima facie evidence of things that it is not. So it is

important to address this and deal with it within the

context of the law.

He has not proven he's disabled, he has not

proven he's been abused with any intention of this, he has

not -- statute. He has not proven that he's in imminent

danger of further abuse.

All he has testified to is that on four

occasions -- on three of which Mr. Lilyea was in

Washington, DC, according to the record that he makes in

his memorandum in opposition to the telephone appearance --

there were rattling of the bushes and he saw no one. That

is the whole of the testimony. And on the strength of that

testimony, the Court should dismiss it at this time.

MR. BERNATH: Well, he brought up new

evidence in his closing argument. He brings up the lawsuit

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downtown. Now, I -- I'm a defendant in a cross complaint

up there. Judge Hyatt has sued me because I brought a

restraining order against him four years ago.

THE COURT: I'm -- I'm going to strike that

reference to any evidence and the argument that Counsel's

made that's not been presented here so far.

MR. BERNATH: Okay. Now he says that I

haven't proved that I'm disabled. He asked me the

question, I said yes, ever since I was disabled in -- four

years ago. So I've done that.

I don't know if you want this, this is the

VA saying I'm 100 percent disabled, and America is grateful

to you for your service, and here's the medication I was

given, but I testified as to that.

As to imminent harm, I'll be brutally honest

with the Court. When I brought -- and I always have been.

When I brought the temporary restraining order, the death

threats stopped. And as I told my wife, I want the death

threats to stop. They can call me all the bad names they

want to, but the death threats have got to stop.

So now they don't say we're going to curb

stomp you, which is what they said, you douche tool,

they're not going to say those things any more, and they

have stopped when I brought the temporary restraining

order. So --

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MR. BERNATH: So I always look at it this

way, I'm the lawyer, I bring you the facts, my job is to

bring you the facts. I bring you the law, and you can do

what you want to do, and that's why you're there, and I'm

here. I think that it would serve the public, it would

serve me and my family if he was ordered to stay where he

is and never come at me again.

The WANTED poster -- and I know you won't do

that because that would be going outside the record, but

you could go to Google and say, "wanted, Bernath," and my

WANTED poster, the one that's Exhibit 1, is right there for

the next 60,000 people to look at and unleash hell on me.

And that's what I want the restraining order

to do is say stop talking about me. You can call me all

the bad names you want to. They call me Bernasty pants,

and I'm like, well, this is like junior high school stuff,

you know. But it's the telling people to make my life

hell -- no, make his life miserable, and they have, that

should be stopped.

And an order from you to tell him to not

mention me again in the future would put this all to rest.

There's no reason this WANTED poster should

stay up, that John Lilyea presents to 60,000 people a day,

it looks like.

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And that's -- that's all I've got to say.

Thank you, Your Honor.

THE COURT: Thank you.

Counsel, one quick thing, on Crocker and

Evers, you've been patient, you guys. We've got -- Judge

Butterfield will take the case at 3:30, so you can have it

heard today.

A VOICE: Okay. Thank you, Your Honor

[indiscernible] I've already released some of my witnesses.

THE COURT: Have you --

A VOICE: I had the impression that we were

just not going to get to this.

THE COURT: Oh. Well, okay. Because

they've been trying to find a judge for you, that's what

we've been doing for the last couple hours.

Is there any way you can recover those

witnesses, is it possible to call?

A VOICE: I don't know.

THE COURT: Because Judge Latourneau cannot

hear the matter next week, that's the problem.

A VOICE: And I don't know if we'll be able

to finish this in an hour and a half either.

THE COURT: Well --

A VOICE: [Indiscernible].

THE COURT: I mean, the opportunity to start

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it at least today might be worth it, then, with Judge

Butterfield, and you can try to continue it, get on his

calendar. I mean, otherwise you're going to be looking for

a long time to get on somebody's docket.

I don't know if you two want to chat outside

about that and let me know, but he can take it at 3:30.

And when I finish this matter, we can take it up if we can

set a record of what we're going to do for the next steps

in the case.

A VOICE: Okay. Thank you.

THE COURT: All right. [Indiscernible]

Thank you, gentlemen [indiscernible]. Okay.

MR. BOUTIN: So, Your Honor, we'll take

exception to the part of Mr. Bernath's marriage which was

outside the factual evidence that's been presented today.

THE COURT: Right.

MR. BOUTIN: The issue still is what is the

purpose of a proceeding under Chapter 1.4. As the Court

has observed, in dicta, there are other forms for the rest

of this junior high behavior, I understand all of that, but

for purposes of respecting Chapter 124, basis of the motion

is restated, he has not put on evidence that he's disabled,

he has not put on evidence that he's been abused, he's not

put on evidence that he's in imminent danger of abuse, and

he has not proven that Mr. Lilyea is subject to

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jurisdiction of this court.

MR. BERNATH: Okay. Since he

[indiscernible] argument --

THE COURT: Hold on.

MR. BOUTIN: And at the closing of his case

in chief, he has not met his burden.

THE COURT: I understand. I understand

where we're at. Let me -- Like I said at the start of the

case, at the end of Petitioner's case in chief, we turn and

look at the evidence and decide what's here as to whether

or not the burden then shifts to Respondent to address or

counter the evidence that's presented.

I have to say for the record, the actions of

all of the parties in this case is disappointing. It's

disappointing that there are issues with behavior online,

you're all throwing mud back and forth about statements

made and things done online, but I am bound by the statute

and the evidence.

And the requirement to continue a

restraining order is evidence sufficient to prove fear of

future harm. And you've got to tie that harm and the fear

of that harm to the respondent.

It's clear the petitioner may be subject to

other people who are making comments. I mean, the evidence

is clear. You've offered evidence about many people that

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may be saying derogatory things that you contest or contend

are not true. I'm not here to pass judgment on them one

way or the other. I'm only here to determine whether or

not this respondent -- whether the restraining order should

be continued.

And I do not find that the evidence meets

the statutory requirements to continue the restraining

order. I appreciate your dealing with a problem from

people --

MR. BERNATH: Well, I appreciate that

[indiscernible] no need to hear your voice.

THE COURT: -- [indiscernible] you're

dealing with, but I --

MR BERNATH: I believe that I meet the

statute specifically, and I'll just take it to the next

court.

THE COURT: Well, that's --

MR. BERNATH: So --

THE COURT: -- your prerogative, and I

appreciate you've got your rights.

I will dismiss this restraining order, and

that will be the finding of the Court.

And if you -- if you need to get your

exhibits back, we can figure out that process, but --

MR. BOUTIN: Appreciate that, Your Honor.

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2

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9

10

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12

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88

May Mr. Lilyea be excused?

THE COURT: Yes, he may.

MR. BOUTIN: All right.

John, go ahead and hang up, we'll call you

shortly.

MR. LILYEA: All right. Thank you.

THE COURT: Petitioner, if you want to

remain here in the courtroom for a copy of the order, you

may do so.

MR. BOUTIN: I would like to get the one

binder back, Your Honor.

THE COURT: Okay.

MR. BOUTIN: [Indiscernible] copy of the

whole 500 pages.

THE COURT: Okay.

[End of recording]

1

2

3

4

5

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7

8

9

10

11

12

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19

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22

23

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89

C E R T I F I C A T E

State of Oregon )) ss.

County of Clackamas )

I, Lisa J. Pace, Court Reporter and Notary

Public for the State of Oregon, do hereby certify that the

foregoing transcript, Pages 1 to 88, both inclusive, were

transcribed from the official audio record and constitute a

full, true and correct transcript as far as is possible,

taking into consideration the quality of the official

audiotape/CD record of the proceedings held in the

aforementioned matter on May 29, 2014.

Witness my hand at Lake Oswego, Oregon, this

11th day of July, 2014.

______________________________Lisa J. PaceCourt ReporterNotary Public for Oregon

$

$50 [2] - 79:14, 79:20

'

