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VOLUME II TRIAL
TRANSCRIPTS, 2-10-01 1
1 IN THE CIRCUIT COURT IN AND FOR
PINELLAS COUNTY, FLORIDA
2
3 CASE NO. 99-7430-CI-08
4
5 ----------------------------------------X
:
6 CHURCH OF SCIENTOLOGY FLAG SERVICE :
ORGANIZATION, INC., a Florida :
7 corporation, :
:
8 Petitioner, :
:
9 vs. :
:
10 ROBERT S. MINTON, JR., ET AL., :
:
11 Respondents. :
----------------------------------------x
12
BEFORE: The Honorable THOMAS E. PENICK, JR.
13
PLACE: Pinellas County Judicial Building
14 545 First Avenue North
St. Petersbrg, Florida
15
DATE: February 10, 2001
16
TIME: 2:30 P.M.
17
18 REPORTED BY: JACKIE L. OSTROM
Court Reporter
19
20 ---------------------------------------------------
ORDERS TO SHOW CAUSE
21 ---------------------------------------------------
Pages 177-258
22 Volime II
23
ROBERT A. DEMPSTER & ASSOCIATES
24 P.O. BOX 35
CLEARWATER, FLORIDA
25 (727) 443-0992
.
1 APPEARANCES
2
The Honorable THOMAS E. PENICK, JR.
3 CIRCUIT COURT JUDGE
4
F. WALLACE POPE, JR., ESQUIRE
5 JOHNSON, BLAKELY, POPE ET AL
911 Chestnut
6 Clearwater, Florida
7
MICHAEL LEE HERTZBERG, ESQUIRE
8 740 Broadway, Fifth Floor
New York, New York 10003
9
Attorneys for Church of Scientology Flag Ship
10 Organization
11
12
JOHN MERRETT, ESQUIRE
13 2716 Herschel Street
Jacksonville, Florida 32205
14
15 BRUCE G. HOWIE, ESQUIRE
PIPER, LUDIN, HOWIE AND WERNER
16 5720 Central Avenue
St. Petersburg, Florida 33707
17
18 Attorneys for Robert Minton and
Lisa McPherson Trust, Inc.
19
20
21
22
23
24
25
. 179
1 PROCEEDINGS
2 THE COURT: All right. Mr. Pope, sir,
3 you may proceed.
4 MR. POPE: We're ready, Your Honor.
5 THE COURT: Call your next witness.
6 MR. POPE: Call Derrick Kronschnabl.
7 Thereupon:
8 DERRICK KRONSCHNABL
9 was called as a witness and having been duly sworn, was
10 examined and testified as follows:
11 DIRECT EXAMINATION
12 BY MR. POPE:
13 Q State your name please, sir?
14 A Derrick A. Kronschnabl.
15 Q Where do you live, Mr. Kronschnabl?
16 A Palm Harbor, Florida.
17 Q What is your occupation?
18 A Process server appointed by the sheriff in
19 Pinellas County.
20 Q How long have you been in that business?
21 A Three-and-a-half years.
22 Q Okay. I want to draw your attention to
23 December 1, 2000 and ask if you were asked to serve
24 some process with respect to this lawsuit?
25 A Yes, sir, I was advised by C.J. Post
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1 Enterprises on December 1 to serve Peter Alexander and
2 Jeff Jacobson and injunction and summons and
3 complaint.
4 Q Okay. Did you proceed to try to locate them
5 and do that?
6 A Yes, sir.
7 Q Where did you go?
8 A I went to 33 North Ft. Harrison, the Lisa
9 McPherson Trust.
10 Q Okay. What did you do when you got there?
11 A I was told that I was going to have a
12 problem serving the two individuals, so I put the
13 papers in my back pocket and put my identification in
14 my pocket and entered the building and walked up to
15 the receptionist and she thought I was Peter
16 Alexander's son so I said yes, I am, go get him for
17 me, please and when she walked behind me she noticed
18 the papers in my pocket and yelled process server,
19 process server and then everyone came out and one of
20 the individuals came out and had a video camera in my
21 face.
22 Q All right. What happened after that?
23 A I served the papers to Jeff Jacobson and as
24 I was filling out the paper there was no conflict from
25 any of the individuals at that time until the
. 181
1 attorney, Mr. Merrett, entered the building from
2 returning from lunch or whatever he was coming back
3 from, with his hat and glasses and came up to me and
4 told me that I was trespassing and I needed to get off
5 his property and in doing go so he placed his hands on
6 me and pushed did me and I asked him to take his hands
7 off me and not push me again and he pushed me two more
8 times and --
9 THE COURT: Hold on. Just a minute. I
10 missed it. The name of that individual?
11 THE WITNESS: John Merrett.
12 THE COURT: John Merrett, okay. Go
13 ahead.
14 THE WITNESS: He pushed me one more time
15 and I asked him to takes his hands off of me
16 and then as I was walking out the door they
17 pushed me one more time as I was leaving the
18 building.
19 BY MR. POPE:
20 Q Did he say anything to you during these
21 pushing episodes?
22 A No, nothing else to the fact that I was
23 trespassing. That was all that he said.
24 Q Okay. Did you later serve Mr. Alexander?
25 A Yes, and hour-and-a-half later I was advised
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1 that he was eating lunch at 45. North Ft. Harrison and
2 I went to that address and served Peter Alexander in
3 the restaurant.
4 MR. POPE: Okay. No further questions.
5 THE COURT: Okay. Mr. Merrett?
6 CROSS-EXAMINATION
7 BY MR. MERRETT:
8 Q Thank you. We'll start with that last bit.
9 Who advised you that Mr. Alexander would be eating
10 lunch at that 45 North Ft. Harrison?
11 A I was called from my office by C. J. Post
12 Enterprises, so I do not know.
13 Q Okay. Let me point out to you C. J. Post
14 Enterprises is not a person. They can't dial a phone.
15 Who called you and told you that?
16 A C. J.
17 Q C. J. what is that person's name?
18 A Her real name is Corole Post.
19 Q Where did she get that information?
20 A I don't know. I'm not sure.
21 Q Was there anyone else employed by C. J. Post
22 Enterprises working the area conducting surveillance?
23 A No, sir.
24 Q Okay. You got that information indirectly
25 from the Church of Scientology, right?
. 183
1 A I'm not sure because I received the
2 information from C. J.
3 Q Okay, but C. J. wasn't in downtown
4 Clearwater at the time, was she?
5 A No.
6 Q Okay. Was there anybody else employed y C.
7 J. Post Enterprises in downtown Clearwater at that
8 time?
9 A No, sir.
10 Q Okay. Then why don't you solve this mystery
11 for us. How did you know to go to 33 North
12 Ft. Harrison on that day at that time?
13 A That's the address that was on the complaint
14 that I was given to take to that address.
15 Q Okay, so this was listed as the home address
16 of Mr. Peterson, Mr. Jacobson and Mr. Alexander?
17 A No, sir, this is listed as a business
18 address.
19 Q Okay. And who instructed you with regarded
20 to the specific fact that you could find them at that
21 address on that date at that time?
22 A I just -- they gave me the papers to go to
23 that address. I wasn't advises that they would be
24 there or not. I was just advised that that's where I
25 could find them.
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1 Q That's all that you were told?
2 A Yes, sir.
3 Q So what were you doing when you testified a
4 minute ago that you were told that you were going to
5 have problems serving the papers, who told you that
6 one?
7 A I was told that other process servers had
8 attempted to serve those individuals and that they had
9 had a conflict and problem and that's what I was
10 advised by C. J.
11 Q And this was at the seem time as the
12 conversation where you just said the only thing they
13 told was go to 33 North Ft. Harrison, right?
14 A Yes.
15 Q Okay. So your testimony a minute ago was
16 not truthful as to the complete conversation, right?
17 A No, sir, I don't understand what you're
18 trying to say, sir.
19 Q Okay. I asked about two minutes ago who
20 told you -- how did you know to go to 33 North
21 Ft. Harrison and you said that's all that you were
22 told. You had a conversation and basically that's all
23 you were told?
