deposition of orange county clerk of courts lydia gardner re: retaliatory bogus injunction filed by...

8/3/2019 Deposition Of Orange County Clerk Of Courts Lydia Gardner Re: Retaliatory Bogus Injunction Filed By Court Attorney Stephanie Howell

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PRESHA REPORTINGP.O. Box 511

Goldenrod, Florida 32733(407) 672-0822

2IN THE CIRCUIT COURT OF THENINTH JUDICIAL CIRCUIT, IN ANDFOR ORANGE COUNTY, FLORIDACASE NO. : 03-DR-5311

4 STEPHANIE HOWELL,5 Petitioner,6 vs.7 LOUIS VEGA AND LUCY OLNEY,8 Respondents.9 * * * * * * * * * * * * * *

DEPOSITION OF: LYDIA GARDNERDATE: Wednesday, May 21, 2003TIME: 10:20 a.m. to 10:40 a.m.PLACE: 609 East Central Boulevard

Orlando, FloridaREPORTED BY: SUSAN K. PRESHA

Court Reporter, Notary Public* * * * * * * * * * * * * *


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1 APPEARANCES:2 JAMES E. TAYLOR/ JR./ ESQUIRE

126 East Jefferson Street3 Orlando/ Florida 328014 Appearing on behalf of the Petitioner5 ROGER L. WEEDEN/ ESQUIRE

Law Offices of Roger L. Weeden6 609 East Central Boulevard

Orlando/ Florida 32801

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Appearing on behalf of the RespondentsALSO PRESENT: Stephanie Howell

PRESHA REPORTING407.672.0822


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2 TRANSCRIPT OF PROCEEDINGSDeposition held May 21, 2003

3TESTIMONY OF LYDIA GARDNER:

4DIRECT EXAMINATION by Mr. Weeden 45

STIPULATIONS 206

CERTIFICATE OF OATH 217

REPORTER'S DEPOSITION CERTIFICATE 228

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1 THEREUPON:4

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today. This is in regards to an injunction where the

2 The following proceedings were held:3 LYDIA GARDNER,4 a witness herein, after having been first duly sworn,5 was examined and testified as follows:6 DIRECT EXAMINATION7 BY MR. WEEDEN:

Q. Would you state your name, please?9 A. Lydia Gardner.

10 Q. And you're the Clerk of the Court for the11 Ninth Judicial Circuit in Orange County, correct?

Yes, sir. Clerk of the Court for Orange2 A.13 County Ninth Judicial Circuit, larger than Orange14 County.15 Q. Right.16 And in that capacity, it's your duty to17 retain the court files and make sure the process goes18 smoothly, correct?19 A. Yes.

Okay. And you were Clerk of the Court back0 Q.21 in -- well, how long have you been Clerk of the Court?

22 A. Since January 3, 2001.Okay. Now, you understand why we're here3 Q.

2425 Petitioner is Stephanie Howell and the Respondents are



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2

Q.

1 Louis Vega and Lucy Vega?A.

3 Q.Yes.Okay?

4 And you've been -- have you seen that5 petition?6 A. Yes.

Okay. In the petition it indicates that youQ.8 were given information --9 A. Oh, I'm sorry. I have not seen the petition.

10 I thought you were asking did I receive the subpoena,11 and121314

Q.A.Q.

15 petition16171819

A.Q.A.Q.

Okay.-- which, of course, I did.Okay. So you've not -- you haven't seen the

No.that's been filed in the case?

No.In the petition, it stated that the

20 there's been some report made to you by21 Stephanie Howell alleging stalking, harassing behavior

22 by Louis Vega or Lucy Olney.23 Okay?2425

A. Yes.And Stephanie Howell is an employee of yours?



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A. Yes. She's my staff attorney.Q. Okay. Do you have more than one staff

3 attorney?45

A. No.Q. And how long has she been your staff

6 attorney?7

8

A. Ever since I've been there. I inherited her.Q. Okay. At some time, had she complained to

9 you about Louis Vega or Lucy Olney?1011

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A. Yes.Q. Okay. When did she first do that?A. I don't have any recollection of the date.Q. Since

MR. TAYLOR: Roger, let me talk to you aminute. Go off the record for a second.