'95 [1] - 11:8

1

1 [15] - 26:19, 45:24,

53:7, 53:9, 53:10,

53:16, 53:23, 55:1,

61:2, 61:6, 61:22,

62:11, 63:6, 83:12,

89:9

1-503-846-2268 [1] -

21:23

1.4 [1] - 85:18

10 [2] - 9:7, 50:21

100 [1] - 82:12

101 [2] - 65:9, 66:12

101's [1] - 66:12

102 [1] - 67:12

103 [1] - 68:24

10335 [1] - 2:4

104 [1] - 70:7

105 [3] - 70:15, 71:1,

71:2

106 [1] - 71:25

11th [1] - 89:16

124 [1] - 85:21

124.005 [5] - 53:7,

53:9, 53:10, 53:16,

53:23

124.010 [1] - 8:3

124.015 [1] - 55:1

124.020 [1] - 13:24

13 [4] - 59:1, 59:5,

59:10, 59:25

13th [1] - 38:11

14 [2] - 7:3, 7:15

1401-00633 [1] - 81:6

14th [1] - 56:18

16th [1] - 67:13

18 [1] - 28:24

1970 [1] - 69:9

1994 [1] - 11:8

19th [1] - 14:9

1:15 [2] - 8:21, 57:14

1:29 [2] - 8:19, 57:11

2

2 [3] - 6:15, 61:4, 61:7

20 [3] - 9:7, 70:20,

70:23

2000 [2] - 74:10

2005 [1] - 70:19

2013 [1] - 6:21

2014 [7] - 1:19, 38:11,

46:18, 47:1, 56:18,

89:14, 89:16

232 [2] - 7:3, 7:14

235 [2] - 7:3, 7:14

24 [1] - 63:25

29 [1] - 89:14

29th [1] - 1:19

3

3 [6] - 6:21, 6:24, 8:3,

55:6, 56:1, 57:2

3,000 [2] - 7:8, 7:13

3/16/14 [2] - 8:13, 57:5

30 [2] - 30:14, 50:13

30-bullet [1] - 49:9

31 [2] - 3:5, 6:16

32 [5] - 60:6, 61:14,

61:22, 62:11, 63:8

33 [1] - 61:17

350,000 [1] - 29:7

357 [2] - 48:4, 48:9

36 [1] - 61:10

37 [2] - 6:19

3900 [2] - 64:6, 64:23

3:30 [2] - 84:6, 85:6

3:50 [2] - 8:15, 57:7

4

4 [4] - 55:1, 55:7, 56:1,

57:2

40 [6] - 60:5, 60:7,

61:22, 62:11, 63:6,

69:9

40.180 [2] - 31:19,

36:1

405 [1] - 2:10

44 [2] - 69:9, 69:20

45 [5] - 48:3, 48:4,

48:7, 48:8, 49:8

5

5 [3] - 55:8, 56:1, 57:2

5/11 [1] - 8:18

5/11/14 [1] - 57:10

5/12 [1] - 57:11

5/12/14 [1] - 8:19

5/23 [1] - 57:14

5/23/14 [1] - 8:21

50 [1] - 11:24

500 [3] - 6:1, 27:8,

88:14

5005 [1] - 2:10

503-601-6800 [1] -

2:11

53 [1] - 3:7

59 [1] - 6:24

6

6 [1] - 55:9

60 [3] - 3:7, 6:24

60,000 [6] - 41:6,

53:22, 54:11, 59:2,

83:13, 83:24

62 [1] - 73:2

64 [1] - 80:8

65 [1] - 80:8

7

7 [2] - 35:6, 55:9

8

8 [3] - 35:6, 49:6,

49:16

88 [1] - 89:9

9

9 [2] - 13:24, 49:6

97035 [1] - 2:11

97224 [1] - 2:5

98 [1] - 35:6

9th [2] - 46:18, 47:1

A

abilities [1] - 9:1

ability [1] - 62:3

able [2] - 21:24, 84:21

above-entitled [1] -

1:15

absolutely [1] - 73:16

abuse [8] - 8:8, 10:19,

45:4, 52:16, 80:17,

81:1, 81:16, 85:24

Abuse [1] - 55:2

abused [3] - 80:14,

81:14, 85:23

accept [2] - 5:11, 59:9

accepted [1] - 5:21

according [3] - 46:7,

80:25, 81:19

account [1] - 68:7

accurate [4] - 62:4,

69:23, 69:24, 70:5

accused [3] - 34:3,

34:4, 73:4

acknowledge [4] -

12:5, 19:12, 29:6,

68:8

Act [3] - 8:6, 47:4,

55:3

acted [1] - 35:18

acting [1] - 34:2

actions [1] - 86:13

active [2] - 25:11, 69:8

activities [1] - 75:2

add [1] - 79:21

addition [1] - 81:3

address [20] - 10:10,

11:1, 11:4, 11:7,

11:11, 14:23, 14:25,

30:5, 30:8, 31:23,

32:6, 36:23, 37:6,

50:23, 64:2, 64:9,

68:9, 68:11, 81:11,

86:11

Administration [1] -

25:1

administrator [1] -

28:15

admit [2] - 40:8, 54:10

admitted [2] - 35:8,

57:2

adopt [2] - 18:4, 46:11

advance [1] - 30:1

advanced [1] - 55:9

advancing [1] - 15:23

advise [2] - 5:1, 15:25

advised [2] - 4:16,

21:6

advocacy [1] - 25:9

affect [1] - 8:4

affiliation [1] - 71:16

affirmed [2] - 23:2,

23:14

affix [1] - 54:6

aforementioned [1] -

89:14

aftermath [1] - 55:10

afternoon [1] - 4:9

agent [3] - 8:10, 8:23,

74:20

agents [2] - 9:16, 12:9

ago [17] - 5:24, 7:19,

14:19, 18:16, 25:1,

28:19, 29:12, 34:4,

50:17, 69:9, 69:20,

70:23, 75:13, 77:5,

82:3, 82:10

agree [8] - 19:8,

20:11, 39:1, 40:24,

41:11, 41:17, 41:22,

62:16

ahead [8] - 26:11,

29:24, 34:9, 37:16,

42:17, 51:8, 77:2,

88:4

Ain't [6] - 28:16, 46:9,

48:22, 73:17, 78:20,

79:17

aircraft [1] - 29:1

airplane [5] - 66:17,

66:20, 66:25, 67:3,

67:9


1

Alan [2] - 43:18, 45:20

ALIVE [1] - 61:8

ALJ [1] - 75:12

allegation [1] - 5:21

allegations [4] -

11:20, 13:13, 26:1,

36:12

allege [1] - 11:17

allow [6] - 34:16,

37:14, 57:1, 66:4,

66:11, 69:24

allowed [2] - 66:12,

66:13

ALS [3] - 15:23, 37:25,

38:4

Alvarez [3] - 47:7,

48:18, 48:19

ambulate [1] - 16:1

amend [5] - 12:14,

13:1, 14:1, 14:2,

14:4

America [1] - 82:12

American [3] - 72:11,

72:16, 72:18

amounts [1] - 65:17

angry [2] - 48:18,

50:14

annoying [1] - 41:16

answer [16] - 21:24,

31:14, 34:17, 37:10,

37:15, 37:16, 38:7,

51:9, 62:4, 64:5,

68:22, 70:1, 76:14,

77:1, 77:16

answered [2] - 39:11,

76:17

apologize [1] - 59:23

apparent [1] - 19:9

appear [4] - 7:15,

12:17, 16:5, 72:4

appearance [2] -

15:21, 81:20

APPEARANCES [1] -

2:1

appeared [2] - 29:7,

77:19

appearing [3] - 4:13,

49:13, 72:1

APPEARING [2] - 2:3,

2:8

applicable [2] - 15:7,

19:25

apply [1] - 15:7

appreciate [12] - 10:3,

15:1, 19:4, 25:21,

52:7, 53:2, 80:19,

80:21, 87:8, 87:10,

87:20, 87:25

approach [3] - 22:5,

27:2, 56:2

appropriate [1] -

31:14

appropriated [2] -

28:19, 28:20

April [2] - 14:8, 56:16

argue [2] - 35:25,

52:21

argued [1] - 17:11

argument [10] - 10:6,

10:23, 19:13, 24:17,

24:18, 24:20, 30:11,

81:25, 82:5, 86:3

arguments [2] - 17:9,

20:4

Army [2] - 25:11,

42:12

arsenal [1] - 49:11

ass [2] - 36:23, 37:5

Associates [1] - 2:10

association [1] -

25:10

assume [1] - 15:5

assuming [1] - 67:25

attached [1] - 71:15

attacked [4] - 25:1,

75:12, 75:14, 78:25

attempted [1] - 29:11

attend [1] - 16:12

attention [5] - 6:3,

6:15, 6:23, 28:17,

63:5

audio [1] - 89:10

audiotape/CD [1] -

89:13

authored [2] - 60:17,

60:20

avoid [1] - 8:8

avoided [1] - 74:18

aware [4] - 32:11,

32:14, 32:16, 32:18

awkward [2] - 7:8,

77:14

ax [1] - 34:13

B

background [1] -

25:21

bad [3] - 79:4, 82:19,

83:16

bald [1] - 70:22

band [1] - 27:12

bar [1] - 77:7

based [4] - 12:23,

61:11, 62:2, 64:9

basis [4] - 5:7, 5:14,

80:4, 85:21

battle [1] - 52:10

BE [1] - 1:15

beat [1] - 76:5

become [1] - 77:9

bed [2] - 48:3, 48:8

began [1] - 8:14

begin [1] - 57:18

beginning [2] - 6:7,

26:25

behavior [2] - 85:20,

86:15

belief [3] - 12:15, 13:2,

14:3

Bench [2] - 27:2, 55:3

bench [1] - 56:2

beret [1] - 54:5

Bernasty [1] - 83:16

BERNATH [136] - 1:4,

4:7, 4:25, 8:1, 9:24,

10:1, 10:9, 10:11,

11:2, 11:5, 11:8,

11:12, 11:16, 11:22,

11:24, 12:3, 12:8,

12:14, 13:1, 13:8,

13:17, 13:21, 13:24,

14:13, 16:17, 18:13,

18:23, 19:1, 19:7,

20:23, 23:13, 24:8,

24:10, 24:13, 24:19,

24:23, 25:23, 26:4,

26:9, 26:12, 27:5,

27:8, 27:21, 27:25,

28:2, 28:11, 29:18,

30:5, 30:8, 30:12,

30:17, 30:21, 31:1,

31:4, 31:18, 31:22,

32:23, 33:8, 33:17,

33:18, 33:25, 34:11,

35:17, 35:20, 35:25,

36:10, 36:15, 36:18,

36:20, 37:12, 37:20,

39:7, 39:18, 39:20,

39:25, 40:3, 40:6,

40:21, 41:2, 41:5,

42:8, 44:7, 44:10,

44:15, 44:17, 44:20,

44:21, 45:23, 46:4,

46:5, 48:14, 49:15,

49:24, 50:11, 51:20,

52:1, 52:4, 52:21,

52:24, 53:3, 53:6,

54:3, 54:16, 54:21,

54:25, 55:14, 55:17,

56:1, 56:4, 56:10,

56:16, 56:18, 57:4,

57:22, 58:1, 58:15,

58:22, 58:25, 59:7,

59:12, 60:8, 67:25,

76:19, 76:24, 78:7,

78:10, 78:18, 79:23,

80:1, 81:24, 82:7,

83:2, 86:2, 87:10,

87:14, 87:18

Bernath [57] - 2:4, 3:7,

4:3, 4:23, 5:19, 5:24,

6:4, 6:9, 6:24, 9:10,

16:5, 16:9, 16:10,

17:21, 18:17, 23:19,

23:20, 24:5, 25:5,

25:20, 28:9, 28:19,

28:25, 29:10, 29:11,

29:12, 29:15, 29:17,

31:24, 32:3, 32:5,

32:6, 32:21, 35:14,

38:9, 38:12, 38:23,

41:10, 42:6, 43:18,

46:25, 47:17, 48:12,

50:17, 60:15, 61:2,

61:11, 63:13, 65:23,

66:15, 68:3, 72:4,

80:8, 80:20, 81:6,

83:11

Bernath's [4] - 7:11,

45:20, 80:20, 85:14

best [1] - 52:7

better [1] - 29:23

between [1] - 52:10

beyond [1] - 76:12

big [2] - 41:19, 79:15

binder [1] - 88:11

birds [1] - 36:4

bit [4] - 13:11, 17:20,

28:25, 58:18

black [1] - 41:19

blisters [1] - 56:25

blocked [2] - 76:20,

76:25

blocking [2] - 76:21,

76:24

blurted [1] - 9:20

board [1] - 70:18

body [3] - 74:23, 75:1,

78:14

bottom [1] - 19:5

bound [1] - 86:17

bounty [1] - 49:1

BOUTIN [72] - 4:5, 4:9,

4:14, 4:16, 5:4, 9:21,

13:5, 14:8, 14:12,

15:19, 16:8, 16:21,

17:6, 17:14, 21:2,

21:17, 21:20, 28:4,

28:8, 28:13, 29:20,

29:25, 32:19, 33:21,

34:15, 34:22, 35:1,

37:8, 37:10, 39:4,

39:15, 40:16, 40:19,

44:6, 46:1, 46:22,

49:12, 49:18, 50:4,

50:8, 51:8, 54:18,

56:7, 57:20, 58:19,

59:5, 59:18, 59:21,

59:24, 60:2, 60:11,

60:14, 63:4, 63:8,

63:12, 64:22, 66:5,

66:14, 70:6, 72:24,

76:15, 77:3, 77:24,

78:2, 80:3, 85:13,

85:17, 86:5, 87:25,

88:3, 88:10, 88:13

Boutin [3] - 2:9, 2:10,

4:10

brand [1] - 18:17

break [1] - 44:23

bridge [2] - 13:10,

20:17

brief [4] - 19:19,

24:18, 24:19, 26:1

briefed [2] - 17:15,

20:10

briefing [2] - 20:9,

20:19

bright [1] - 45:19

bring [5] - 47:8, 80:9,

83:3, 83:4

bringing [1] - 14:20

brings [1] - 81:25

broke [2] - 55:4, 55:8

broken [1] - 8:12

brought [6] - 80:9,

81:24, 82:2, 82:16,

82:17, 82:24

brutally [1] - 82:15

Bryan [1] - 9:6

bullet [1] - 50:13

bunch [1] - 25:14

burden [7] - 17:16,