24 A I was only advised by C.J. Post and that is
25 the only person I was advised by to do anything on
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1 that date.
2 Q And she told you in addition to telling you
3 where to go, she told you that you could expect
4 trouble serving Mr. Peterson and Mr. Alexander?
5 A Yes, sir.
6 Q Okay. Now, you've testified that you were
7 in the building. Can you tell the court where exactly
8 in the building you were?
9 A Right in front of the reception desk.
10 Q Were you in the hall?
11 A The only hallway -- I didn't even go into a
12 room in that building. I walked through the double
13 glass doors and I was right there front of the
14 reception desk.
15 Q Okay. Are you sure you came through the
16 double glass doors?
17 A It might be the back door, because it's not
18 the entrance on Ft. Harrison.
19 Q Okay. Whichever end of the building it's
20 on, you came through the double glass doors?
21 A That is correct.
22 Q Okay. And you stayed in the tiled hallway
23 area the whole time you were there?
24 A Yes, sir.
25 Q Now you've testified that I entered the
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1 hallway at some point?
2 A Yes, sir.
3 Q Tell the court if you would specifically
4 exactly act what you were doing the instant before I
5 began to speak to you?
6 A I was filling out one of the summonses to
7 Jeff Jacobson.
8 Q Did you finish filling out the summons
9 before I began to speak to you?
10 A No, sir.
11 Q So your testimony is that and you have a
12 recollection, right? Your testimony is that you were
13 interrupted in filling out the summons by my arrival
14 and discussion with you?
15 A Yes, sir.
16 Q Okay. Now, is it your custom to enter
17 private property and enter buildings to serve papers?
18 A I was no entering private property. I'm
19 allow to be on any piece of property in this county
20 when ordered by the judge with a summons and
21 complaint.
22 Q So, it's your testimony that when let's say
23 Ms. Brooks is home this evening and you have papers to
24 serve, you may be in her bathroom?
25 A No, that's not a business; that's a home.
. 187
1 Q Okay. How about her living room?
2 A No, that's a home. That's not a business,
3 sir.
4 Q Now, you're -- you didn't say business. You
5 said any property in Pinellas County you have the
6 right to be there?
7 A Yeah, I do.
8 Q Okay. Are homes property?
9 A Yes, they are.
10 Q So you're saying you had the right to be
11 there waiting in her living room however you get in,
12 right?
13 A No, sir.
14 Q Okay. Why not? What's different about
15 that?
16 A Because that's not a business, sir.
17 Q Okay. So what you're saying is you have the
18 right to enter any business premises?
19 A Yes, I do.
20 Q Okay. And who told you that?
21 A That's a statute. That's a law.
22 Q Which statute is that?
23 A I'm not sure.
24 Q And it's your testimony that you don't have
25 to leave no matter who tells you to leave, right?
. 188
1 A The only way I would have to leave the
2 building is if a sheriff's deputy came and told me to
3 remove myself from the property.
4 Q So you have got a privilege against trespass
5 somewhere, right?
6 A Yes, I would say so.
7 Q Okay. Have you ever heard of a search
8 warrant?
9 A Yes.
10 Q Ever heard of an arrest warrant?
11 A Yes, sir.
12 Q Okay. You know what those are for?
13 A To take someone to jail or enter a property
14 that they want to enter.
15 Q That's right, a court order specifically
16 saying you can go on people's private property and you
17 don't have to leave. You didn't have one of those,
18 did you?
19 A No, I didn't, but they're to arrest
20 somebody. I wasn't there to arrest somebody, sir.
21 Q Now, the reason that didn't leave when you
22 were instructed to is what?
23 A It is because I had a summons and complaint
24 for the two subjects that were at the property and I
25 was there to serve the two individuals.
. 189
1 Q Okay. Let me ask you this. What is the
2 total number of sets of documents that had you with
3 you?
4 A Two summonses and two complaints. One to
5 Peter Alexander and one to Jeff Jacobson.
6 Q Okay. That is you had two sets of papers,
7 two packages, right? Not three, not four, two?
8 A That's correct.
9 Q Okay. And by the time that I arrived and
10 began talking to you, you had already disposed of one
11 set, correct?
12 A No, sir.
13 Q Okay. You had already done what? Had you
14 already spoken to Mr. Jacobson?
15 A No, sir.
16 Q Okay. Had you seen Mr. Jacobson?
17 A Yes, sir.
18 Q Where had you seen him?
19 A With the crowd of people that came out in my
20 face with the camera.
21 Q What does he look like?
22 A He's a white male. I had a photograph of
23 him.
24 Q Uh-huh. Is that him right there?
25 A No.
. 190
1 Q Okay. What did he look like beyond being a
2 white male?
3 A I just had a description. I see a million
4 people a day, sir. I can't describe him at that point
5 in time.
6 Q Okay. Let me ask you this. Isn't it
7 correct that you pronounced the words, you have been
8 served, to Mr. Jacobson when you were outside of the
9 building about to leave?
10 A That's correct.
11 Q That is only time that you told Jeff
12 Jacobson you've been served?
13 A That's correct.
14 Q Okay. And how many sets of documents did
15 you leave on the steps on the Waterson side of the
16 building?
17 A I left the summons and complaint for Peter
18 Alexander and Jeff Jacobson and the reason for leaving
19 Peter Alexander's papers also was just from my
20 Adrenalin being high from the argument of the point
21 with you and the subject in my face with the camera.
22 Q So you wee high at the time?
23 A No. I was not.
24 Q Isn't that what you just said?
25 A Yeah, Adrenalin. I wasn't on an illegal
. 191
1 substance, sir.
2 Q Did you later come back and retrieve it?
3 A No, I did not. I had the original, so I
4 just went and made a copy of the complaint and later
5 served the individual down the street.
6 Q Where was the original?
7 A In my hand.
8 Q Where was it before it was in your hand?
9 A What do you mean by that, sir?
10 Q Well, you've already testify once under oath
11 that you only had two sets of documents with you.
12 You're now testify about a third. Where was the
13 third?
14 A No, there was no third set. That is a copy,
15 two copies of the summonses attached to the summons.
16 Q Uh-huh.
17 A One copy is original, which goes with me and
18 gets files with the court with an affidavit.
19 Q Uh-huh.
20 A I still had that and I left a copy on the
21 ground with the other one in front of the door.
22 Q Did you have a copy of the documents that
23 were attached to the summons, as well?
24 A No, I did not.
25 Q So the only thing that you served on Peter
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1 Alexander was a naked summons?
2 A No, I served the copy of the complaint there
3 and I went and made another copy of the complaint at
4 my office which was served on Peter Alexander.
5 Q And you did that while he was eating, right?
6 A That is correct.
7 Q Okay. And that has become I would assume
8 routine practice for you when you work for
9 Scientology, interrupt people's meals?
10 A No, I do not work for Scientology, sir. I'm
11 not a Scientologist.
12 Q Here's interesting question. Who was the
13 client on whose behalf the papers were being served?
14 A State the question again, sir.
15 Q Who was the client on whose behalf you were
16 serving papers? Who was the client?
17 A I was serving the papers I would say for
18 Johnson, Blakely, sir.
19 Q Okay. That would be Scientology's lawyers?
20 A I would say so, sir.
21 Q Okay. So let me just clarify. It is your
22 position that when you enter anyplace that's not a
23 residence, you have the right to stay there however
24 long you think you ought to stay there, right?
25 A I do, sir. I'm commanded at the top of
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1 every complaint that I serve and ordered by the court
2 to be at that property in that place.
3 Q Okay. So it's your testimony that the judge
4 ordered you to loiter in the hallway at the Lisa
5 McPherson Trust?
6 A I am ordered to be there to serve papers,
7 sir.
8 Q Now, let me make it clear. It's your
9 understanding that you were specifically ordered to go
10 to that place and stand there no matter what anybody
11 told you?
12 A Yes, sir.
13 Q Okay. Now, I guess the last thing that I
14 need to cover with you is you said that you talked to
15 the receptionist who thought that you were
16 Mr. Alexander's son?
17 A That's correct.
18 Q Okay. And you told her that you were,
19 right?
