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COMMISSION ON JUDICIAL PERFORMANCE

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INQUIRY CONCERNING JUDGE PETER J. McBRIEN oRI-GINALCJP NO. 185

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TRANSCRIPT OF THE

HEARING BEFORE SPECIAL MASTERS

SACRAMENTO, CALIFORNIA

APRIL 2, 2009

VOLUME 2, PAGES 251 525

REPORTED BY: SANDRA LEHANE REGISTERED PROFESSIONAL REPORTER

CERTIFIED SHORTHAND REPORTER NO. 7372 155 Orr Road

Alameda, California 94502 (510) 864-9645

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Q. At some point, did the Court clerk tell you

that the judge wanted a partial transcript?

A. Yes, she did.

Q. When did she tell you that?

A. You know -- I'm sorry. It was during that

brief break, I believe, that the judge gave to

Ms. Huddle. And the clerk called me over, and she

whispered to me, "The judge wants just this particular

portion of the transcript for himself, and he

instructs you not to tell anyone."

MR. MURPHY: Objection, Your Honor. Hearsay.

SPECIAL MASTER CORNELL: Overruled. The

lawyer opened the door. Go ahead.

MR. BLUM: You may finish.

THE WITNESS: This was a while back, but that

I remember as being so incredibly remarkable.

BY MR. BLUM:

Q. Okay. I'm not sure the record picked up what

the clerk was saying.

A. Oh. She told me that the judge was

requesting a particular portion that had to do with

Mr. Carlsson's employment and that I was not to tell

the other parties. And she repeated that, "He said

not to tell anyone." And I said I even have a form

that says, "Such and-Such has been transcribed and is

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available to you." I've been taught that you are to

make whatever is transcribed that is now public record

available to all parties. And I did, as soon as I had

the opportunity in the lobby, approach both counsel

and told them exactly what he had asked for and asked

if they wanted a copy also.

Q. Other than this occasion, have you ever had a

judge, either directly or through the clerk, ask for a

transcri and direct you not to tell anybody else?

A. No. I've had, most especially in a court

trial, a judge want to review a certain part of the

transcript, but I've never been instructed to not tell

anyone.

Q. Did you transcribe that portion of the

transcript, the testimony that the judge requested?

A. Yes, I did. I sent it the next day_ I sent

it through the Administrative Office. And the judge's

clerk called me and said they didn't get it. I then

sent a copy directly to chambers. They said they

still didn't get it and that it would be best to

email it. So that, I did.

Q. The second request you just described, was

that sometime after the trial?

A. Yes.

Q. Do you know approximately when, what month

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perhaps?

A. I produced the first one just the next day,

and then got the phone call from her probably three

weeks later. I send everything UPS and had a tracking

number, so I'm very certain of these things and that

there was a signature obtained. I believe it I'm

actually guessing. I believe it was about three weeks

later. I've done so many trials.

Q. Sure. You've done some transcripts before in

your career?

A. A couple.

Q. But you were asked for it a third time?

A. Yes.

Q. Was that some months later?

A. Yes.

Q. And did you send it again that time?

A. Yes. By that time, I had already moved to

San Jose, and I e-mailed it probably within a day.

Because it was already done; it was just a matter of

attaching a file.

SPECIAL MASTER CORNELL: To whom did you

e-mail it?

THE WITNESS: I e-mailed it to the address

his clerk gave to me, which was her personal e-mail.

SPECIAL MASTER CORNELL: Thank you.

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