17:18, 20:14, 24:1,

80:5, 86:6, 86:11

bush [1] - 57:9

bushes [6] - 8:15,

8:17, 57:6, 74:20,

74:21, 81:21

business [1] - 73:23

businesses [1] -

79:12

Butterfield [2] - 84:6,

85:2

buy [1] - 79:13

BY [19] - 31:22, 33:18,

34:11, 36:20, 37:20,

39:20, 40:6, 41:5,

44:21, 46:5, 49:24,

50:11, 54:3, 60:14,

63:12, 64:22, 66:14,

70:6, 77:3

bypass [1] - 79:13

C

C140741RO [2] - 1:6,

4:4

Cafe [1] - 50:22


2

calendar [1] - 85:3

California [3] - 4:25,

30:14, 77:8

campaign [1] - 50:19

cannot [3] - 50:5,

62:3, 84:19

captain [2] - 72:12,

72:14

captain's [3] - 71:10,

78:12, 78:14

car [1] - 66:15

care [2] - 53:11, 53:13

Carlisle [1] - 51:12

carrier [1] - 29:1

carry [2] - 48:4, 48:8

case [27] - 5:10, 7:11,

18:2, 18:7, 20:1,

27:18, 44:12, 47:7,

48:18, 51:24, 53:21,

59:15, 59:19, 65:14,

65:22, 75:23, 77:8,

78:4, 78:6, 79:22,

81:3, 84:6, 85:9,

86:5, 86:9, 86:14

Case [3] - 4:4, 5:25,

81:6

cases [1] - 81:8

caught [1] - 33:4

caused [3] - 53:7,

55:5, 55:24

causing [2] - 53:8

ceremony [1] - 16:13

certain [3] - 18:4,

36:6, 49:21

certainly [1] - 45:17

certify [1] - 89:8

chairs [1] - 48:23

chance [4] - 15:8,

19:19, 20:16, 58:17

change [2] - 10:19,

62:3

Chapter [2] - 85:18,

85:21

character [1] - 35:18

chat [1] - 85:5

Cheryl [1] - 21:9

chest [1] - 76:4

chevrons [2] - 28:23

chief [13] - 25:6,

28:20, 32:7, 32:12,

32:15, 38:12, 59:15,

59:21, 61:3, 78:5,

79:24, 86:6, 86:9

Chief [1] - 31:24

circle [1] - 41:18

CIRCUIT [1] - 1:1

Circuit [8] - 1:17, 5:24,

6:10, 7:20, 17:22,

17:24, 81:5

City [1] - 10:1

city [1] - 9:5

civil [1] - 52:13

Clackamas [9] - 5:24,

6:10, 7:11, 7:20,

17:22, 18:1, 40:10,

81:3, 89:5

claim [2] - 43:5, 80:10

claims [1] - 81:6

CLAYTON [3] - 21:21,

22:1, 22:5

clear [5] - 17:15,

30:23, 34:8, 86:23,

86:25

clearly [6] - 17:6,

26:19, 53:1, 53:2,

80:18, 80:20

clerk [1] - 4:16

CLERK [5] - 21:10,

21:12, 21:15, 23:5,

23:17

client [9] - 4:13, 4:21,

5:8, 5:10, 5:12, 14:6,

14:8, 20:25, 80:5

close [1] - 12:18

closing [3] - 20:7,

81:25, 86:5

club [1] - 32:12

clubs [1] - 32:14

Coast [1] - 25:11

coconspirator [1] -

44:4

codefendant [2] -

44:4, 44:12

coercion [1] - 53:18

colorful [1] - 18:24

combat [1] - 25:13

commander [1] -

71:10

commencing [1] -

1:18

commentary [1] -

27:16

comments [3] - 9:9,

10:20, 86:24

commodores [1] -

32:15

communicate [1] -

26:24

communicated [1] -

45:12

community [2] - 29:3,

79:1

companions [1] -

16:25

company [1] - 79:20

complained [1] - 27:9

complaint [2] - 61:18,

82:1

completely [1] - 47:20

compliance [1] -

14:18

component [1] - 38:4

compound [1] - 74:25

concerned [2] - 15:3,

15:10

conduct [11] - 53:19,

65:16, 65:21, 75:15,

75:16, 75:18, 75:21,

76:18, 76:20, 80:20,

80:21

confirm [1] - 4:24

conflict [1] - 53:1

connect [1] - 52:23

consider [1] - 54:24

consideration [1] -

89:12

constitute [1] - 89:10

contact [2] - 29:11,

29:13

contacted [7] - 9:2,

9:3, 9:4, 9:6, 9:11,

25:4, 26:12

contacting [1] - 29:13

contacts [1] - 57:17

contempt [1] - 64:17

contend [3] - 60:16,

61:22, 87:1

content [1] - 72:7

contention [1] - 69:23

contentions [1] - 10:4

contest [1] - 87:1

contested [1] - 13:25

context [3] - 48:6,

80:15, 81:12

continuation [1] -

11:19

continue [7] - 23:25,

29:22, 33:3, 63:11,

85:2, 86:19, 87:7

continued [3] - 24:4,

36:14, 87:5

Continuing [13] -

33:18, 34:11, 36:20,

37:20, 39:20, 44:21,

46:5, 49:24, 50:11,

54:3, 63:12, 64:22,

77:3

continuing [6] - 35:2,

40:6, 41:5, 44:13,

66:14, 70:6

continuously [1] -

11:10

control [3] - 51:18,

60:21, 71:20

controls [2] - 26:23,

54:1

convenience [1] -

18:3

convicted [6] - 28:10,

30:13, 65:13, 76:16,

76:22, 76:24

conviction [3] - 65:18,

75:15, 75:19

copies [3] - 27:4, 27:5,

30:1

copy [12] - 5:23, 6:1,

29:17, 30:4, 59:25,

65:9, 67:11, 68:23,

69:1, 71:24, 88:8,

88:13

correct [25] - 4:13,

4:14, 4:24, 14:9,

17:7, 22:1, 37:23,

37:25, 40:11, 40:12,

40:15, 41:7, 41:19,

41:25, 43:8, 43:15,

46:10, 46:20, 49:2,

50:3, 51:12, 51:14,

60:16, 74:5, 89:11

correctly [1] - 72:21

counsel [11] - 14:6,

21:18, 22:7, 22:17,

29:13, 30:15, 31:17,

38:25, 56:5, 72:16,

72:17

Counsel [21] - 4:13,

5:3, 7:24, 8:2, 9:18,

14:25, 17:2, 18:19,

19:13, 20:24, 27:4,

38:25, 44:11, 56:3,

62:22, 64:20, 76:13,

77:2, 77:17, 79:3,

84:4

Counsel's [2] - 56:11,

82:5

counter [1] - 86:12

country [3] - 45:3,

51:1, 53:22

COUNTY [1] - 1:2

county [3] - 5:20,

5:22, 6:5

County [29] - 1:18,

5:24, 6:10, 6:12,

7:11, 7:18, 7:20,

10:25, 11:4, 11:23,

12:13, 12:20, 13:3,

13:9, 13:15, 14:9,

14:11, 14:12, 17:22,

17:23, 18:2, 25:13,

40:10, 46:8, 62:5,

81:3, 81:5, 89:5

couple [2] - 66:24,

84:15

course [2] - 20:1, 30:2

COURT [208] - 1:1,

4:3, 4:6, 4:8, 4:12,

4:15, 4:20, 5:2, 7:24,

9:25, 10:2, 10:10,

10:21, 11:3, 11:6,

11:10, 11:13, 11:17,

11:23, 12:1, 12:4,

12:11, 12:24, 13:4,

13:7, 13:10, 13:18,

13:23, 14:6, 14:11,

14:23, 16:7, 16:19,

17:2, 17:8, 18:19,

18:25, 19:3, 19:8,

20:24, 21:8, 21:11,

21:13, 21:16, 21:19,

21:24, 22:4, 22:6,

22:11, 22:14, 22:23,

23:8, 23:21, 24:9,

24:12, 24:14, 24:21,

25:19, 25:24, 26:5,

26:11, 27:3, 27:7,

27:16, 27:22, 28:1,

28:6, 28:12, 29:19,

29:21, 30:3, 30:7,

30:10, 30:15, 30:18,

30:23, 31:2, 31:5,

31:10, 32:2, 32:4,

32:21, 32:24, 33:9,

33:22, 34:6, 34:16,

34:25, 35:2, 35:4,

35:14, 35:19, 35:22,

36:2, 36:11, 36:17,

37:14, 37:19, 38:23,

39:9, 39:14, 39:17,

39:22, 40:2, 40:4,

40:18, 40:23, 41:4,

42:6, 42:9, 44:8,

44:11, 44:16, 44:18,

45:25, 46:2, 48:12,

48:16, 49:17, 49:19,

50:7, 50:9, 51:9,

51:19, 51:22, 52:2,

52:6, 52:22, 52:25,

53:5, 54:14, 54:17,

54:20, 54:23, 55:12,

55:16, 55:21, 56:3,

56:5, 56:9, 56:11,

56:15, 56:17, 57:1,

57:21, 57:24, 58:14,

58:17, 58:24, 59:6,

59:9, 59:14, 59:20,

59:22, 60:1, 60:10,

62:8, 62:16, 63:1,

63:7, 63:10, 64:5,

64:14, 64:20, 65:10,

66:3, 66:8, 66:11,

68:22, 69:11, 69:15,

69:21, 70:1, 72:23,

73:1, 76:9, 76:11,

76:17, 76:22, 77:1,

77:18, 77:22, 78:1,

78:6, 78:9, 78:17,

79:21, 79:24, 80:2,

82:4, 83:1, 84:3,

84:10, 84:13, 84:19,

84:23, 84:25, 85:11,

85:16, 86:4, 86:7,


3

87:12, 87:17, 87:19,

88:2, 88:7, 88:12,

88:15

court [14] - 7:17,

18:18, 32:25, 33:20,

34:20, 36:12, 42:17,

46:10, 64:14, 76:6,

76:8, 80:6, 86:1,

87:16

Court [56] - 1:17, 5:13,

5:15, 5:23, 5:25,

6:11, 7:20, 7:23,

10:11, 12:12, 12:25,

14:21, 15:6, 15:11,

15:20, 15:25, 16:6,

17:21, 17:22, 17:23,

17:24, 18:9, 18:15,

21:6, 21:22, 26:19,

27:10, 28:10, 35:13,

36:1, 37:22, 39:24,

41:14, 47:4, 47:6,

47:7, 48:25, 51:21,

60:3, 60:4, 60:24,

62:5, 65:14, 79:4,

80:18, 81:2, 81:5,

81:8, 81:23, 82:16,

85:18, 87:22, 89:7,

89:19

Court's [6] - 6:3, 6:15,

6:23, 16:6, 19:22,

63:4

courtroom [3] - 22:16,

24:7, 88:8

cover [1] - 33:10

craved [1] - 46:19

crazed [1] - 25:14

crazy [3] - 24:23,

25:10, 25:12

create [4] - 39:4,

40:20, 42:5, 73:14

created [9] - 17:16,

17:17, 29:5, 41:1,

71:5, 71:8, 73:5,

73:10, 73:12

creating [1] - 15:22

creator [1] - 72:5

credible [1] - 80:13

crime [1] - 9:7

criminal [2] - 75:15,

75:19

criminally [2] - 28:9,

30:13

Crocker [1] - 84:4

CROSS [1] - 60:13

cross [7] - 13:10,

20:17, 39:7, 54:17,

59:18, 72:25, 82:1

cross-examination

[1] - 72:25

CROSS-

EXAMINATION [1] -

60:13

cross-examine [2] -

39:7, 59:18

cruises [2] - 63:19,

63:24

crutch [2] - 75:23,

75:24

crux [2] - 26:22, 53:21

curb [1] - 82:21

cursing [1] - 53:18

cut [4] - 35:14, 35:24,

44:8, 51:22

CV14040431 [1] - 5:25

CVB [1] - 65:14

cycle [1] - 54:4

D

Dallas [4] - 36:19,

36:22, 36:25, 37:1

Dan [4] - 25:5, 26:12,

66:6, 75:25

dancing [1] - 14:21

danger [4] - 64:17,

80:17, 81:16, 85:24

DANIEL [2] - 1:4,

23:13

Daniel [15] - 2:4, 3:7,

4:3, 23:19, 38:12,

43:18, 45:20, 46:24,

47:17, 50:17, 61:2,

65:23, 68:3, 72:3

daughter [2] - 64:10,

65:7

DC [3] - 12:19, 16:21,

81:19

DEAD [1] - 61:7

deal [3] - 4:18, 4:22,

81:11

dealing [2] - 87:8,

87:13

dear [1] - 46:24

death [5] - 25:17,

48:7, 82:17, 82:18,

82:20

debate [1] - 33:5

decapitate [1] - 35:5

decide [3] - 34:9,

41:14, 86:10

decision [2] - 14:21,

19:15

declaration [9] - 5:23,

6:1, 6:2, 6:13, 6:24,

7:4, 7:19, 7:23, 81:4

declarations [1] - 18:9

declared [1] - 75:10

deeds [1] - 33:2

defamation [3] -

52:14, 53:11, 53:15

defamatory [1] - 51:24

defecate [1] - 35:10

Defendant [2] - 6:9,

6:14

defendant [3] - 6:10,

65:22, 82:1

deficiency [1] - 38:4

deliveries [2] - 8:17,

57:8

demand [1] - 43:22

Denson [1] - 9:7

dentist [1] - 79:18

dentists [1] - 79:7

deny [3] - 65:13, 68:3,

68:5

denying [1] - 68:14

Depot [1] - 67:18

deprive [1] - 10:15

derogatory [8] -

41:11, 41:13, 41:15,

41:22, 41:25, 52:13,

53:16, 87:1

deserved [1] - 78:22

detailed [1] - 14:14

determination [1] -

19:21

determine [2] - 19:25,

87:3

dicta [1] - 85:19

different [10] - 47:20,

52:19, 62:17, 65:23,

66:19, 66:23, 67:1,

67:2, 67:4, 67:7