20 A That's correct. Yes, sir, I did.
21 Q Now, is that true?
22 A No, it's not.
23 Q Okay. And do you know of a word for a
24 statement that is not true? What do you call that?
25 A Lying.
. 194
1 Q And what do you call people that tell lies?
2 A A liar.
3 Q And you told a lie, didn't I?
4 A Of course. I was told that I was going to
5 have a conflict, so --
6 Q And you're a liar, right?
7 A No, sir, I'm not.
8 MR. MERRETT: Okay. All right.
9 MR. HOWIE: May it please the court?
10 THE COURT: You may proceed.
11 CROSS-EXAMINATION
12 BY MR. HOWIE:
13 Q Sir, to your knowledge were you can
14 videotaped by any member of the Church of Scientology
15 when you exited the building?
16 A No, sir.
17 Q Okay. The only video camera that are aware
18 of is one that you were confronted with in the Lisa
19 McPherson Trust building?
20 A That's correct.
21 Q Do you know or can you identify the person
22 that had that camera?
23 A Yes, sir.
24 Q Who was that?
25 A The gentleman on the end there with the
. 195
1 brown coat.
2 MR. HOWIE: Okay. Can the record
3 reflect that he indicating Mark Bunker.
4 THE WITNESS: What's that?
5 MR. HOWIE: I am putting on the record
6 that you are identifying Mark Bunker.
7 THE WITNESS: That's correct.
8 BY MR. HOWIE:
9 Q Okay. You have succeeded in did serving
10 Jeff Jacobson, did you not?
11 A Yes, sir.
12 Q You succeeded in filling out your summons or
13 paperwork on Mr. Jacobson, correct?
14 A Yes, sir.
15 Q You also successfully served Peter
16 Alexander?
17 A Yes, sir.
18 Q Nobody obstructed you or prevented you from
19 serving Peter Alexander, did they?
20 A Yes, sir, they did. The manager of the
21 restaurant tried to exit me out of the building also,
22 sir.
23 Q All right. Do you know that manager's name?
24 A No, sir.
25 Q Do you know if that manager has any any
. 196
1 connection with the Lisa McPherson Trust?
2 A No, sir.
3 Q And do you know what it was that you did to
4 cause the manager to ask you to leave the restaurant?
5 A The manager asked me to leave the restaurant
6 because it was a involving a scene in his restaurant
7 because the subjects I was trying to serve were being
8 obnoxious and loud to call the police and this and
9 what and he wanted to calm his customers down, sir.
10 Q So the manager asked you, not Peter
11 Alexander, to leave?
12 A That's correct.
13 Q And you did successfully serve Pater
14 Alexander?
15 A Yes, sir.
16 MR. HOWIE: Thank you. No further
17 questions.
18 THE COURT: In light of the questions he
19 asked you, let me ask you a question. You
20 say you served him at 33 North Ft. Harrison;
21 is that right.
22 THE WITNESS: That's correct. Peter
23 Alexander I served I 45 North Ft. Harrison.
24 THE COURT: Okay. Hold on. Who did you
25 serve at 33 North Ft. Harrison?
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1 THE WITNESS: 33 North Ft. Harrison was
2 Jeff Jacobson and 45 North Ft. Harrison was
3 Peter Alexander.
4 THE COURT: Just a second, please. Now
5 that address, 45 North Ft. Harrison is a
6 restaurant?
7 THE WITNESS: Yes, sir.
8 THE COURT: What's the name of that
9 restaurant?
10 THE WITNESS: I can't even pronouce it,
11 sir. O-T-T-A-I-V-I-S or something like that.
12 THE COURT: Spell that again.
13 THE WITNESS: O-T-T-I-A-V-E-S or
14 something like that.
15 THE COURT: Is it Octavias?
16 THE WITNESS: Yeah, I think so.
17 THE COURT: Okay. What side of the
18 street is it on?
19 THE WITNESS: It's on the -- if you're
20 going north it's on the right-hand side.
21 THE COURT: That would be the east side.
22 THE WITNESS: East side, sir.
23 THE COURT: And that sort of in that
24 line of buildings that the Bank of Clearwater
25 and the Lisa McPherson Trust and all that?
. 198
1 THE WITNESS: That's correct.
2 THE COURT: And Jimmy Hall's is kind of
3 right behind it or east of it?
4 THE WITNESS: That's correct, it's
5 directly behind it.
6 THE COURT: Okay. I see. All right.
7 Mr. Pope?
8 MR. POPE: No further questions, Your
9 Honor.
10 THE COURT: All right. In light of my
11 questions, Mr. Merrett?
12 MR. MERRETT: No, Your Honor.
13 THE COURT: Mr. Howie?
14 MR. HOWIE: No.
15 THE COURT: Thank you, sir. You're free
16 to go.
17 THE WITNESS: Thank you sir.
18 THE COURT: Have a good day. Thank you
19 for coming. All right.
20 MR. POPE: Your Honor we'll call
21 Mr. Robert Bussard.
22
23
24
25
. 199
1 Thereupon:
2 ROBERT BUSSARD
3 was called as a witness and having been duly sworn, was
4 examined and testified as follows:
5 DIRECT EXAMINATION
6 BY MR. POPE:
7 Q Tell us your name please, sir?
8 A Robert David Bussard.
9 Q And what is your address, sir?
10 A 12931 88th Avenue North, Seminole.
11 Q What is your occupation?
12 A I have my own business. I'm a special
13 process server appointed by sheriff.
14 Q Which sheriff?
15 A Everett Rice.
16 Q In Pinellas County?
17 A Pinellas County.
18 Q Is that where you serve process?
19 A Yes, I do.
20 Q Do you have any relationship with Gietzon
21 and Associates?
22 A Yes, one on my clients.
23 Q Okay.
24 A My company's name is Due Process.
25 THE COURT: Due Process?
. 200
1 THE WITNESS: Due Process.
2 BY MR. POPE:
3 Q I want to call your attention to November
4 30, 2000 and ask you if you were asked to serve some
5 process and some paper with respect to some parties to
6 this lawsuit?
7 A Yes, I was. I was called by Gietzon and
8 Associates and they said we have some work for you in
9 Clearwater and I said okay, so I went there
10 approximately four o'clock in afternoon and the papers
11 weren't ready. About eight o'clock, 8:15 I had been
12 given ten restraining orders and injunction number two
13 to be delivered to a certain number of people and the
14 place was located at Steak and Ale on U.S. 19.
15 Q In what city?
16 A That's Clearwater, Florida.
17 Q What did you do then?
18 A I went and drove up there, like I said,
19 between 8:15 and 8:30. I immediately went into the
20 restaurant and I had these -- I was carrying these
21 restraining orders and I went to a couple of
22 waitresses and I said do you have large party in this
23 restaurant and they said well, we did at five o'clock
24 and they seem to have gone. Okay, I must have missed
25 them. I said that can't be because I know for a fact
. 201
1 that I recognize the van, that white van, and I heed
2 they've say got to be here, so I looked -- I went upon
3 myself and looking in different rooms and I didn't see
4 anybody so on the way out being an avid football fan,
5 there was a football game on in the bar and I looked
6 up there it was. The game was on. As soon as I did
7 that a young gentleman jumped up and said you can't
8 come in here. Don't you know the ten foot rule? You
9 cannot come in here. What is wrong with you? Don't
10 you understand the ten foot rule?
11 I said my name is Robert Bussard. I'm a
12 special process server and I have my badge right here.
13 I showed it to him, he says let me see that again. I
14 says no, because people have tried to keep it, I said
15 that does not work with me, so I put it back in my
16 pocket and I says I have some paperwork here for
17 certain people such as Jeff Jacobson, I had summons
18 and complaint, plus the restraining order. And I had
19 same for Heather Bennett and I had some for Keith
20 Henson and he jumped and kept saying, no, you don't
21 understand the ten foot rule and I says wait a minute.