(Whereupon, a brief discussion was held offthe record, after which the following proceedingscontinued:)

MR. TAYLOR: Okay. I'm James Taylor.represent Stephanie Howell. There was a mutualsettlement agreement in the estate of William H.

Olney, O-l-n-e-y, Jr. And in that mutualsettlement agreement it was contemplated that thispetition for an injunction for protection againstrepeated violence as pertains to Lucy Vega Olney,



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And I suggested that she

or Lucy Olney Vega, would be dismissed. And I2 will be filing a dismissal of her, but not as to

Louis Vega. So -- okay.Okay.R. WEEDEN:

MR. TAYLOR:MS. HOWELL:MR. TAYLOR:

ahead.MR. WEEDEN:

BY MR. WEEDEN:

Is that your understanding?Yes, it is.Okay. I'm sorry, Roger. Go

Okay.

Q. Prior to -- or let me ask you this question.12 Since the first of the year, since January 2003, has13 Stephanie Howell complained to you about any kind of14 harassing behavior on the part of Louis Vega?15 A. Yes.16 Q. And you're not clear as to what month,17 though, that she18 A. No.19 Q. -- would have made the complaint?20 What can you -- what was the nature of the21 complaint?

2223

A. Well, Steph mentioned that Louis wasfollowing her, she believed.

24 go get an injunction.25 Q. SO this was probably at the end of March?



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81 If I had records, I. I can't tell you, Roger.2 could tell you when the Sheriff's deputies escorted him3 out of the domestic division in my office --45

Q.A.

Okay.-- because he was -- he was really terrifying

6 the deputy clerks in that division. And it's rare for7 them to have to call the Sheriff in.89

Q. Okay. Well, let's back up a second, then.So you were aware that that happened that

10 day, correct?11

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A.Q.A.Q.

A.Q.A.Q.

filed.

Yes.Okay.I was aware of that, that that happened.I believe that was on April the 4th.Does that sound right to you?I don't have any documents in front of me.Okay.There's no way I can tell you dates.It's hard to read the date the petition was

The date -- the petition's dated April the 3rd.21 So I assume it was either filed April the 3rd or April

22 the 4th.23 And are you saying that -- the date that they24 were escorted from the courthouse, were you made aware25 of that?



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91

Q.

I was made aware of that, yes.By whom?The people in our domestic division.Do you recall who those people were?I believe it was our manager, Joan Harrelson.MR. TAYLOR: Harrelson?

A.2 Q.

THE WITNESS: H-a-r-r-e-I-s-o-n.

3 A.

Yes.8 BY MR. WEEDEN:

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4 Q.

And she placed a phone call to you?I don't know if she made the call or if

11 someone else brought the message to me.

5 A.

12 Q. Okay.1314

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9 Q.

I don't know.Were you aware at that time that the

15 injunction had been granted?161718

A.

A.Q.

A. No. There was I don't believe there wasan injunction at that time.

Q.

A.

I believe this precededthe injunction. And my annoy about that is what

19 precipitated my suggestion to Steph that she go get an

21

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20 injunction.Okay. How many times are you aware they were

22 escorted from the courthouse?I was just aware of one time.Just one time?Do you know who the deputy was, or who the



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101 deputies were that did that?234

A.Q.A.

5 Sheriff.6789

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Q.A.Q.A.Q.A.

No, I don't; but I know it's in the report.Okay.We can certainly retrieve that from the

Have you seen this report?No.Who told you there was a report?Chief Black.And Chief Black is?Chief Dave Black. He's head of court

12 security for the Sheriff.13 Q. Would it surprise you to learn, though, that14 the injunction was already in place at that time?1516

A.Q.

Probably.Would it surprise you to learn that when they

17 went down to escort them, they served the injunction on18 them at that time?1920

A.Q.

I wouldn't know.Okay. Have you ever in the past had to have

21 anybody ejected from the clerk's office?

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A.Q.

Yes. From one of the divisions, yes.Okay. Let me ask you this question. The

24 date that they were ejected from the courthouse, did25 you go downstairs, yourself?