difficulty [2] - 15:23

direct [3] - 6:15, 6:23,

63:4

DIRECT [1] - 31:21

directing [1] - 58:11

director [1] - 72:18

directory [5] - 71:14,

79:6, 79:11, 79:15

Disabilities [1] - 55:2

disability [1] - 8:7

disabled [9] - 75:10,

75:11, 80:10, 80:11,

81:13, 82:8, 82:9,

82:12, 85:22

Disabled [1] - 8:5

disappointing [2] -

86:14, 86:15

discharged [1] - 69:8

disclose [1] - 65:3

disconcerting [1] -

52:13

discussing [1] - 78:20

discussion [1] - 58:8

disease [2] - 15:23,

38:1

dishonest [1] - 34:3

dismiss [7] - 5:5, 5:14,

7:23, 80:4, 80:7,

81:23, 87:21

disorderly [4] - 65:16,

65:21, 75:16, 76:20

disprove [2] - 69:18,

69:19

dispute [1] - 69:18

distress [1] - 81:7

District [3] - 17:21,

28:10, 65:14

docket [2] - 25:22,

85:4

doctor [3] - 38:3,

56:21, 79:18

document [12] - 15:2,

44:19, 63:5, 63:9,

65:11, 69:2, 69:7,

70:8, 70:10, 70:15,

70:17, 70:25

documentary [1] -

24:11

documentation [1] -

10:24

domicile [8] - 6:18,

7:1, 7:2, 7:5, 10:8,

15:12, 17:10, 20:5

domicile's [1] - 6:14

domiciled [8] - 6:17,

6:21, 7:18, 7:21,

7:22, 10:12, 10:13,

15:14

don't.. [1] - 12:19

done [6] - 8:8, 27:23,

29:14, 58:15, 82:10,

86:17

door [15] - 8:14, 8:16,

8:22, 13:14, 13:16,

13:20, 13:22, 33:13,

57:5, 57:8, 57:10,

57:11, 57:15, 75:4

dots [1] - 52:23

doubt [1] - 40:21

douche [1] - 82:22

down [8] - 8:12, 9:19,

25:14, 47:4, 47:8,

50:18, 67:16, 67:23

downloaded [1] - 72:2

downtown [2] - 40:11,

82:1

draw [1] - 6:2

drive [2] - 16:25,

66:15

Drive [1] - 2:4

drop [4] - 7:12, 7:13,

55:18, 56:20

drug [2] - 56:23, 56:24

due [1] - 14:17

dunking [1] - 48:23

during [2] - 29:2, 30:2

duty [2] - 25:11, 69:8

dwell [1] - 7:9

dwelling [1] - 7:5

dwells [2] - 6:14, 7:14

E

e) [1] - 53:23

early [1] - 55:8

earn [2] - 43:5, 43:6

earned [1] - 43:5

easy [1] - 36:18

effectively [1] - 8:6

either [4] - 8:10, 12:9,

20:8, 84:22

elder [1] - 52:16

elderly [2] - 53:20,

80:9

Elderly [1] - 55:2

element [2] - 18:7,

69:19

elements [4] - 20:13,

24:1, 24:3, 44:13

elevator [8] - 25:2,

75:22, 75:25, 76:2,

76:3, 76:4, 76:20,

76:25

eligible [1] - 6:5

email [14] - 29:11,

36:21, 36:24, 37:4,

37:7, 45:17, 58:4,

67:12, 67:14, 68:2,

68:8, 68:11, 68:13,

68:14

emails [2] - 9:8, 43:22

emotional [2] - 53:20,

81:7

employed [4] - 75:7,

75:9, 77:4, 77:9

end [9] - 20:7, 26:25,

52:25, 54:7, 59:19,

72:25, 78:4, 86:9,

88:16

ended [1] - 7:1

ending [1] - 7:2

enforced [1] - 80:25

enter [2] - 45:23,

58:25

entertain [1] - 20:8

entitled [3] - 1:15,

7:17, 11:18

equivalent [1] - 53:13

escape [1] - 10:19

establish [1] - 23:24

establishing [1] -

62:12

events [1] - 11:18

Evers [1] - 84:5

everywhere [1] -

42:23

evidence [59] - 19:18,


4

19:20, 20:1, 20:5,

20:8, 20:16, 20:19,

24:2, 24:3, 24:11,

24:16, 25:12, 25:25,

27:19, 27:23, 28:20,

29:4, 29:9, 30:11,

32:24, 32:25, 33:13,

36:3, 36:5, 36:7,

40:25, 42:7, 52:9,

52:20, 54:14, 54:24,

55:21, 55:23, 55:25,

56:10, 57:3, 57:25,

59:7, 62:18, 68:1,

69:23, 80:10, 80:14,

80:16, 81:10, 81:25,

82:5, 85:15, 85:22,

85:23, 85:24, 86:10,

86:12, 86:18, 86:20,

86:24, 86:25, 87:6

exactly [1] - 41:8

EXAMINATION [2] -

31:21, 60:13

examination [1] -

72:25

examine [2] - 39:7,

59:18

examined [3] - 23:2,

23:14, 56:22

example [1] - 63:2

except [1] - 62:20

exception [2] - 29:4,

85:14

excuse [1] - 6:8

excused [1] - 88:1

Exhibit [18] - 26:19,

45:23, 49:6, 50:21,

55:6, 55:7, 55:8,

59:1, 59:24, 65:9,

66:12, 67:12, 68:23,

70:7, 70:15, 70:25,

71:25, 83:12

exhibit [5] - 39:24,

60:17, 66:5, 68:24,

72:22

exhibits [6] - 6:2,

27:3, 29:17, 57:2,

70:4, 87:24

Exhibits [1] - 57:2

expedite [1] - 34:23

expedited [1] - 15:1

expel [1] - 57:18

expelled [2] - 9:3, 9:4

explain [1] - 11:14

explained [1] - 58:9

extent [1] - 15:13

extremely [1] - 41:16

F

face [3] - 12:22, 74:23,

75:1

facie [1] - 81:10

fact [5] - 15:2, 37:4,

39:12, 47:19, 63:18

facts [4] - 18:4, 67:25,

83:3, 83:4

factual [1] - 85:15

failure [1] - 80:12

false [1] - 28:11

family [2] - 8:10, 83:7

fanny [1] - 76:1

far [4] - 25:18, 52:8,

82:6, 89:11

fear [2] - 86:20, 86:21

February [3] - 38:11,

46:18, 47:1

federal [1] - 76:8

feelings [2] - 47:9,

48:21

fellow [1] - 25:5

few [6] - 10:21, 28:19,

29:12, 34:4, 72:24,

76:15

figure [2] - 77:14,

87:24

file [2] - 15:20, 16:6

filed [12] - 5:24, 6:2,

7:19, 10:4, 12:11,

12:25, 15:21, 16:5,

31:12, 61:18, 77:8,

81:4

filing [3] - 15:5, 17:19,

45:2

fine [5] - 4:21, 30:3,

31:3, 31:6

finish [3] - 9:19,

84:22, 85:7

finished [2] - 9:18,

54:15

first [17] - 4:19, 4:22,

5:14, 6:8, 18:18,

23:2, 23:14, 27:21,

27:23, 27:25, 31:3,

31:6, 33:24, 56:3,

59:19, 73:2, 80:23

fit [1] - 54:9

fits [2] - 53:16, 53:22

five [2] - 25:17, 78:15

flew [3] - 66:20, 66:25,

67:5

Florida [20] - 6:14,

6:17, 6:21, 7:5, 7:22,

10:13, 36:25, 63:19,

63:24, 64:3, 64:8,

65:3, 66:21, 66:25,

67:5, 67:9, 67:13,

67:17, 67:24

flow [2] - 30:18, 30:25

fly [2] - 36:4, 66:17

focus [3] - 10:6, 10:8,

47:6

focused [2] - 26:1,

33:16

folks [1] - 48:24

following [1] - 6:3

follows [2] - 23:3,

23:15

FOR [3] - 1:2, 2:3, 2:8

foregoing [1] - 89:9

Foreign [1] - 9:2

forget [1] - 54:13

form [4] - 14:1, 14:2,

19:19, 40:16

formal [1] - 28:22

forms [1] - 85:19

Fort [3] - 6:17, 7:5,

64:6

forth [1] - 86:16

forum [1] - 47:25

forward [3] - 19:17,

23:24

forwarded [1] - 9:7

foundation [1] - 56:8

foundation's [1] -

56:12

four [10] - 21:14, 25:1,

25:3, 29:1, 66:7,

75:13, 77:5, 81:17,

82:3, 82:9

frank [1] - 51:12

Frank [1] - 51:13

Frankie [2] - 51:11,

51:14

fraud [9] - 9:8, 9:12,

9:14, 41:19, 42:23,

43:22, 43:24, 43:25,

58:3

fraudulent [1] - 81:4

free [1] - 33:15

friend [1] - 72:15

frivolous [1] - 45:2

front [5] - 8:22, 35:16,

57:15, 76:2

full [3] - 23:6, 23:18,

89:11

funny [1] - 49:4

future [2] - 83:22,

86:21

G

Gehrig's [1] - 37:25

general [4] - 47:16,

47:18, 72:16, 72:17

generally [1] - 46:24

gentleman [1] - 53:1

gentlemen [1] - 85:12

giant [1] - 47:12

given [2] - 18:4, 82:14

glass [2] - 8:20, 57:12

Glock [1] - 49:8

goodness [1] - 26:6

Google [1] - 83:11

granting [1] - 19:18

grateful [1] - 82:12

grave [1] - 35:11

great [2] - 16:10,

55:20

Grimm [1] - 77:20

group [5] - 25:8, 25:9,

26:13, 26:15, 79:6

Guard [1] - 25:11

guess [4] - 15:15,

26:18, 45:22, 61:8

Guide [1] - 55:3

guide [1] - 79:11

guns [4] - 49:21,

50:10, 50:12

guy [2] - 36:21, 78:25

Guy [1] - 40:22

guys [1] - 84:5

H

habit [7] - 35:20, 36:1,

36:2, 36:3, 36:5,

36:7, 37:13

half [3] - 21:13, 54:1,

84:22

half-hour [1] - 54:1

hall [1] - 24:9

hammer [1] - 54:4

hand [12] - 5:25,

22:21, 23:10, 54:7,

62:22, 65:8, 67:11,

68:23, 70:7, 70:14,

71:24, 89:15

hands [1] - 54:5

hang [4] - 8:24, 79:13,

79:19, 88:4

hangs [1] - 8:24

harass [3] - 29:14,

42:20, 53:14

harassed [1] - 80:14

harassment [4] -

41:21, 53:18, 61:18,

80:17

harm [5] - 53:20,

82:15, 86:21, 86:22

hate [1] - 25:5

haunt [1] - 64:8

he.. [1] - 54:2

head [10] - 18:18,

28:21, 35:5, 53:12,

64:18, 70:22, 71:3,

71:9, 71:10, 78:12

heads [2] - 73:9, 78:25

hear [20] - 8:19, 8:20,

8:21, 10:23, 15:16,

16:19, 22:9, 26:7,

27:20, 28:7, 29:21,

33:23, 34:19, 52:9,

52:12, 56:12, 57:14,

57:15, 84:20, 87:11

heard [5] - 34:21,

35:8, 35:15, 57:11,

84:7

hearing [13] - 1:16,

10:7, 13:25, 14:1,

14:19, 19:18, 22:18,

24:25, 30:1, 52:8,

52:17, 52:18, 57:18

hearings [1] - 25:22

heart [3] - 8:11, 45:8,

45:21

held [1] - 89:13

hell [18] - 26:14,

43:13, 43:17, 43:20,

44:1, 44:22, 44:24,

45:1, 45:10, 45:20,

54:10, 57:22, 63:3,

64:12, 65:6, 83:13,

83:19

Hell [5] - 28:16, 46:9,

48:22, 78:21, 79:18

hello [1] - 22:12

help [1] - 14:21

helpful [2] - 15:6, 15:8

hereby [1] - 89:8

hi [1] - 21:21

high [2] - 83:17, 85:20

higher [2] - 52:17,

53:3

highlighted [1] - 61:8

hip [3] - 15:10, 48:4,

48:9

hip-shooting [1] -

15:10

hitting [1] - 18:17

Hoey [1] - 44:5

hold [12] - 9:25, 10:2,

16:19, 27:16, 28:12,

29:19, 32:2, 33:22,

39:9, 40:23, 62:8,

86:4

Home [1] - 67:18

home [6] - 6:18,

16:11, 16:22, 16:25,

67:17, 67:24

honest [1] - 82:15

honestly [1] - 37:17

honor [2] - 16:13,

16:15

Honor [43] - 4:5, 4:9,

5:5, 6:20, 8:1, 9:21,

10:20, 13:5, 14:10,

17:6, 18:6, 21:17,

22:3, 29:18, 32:20,

33:21, 34:15, 34:22,

35:1, 36:16, 36:18,


5

39:15, 40:16, 46:1,

49:12, 50:4, 52:1,

52:5, 54:19, 59:8,

59:25, 60:9, 63:6,

66:2, 66:5, 69:14,

79:23, 80:15, 84:2,

84:8, 85:13, 87:25,

88:11

Honorable [1] - 1:16

honorably [2] - 38:13,

61:3

honorary [1] - 32:8

Hoodview [1] - 2:4

hour [2] - 54:1, 84:22

hours [3] - 21:13,

63:25, 84:15

house [5] - 16:2, 16:3,

43:21, 74:19, 74:22

House [4] - 16:12,

16:14, 16:23, 17:1

household [1] - 8:8

HS [1] - 54:8

humiliated [1] - 47:24

hundreds [2] - 32:11,

32:14

hunt [1] - 47:8

hunters [1] - 49:1

Hyatt [8] - 26:12, 28:9,

66:6, 75:12, 75:14,

75:25, 78:11, 82:2

I

idea [2] - 70:21, 70:24

identified [1] - 49:15

identifier [1] - 72:3