22 I don't have to, I'm an agent of the court and I was
23 trying to be calm, cool and collected. I didn't want
24 to cause any confrontation, and as I started to go
25 serve them I got blocked by this gentleman right here.
. 202
1 Q And who are you pointing to?
2 A It's John Merrett. I didn't know at the
3 time who he was.
4 Q All right.
5 A This is the first time I've ever seen him
6 other than earlier in the evening.
7 Q What did he do specifically?
8 A Well, I started to go this way and he
9 blocked my path and I started to go this way and he
10 blocked my path again and I started to go this way and
11 I so I says this is useless so he called the manager
12 and I explained to the manager, showed him my badge
13 and my name, what I was trying to do and immediately
14 he says call the police, so I says fine.
15 THE COURT: Who is he?
16 THE WITNESS: John Merrett.
17 THE COURT: You were talking about the
18 manager of the restaurant. I thought the
19 manager --
20 THE WITNESS: John Merrett says call the
21 police.
22 THE COURT: All right.
23 THE WITNESS: So he did and says okay,
24 good. That's better for me because I was
25 hoping it was the sheriff's department but it
. 203
1 turned out to be with the Clearwater police.
2 Well, they have no jurisdiction over civil
3 cases, and I waited for the police to come
4 and my wife goes with me when I go out and
5 serve because otherwise I never see her,
6 morning, noon and night and she asked
7 Mr. Merrett, she says who are you and he says
8 I'm lawyer and she says what's your name and
9 he says ain't none of your business. I said
10 he needs to be taught some rules, man,
11 etiquette, but anyway, that's what happened
12 and before the police got there they had
13 adjourned to go out to the cars and on the
14 way out Mr. Merrett gave a business card to
15 one of the police officers and meantime when
16 I was there, the whole time I was there I was
17 being videotaped. We had a friendly
18 conversation, Mark Bunker and myself, we are
19 talking and also --
20 THE COURT: Wait a minute. They were
21 videotaping you in the restaurant?
22 THE WITNESS: Uh-huh. I walked away
23 from the pary they were sitting at at the
24 tables and I went out to the foyer.
25
. 204
1 BY MR. POPE:
2 Q Who was doing the videotaping?
3 A Mark Bunker.
4 Q Okay. And did you ever get them served?
5 A No. Only way I could have done it was air
6 mail. I couldn't do that and then these little old
7 lady sitting at the table, she's taking my picture.
8 She kept snapping my photo and I never seen her
9 before, but up do this point if I may interject, Your
10 Honor.
11 MR. MERRETT: I'll object to be
12 nonresponsive and narrative and ask the
13 witness be instructed to confine himself to
14 respond to the question posed.
15 BY MR. POPE:
16 Q Let me ask you this question. What was it
17 you wanted to tell the judge just now?
18 MR. MERRETT: I'll object.
19 THE COURT: Overruled.
20 THE WITNESS: I've been serving Lisa
21 McPherson Trust and if you want to call it a
22 company or whatever, I've served Stacy Brooks
23 with no problem. We've been on a friendly
24 basis. I've served Robert Minton. He and I
25 were on a first name basis. Come in the
. 205
1 door, they were very friendly to me. And
2 I've served Jesse Prince. I even served him
3 at his house and he's taken it with no
4 problem. I've served -- I tried to get Grady
5 Ward. He was never around, but I've served
6 Robert Peterson and I've never had no problem
7 all this time.
8 Like I said, walk in and we know each
9 other by first name basis. Who and I going
10 to serve today? Well, Stacy, you're on the
11 list today. I got a subpoena for you here
12 today. What's it about. I'd show it to
13 them and say you got to be in court on such
14 and such. Okay. No problem. Up until this
15 young gentleman here came on the scene and I
16 never had a problem up to that point.
17 MR. POPE: No further questions.
18 THE COURT: Okay. Just a minute. Let
19 me get my notes up to date.
20 (Whereupon, a pause in the proceedings took
21 place.)
22 Okay. You may inquire, Mr. Merrett.
23 MR. MERRETT: That's fine.
24 THE COURT: Go ahead, sir.
25
. 206
1 CROSS-EXAMINATION
2 BY MR. MERRETT:
3 Q Thank you. How long you been a process
4 server?
5 A Be two years in May.
6 Q And you're familiar with the obligations of
7 a process server, right?
8 A Excuse me, sir?
9 Q You're familiar with the obligations of the
10 process server?
11 A Yes, I am.
12 Q If fact, you --
13 A We have to take a test every year.
14 Q Right. You have to take a test, you have to
15 pass it. That's part of your certification?
16 A Yes.
17 Q And one of the things that you have to do or
18 at least be prepared to do is advise someone that
19 you're serving what it is you're serving on them?
20 A Absolutely.
21 Q And you don't know who can read and who
22 can't?
23 A Exactly.
24 Q So, it's part of your duty to familiarize
25 yourself with whatever documents you're serving,
. 207
1 right?
2 A Yes.
3 Q Okay. So, on this night, November 30, we
4 can reasonably assume that before you got to he Steak
5 and Ale for the etiquette lesson you had read the
6 injunction, right?
7 A I did.
8 Q And you knew what it said, right?
9 A Yeah.
10 Q Now, the last injunction that you served on
11 me and the people affiliated it the Lisa McPherson
12 Trust when was that?
13 A The injunction?
14 Q Yeah, before this one.
15 A Never have served an injunction.
16 Q Huh?
17 A I've served summons and subpoenas and
18 complaints but never served and injunction.
19 Q So this is the only piece of paper that you
20 ever served saying the people affiliated with
21 Scientology have to stay away from people affiliated
22 with the Trust?
23 A That's right.
24 Q Okay. So all during the love feast that you
25 described for us, there was any order that said people
. 208
1 affiliated with Scientology stay away, right?
2 A Right.
3 Q Okay. Now, tell the court if you would how
4 many time you have previously served, well, to start
5 with, with anybody, how many times have you previously
6 walked into a restaurant with people sitting down
7 taking a meal to serve papers?
8 A That's the first time.
9 Q So you can reasonably assume that your
10 etiquette skills were being honed that night for the
11 first time, right?
12 A If that's what you want to call it.
13 Q Okay. And of course you believe that
14 comports with the etiquette that you possess and the
15 lesson that you think that I need is to walk in while
16 people are eating to serve papers on them, right?
17 A Yes, I guess.
18 Q Where you having supper tonight? I may have
19 something to serve on you?
20 MR. POPE: Your Honor, that is the kind
21 of gratuitous --
22 THE COURT: All right. Yes, sir, I
23 agree. Struck and let's move on.
24 BY MR. MERRETT:
25 Q Now, you would agree that is offensive,
. 209
1 wouldn't you?
2 A I have a job to do --
3 MR. POPE: Objection --
4 THE COURT: Wait a minute. Wait, wait?
5 MR. POPE: Objection.
6 THE COURT: Heres' how we're going to do
7 this. Mr. Merrett, you ask a question. If
8 you'll pause just a minute and let's see what
9 Mr. Pope does.
10 THE WITNESS: Okay.
11 THE COURT: If he doesn't do anything,
12 answer the question.
13 THE WITNESS: Okay.
14 THE COURT: But if Mr. Pope wants to
15 object, let's get the objection on the record
16 and then give me a chance to see what's going
17 on here, in other rule, and then we'll get
18 back to you. Let's work it that.
19 MR. POPE: The issue before the court is
20 whether there was anything illegal about what
21 he did, not whether it might be offensive in
22 his eyes.
23 THE COURT: Agreed. Let's move on.
24 BY MR. MERRETT:
25 Q Now, you mentioned having seen me earlier
. 210
1 that evening. Where you saw me earlier that evening
2 was outside the Lisa McPherson Trust, right?
3 A You were at your can and you had the trunk
4 up and I was waiting for Keith Henson to give him one
5 of the restraining orders and that's when you started
6 screaming you cannot come within ten feet.
7 Q Right.
8 A And I tried to explain to you that I'm an
9 agent of the court.