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A.Q.A.Q.

Yes.Did you see these people?No.Okay. Were they already gone when you went

5 down there?67

A.Q.

Yes.To your knowledge, has anybody in your office

8 filled out any affidavits in regards to that ejection?9

10A.Q.

I don't know.Did you, that day, request that deputies come

11 and eject these people from the courthouse?1213

A.Q.

No.When Ms. Harrelson called you, did you give

14 her any instructions?15 A. No. She said they were already gone.16 "They've come, they've gone."17 Q. Okay. They've come and they -- you said,18 "They've come and they've gone," in terms of being19 ejected, or could this have been a different day?20 A. I am not sure I understand what you mean21 about a different day.

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Q.A.Q.

25 ejected?

WellOh, it was that very day.Okay. The date they were ejection --



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2A.Q.

Yes.Okay. So when she called you, she reported

3 to you about the deputies coming there?4567

A.Q.A.Q.

Yes.And removing them from the courthouse?Yes. Yes.So prior to their removal, you were not aware

8 they were down there?9

10A.Q.

Correct.Have you, yourself, personally ever seen

11 well, would you know Louis Vega if you saw him?1213

A.Q.

I don't believe so.Okay. So you've never been to the clerk's

14 office in response to any disruption or --1516

A.Q.

No.anything of that nature on behalf of

17 Mr. Vega, correct?18 A. No, nor anyone else. They wouldn't call me.19 They'd call court security.2021

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Q.A.

Q.

Okay.They report it to me after the fact.

Okay. Other than that day when Ms. Harrelson23 called you, are you aware of any other days when they24 were believed to have been disruptive in the court25 in the clerk's office?



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131 I'm not aware of it.2

A.Q. Okay. Your knowledge of this case is

3 strictly from other people telling you about events; is4 that a fair statement?56

A.Q.

Yes.You've never listened -- you never heard --

7 overheard any phone calls or anything of that nature?89

A.Q.

No.And you've never physically been present when

10 any -- when there was any kind of confrontation or11 arguments?121314

A.Q.

15 correct?161718

A.Q.A.

No.Correct?The domestic records are public records,

Yes.Unless they're sealed by a judge.That's correct.

19 Q. And they cannot be removed from the20 courthouse unless a judge grants an order allowing the21 removal.

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A.Q.A.Q.

That's correct.By anyone.Correct.So unless someone gets a court order, they



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141 have to come to view the files at the courthouse?23

A.Q.

Correct.Did Stephanie Howell tell you at some point,

4 "I got an injunction"?5 A. Probably in response to my question, "Did you6 get an injunction?"7 Q. Okay. Do you recall when you posed that8 question?9

10A.Q.

I don't.Do you recall if that was before or after the

11 ejection?1213

A.Q.

It was after, I believe.Is it fair to say, then, that you were not

14 aware there was an injunction in place when they were15 removed from the courthouse?16 A. Correct.17 Q. And their removal from the courthouse was not18 at your direction?1920

A.Q.

Correct.Has Ms. Harrelson discussed that incident

21 with you?

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A.Q.

Yes.Has she indicated to you that it was at her

24 request that they be removed?25 A. Yes.

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16A. No, I don't believe so.Q. Any threats related to you?A. To me?Q. Well, not to you. But did Ms. Harrelson

relate to you that any threats had been made?A. I don't recollect if there were any comments

about threats. I do know than in her number of years,which would be over twenty, for her to make a commentthat she hasn't seen any behavior like that is a clearindication that she saw some behavior that wasaberrant, at best.

Q. Okay. But she didn't relate to you anyspecific threats that these individuals made towardsanybody?

A. She may have done that, and I don't have anyrecollection of it.

Q. Okay. Other than Ms. Howell indicating toyou that she felt she was being followed, did she stateany other concerns to you?

A. Well, she's had a very stressful past year.So if you're talking about any concerns, you'd have to

be very specific.Q. I'm sorry. In regards to Louis Vega.A. I got the clear impression that she was

intimidated by the behavior that was I used the word



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Q.

"abe rran t II be for e . I would say again, that was my2 recollection; not her words, my understanding.3 Q. Okay. Did she ever relate to you any4 specific threats made by Louis Vega or Lucy Olney5 towards her?