identify [3] - 38:21,

49:13, 50:5

ignorant [2] - 36:23,

37:5

III [1] - 1:17

illegal [1] - 47:5

image [6] - 28:22,

71:5, 73:2, 73:5,

73:10, 73:12

images [1] - 73:15

immediately [1] -

56:23

imminent [4] - 80:16,

81:15, 82:15, 85:24

immoral [1] - 47:5

imply [1] - 73:8

important [4] - 14:24,

80:23, 80:24, 81:11

impression [1] - 84:11

IN [1] - 1:1

inaccurate [3] - 69:3,

69:7, 70:5

inadvertently [1] -

79:4

inappropriate [1] -

53:17

incident [1] - 76:23

inclined [1] - 19:22

includes [3] - 16:13,

16:15, 16:22

including [1] - 50:13

inclusive [1] - 89:9

indeed [1] - 60:15

Index [1] - 3:1

indicate [3] - 10:25,

80:11, 80:16

indiscernible [20] -

4:7, 7:21, 21:25,

41:7, 41:12, 57:25,

62:7, 63:3, 64:13,

75:22, 76:18, 77:13,

77:15, 78:6, 84:9,

85:11, 86:3, 87:11,

87:12, 88:13

indiscernible] [18] -

8:4, 9:23, 12:23,

21:11, 21:12, 21:15,

22:10, 27:15, 37:24,

38:20, 39:19, 42:3,

46:21, 50:8, 62:18,

66:7, 84:24, 85:12

induced [1] - 44:24

inflicting [1] - 53:9

infliction [1] - 81:7

information [7] -

12:15, 13:2, 14:3,

42:11, 69:2, 69:6,

79:5

injure [2] - 33:1, 52:3

injury [2] - 53:7, 53:10

inquire [5] - 31:11,

31:17, 40:4, 54:18,

64:21

inquiry [3] - 31:16,

34:24, 63:11

inside [1] - 7:7

instructed [1] - 21:6

instruction [1] - 67:10

instructions [1] -

16:22

intend [1] - 10:14

intended [1] - 52:3

intention [2] - 80:22,

81:14

intentional [1] - 81:7

interface [3] - 42:20,

42:21, 43:3

Internet [8] - 33:5,

42:14, 48:23, 49:10,

49:23, 50:1, 50:10,

50:12

Internet's [1] - 49:1

interrupt [3] - 17:2,

18:19, 25:19

interruption [1] -

29:21

intimidate [1] - 29:14

intimidation [1] -

53:18

invented [1] - 74:10

involved [1] - 17:21

involving [1] - 28:8

irrelevant [3] - 16:18,

69:10, 69:17

issue [23] - 5:1, 6:4,

9:21, 14:24, 15:11,

15:15, 17:3, 17:4,

17:8, 17:11, 19:9,

19:10, 19:12, 19:15,

19:16, 19:20, 20:2,

20:5, 36:17, 39:16,

44:14, 77:25, 85:17

issues [6] - 13:25,

17:16, 17:17, 18:22,

19:24, 86:15

IT [1] - 1:15

item [1] - 61:10

itself [1] - 63:9

J

jail [1] - 64:17

job [2] - 20:12, 83:3

John [30] - 3:5, 4:4,

14:3, 14:5, 20:23,

21:21, 23:7, 25:4,

26:13, 26:15, 33:20,

46:8, 46:9, 46:14,

61:10, 61:16, 61:18,

62:20, 70:12, 73:3,

73:7, 73:11, 74:14,

78:12, 79:1, 83:24,

88:4

JOHN [2] - 1:7, 23:1

join [1] - 21:18

Judge [10] - 1:17,

22:7, 22:14, 28:8,

75:14, 78:11, 82:2,

84:5, 84:19, 85:1

judge [11] - 12:20,

13:3, 13:9, 25:13,

27:11, 34:2, 75:12,

76:1, 76:21, 76:23,

84:14

judges [1] - 62:21

judgment [3] - 19:24,

64:21, 87:2

judicial [1] - 81:2

July [1] - 89:16

junior [2] - 83:17,

85:20

jurisdiction [9] - 5:13,

5:15, 5:17, 10:8,

10:16, 15:12, 80:4,

80:6, 86:1

justice [1] - 47:8

K

Karen [3] - 33:20,

34:3, 34:19

keep [2] - 22:8, 48:6

key [2] - 48:15, 48:16

KGW [1] - 9:4

kneecaps [1] - 34:13

knees [1] - 35:5

knock [19] - 8:13,

8:16, 8:19, 8:20,

8:21, 8:22, 33:12,

43:21, 57:5, 57:10,

57:11, 57:13, 57:14,

57:15, 75:4

knocked [1] - 47:4

knocking [4] - 13:13,

13:15, 13:20, 13:22

knowledge [1] - 12:16

known [1] - 25:8

L

laid [1] - 56:8

Lake [2] - 2:11, 89:15

land [1] - 67:4

large [1] - 50:1

Lars [3] - 9:11, 43:24,

44:3

Larson [3] - 9:11,

43:24, 44:3

last [16] - 11:15,

17:23, 17:24, 25:3,

45:13, 48:20, 53:24,

63:14, 63:20, 66:7,

66:20, 66:24, 73:20,

75:9, 77:4, 84:15

lasted [1] - 78:11

Latourneau [2] - 22:7,

84:19

law [6] - 5:1, 14:18,

15:7, 79:8, 81:12,

83:4

law's [1] - 80:24

lawsuit [2] - 40:10,

81:25

lawsuits [2] - 45:2,

52:14

lawyer [8] - 4:25,

29:22, 30:14, 46:8,

51:6, 58:18, 79:18,

83:3

lay [3] - 64:18, 67:22,

68:18

laying [1] - 67:21

leader [1] - 26:23

least [1] - 85:1

leave [5] - 16:3, 20:8,

41:14, 78:23, 78:24

led [2] - 75:15, 75:18

left [1] - 8:7

legal [2] - 20:9, 31:14

Legion [3] - 72:11,

72:16, 72:18

legions [1] - 41:16

length [1] - 16:10

less [1] - 28:25

liar [1] - 41:10

license [1] - 77:7

lied [1] - 12:21

lieutenant [1] - 71:9

life [19] - 26:14, 26:20,

43:13, 43:17, 43:20,

44:1, 44:22, 44:24,

45:1, 45:10, 45:20,

54:10, 63:3, 64:12,

64:17, 65:6, 83:18,

83:19

light [2] - 8:21, 57:12

Lilyea [86] - 3:5, 4:4,

4:10, 5:16, 5:21, 8:9,

8:14, 9:3, 9:9, 9:16,

14:3, 14:5, 15:22,

16:11, 16:12, 16:14,

16:16, 16:24, 20:23,

22:12, 23:7, 23:8,

24:11, 25:4, 25:5,

26:13, 26:15, 27:13,

28:2, 28:15, 29:5,

29:8, 29:9, 30:20,

30:24, 31:6, 31:8,

31:13, 31:25, 33:20,

34:17, 36:19, 39:4,

39:12, 41:1, 46:9,

46:14, 46:15, 54:18,

58:3, 58:4, 58:5,

58:10, 58:19, 59:1,

59:17, 60:6, 60:17,

60:20, 60:25, 61:10,

61:12, 61:13, 61:16,

61:19, 61:23, 62:20,

73:3, 73:4, 73:8,

73:11, 74:14, 74:22,

78:12, 78:13, 78:23,

79:1, 80:18, 80:21,

81:18, 83:24, 85:25,

88:1

LILYEA [10] - 1:7,

22:13, 22:22, 23:1,

23:7, 27:15, 31:9,

58:16, 58:21, 88:6

Lilyea's [1] - 16:22

limited [1] - 13:25

line [12] - 6:16, 6:19,

6:23, 7:3, 19:23,

34:23, 35:6, 41:18,

45:19, 47:20, 67:17


6

lines [1] - 7:14

Lisa [2] - 89:7, 89:18

list [2] - 10:25, 12:12

litigate [1] - 33:9

litigation [5] - 17:20,

18:10, 44:14, 81:5

live [2] - 9:10, 58:5

lived [1] - 6:20

lives [3] - 6:14, 12:16,

19:11

local [4] - 9:3, 9:12,

57:18, 61:18

locations [1] - 63:23

look [11] - 8:22, 25:5,

27:11, 46:4, 47:12,

48:10, 57:16, 61:1,

83:2, 83:13, 86:10

looked [2] - 57:11,

74:16

looking [8] - 13:24,

50:3, 50:21, 53:6,

55:1, 62:4, 77:7,

85:3

looks [4] - 49:6, 49:8,

70:2, 83:25

loose [2] - 53:13,

53:22

Lou [1] - 37:25

loud [3] - 8:22, 57:14,

57:15

M

magazine [4] - 49:9,

50:1, 50:13, 50:14

Magnum [1] - 48:4

mail [1] - 50:25

mailbox [5] - 7:7,

7:12, 7:13, 64:23,

64:24

man [2] - 26:16, 54:4

Mapquest [1] - 16:22

mark [3] - 61:5, 71:2,

72:22

Mark [7] - 71:6, 71:8,

72:10, 72:13, 72:15,

78:13

marked [7] - 65:8,

67:11, 67:12, 68:23,

70:7, 70:14, 71:24

Markov [1] - 54:5

marriage [1] - 85:14

married [1] - 64:10

Maryland [2] - 12:21,

34:20

mate [3] - 29:1, 74:7,

74:11

material [6] - 60:5,

60:6, 60:16, 60:24,

61:14, 61:21

matter [14] - 1:15,

7:18, 10:7, 15:20,

17:23, 18:3, 18:8,

28:13, 33:7, 33:9,

47:19, 84:20, 85:7,

89:14

matters [7] - 4:19,

4:22, 5:3, 5:4, 7:1,

23:23, 28:8

Meadows [1] - 2:10

mean [21] - 11:14,

15:1, 15:3, 19:4,

32:24, 33:14, 35:24,

36:5, 37:1, 42:20,

42:21, 43:20, 43:21,

44:22, 45:18, 67:3,

68:10, 74:16, 84:25,

85:3, 86:24

meaning [2] - 19:23,

58:5

means [8] - 30:24,

36:24, 37:6, 40:3,

40:5, 42:18, 42:22,

72:18

meant [3] - 40:1, 44:1,

54:9

medal [2] - 16:13,

16:15

medals [2] - 28:24,

43:6

media [1] - 72:17

medical [3] - 12:18,

55:14, 56:19

medication [1] - 82:13

medications [1] -

74:12

meet [7] - 20:12,

23:25, 33:10, 33:14,

52:9, 56:22, 87:14

meeting [1] - 56:21

meets [2] - 33:2, 87:6

membership [1] -

43:23

memorandum [1] -

81:20

memory [2] - 37:22,

37:23

mental [2] - 38:3, 38:4

mention [3] - 44:3,

50:1, 83:22

mentioned [1] - 59:1

merely [1] - 79:19

message [2] - 8:17,

57:8

met [4] - 24:3, 29:10,

74:14, 86:6

might [3] - 15:8,

49:22, 85:1

miles [2] - 7:8, 7:13

military [2] - 32:9,

49:7

mine [1] - 68:10

Mineral [3] - 12:13,

14:9, 14:12

minute [2] - 48:14,

60:10

minutes [2] - 18:16,

46:7

miserable [3] - 26:14,

26:20, 83:19

misunderstands [1] -

79:4

misunderstood [1] -

24:14

misusing [1] - 72:20

moment [1] - 58:12

Monday [2] - 72:2,

73:3

Montgomery [7] -

12:20, 13:3, 13:9,

25:13, 37:22, 46:8,

62:5

month [4] - 17:24,

63:20, 79:14, 79:20

months [6] - 11:16,

28:19, 29:12, 34:4,

63:24, 66:24

morning [3] - 4:5, 4:6,

36:5

mother [1] - 35:11

mother's [1] - 35:11

motion [13] - 6:11,

12:17, 14:13, 14:15,

14:22, 15:17, 15:21,

16:4, 16:5, 20:15,

65:4, 80:4, 85:21

motions [4] - 4:11,

5:5, 15:6, 20:18

motivation [1] - 47:2

mouth [2] - 34:14,

35:6

move [12] - 7:23,

12:14, 16:1, 19:6,

19:17, 25:23, 39:3,

39:22, 45:23, 56:10,

59:7, 80:7

moving [8] - 8:4, 8:15,

8:17, 19:17, 57:6,

57:9, 74:20, 74:21

MR [214] - 4:5, 4:7,

4:9, 4:14, 4:16, 4:25,

5:4, 8:1, 9:21, 9:24,

10:1, 10:9, 10:11,

11:2, 11:5, 11:8,

11:12, 11:16, 11:22,

11:24, 12:3, 12:8,

12:14, 13:1, 13:5,

13:8, 13:17, 13:21,

13:24, 14:8, 14:12,

14:13, 15:19, 16:8,

16:17, 16:21, 17:6,

17:14, 18:13, 18:23,

19:1, 19:7, 20:23,

21:2, 21:17, 21:20,

22:13, 22:22, 23:7,

24:8, 24:10, 24:13,

24:19, 24:23, 25:23,

26:4, 26:9, 26:12,

27:5, 27:8, 27:15,

27:21, 27:25, 28:2,

28:4, 28:8, 28:11,

28:13, 29:18, 29:20,

29:25, 30:5, 30:8,

30:12, 30:17, 30:21,

31:1, 31:4, 31:9,

31:18, 31:22, 32:19,

32:23, 33:8, 33:17,

33:18, 33:21, 33:25,

34:11, 34:15, 34:22,

35:1, 35:17, 35:20,

35:25, 36:10, 36:15,

36:18, 36:20, 37:8,

37:10, 37:12, 37:20,

39:4, 39:7, 39:15,

39:18, 39:20, 39:25,

40:3, 40:6, 40:16,

40:19, 40:21, 41:2,

41:5, 42:8, 44:6,

44:7, 44:10, 44:15,

44:17, 44:20, 44:21,

45:23, 46:1, 46:4,

46:5, 46:22, 48:14,

49:12, 49:15, 49:18,

49:24, 50:4, 50:8,

50:11, 51:8, 51:20,

52:1, 52:4, 52:21,