10 Q Right.
11 A Okay.
12 Q Okay. Now, you get paid how much for each
13 piece that you serve?
14 A How much do I get paid.
15 Q Uh-huh.
16 A It varies. It depends on what the paperwork
17 is. If it's a subpoena I get 16. If it's a summons I
18 get 22.
19 Q Okay. And in this particular instance for
20 your activities on November 30, the money that you
21 being paid came from Scientology lawyers, right?
22 A Well, I billed Gietzon and Associates and
23 then they in turn pay me.
24 Q Okay. The lawyer on that summonses that you
25 had, the lawyer you responded to was a Scientology
. 211
1 lawyer, right?
2 A Yes.
3 Q Okay. No, how many summonses did you have
4 with you that day?
5 A Only had one for Jeff Jacobson and the rest
6 were restraining orders; summons and complaint.
7 Q How many injunctions did you have all
8 totalled?
9 A Around ten.
10 Q Ten. Now, when was you first conversation
11 that day with Judy Ross?
12 A Probably around 4:00 PM.
13 Q And Judy Ross is an employee or agent of
14 Scientology; is that right?
15 A Best of my knowledge she is, yes.
16 Q What was that four o'clock conversation
17 about?
18 A That they would have some papers for me to
19 be served to certain individuals whom I just named.
20 Q Okay. Where is that you went on that first
21 trip when you found the papers were not ready to go?
22 A Right behind the Scientology building.
23 Q Which one?
24 A The one closest to -- not the one -- the one
25 across the street from the main Scientology building.
. 212
1 It's the one where the parking lot is where they drop
2 people off and pick them up in vans.
3 Q The Coachman Building, the one that fronts
4 on Cleveland and the side --
5 A Yes.
6 Q And who did you talk to when you got there?
7 A I talked to -- when I got there the papers
8 weren't ready so I just waited.
9 Q Well, who did talk to when got there? I
10 mean --
11 A Actually, you know who I talked to? I
12 talked to Keith Henson.
13 Q Okay. Inside the Coachman Building?
14 A No, he was walking down the street.
15 Q Okay. When you got inside the Coachman
16 building, okay, assuming that you didn't just --
17 A I didn't go inside the Coachman Building.
18 Q How did you find out the paperwork wasn't
19 ready?
20 A They called me.
21 Q Where did they call you?
22 A My office called me.
23 Q Okay. And you said that you talked to Judy
24 Ross about 4:00 PM. Was this during this same time?
25 A Approximately the same time, yes.
. 213
1 Q How did you talk to Judy Ross?
2 A Cell phone.
3 Q Okay. And you didn't actually see her at
4 that time; is that correct?
5 A No, I did not.
6 Q Okay. What time was it when you actually
7 got the that you were supposed to deliver?
8 A Must have been about 7:30.
9 Q Okay. And at about what time was the call
10 from Judy Ross telling you that the people you were
11 supposed to be delivering papers were at Steak and
12 Ale?
13 A Right around eight.
14 Q Okay. Now, did you follow that party to the
15 Steak and Ale?
16 A Did not.
17 Q Did anybody that you know of who was working
18 with you follow that party to the Steak and Ale?
19 A Not to my knowledge.
20 Q Okay. How is it that Judy Ross directed you
21 toe Steak and Ale?
22 A I have no idea.
23 Q Okay.
24 A But I did see you folks come out of the back
25 end of the north building, 33 North Ft. Harrison and
. 214
1 they started taking more pictures of me.
2 Q Uh-huh.
3 A And I was across the street.
4 Q Uh-huh. Lurking in the shadows by the
5 parking garage?
6 A I wasn't lurking. I was just watching, you
7 know, waiting to serve Keith Henson.
8 Q But, you didn't follow him and you don't
9 have --
10 A I didn't follow you, no.
11 Q Okay.
12 A I had no idea at that point.
13 Q So it was just somebody from Scientology's
14 legal department that mysteriously told these people
15 were at a specific restaurant?
16 A Yes.
17 Q Okay. Did you ask her how she knew?
18 A No. All I know like I told you, serve these
19 papers as soon as possible. That was my office. They
20 said they got to be done as soon as possible. For me,
21 that's a rush so I serve people at their place of
22 employment, I serve people at home, I serve them
23 different places and I said, well, why would a
24 restaurant be any different? Especially the situation
25 we had with the folks and I've been on a very friendly
. 215
1 basis with them.
2 Q Okay.
3 A I figured another day at the office is what
4 I figured.
5 Q On that basis you assumed it was appropriate
6 to interrupt people eating. Now, a couple things
7 interested my in your testimony on direct. You
8 testified the when the manager came to where you and I
9 were talking that I instructed the manager to call the
10 cops, right?
11 A Uh-huh. Yes, you did.
12 Q Do you recall filling out and signing an
13 affidavit in connection with the motion for the order
14 to show cause in this case?
15 A My affidavit?
16 Q Uh-huh.
17 A Yeah.
18 Q Okay. And did you read the affidavit before
19 you signed it?
20 A Sure did.
21 Q Who drafted it?
22 A I just wrote down what happened that night
23 and then gave it to the attorneys.
24 Q Which attorney?
25 A The gentleman in the middle there.
. 216
1 Q Okay. Let me ask you if you recall making
2 this statement in your affidavit: Because of the
3 disturbance this man, referring to me, caused by his
4 refusal to allow me to peacefully serve process, the
5 manager of the restaurant called the police. Is that
6 your statement?
7 A Per your request.
8 Q Okay. However, you omitted that from your
9 affidavit, right?
10 A Probably did.
11 Q Would you agree that the reading of your
12 affidavit is that the manager called the police
13 because I was creating a disturbance?
14 A There was no disturbance. There could've
15 been a disturbance but I didn't want to cause a
16 confrontation. When you started brushing up against
17 me, I left.
18 Q Let me freeze you right there. There was no
19 disturbance?
20 A None to speak of. Only what you caused.
21 Q Okay. Well, a minute ago you said there was
22 no disturbance?
23 A Well, I didn't cause a disturbance.
24 Q Okay. However, you do agree in your
25 affidavit under oath just like you're testifying now,
. 217
1 you stated that the reason for the phone call was to a
2 disturbance, right?
3 A To serve, not to disturb. To serve?
4 Q Listen to the question.
5 A I heard you.
6 Q Okay. Then answer it. The question is, is
7 it is or is it not true that you said in your
8 affidavit that the reason the police were called was
9 because of the disturbance?
10 A That's the reason they were called.
11 Q Okay. But, you testified not ten minutes
12 ago that the reason they were called is because I told
13 the manager to call the police, right?
14 A You --
15 Q Is that true or not true?
16 A You told the manager to call the police.
17 Q And that's the reason that the police were
18 called, correct?
19 A That's right.
20 Q Okay. Now, is there any particular reason
21 that you managed to get all the way through your
22 affidavit under oath without pointing that out?
23 A I didn't think about it. It wasn't
24 necessary.
25 Q How did you decide what was necessary or
. 218
1 what wasn't when you're telling the truth under oath?
2 A You mean right now I'm under oath? I'm
3 telling the truth right now and this is just the way
4 it was, okay. I omitted about the police.
5 Q So if we need to make a choice about when
6 you're telling the truth under oath, it's today?
7 A It's all the time.
8 Q That your memory is better now than it was
9 back December 7?
10 A What's December 7. I didn't do December 7.
11 It was November 30.
12 Q Well, other than December 7 being the date
13 you signed your affidavit under oath, you don't have
14 anything to do with December 7?
15 A Right.
16 Q So you're saying your memory is better now
17 than it was then?
18 A It's the same.
19 Q Okay. Just the evidence you give is
20 different?
21 A What evidence?
22 Q Okay. Now, you testified a few minutes ago
23 that you stepped in the bar at the restaurant to look
24 at the television and as you looked back I jumped up
25 and --
. 219
1 A You recognized me and you jumped up from
2 your seat.
3 Q Okay. Now, was that the entire sequence of
4 events up to the point that I jumped up that you
5 walked in, looked at the television and when you
6 looked back there I was?