I donlt recollect a threat, per se. But IA.7 recollect hearing about behavior, and that could be8 perceived as a threat.9 Q. What behavior was related to you?

Kind of emotional stalking. Thatls the way I.11 would characterize it.121314

Q. Okay. Can you clarify that a little bit?

15 office, you know, therels a lot of water over that dam.

Well, I Im trying to think. Therelve been so.so many events that have gone on. In myany

16 So I have to tell you, itls just a summary17 recollection. But shels had a very, very difficult18 year.19 Q. Okay. But did she -- but you canlt recall20 any details in which she -- which youlve based that21 statement it was emotional stalking, or what you mean

22 by "emotional stalking"?23 Well, I I canlt, you know, put.24 my finger on something very specific.25 Okay. Has Ms. Howell discussed with you any



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Q.

1 petition for the injunction?A.

3 Q.She mentioned she got it.Other than that, has she talked to you about

No.in any kind of detail?

No.Has she indicated to you that she wishes for

9 you to testify at the final hearing?

4 it5 A.

No. But I would certainly do anything she

6 Q.

11 asked me to do in that regard.

7 A.

Okay. at one time, there

8 Q.

But you haven't13 was a hearing scheduled for April the lOth.

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10 A.

Were you subpoenaed for that hearing?I don't believe so.Okay.I believe there was a subpoena that got

18 tossed for something else, but I don't know if it was

12 Q.

19 this case or something else.

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MS. HOWELL: No, it wasn't this case. You

16 Q.

21 were never subpoenaed for this case.

2322 BY MR. WEEDEN:

17 A.

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But in summary, though, you're not aware24 or she has not related to you any specific threats made25 by Louis Vega towards her?



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You know, I I I can't tell you if she19

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It's my direct line.

A.2 has related specific threats or not because I just have3 the clear indication and the impression that he has

been in his behavior.Okay. But you don't recall any specificsQ.

6 about that?7 A. I don't have a recollection for that8 specific

Okay. Are you aware of any other incidentsQ.10 at the courthouse, other than the day they were11 ejected, of any other confrontational incidents at the12 courthouse?13 A. I don't believe so.14 Q. No one's brought that to your attention,15 anyway?16 A. No.

All right. That's all I've got.7 MR. WEEDEN:18 MR. TAYLOR: I don't have any questions.19 MR. WEEDEN: You have a right to read this if20 it's typed up.21 THE WITNESS: Waive.

22 MR. WEEDEN: If you want to, just state your23 phone number and she'll call you.24 THE WITNESS: My phone number is 836-2202.25



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Notary Public - State of FloridaMy Commission: DD0191330My Commission Expires: 05-04-2007

CERTIFICATE OF OATH23 STATE OF FLORIDA4 COUNTY OF ORANGE56 I, the undersigned authority, hereby certify7 that LYDIA GARDNER named herein personally appeared8 before me and was duly sworn.9 WITNESS my hand and official seal this 19th

10 day of June, 2003.1112

~ \J ~.'L(~~------- -------------------3 SUSAN K. PRESHA

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1 REPORTER'S DEPOSITION CERTIFICATE22

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Notary Public - State of FloridaMy Commission: DD0191330My Commission Expires: 05-04-2007

2 STATE OF FLORIDA3 COUNTY OF ORANGE

I, SUSAN K. PRESHA, Court Reporter and Notary5 Public, hereby certify that I was authorized to and did6 stenographically report the deposition of LYDIA7 GARDNER, that a review of the transcript was not8 requested; and that pages 4 through 20, inclusive, are9 a true record of my stenographic notes.

10 I further certify that I am not a relative or11 employee or attorney or counsel of any of the parties,12 nor am I a relative or employee of any of the parties'13 attorney or counsel connected with the action, nor am I14 financially interested in the action.15 DATED THIS 19th day of June, 2003, at Orlando,16 Orange County, Florida.1718

SUSAN K. PRESHA192021

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PRESHA REPORTING

deposition of orange county clerk of courts lydia gardner re: retaliatory bogus injunction filed by...

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