52:24, 53:3, 53:6,

54:3, 54:16, 54:18,

54:21, 54:25, 55:14,

55:17, 56:1, 56:4,

56:7, 56:10, 56:16,

56:18, 57:4, 57:20,

57:22, 58:1, 58:15,

58:16, 58:19, 58:21,

58:22, 58:25, 59:5,

59:7, 59:12, 59:18,

59:21, 59:24, 60:2,

60:8, 60:11, 60:14,

63:4, 63:8, 63:12,

64:22, 66:5, 66:14,

67:25, 70:6, 72:24,

76:15, 76:19, 76:24,

77:3, 77:24, 78:2,

78:7, 78:10, 78:18,

79:23, 80:1, 80:3,

81:24, 82:7, 83:2,

85:13, 85:17, 86:2,

86:5, 87:10, 87:14,

87:18, 87:25, 88:3,

88:6, 88:10, 88:13

MS [3] - 21:21, 22:1,

22:5

mud [1] - 86:16

Multnomah [2] -

17:22, 81:5

murder [1] - 25:9

murdered [2] - 25:17,

26:6

murderer [1] - 73:4

muscular [1] - 54:4

must [1] - 75:11

Myers [3] - 6:17, 7:5,

64:6

N

name [8] - 23:6, 23:7,

23:18, 49:10, 61:11,

62:17, 72:4, 79:8

names [5] - 53:17,

60:19, 62:3, 82:19,

83:16

nap [1] - 67:18

NASA [1] - 40:22

National [2] - 9:2,

57:17

nationwide [1] - 9:13

natural [1] - 6:16

nature [4] - 19:16,

23:23, 36:6, 53:19

Navy [9] - 25:7, 25:11,

28:21, 69:4, 69:8,

69:20, 72:12, 72:14,

74:7

near [1] - 57:6

necessarily [1] - 44:2

necessary [1] - 5:9

need [13] - 20:18,

23:25, 32:25, 33:16,

35:22, 36:13, 38:18,

49:12, 52:22, 64:5,

87:11, 87:23

needs [5] - 5:20, 16:3,

20:10, 36:14, 80:24

never [12] - 5:12, 5:16,

25:7, 29:10, 29:11,

32:10, 38:12, 49:5,

61:3, 70:3, 83:8

new [6] - 18:17, 19:14,

67:16, 67:24, 72:17,

81:24

newspaper [1] - 43:24

next [7] - 43:12, 72:22,

76:7, 83:13, 84:20,

85:8, 87:15

nice [1] - 65:19

night [1] - 63:14

nine [1] - 11:16

nobody [2] - 57:10,

57:12

none [2] - 16:8, 71:17


7

normally [3] - 15:2,

23:23, 42:19

Notary [2] - 89:7,

89:19

noted [3] - 13:7, 35:4,

80:18

nothing [6] - 29:14,

33:7, 69:20, 73:16,

73:17, 74:9

notice [4] - 15:17,

17:12, 18:21, 81:2

noticed [4] - 12:5,

14:15, 14:22, 65:4

noting [1] - 56:11

November [1] - 6:21

number [4] - 21:22,

21:23, 49:16, 61:10

Number [2] - 4:4, 5:25

numbers [1] - 72:12

O

oath [3] - 30:13,

34:19, 42:4

object [4] - 13:6,

32:19, 40:16, 67:25

objection [25] - 28:11,

33:21, 34:9, 34:15,

34:23, 35:2, 37:10,

37:15, 39:1, 40:24,

45:25, 46:1, 46:22,

49:12, 49:20, 50:4,

56:6, 56:7, 57:20,

59:5, 59:10, 66:4,

69:13, 69:16, 74:25

objects [1] - 51:6

obligation [2] - 18:5,

18:6

observed [1] - 85:19

occasions [1] - 81:18

occurred [1] - 26:21

OF [4] - 1:1, 1:2, 1:12

offer [6] - 5:8, 39:24,

54:15, 55:23, 57:3,

66:5

offered [1] - 86:25

office [2] - 72:2, 79:8

officer [5] - 24:25,

25:6, 32:8, 38:13,

61:3

Officer [1] - 31:24

officers [2] - 32:12,

32:15

official [2] - 89:10,

89:12

often [2] - 11:14,

15:11

old [2] - 70:20, 80:8

one [31] - 5:7, 8:16,

8:22, 10:13, 15:14,

17:9, 21:13, 21:14,

27:11, 36:3, 44:2,

48:14, 50:13, 51:11,

51:16, 53:24, 54:6,

55:6, 57:5, 57:8,

62:24, 71:3, 75:3,

77:24, 79:12, 81:21,

83:12, 84:4, 87:2,

88:10

one's [3] - 8:15, 8:19,

57:16

ones [1] - 61:25

ongoing [1] - 52:10

online [5] - 39:2,

39:10, 39:12, 86:15,

86:17

open [3] - 20:9, 20:18,

64:14

opening [8] - 24:17,

24:18, 24:19, 26:1,

26:25, 28:4, 28:7

operate [2] - 73:20,

74:1

operative [1] - 7:8

opinion [1] - 47:9

opportunity [2] - 42:7,

84:25

opposing [1] - 22:17

opposition [3] - 15:21,

16:5, 81:20

option [1] - 27:19

OR [3] - 2:5, 2:11, 61:8

OR45-1208446 [1] -

65:14

order [30] - 5:18, 8:4,

10:5, 11:19, 14:7,

19:18, 23:25, 33:3,

34:22, 36:14, 40:14,

45:14, 52:16, 64:7,

64:12, 65:5, 76:7,

78:10, 81:1, 81:9,

82:3, 82:17, 82:25,

83:14, 83:21, 86:20,

87:4, 87:8, 87:21,

88:8

ordered [1] - 83:7

orderly [1] - 30:25

orders [1] - 52:15

OREGON [1] - 1:1

Oregon [18] - 1:18,

5:1, 5:12, 5:16, 6:25,

7:2, 8:3, 9:1, 9:12,

10:14, 29:10, 31:18,

57:7, 63:14, 89:4,

89:8, 89:15, 89:19

Oregonian [6] - 9:6,

43:23, 58:2, 58:7,

58:8, 58:11

ORS [3] - 13:24, 53:7,

53:9

Oswego [2] - 2:11,

89:15

otherwise [7] - 29:13,

32:8, 33:1, 38:13,

61:3, 65:2, 85:3

outbreak [1] - 56:25

outside [4] - 26:6,

83:10, 85:5, 85:15

overrule [2] - 37:15,

66:3

own [3] - 19:10, 54:7,

62:20

owns [2] - 49:21,

50:10

P

Pace [2] - 89:7, 89:18

Page [1] - 63:6

page [27] - 6:7, 6:8,

6:15, 6:19, 6:24, 7:3,

35:6, 60:6, 60:7,

61:2, 61:4, 61:6,

61:7, 61:14, 61:17,

61:21, 61:22, 62:11,

63:6, 63:8, 72:3,

73:7, 73:15

Pages [1] - 89:9

pages [5] - 6:1, 27:9,

60:5, 73:2, 88:14

pain [3] - 53:10, 55:19,

56:24

painful [1] - 53:8

palpitations [3] - 8:11,

45:8, 45:21

pants [1] - 83:16

paragraph [1] - 6:8

paralegal [1] - 21:17

paramedic [1] - 56:23

paraphrasing [1] -

78:24

part [7] - 44:25, 45:1,

45:10, 45:16, 47:18,

85:14

particular [1] - 80:15

parties [4] - 19:19,

20:6, 27:17, 86:14

partner [2] - 78:12,

78:13

partners [1] - 48:22

parts [1] - 63:5

party [1] - 22:17

pass [1] - 87:2

patient [2] - 56:22,

84:5

pattern [1] - 37:12

Paul [1] - 34:12

pay [2] - 58:9, 79:20

pays [1] - 28:16

penalties [2] - 23:3,

23:15

pending [1] - 81:5

people [29] - 14:3,

18:22, 25:17, 28:17,

29:3, 35:21, 41:6,

41:8, 41:16, 43:10,

50:2, 50:14, 50:25,

52:10, 53:14, 53:22,

54:11, 59:2, 63:3,

76:4, 76:21, 78:15,

80:19, 83:13, 83:18,

83:24, 86:24, 86:25,

87:9

people's [1] - 80:21

percent [1] - 82:12

perhaps [1] - 4:18

perjurer's [1] - 81:4

perjury [2] - 23:3,

23:15

permission [1] - 16:4

permitted [1] - 79:12

person [12] - 6:16, 7:6,

8:6, 8:7, 26:23,

36:19, 53:20, 74:14,

74:15, 74:17, 80:9,

80:10

person's [1] - 28:22

personal [1] - 12:16

personally [2] - 36:22,

37:5

Persons [3] - 8:5, 55:2

petition [17] - 5:10,

8:5, 10:18, 10:22,

11:17, 12:5, 12:7,

12:11, 19:11, 26:2,

26:7, 26:22, 31:12,

32:22, 33:16, 35:16,

52:18

Petitioner [13] - 1:5,

3:4, 4:3, 10:24,

15:17, 17:5, 17:12,

20:12, 20:21, 23:9,

32:5, 59:14, 79:25

petitioner [12] - 4:23,

5:20, 10:2, 15:13,

17:11, 17:16, 23:24,

31:10, 31:11, 51:23,

86:23, 88:7

Petitioner's [4] -

49:16, 57:2, 59:10,

86:9

PETITIONER(S [1] -

2:3

petting [1] - 76:1

Petty [1] - 31:24

petty [6] - 25:6, 32:7,

32:12, 32:15, 38:13,

61:3

phone [10] - 4:13,

4:17, 8:23, 16:5,

20:25, 21:5, 21:9,

22:20, 27:13, 31:8

phony [1] - 46:17

photo [2] - 69:22, 71:3

photograph [5] -

28:20, 28:22, 49:14,

50:5, 72:1

photographer [4] -

70:19, 70:23, 74:5,

74:6

photographer's [3] -

29:1, 74:7, 74:11

photographs [2] -

16:13, 16:15

photography [1] -

73:23

photos [3] - 56:6,

56:7, 57:1

Photoshop [5] -

68:20, 73:16, 74:9,

74:10, 78:13

Photoshopped [2] -

28:21, 72:11

phrase [3] - 7:8,

43:17, 43:18

phrases [1] - 53:17

physical [4] - 53:7,

53:10, 53:20, 55:1

physically [1] - 13:19

pick [2] - 25:16, 34:13

picked [1] - 35:21

picture [12] - 42:5,

49:10, 49:25, 50:12,

50:16, 52:11, 55:22,

70:21, 70:23, 72:11,

73:3, 73:7

picture's [1] - 70:20

pictures [4] - 50:10,

55:13, 55:15, 56:13

piece [1] - 42:15

pike [2] - 78:14, 79:1

pikes [1] - 73:9

pisses [2] - 50:2,

50:14

pistol [2] - 50:2, 54:5

place [4] - 15:14,

48:24, 50:22, 50:23

places [5] - 7:21,

10:12, 11:9, 11:13,

63:25

plan [1] - 79:14

pleadings [1] - 15:4

plus [1] - 25:12

point [25] - 7:16, 8:11,

9:22, 14:24, 15:14,

17:12, 18:6, 18:14,

19:23, 20:19, 21:3,

22:19, 24:1, 29:16,

48:15, 48:17, 52:21,

53:11, 58:23, 59:13,


8

77:9, 78:4, 78:8,

80:3, 80:22

pointing [1] - 75:23

points [3] - 6:3, 30:6,

30:9

police [1] - 61:18

poo [2] - 53:12

poo-poo [1] - 53:12

poor [1] - 61:17

Portland [4] - 9:5,

9:11, 10:1, 40:11

portrait [1] - 70:20

POS [3] - 42:11,

42:12, 42:18

position [1] - 57:24

possible [5] - 19:6,

26:14, 26:20, 84:17,

89:11

post [5] - 9:3, 39:10,

39:12, 61:16, 71:18

postcard [1] - 50:22

posted [22] - 22:8,

33:5, 38:24, 39:1,

39:2, 40:8, 40:19,

40:22, 41:1, 43:15,

43:17, 45:9, 46:18,

49:11, 49:25, 50:9,

50:16, 54:10, 59:1,

61:7, 79:2

poster [22] - 9:15,

26:20, 29:4, 29:6,

38:12, 39:5, 39:16,

40:8, 40:14, 41:7,

45:9, 50:24, 54:10,

55:5, 57:4, 59:2,

61:2, 61:8, 83:9,

83:12, 83:23

posters [2] - 9:17,

9:24

posting [3] - 38:11,

60:19, 73:9

posts [1] - 29:7

potential [1] - 19:20

Power [1] - 40:22

practice [3] - 31:19,

34:2, 34:5

preclude [1] - 19:16

prefer [1] - 31:24

preliminary [6] - 4:11,

4:18, 4:22, 5:3, 5:4,

10:7

premises [1] - 11:21

preopening [1] -

26:18

prerogative [1] - 87:19

present [13] - 13:8,

13:19, 20:16, 22:17,

24:6, 24:16, 25:25,

27:18, 30:10, 31:8,

37:21, 39:23, 42:7

presented [5] - 20:1,

20:4, 82:6, 85:15,

86:12

presenting [1] - 52:20

presents [1] - 83:24

president [1] - 16:14

Press [1] - 50:22

pretty [1] - 19:8

Prevention [1] - 55:3

price [1] - 58:10

prima [1] - 81:10

printed [1] - 50:25

Pro [1] - 1:17

problem [4] - 30:4,

51:23, 84:20, 87:8

problems [1] - 45:13

procedure [1] - 29:16

proceed [15] - 4:20,

5:18, 7:17, 7:25,

20:4, 20:20, 22:18,

23:9, 23:22, 23:23,

24:22, 30:16, 31:15,

31:18, 42:8

proceeding [6] - 5:6,

5:15, 6:10, 7:23,

22:16, 85:18

proceedings [1] -

89:13

PROCEEDINGS [1] -

1:12

process [4] - 14:17,

45:4, 81:1, 87:24