7 A Yep.
8 Q Okay.
9 A You saw me with the restraining order and
10 that's when you started telling me that don't you
11 understand then ten foot rule and Keith said the same
12 thing, don't you understand? What's wrong with you?
13 Don't you understand? At that point, I felt like an
14 idiot.
15 Q Well, I'll just leave that lay. My next
16 question is this. You laid out your affidavit in
17 chronological order, right? You stated the events in
18 the order that they happened, correct?
19 A Yes.
20 Q Okay. And it is correct that in your
21 affidavit you stated that approximately 8:30 PM on
22 November 30 I walked into the restaurant and after a
23 few minutes recognized Henson, Jacobson and Heather
24 Bennet sitting at a table close to the door.
25 I'd seen Heather Bennet and Jeff Jacobson
. 220
1 previously and knew who they were and I had been given
2 a photograph of Keith Henson.
3 Then in the succeeding you stated a man with
4 a beard and bald head who looked about 5'7" and 220
5 pounds was sitting with them immediately jumped up
6 when he spotted me and said --
7 THE COURT: Slow down, please. The
8 court reporter need to keep up with the you.
9 She's doing it but, I don't know -- that
10 thing is a couple pages long.
11 BY MR. MERRETT:
12 Q Said that I cannot come within ten feet of
13 them?
14 A Right.
15 Q Okay. So what actually happened was you had
16 actually come into the dining room where we were
17 before anybody approached you; isn't that correct?
18 A Yes.
19 Q Okay.
20 A That's a public place.
21 Q Other than Mr. Jacobson, you had no
22 summonses to serve on anyone else, correct?
23 A That's correct.
24 Q And other than Mr. Jacobson, the only
25 document you had to serve on the others was a copy of
. 221
1 the injunction, correct?
2 A That's correct.
3 Q Were any of the people who you were supposed
4 to serve other that Mr. Jacobson named in the
5 injunction?
6 A No. I had a list of names who I was to be
7 giving these to.
8 Q So the people other than Mr. Jacobson which
9 is a separate case. It's a separate matter. There's
10 a reason for him having a summons and the other one is
11 not, other in a Mr. Jacobson, the other people that
12 you were there in the dining room standing at the
13 table trying to serve people, those people were not
14 named in the injunction, right?
15 A Just what I had on the list was who I was
16 supposed be giving those to.
17 Q That's what I'm trying to figure out. The
18 people you were supposed to serve were not people
19 whose names appeared in the injunction, right?
20 A I was supposed to serve people that I knew.
21 Q Okay.
22 A That's who I was supposed to be serving.
23 Q Okay. And who were they?
24 A Jeff Jacobson was the one that was the
25 summons and complaint.
. 222
1 Q Who else?
2 A Heather Bennett.
3 Q Okay.
4 A Keith Henson, because I had a photograph of
5 him.
6 Q Uh-huh.
7 A I think Mark Bunker.
8 Q Uh-huh.
9 A I didn't know the lady that was taking my
10 picture, I didn't know her name.
11 Q Were you supposed to serve her?
12 A I didn't know -- I didn't have her name. I
13 didn't know who she was.
14 Q Were your instructions to serve specified
15 people or just anybody that you saw?
16 A People that I knew.
17 Q Okay. I expect it wasn't just anybody you
18 know; people that you knew that what?
19 A People that I have been dealing with as far
20 as serving before.
21 Q Okay. Anybody that you ever served before?
22 A Connected with Lisa McPherson Trust.
23 Q Okay. All right. Any other names?
24 A I've served Jesse. I don't know if he was
25 there that night. I don't think so. He might have
. 223
1 been. I don't know. There was I think about ten
2 people there. I didn't get to see all the faces. I
3 didn't have time.
4 Q Now, in relation to the parties leaving the
5 Trust, when were you informed that Steak and Ale was
6 the place to serve them?
7 A By eight o'clock.
8 Q Okay. When was that in comparison to when
9 the party left the Trust? Was it before, after, same
10 time?
11 A It was probably when you were coming out the
12 door and you were getting ready to leave.
13 Q Uh-huh.
14 A I called and said I was unable to serve the
15 injunctions because I was not allow ten feet.
16 Q Right.
17 A So then I was told to go to Steak and Ale.
18 MR. MERRETT: Okay. I don't have
19 anything further, Judge.
20 THE COURT: Okay. Mr. Howie?
21 MR. HOWIE: I have nothing.
22 THE COURT: Thank you. Okay, Mr. Pope?
23 MR. POPE: I don't have anything
24 further, Your Honor.
25 THE COURT: All right. Can we excuse
. 224
1 the gentleman?
2 MR. POPE: You may.
3 THE COURT: Sir, thank you very much.
4 You are free to leave.
5 THE WITNESS: Thank.
6 THE COURT: We've been going
7 approximately an hour. We've been going 54
8 minutes. Let's take a quick ten minute break
9 and we'll come back and get going again.
10 (A short recess took place after which the
11 proceedings continued.)
12 THE COURT: Mr. Pope, call your next
13 witness.
14 MR. POPE: Steve Bellavigna.
15 Thereupon:
16 STEVE BELLAVIGNA
17 was called as a witness and having been duly sworn, was
18 examined and testified as follows:
19 DIRECT EXAMINATION
20 BY MR. POPE:
21 Q Tell us your name and address, please, sir?
22 A Steve Bellavigna. My address is 590 100th
23 Avenue North, St. Pete, Florida.
24 THE COURT: Can I get you to spell that
25 last name slowly?
. 225
1 THE WITNESS: B-E-L-L-A-V-I-G-N-A?
2 THE COURT: Thank you.
3 BY MR. POPE:
4 Q What is your occupation. Mr. Bellavigna?
5 A I'm a licensed private investigator for the
6 State of Florida.
7 Q All right, sir. I want to show you three
8 returns of service. These are actually already in the
9 court file and served. I need to show counsel because
10 I only have one copy.
11 MR. MERRETT: Thank you.
12 (Whereupon, documents were reviewed.)
13 MR. POPE: May I approach, Your Honor?
14 THE COURT: You may.
15 BY MR. POPE:
16 Q Let me show you these three return on
17 service.
18 (Whereupon, documents were reviewed.)
19 Are those your returns, Mr. Bellavigna?
20 A Yes, sir, they are.
21 Q And they reflect service by you of what?
22 A Injunction.
23 Q Injunction Number Two?
24 A Correct.
25 Q All right. What does the first one reflect
. 226
1 as to service?
2 A The first one reflect on Randy Enerson.
3 Q Okay. And when did you serve him with the
4 injunction?
5 A That was served on the December 1 of 2000.
6 Q Okay. At what time?
7 A At approximately 4:15 PM.
8 Q All right. Who is the next one?
9 A The next one reflects a Lerma Arnie,
10 A-R-N-I-E.
11 Q Arnie Lerma?
12 A Correct.
13 Q When was he served?
14 A That was served on December 1 of 2000 at
15 approximately 11:30 AM.
16 Q And that was Injunction Number Two?
17 A That's correct.
18 Q What is the last one?
19 A Anita Gogolla.
20 Q When was she served?
21 A December 1 of 2000 at 12:10 PM.
22 Q May I have those back, please, sir? Did you
23 in fact serve these injunctions as these return
24 reflect?
25 A Yes, I have.
. 227
1 MR. POPE: Your Honor, I offer these
2 returns in evidence. The originals are
3 already in the file.
4 THE COURT: You want these in evidence?
5 MR. POPE: Yes, sir.
6 THE COURT: Okay. Any objection?
7 MR. MERRETT: No, Your Honor.
8 THE COURT: I'll make these the
9 Petitioner's Exhibit Number One today.
10 Please proceed.
11 MR. POPE: I have no further questions
12 of this witness.
13 THE COURT: Okay. Just a second.
14 (Whereupon, a pause in the proceedings took
15 place.)