processes [1] - 15:2

profanity [1] - 53:17

professional [2] -

70:19, 70:23

promoted [1] - 32:10

pronounce [1] - 37:2

proof [3] - 5:9, 17:16,

17:18

prosecuting [1] - 81:6

protect [1] - 10:16

protective [3] - 64:7,

64:12, 65:5

prove [8] - 18:7,

23:24, 36:8, 36:11,

54:1, 69:18, 69:19,

86:20

proved [1] - 82:8

proven [4] - 81:13,

81:14, 81:15, 85:25

provide [3] - 23:11,

24:2, 32:25

proving [2] - 20:14,

80:5

Public [2] - 89:8,

89:19

public [7] - 42:25,

43:1, 43:7, 46:24,

47:9, 47:25, 83:6

publication [1] - 58:6

publish [3] - 9:8, 58:3,

58:10

published [1] - 9:15

pull [1] - 43:23

purports [1] - 69:1

purpose [1] - 85:18

purposes [1] - 85:21

Pursuant [1] - 55:1

pushed [1] - 78:15

pussy [1] - 47:12

put [17] - 5:9, 9:16,

12:7, 27:18, 46:19,

50:22, 50:23, 64:16,

64:17, 71:9, 80:10,

80:13, 80:16, 83:22,

85:22, 85:23, 85:24

putting [2] - 67:16,

67:23

Q

qualify [1] - 18:11

quality [1] - 89:12

quash [3] - 6:11, 7:20,

18:1

questioning [1] -

20:13

questions [15] - 10:21,

31:11, 31:15, 33:16,

35:16, 38:19, 42:9,

44:18, 46:3, 58:18,

68:22, 72:24, 76:13,

77:16, 78:3

quick [2] - 29:16, 84:4

quite [1] - 17:20

R

radio [3] - 9:12, 9:13,

43:25

rafters [1] - 54:6

raise [2] - 22:21, 23:10

raised [6] - 13:25,

17:12, 18:22, 19:24,

22:22, 54:6

ran [3] - 43:9, 70:18,

76:2

rank [2] - 28:23, 32:10

Rask [2] - 1:17, 22:14

rattling [1] - 81:21

Raymond [1] - 1:17

re [1] - 54:17

reactivated [1] - 77:7

read [14] - 8:3, 10:17,

38:16, 39:21, 39:23,

45:16, 45:17, 48:19,

51:20, 52:18, 59:4,

61:20, 68:24

readers [2] - 51:11,

51:16

ready [1] - 9:9

real [1] - 37:23

really [2] - 47:3, 48:18

reason [3] - 66:19,

71:7, 83:23

reasons [1] - 80:8

rebuttal [2] - 21:3,

78:3

received [2] - 15:4,

28:24

recipient [1] - 16:15

recited [1] - 5:10

recognize [6] - 65:11,

70:8, 70:10, 70:15,

72:7, 73:14

recollection [4] - 35:7,

67:19, 68:13, 77:6

record [13] - 15:22,

20:9, 20:18, 23:6,

23:18, 56:12, 69:2,

81:19, 83:10, 85:8,

86:13, 89:10, 89:13

recording [1] - 88:16

records [1] - 32:9

recover [1] - 84:16

red [1] - 41:18

redirect [1] - 79:15

refer [1] - 28:17

reference [4] - 7:10,

13:6, 30:2, 82:5

referenced [2] - 61:14,

62:1

referring [3] - 7:1,

13:13, 78:19

refresh [2] - 35:7,

67:18

refusing [1] - 65:2

refute [1] - 14:15

regarding [1] - 17:9

regularly [1] - 1:16

reign [1] - 54:7

relate [1] - 11:20

related [3] - 8:12,

38:4, 40:14

relates [3] - 19:14,

66:6, 76:23

relation [1] - 6:22

release [1] - 53:24

released [1] - 84:9

relentless [1] - 64:11

relevance [2] - 57:20,

66:1

relevancy [2] - 32:19,

37:11

relevant [6] - 31:11,

35:16, 57:25, 63:5,

66:4, 77:23

relief [4] - 5:19, 6:5,

8:5, 18:11

remain [4] - 10:14,

22:20, 54:23, 88:8

remember [9] - 18:16,

31:23, 36:21, 36:24,

37:17, 38:13, 48:1,

67:15, 68:1

REMEMBERED [1] -

1:15

remove [1] - 48:20

renew [1] - 80:4

reporter [2] - 9:6, 9:7

Reporter [2] - 89:7,

89:19

represent [2] - 60:4,

71:25

representing [2] -

4:10, 4:24

request [2] - 14:1,

14:14

requests [1] - 20:8

required [1] - 31:13

requirement [4] -

33:3, 52:9, 52:16,

86:19

requirements [3] -

33:11, 33:15, 87:7

requires [2] - 36:2,

52:17

reserve [1] - 19:24

reside [10] - 6:17,

15:14, 17:25, 18:10,

18:11, 18:13, 63:13,

63:22, 64:2, 65:3

resided [4] - 63:21,

66:19, 66:25, 67:7

residence [7] - 8:7,

15:12, 63:15, 63:17,

63:19, 64:23, 64:25

residency [8] - 17:4,

17:10, 19:9, 19:14,

19:20, 20:5, 20:11,

20:14

resident [10] - 5:8,

5:11, 5:20, 5:22, 6:4,

7:6, 10:12, 10:14,

12:12, 14:5

resides [1] - 16:11

residing [6] - 10:25,

11:3, 11:7, 11:11,

11:21, 12:6

resolved [1] - 17:24

respecting [1] - 85:21

respond [2] - 15:9,

19:19

Respondent [6] - 1:8,

4:4, 4:10, 12:12,

52:2, 86:11

respondent [13] -

12:6, 13:15, 13:19,

17:10, 19:10, 20:12,


9

24:2, 33:1, 36:13,

55:24, 59:16, 86:22,

87:4

Respondent's [1] -

66:12

RESPONDENT(S [1] -

2:8

response [3] - 7:25,

16:4, 66:11

rest [6] - 45:17, 59:15,

70:21, 70:24, 83:22,

85:19

restated [1] - 85:22

restraining [23] - 10:5,

11:19, 14:7, 19:18,

23:25, 33:3, 36:13,

40:14, 45:14, 52:15,

52:16, 76:6, 78:10,

81:1, 81:9, 82:3,

82:17, 82:24, 83:14,

86:20, 87:4, 87:7,

87:21

restructure [1] - 65:19

rests [1] - 79:25

retired [1] - 25:12

retract [1] - 19:1

Revised [1] - 8:3

ridicule [2] - 41:21,

53:17

rifle [1] - 49:7

rights [2] - 10:18,

87:20

rise [1] - 36:5

rises [1] - 53:3

Road [1] - 2:10

Rod [1] - 4:10

rodboutin@comcast

.net [1] - 2:12

Roderick [1] - 2:9

root [2] - 71:14, 79:11

rope [1] - 54:6

rotten [1] - 48:24

route [1] - 16:23

routine [3] - 31:19,

34:2, 34:5

rubber [1] - 27:11

rule [1] - 20:15

Rule [1] - 31:19

S

sails [1] - 77:12

saw [10] - 13:19, 41:6,

57:6, 57:11, 74:16,

74:20, 74:23, 75:3,

81:21

sawed [1] - 35:6

sawed-off [1] - 35:6

scary [1] - 50:3

scheduling [1] - 22:8

school [2] - 70:18,

83:17

scope [3] - 26:7, 49:7,

76:12

Scouts [1] - 32:11

Sea [1] - 32:11

seated [1] - 54:23

Seavey [7] - 71:6,

71:8, 72:10, 72:13,

72:15, 78:13

second [13] - 5:18,

6:7, 6:8, 10:3, 19:13,

32:2, 40:23, 48:11,

48:13, 61:5, 61:16,

72:9, 73:7

Security [2] - 24:25,

75:11

see [18] - 8:15, 8:17,

10:22, 13:21, 15:6,

15:11, 21:3, 45:11,

46:8, 46:14, 51:6,

57:9, 62:14, 70:20,

74:22, 75:1

seeing [1] - 52:19

seeks [3] - 16:1, 16:2,

18:1

seem [1] - 14:17

self [1] - 25:9

self-murder [1] - 25:9

send [5] - 37:4, 37:6,

43:21, 64:13, 68:11

sending [3] - 36:21,

36:24, 37:18

sensitive [1] - 15:15

sent [7] - 29:12, 67:13,

68:14, 70:4, 72:13,

72:21

sentence [3] - 7:8,

43:13, 47:7

serve [2] - 83:6, 83:7

served [4] - 7:5, 14:6,

14:8, 28:25

server [2] - 79:14,

79:20

service [9] - 6:11, 7:6,

7:10, 7:20, 18:1,

28:23, 28:24, 69:2,

82:13

set [2] - 53:13, 85:8

severe [1] - 58:10

shall [1] - 56:1

shame [2] - 26:15,

26:21

Shepard [1] - 70:12

sheriff [2] - 14:9,

14:11

shift [1] - 24:1

shifts [1] - 86:11

shingles [9] - 8:12,

44:24, 45:5, 53:8,

55:4, 55:7, 55:8,

55:23

shipping [1] - 7:7

shit [2] - 42:15, 46:20

shooting [1] - 15:10

shortly [2] - 58:20,

88:5

shotgun [2] - 34:13,

35:6

show [13] - 9:13,

26:19, 29:18, 29:25,

35:17, 35:22, 43:25,

44:3, 54:25, 55:24,

56:3, 62:18, 77:20

showed [1] - 29:20

showing [6] - 16:14,

16:23, 28:23, 35:23,

37:12, 37:13

shows [5] - 32:25,

55:7, 55:8, 55:9

sic [1] - 66:23

side [3] - 15:8, 18:17,

20:8

sides [1] - 15:3

significant [1] - 53:19

signs [1] - 55:8

simple [1] - 62:9

simply [2] - 68:15,

79:14

sit [3] - 8:2, 9:18, 65:6

sitting [1] - 14:20

situation [1] - 69:22

six [2] - 63:20, 66:20

sixty [1] - 43:10

sleep [1] - 48:3

slept [1] - 63:14

so.. [1] - 72:14

Social [2] - 24:25,

75:10

soldier [1] - 46:17

solicit [2] - 33:13,

33:14

soliciting [1] - 36:8

someone [1] - 26:5

Sophomore [1] - 54:8

sorry [5] - 18:23, 30:7,

43:16, 46:12, 54:12

sort [3] - 22:8, 49:7,

56:23

sought [2] - 6:5, 67:10

sound [2] - 24:23,

49:10

sounded [1] - 57:12

sounds [2] - 19:14,

41:9

source [1] - 70:17

south [1] - 36:4

space [2] - 48:4, 48:8

speaker [1] - 22:15

speaks [1] - 63:9

Special [12] - 71:11,

72:1, 73:18, 73:21,

73:24, 74:3, 79:3,

79:6, 79:7, 79:8,

79:11

specific [1] - 6:3

specifically [3] -

17:14, 18:15, 87:15

speech [1] - 18:14

spell [2] - 23:5, 23:17

spend [1] - 51:17

spread [1] - 42:22

square [1] - 48:23

squarely [1] - 53:22

ss [1] - 89:4

stage [1] - 55:9

staking [1] - 25:6

stamp [1] - 50:23

stand [4] - 4:17, 5:9,

15:25, 58:19

standard [1] - 36:3

standing [2] - 15:23,

34:23

start [3] - 24:5, 84:25,

86:8

started [3] - 22:16,

50:18, 64:8

STATE [1] - 1:1

state [4] - 23:6, 23:18,

30:13, 40:9

State [4] - 1:18, 12:13,

89:4, 89:8

statement [18] - 6:9,

6:13, 6:16, 6:20,

6:25, 7:4, 7:13,

17:25, 26:18, 26:25,

28:5, 41:15, 47:16,

48:6, 48:20, 53:24,

60:24, 61:22

statements [5] -

17:19, 51:24, 52:2,

62:1, 86:16

States [3] - 25:7,

32:15, 63:25

states [11] - 8:3,

10:15, 11:25, 61:10,

63:20, 66:19, 66:24,

67:1, 67:2, 67:4,

67:8

statute [19] - 5:19,

7:17, 10:16, 10:17,

10:18, 17:15, 17:17,

18:12, 20:13, 33:10,

33:14, 34:1, 52:4,

53:6, 80:15, 81:15,

86:17, 87:15

Statute [1] - 8:3

statutory [4] - 33:3,

52:9, 52:15, 87:7

stay [3] - 54:22, 83:7,

83:24

steps [1] - 85:8

stick [3] - 32:22,

34:13, 36:17

still [10] - 12:8, 35:15,

47:21, 48:21, 49:2,

58:16, 75:5, 80:23,

85:17

stipulate [1] - 39:18

Stolen [1] - 47:3

stomp [3] - 36:22,

37:5, 82:22

stop [10] - 10:3, 10:19,

19:4, 29:12, 48:12,

56:24, 77:22, 82:19,

82:20, 83:15

stopped [6] - 55:18,

56:24, 74:11, 82:18,

82:24, 83:20

stops [2] - 45:20,

48:22

store [1] - 7:7

street [1] - 57:6

strength [2] - 7:22,

81:22

stress [5] - 8:12,

44:23, 44:24, 53:8,

55:5

strike [1] - 82:4

stripes [1] - 43:4

strong [1] - 51:24

strongly [1] - 10:3

stuff [3] - 40:9, 78:25,

83:17

subject [8] - 5:13,

5:16, 21:3, 40:10,

67:17, 80:5, 85:25,

86:23