16 They're in evidence. Mr. Merrett?
17 MR. MERRETT: No questions, Your Honor.
18 THE COURT: Mr. Howie?
19 MR. HOWIE: Nothing.
20 THE COURT: Sir, thank you for coming
21 and testifying. You're free to leave. Thank
22 you.
23 MR. POPE: Next witness is Neil Arfman.
24
25
. 228
1 Thereupon:
2 NEIL ARFMAN
3 was called as a witness and having been duly sworn, was
4 examined and testified as follows:
5 DIRECT EXAMINATION
6 BY MR. POPE:
7 Q Tell us your name and address, please, sir?
8 A Neil Arfman, 2523 Hickory Court, Clearwater,
9 Florida.
10 Q What's your occupation?
11 A I am a licensed private investigator.
12 Q Okay. Mr. Arfman, I want to show you a
13 verified affidavit of service. May I, Your Honor?
14 THE COURT: Yes.
15 (Whereupon, documents were reviewed.)
16 BY MR. POPE:
17 Q Can you identify that?
18 A Yes. It the affidavit that I signed.
19 Q All right. What does it reflect? Who did
20 you serve?
21 A It was a Rob Keller.
22 Q When did it occur?
23 A It occurred on the second day of December,
24 year 2000.
25 Q At what time?
. 229
1 A Appears to be ten o'clock in the morning.
2 Q And what was it you served on him?
3 A I served the injunction.
4 Q Number Two?
5 A That's correct.
6 MR. POPE: All right. No further
7 questions.
8 THE COURT: Okay.
9 MR. MERRETT: I wonder if counsel wanted
10 to move it in?
11 MR. POPE: Yeah, I would offer it into
12 evidence. I forgot about that.
13 THE COURT: I was waiting to see what
14 happens. Any objection?
15 MR. MERRETT: No, sir.
16 THE COURT: Okay. It's in evidence.
17 Please proceed.
18 MR. POPE: No further questions.
19 THE COURT: Mr. Merrett.
20 CROSS-EXAMINATION
21 BY MR. MERRETT:
22 Q Briefly. Sir, you're not a sheriff or
23 deputy sheriff, are you?
24 A I'm a retired deputy. I'm not a deputy now.
25 Q Okay. So in other words I understand that
. 230
1 former status and active status but the status under
2 which you serve process is as a certified or special
3 process server?
4 A No, only civilly.
5 Q Okay. Without being certified --
6 A Not certified process server.
7 Q Special process server appointed by the you
8 sheriff?
9 A No.
10 MR. MERRETT: No further questions right
11 now.
12 THE COURT: Hold on. Just a minute.
13 MR. HOWIE: I have no further questions,
14 Your Honor.
15 THE COURT: Thank you.
16 REDIRECT EXAMINATION
17 BY MR. POPE:
18 Q You didn't serve a summons and complaint,
19 did you?
20 A No, I did not.
21 Q You served a copy of an injunction?
22 A That's correct.
23 MR. POPE: Thank you.
24 THE COURT: Anybody?
25 MR. MERRETT: No, sir.
. 231
1 THE COURT: Can we excuse me?
2 MR. POPE: As far as I'm concerned.
3 THE COURT: Sir, you're free to go.
4 Thank you for coming. Call your next
5 witness.
6 MR. POPE: Lindsey Colton.
7 Thereupon:
8 LINDSEY COLTON
9 was called as a witness and having been duly sworn, was
10 examined and testified as follows:
11 DIRECT EXAMINATION
12 BY MR. POPE:
13 Q Tell us your name and address, please?
14 A Lindsey Colton, 2194 State Road 580,
15 Dunedin, Florida 34698.
16 Q Your occupation?
17 A Private investigator.
18 MR. POPE: May I approach the witness,
19 Your Honor?
20 THE COURT: You may, sir.
21 BY MR. POPE:
22 Q Let me show you a verified affidavit of
23 service .
24 (Whereupon, documents were reviewed.)
25 Can you identify that?
. 232
1 A Yes, I can.
2 Q What is it?
3 A It's an affidavit I signed after serving the
4 Injunction Number Two on a Mr. Frank Oliver.
5 Q Did you actually make that service on him?
6 A Yes, I did.
7 Q What date and what time?
8 A On December 2 at 10:50 AM.
9 MR. POPE: I would offer this into
10 evidence, Your Honor. Any objection?
11 MR. MERRETT: No, Your Honor.
12 MR. HOWIE: None.
13 THE COURT: Okay. It will be received
14 as Petitioner's Number Three in evidence.
15 MR. POPE: I have no further questions.
16 THE COURT: Okay. Just a minute. All
17 right, it's in evidence. Proceed,
18 Mr. Merrett. Thank you.
19 CROSS-EXAMINATION
20 BY MR. MERRETT:
21 Q Ms. Colton, are you a certified process
22 server?
23 A Yes, I am.
24 Q By what judge?
25 A I'm sorry, I can't here.
. 233
1 Q By what judge?
2 A Chief Judge Alvarez's order.
3 Q Okay. Any other certifications?
4 A Yes, I'm a special process server in
5 Pinellas County by Everett Rice.
6 Q Do you have a professional connection with
7 Mr. Bellavigna?
8 A Yes, I do.
9 Q Is he a certified or special process server?
10 A You would have to ask him that. I'm not
11 sure which jurisdiction he's covered.
12 MR. MERRETT: I don't have anything
13 else.
14 MR. HOWIE: No questions, Your Honor?
15 THE COURT: Mr. Pope?
16 MR. POPE: Nothing further.
17 THE COURT: May she be excused?
18 MR. POPE: I'm going to use her later on
19 so she needs to stick around.
20 THE COURT: Okay. Ma'am, at this time
21 you may step down but Mr. Pope stated he
22 wants you to come back a little bit later, so
23 I can't excuse you. You will have to wait.
24 Thank you.
25 MR. MERRETT: I'm going to have to
. 234
1 interpose an objection at this point, bring
2 witnesses on piecemeal. I mean what he's
3 asking is simply not to be required to
4 examine the witness at this time. I mean
5 we're proceeding a pace on the case and I
6 think the witness gets to be called once and
7 then cross-examined.
8 MR. POPE: Your Honor, the next time I
9 call her I'm going to have her identify a
10 video and the video isn't set up yet and I
11 have a couple of other witnesses to do.
12 THE COURT: I'll allow you to do that at
13 this time. Let's move on.
14 MR. POPE: All right. Your Honor, with
15 regard on this next witness we will need to
16 set up the video playing procedure and I ask
17 the bailiff, if you can if that's the one
18 we're going to use --
19 THE COURT: Let's do this. Let's take a
20 recess so we all don't sit and watch the
21 bailiff or you people all set this up and
22 whatever it takes and once it's all ready and
23 everybody is ready to come back we'll do it,
24 okay. We're in recess right now.
25 (A short recess took place after which the
. 235
1 proceedings continued.)
2 THE COURT: All right. Mr. Pope, sir,
3 call your next witness.
4 MR. POPE: Ahmed Elkamel.
5 Thereupon:
6 AHMED ELKAMEL
7 was called as a witness and having been duly sworn, was
8 examined and testified as follows:
9 DIRECT EXAMINATION
10 THE COURT: When they ask you to
11 identify yourself, can I get you to spell
12 your name?
13 THE WITNESS: Yes, sir.
14 THE COURT: And if I can get you to do
15 it slowly. Go ahead.
16 BY MR. POPE:
17 Q Tell us your name, please, sir?
18 A Yes, my last name is Elkamel. My first name
19 is A-H-M-E-D.
20 Q Will you spell them?
21 Q My first name is A-H-M-E-D and my last name
22 is E-L-K-A-M-E-L.
23 THE COURT: Thank you, sir.
24 BY MR. POPE:
25 Q Mr. Elkamel, your address?
. 236
1 A 511 North Saturn Avenue, Clearwater.
2 Q Sir, what is your occupation?
3 A Security officer.
4 Q For whom?
5 A For Church of Scientology Flag Service
6 Organization.
7 Q Mr. Elkamel, I direct your attention to
8 December 7, 2000 and ask you if were on that date
9 monitoring one of the cameras that filmed what was
10 going on on the Ft. Harrison Bank of Clearwater
11 Building on the east side of Ft. Harrison.
12 A Okay.
13 Q Were you?
14 A Yes, I was.
15 Q You need to speak up.
16 A Yes, I was.
17 Q All right. What did you observe at that
18 time?