Subject [1] - 41:10

substantial [1] - 69:18

substitute [2] - 7:6,

7:10

sudden [1] - 14:15

sue [2] - 47:25, 62:24

sued [1] - 82:2

suffer [1] - 45:11

suffering [1] - 45:21

sufficient [1] - 86:20

suggesting [1] - 17:3

suicide [2] - 25:8,

78:16

Suite [1] - 2:10

Summerlin [1] - 64:6

summons [2] - 6:11,

18:1

sun's [1] - 36:5

Sunday [2] - 8:17,

57:9

Supreme [5] - 10:11,


10

47:4, 47:6, 47:7,

48:25

surprise [6] - 15:20,

16:8, 17:4, 18:8,

19:10, 20:2

surrounded [1] - 76:4

surrounding [1] -

11:18

survey [1] - 60:5

suspended [1] - 76:1

sustain [5] - 40:24,

49:19, 49:23, 50:7,

57:21

SW [1] - 2:4

swear [1] - 22:23

sworn [6] - 17:19,

17:25, 22:21, 23:2,

23:10, 23:14

T

table [1] - 21:18

tall [1] - 54:4

tap [1] - 14:20

target [2] - 25:16,

35:21

targeting [1] - 65:7

tasked [1] - 72:19

team [1] - 12:18

telephone [2] - 15:22,

81:20

Television [1] - 9:5

television [1] - 77:20

Tem [1] - 1:17

temporary [2] - 82:17,

82:24

ten [10] - 11:16, 18:16,

63:20, 66:19, 66:23,

67:1, 67:2, 67:4,

67:7, 73:20

Terence [1] - 44:5

term [5] - 28:21,

41:11, 42:12, 42:14

terms [6] - 15:1,

15:11, 15:12, 15:17,

20:2, 20:11

terror [1] - 54:7

terrorism [1] - 8:14

terrorize [1] - 25:17

Terrorized [1] - 8:6

terrorized [1] - 9:14

terrorizing [4] - 8:10,

25:2, 35:21, 72:19

testified [13] - 23:3,

23:15, 37:22, 37:23,

38:24, 48:19, 49:21,

62:10, 66:23, 69:21,

78:15, 81:17, 82:14

testify [4] - 33:19,

34:19, 54:21, 66:8

testifying [6] - 24:6,

27:22, 27:24, 30:24,

33:24, 55:12

testimony [17] - 12:21,

13:18, 23:11, 30:2,

40:25, 45:21, 58:22,

61:12, 62:4, 62:20,

64:14, 75:3, 75:5,

78:4, 78:18, 81:22,

81:23

THAT [1] - 1:15

THE [242] - 1:1, 1:2,

2:3, 2:8, 4:3, 4:6,

4:8, 4:12, 4:15, 4:20,

5:2, 7:24, 9:25, 10:2,

10:10, 10:21, 11:3,

11:6, 11:10, 11:13,

11:17, 11:23, 12:1,

12:4, 12:11, 12:24,

13:4, 13:7, 13:10,

13:18, 13:23, 14:6,

14:11, 14:23, 16:7,

16:19, 17:2, 17:8,

18:19, 18:25, 19:3,

19:8, 20:24, 21:8,

21:10, 21:11, 21:12,

21:13, 21:15, 21:16,

21:19, 21:24, 22:4,

22:6, 22:11, 22:14,

22:23, 23:5, 23:8,

23:17, 23:19, 23:21,

24:9, 24:12, 24:14,

24:21, 25:19, 25:24,

26:5, 26:11, 27:3,

27:7, 27:16, 27:22,

28:1, 28:6, 28:12,

29:19, 29:21, 30:3,

30:7, 30:10, 30:15,

30:18, 30:23, 31:2,

31:5, 31:10, 32:2,

32:3, 32:4, 32:21,

32:24, 33:9, 33:22,

34:6, 34:16, 34:18,

34:25, 35:2, 35:4,

35:14, 35:19, 35:22,

36:2, 36:11, 36:17,

37:9, 37:14, 37:17,

37:19, 38:23, 39:6,

39:9, 39:13, 39:14,

39:17, 39:22, 40:2,

40:4, 40:18, 40:23,

41:4, 42:6, 42:9,

44:8, 44:11, 44:16,

44:18, 45:25, 46:2,

46:23, 48:12, 48:16,

49:17, 49:19, 50:7,

50:9, 51:9, 51:10,

51:19, 51:22, 52:2,

52:6, 52:22, 52:25,

53:5, 54:14, 54:17,

54:20, 54:23, 55:12,

55:16, 55:21, 56:3,

56:5, 56:9, 56:11,

56:14, 56:15, 56:17,

57:1, 57:21, 57:24,

58:14, 58:17, 58:24,

59:6, 59:9, 59:14,

59:20, 59:22, 60:1,

60:10, 62:8, 62:14,

62:16, 62:19, 63:1,

63:2, 63:7, 63:10,

64:5, 64:6, 64:14,

64:16, 64:20, 65:10,

66:1, 66:3, 66:6,

66:8, 66:10, 66:11,

68:22, 69:11, 69:13,

69:15, 69:17, 69:21,

69:25, 70:1, 70:2,

72:23, 73:1, 76:9,

76:10, 76:11, 76:14,

76:16, 76:17, 76:22,

77:1, 77:18, 77:22,

78:1, 78:6, 78:9,

78:17, 79:21, 79:24,

80:2, 82:4, 83:1,

84:3, 84:10, 84:13,

84:19, 84:23, 84:25,

85:11, 85:16, 86:4,

86:7, 87:12, 87:17,

87:19, 88:2, 88:7,

88:12, 88:15

thereafter [1] - 26:17

thereby [1] - 79:13

therefore [2] - 6:5,

17:25

they've [1] - 84:14

thief [1] - 29:3

thieves [2] - 28:18,

48:25

thinking [1] - 47:19

Thomas [1] - 1:16

thoughts [1] - 58:13

thousand [2] - 43:10,

75:13

thousands [1] - 32:12

threaten [3] - 29:14,

35:5, 53:19

threatened [1] - 33:1

threats [6] - 36:19,

48:7, 53:18, 82:18,

82:19, 82:20

three [4] - 21:14, 46:7,

50:17, 81:18

threw [1] - 14:16

throw [1] - 48:24

throwing [1] - 86:16

ticket [2] - 65:18,

65:20

tie [1] - 86:21

Tigard [7] - 2:5, 7:12,

57:7, 63:14, 70:18,

74:19, 74:23

Tigard-Tualatin [1] -

70:18

tile [5] - 67:16, 67:21,

67:22, 67:24, 68:18

today [16] - 6:6, 19:6,

21:18, 23:11, 26:3,

28:14, 40:12, 46:11,

63:13, 68:15, 69:3,

69:7, 74:12, 84:7,

85:1, 85:15

tomatoes [1] - 48:24

tomorrow [3] - 9:8,

58:3, 58:5

took [5] - 12:15,

16:14, 29:3, 59:3,

70:23

tool [1] - 82:22

top [3] - 49:7, 70:22,

72:3

Topeka [3] - 61:17,

62:23

torrent [1] - 53:14

totally [2] - 69:9,

69:17

tourist [1] - 67:10

tracking [1] - 52:4

traffic [2] - 65:17,

65:20

transcribed [1] -

89:10

TRANSCRIPT [1] -

1:12

transcript [2] - 89:9,

89:11

travel [3] - 16:24, 79:9

travelled [1] - 12:19

travels [1] - 16:3

treatment [1] - 56:19

trip [2] - 16:12, 67:8

trouble [1] - 67:21

true [7] - 5:11, 33:6,

41:23, 41:24, 58:9,

87:2, 89:11

truth [2] - 41:12, 52:11

truthful [1] - 13:3

try [4] - 36:8, 39:3,

77:14, 85:2

trying [7] - 14:21,

34:6, 35:17, 39:7,

44:13, 52:6, 84:14

Tualatin [3] - 9:4,

57:19, 70:18

turn [1] - 86:9

turning [1] - 53:21

TV [3] - 9:12, 9:13,

43:25

twice [1] - 76:5

two [14] - 4:11, 5:24,

7:19, 17:9, 21:13,

30:5, 30:8, 40:7,

52:10, 55:14, 63:20,

75:13, 80:7, 85:5

twofold [1] - 5:5

type [1] - 36:13

U

ultimate [1] - 63:18

under [18] - 5:19, 7:17,

8:5, 10:16, 10:18,

17:17, 18:11, 23:3,

23:15, 30:13, 31:18,

34:19, 42:4, 45:14,

49:10, 78:6, 85:18

unhappy [1] - 47:3

unidentified [1] - 7:6

uniform [2] - 72:20

United [3] - 25:7,

32:15, 63:25

unleash [1] - 83:13

unleashed [1] - 57:22

unless [1] - 78:3

unmarked [1] - 72:12

Unmarked [1] - 61:1

untruthful [1] - 14:4

up [17] - 5:3, 6:25,

8:24, 14:20, 33:4,

34:12, 43:21, 48:21,

50:25, 78:24, 78:25,

81:24, 81:25, 82:2,

83:24, 85:7, 88:4

US [6] - 17:21, 25:11,

28:10, 47:7, 48:18,

65:13

uses [3] - 12:9, 16:2,

81:9

ussyorktowncvs10

@yahoo.com [2] -

2:5, 68:4

usual [1] - 23:20

V

VA [4] - 55:17, 56:20,

75:10, 82:12

vague [1] - 49:20

valor [3] - 28:18, 29:3,

48:25

Valor [1] - 47:3

value [1] - 12:22

verify [1] - 10:22

vernacular [1] - 28:17

version [1] - 18:4

versus [4] - 15:12,

33:20, 47:7, 48:19

veterans [3] - 25:13,

25:14, 72:19

Veterans [2] - 9:2,

25:9


11

VFW [4] - 9:3, 43:22,

57:17, 57:19

victims [1] - 73:9

Victor [1] - 23:7

Vietnam [2] - 25:9,

29:2

view [1] - 18:5

vigilantes [1] - 49:1

village [1] - 48:23

violation [1] - 65:18

Virginia [13] - 5:8,

5:11, 8:9, 12:6,

12:13, 14:5, 14:12,

16:11, 17:1, 17:4,

19:9, 19:11, 42:12

VOICE [7] - 22:10,

84:8, 84:11, 84:18,

84:21, 84:24, 85:10

voice [1] - 87:11

vs [1] - 1:6

W

wait [3] - 19:24, 21:6,

29:23

waiting [1] - 51:6

waive [1] - 24:17

walked [2] - 75:22,

75:25

walker [1] - 16:2

walking [1] - 15:24

WANTED [10] - 9:15,

9:24, 26:20, 38:12,

59:2, 61:2, 61:7,

83:9, 83:12, 83:23

wants [1] - 28:6

War [2] - 9:2, 29:2

war [1] - 25:15

warning [2] - 78:22

warrant [2] - 47:8,

48:25

Wasco [1] - 34:20

WASHINGTON [1] -

1:2

Washington [11] -

1:18, 6:12, 7:18,

10:25, 11:4, 11:23,

12:19, 13:15, 16:21,

17:23, 81:19

weapons [1] - 48:10

wearing [3] - 43:4,

43:6, 72:20

web [1] - 72:3

website [23] - 26:24,

28:15, 28:16, 29:7,

29:8, 38:11, 46:6,

46:7, 46:9, 46:14,

47:21, 49:2, 62:3,

71:11, 71:13, 71:16,

72:5, 72:8, 73:3,

73:18, 73:21, 74:1,

79:16

websites [2] - 71:14,

79:19

week [2] - 72:2, 84:20

weekend [1] - 45:13

weeks [6] - 5:24, 7:19,

14:19, 63:24, 63:25,

66:20

West [13] - 5:8, 5:11,

8:9, 12:6, 12:13,

14:5, 14:12, 16:11,

16:25, 17:4, 19:9,

19:11, 42:12

wheelchair [2] - 16:3,

16:16

whiskers [1] - 70:22

White [4] - 16:12,

16:14, 16:23, 17:1

Whittenberg [1] -

36:22

Whittinger [1] - 36:25

whole [3] - 79:13,

81:22, 88:14

Wickentide [1] - 37:1

Wicker [1] - 34:12

wife [9] - 8:11, 45:8,

45:11, 45:18, 45:21,

47:11, 64:19, 65:7,

82:18

wife's [2] - 45:13,

64:16

willful [1] - 53:9

Williams [3] - 33:20,

34:3, 34:19

wind [1] - 77:12

winter [1] - 36:4

withdraw [1] - 77:25

WITNESS [25] - 23:19,

32:3, 34:18, 37:9,

37:17, 39:6, 39:13,

46:23, 51:10, 56:14,

62:14, 62:19, 63:2,

64:6, 64:16, 66:1,

66:6, 66:10, 69:13,

69:17, 69:25, 70:2,

76:10, 76:14, 76:16

witness [19] - 22:20,

22:24, 24:7, 24:9,

24:15, 27:20, 27:21,

27:24, 30:19, 31:17,

38:24, 39:2, 46:3,

49:18, 50:5, 53:25,

54:15, 58:16

Witness [2] - 3:1,

89:15

witnesses [8] - 20:22,

21:1, 21:2, 21:3,

21:14, 24:10, 84:9,

84:17


12

woman [3] - 61:17,

62:23

women [1] - 76:1

word [1] - 20:3

words [4] - 33:2,

41:19, 47:12, 47:13

world [1] - 42:23

worth [1] - 85:1

wrap [1] - 6:25

write [1] - 67:23

writes [1] - 58:2

wrote [5] - 46:10,

46:15, 47:10, 47:20,

48:2

Y

yacht [1] - 32:14

year [4] - 11:15, 56:17,

74:10, 78:11

years [19] - 25:1, 25:3,

28:24, 29:1, 30:14,

50:17, 66:7, 69:9,

69:20, 70:20, 70:23,

73:20, 75:13, 77:5,

79:7, 80:8, 82:3,

82:10

yell [1] - 43:1

yelled [1] - 76:3

yellow [1] - 61:9

Yelp [1] - 77:8

yourself [6] - 4:24,

20:22, 24:6, 31:2,

55:13, 55:22

bernath ro ftr 5.25.14

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