19 A I saw a lady that was carrying two signs.
20 MR. MERRETT: I'm going to object at
21 this point, competence. There has been no
22 establishment that the medium which he
23 purports to make his observations is one that
24 transmits images of actual events.
25 Apparently, although we haven't laid a
. 237
1 predicate, what he is doing is simply looking
2 at a television screen and he is not entitled
3 to report to us what he's seen through a
4 television screen without somebody
5 establishing what it is that comes up on that
6 screen.
7 BY MR. POPE:
8 Q Would you explain to us how your system
9 works Mr. Elkamel.
10 A Yes, sir. I have different cameras and
11 different locations to monitor what's happening around
12 our property and I view them. They come live. I see
13 the picture of what's happening there.
14 Q At the same time do these camera make a
15 video recording?
16 A I record those, yes, sir, right away.
17 Q And you view it live as it happens?
18 A That's right.
19 Q Now what did you see on that date?
20 MR. MERRETT: Judge, I have to reraise
21 the objection. The fact is he hasn't seen
22 anything live. He's seen television pictures
23 of something.
24 MR. POPE: Your Honor, that is --
25 MR. MERRETT: That is the bottom line.
. 238
1 The witnesses are people that see things. I
2 can tell you all about Who Wants To Be A
3 Millionaire last night but you know what? If
4 somebody shot Regis, I'm not going to be able
5 to testify to it.
6 MR. POPE: Your Honor, when a man is
7 operating a video camera and has his eye at
8 the eyepiece, he's seeing through a lens.
9 He's seeing -- it's the same principle. That
10 the man happened to be a block or two away
11 makes no difference whatever as to the
12 reliability of it.
13 THE COURT: Hold on just a minute.
14 Mr. Merrett, sir.
15 MR. MERRETT: Yes, sir.
16 THE COURT: Would you bring forward the
17 case you're relying on, please?
18 MR. MERRETT: Your Honor, it's no case.
19 It's the simple rule or competence. A
20 witness is capable of testifying only to what
21 he personally observed. What he personally
22 observed was not an event. What he
23 personally observed was a motion picture on
24 the television screen.
25 He had been on the street he might have
. 239
1 personally observed what happened there.
2 THE COURT: Okay. I understand your
3 argument. Overruled proceed.
4 BY MR. POPE:
5 Q All right. What did you see?
6 A Sir, I saw a lady walking by the Clearwater
7 Bank Building. She was carrying two signs and walking
8 southbound on the sidewalk on Ft. Harrison Avenue.
9 Q Did you recognize this person?
10 A Yes, sir.
11 Q Who is it?
12 A It was Tory Bezazian.
13 Q Was this right next to the Bank of
14 Clearwater Building on the sidewalk?
15 A That's correct.
16 Q Have you seen the video that your equipment
17 made of this event?
18 A Yes, sir.
19 Q Is it a true and accurate representation of
20 what you observed?
21 A Yes, sir.
22 MR. POPE: All right. Your Honor, I'll
23 offer it. We would like to play it for the
24 court. It's just a minute or so long.
25 THE COURT: Yes?
. 240
1 MR. MERRETT: Your Honor, at this time
2 whatever the object is that counsel intends
3 to present to the court has not been
4 authenticated as anything. At this point the
5 witness has testified that there is somewhere
6 a videotape of what he watched on TV which
7 the court is apparently inclined to accept,
8 but at this point we don't know -- there is
9 no authentication of the object which is to
10 be tendered and we've seen enough videotapes
11 in this courtroom for that to be a necessary
12 step.
13 MR. POPE: Pardon me, Your Honor, for
14 trying to speed this up.
15 THE COURT: Mr. Pope, I appreciate your
16 interest in time, but as I stated earlier
17 when this was scheduled, this is very
18 important matter that involves many people in
19 the community and as we have seen earlier in
20 some of these other hearings, vast numbers.
21 I believe at one time I counted 11 patrol
22 cars from the City of Clearwater involved in
23 one of these instances between the parties
24 and I'd like it that we not cut corners.
25 MR. POPE: All right.
. 241
1 THE COURT: Dot all I's cross all T's
2 and proceed appropriately and that applies to
3 both sides, everyone.
4 MR. POPE: May I approach the witness?
5 THE COURT: Yes, sir.
6 BY MR. POPE:
7 Q Is that the video that you have previously
8 seen that reflects the incident you just testified to.
9 A I'm actually not sure. It's the label that
10 throws me off here.
11 Q If you see it can you identify it?
12 A I'd have to see it, yes, sir.
13 MR. POPE: All right, Your Honor, may I
14 have the witness identify it from sight since
15 he seems to be confused and I'm pretty sure
16 he can identify it if he sees the first frame
17 or two of it.
18 (Whereupon, a pause in the proceedings took
19 place.)
20 THE COURT: In case there's a problem
21 here, this is a bench trial. I'm going to
22 step out for a minute.
23 MR. POPE: All right.
24 THE COURT: Have you seen it? You don't
25 even know what he's purporting to show?
. 242
1 MR. MERRETT: I do no which videotape.
2 THE COURT: Here's what I'm going to do.
3 Just so there is not a problem, I'm going to
4 step out and then if there is a problem, as
5 officers of the court I know you will tell me
6 and so we won't try to spin wheels that don't
7 to be spun.
8 (Thereupon, a short recess was taken, after
9 which the proceedings continued.)
10 THE COURT: Mr. Pope, can we proceed?
11 BY MR. POPE:
12 Q Mr. Elkamel, is the tape that you just
13 looked at a true and accurate representation of what
14 you saw on December 7, 2000?
15 A Yes, sir.
16 MR. POPE: All right. I'd ask the offer
17 that into evidence and ask to offer to
18 publish it to the court, Your Honor.
19 THE COURT: Any objection, except for
20 the prior objections so noted for the record
21 reserved.
22 MR. MERRETT: Other than that,
23 relevance, Your Honor.
24 THE COURT: Okay. I understand.
25 Overruled. We'll proceed and let the record
. 243
1 reflect you prior objections are reserved.
2 MR. MERRETT: Yes, sir.
3 THE COURT: Mr. Howie.
4 MR. HOWIE: I would just join in that
5 objection.
6 THE COURT: Let the record so reflect.
7 MR. MERRETT: Your Honor, may the
8 parties position themselves so they can view
9 the tape?
10 THE COURT: Yeah. Wait a minute. Time
11 out. Let's do this. I have a better idea.
12 Mr. Elkamel, you and I are going to step down
13 and I'm going to ask them to spin that around
14 and we'll go over there and stand and take a
15 look, okay, and see what's up.
16 (Whereupon, videotape was played for the
17 court.)
18 MR. POPE: That's it, Your Honor. I
19 have no further questions of this witness.
20 THE COURT: Mr. Merrett, give him a
21 chance to come and be seated and we'll give
22 you a chance for cross-examination.
23 MR. MERRETT: Yes, sir.
24 MR. POPE: Your Honor, did you receive
25 that into evidence yet?
. 244
1 THE COURT: No, I haven't marked it. I
2 said I would receive with him reserving all
3 his objections and everything for the record,
4 but I didn't want to make you yank it out and
5 then put it back and all, so if you would
6 please, once we're through using in the
7 machine, then hand it to me so I'll affix the
8 sticker to it.
9 CROSS-EXAMINATION
10 BY MR. MERRETT:
11 Q Mr. Elkamel, can you see this whole TV
12 screen here?
13 A Yes.
14 Q Okay. What I want to ask you first is where
15 is it that you sit to monitor these cameras? Where is
16 your office located.
17 A I'm located in the Ft. Harrison Building.
18 Q The hotel?
19 A That's correct.
20 Q And how many camera feeds do you receive
21 there?
22 A Excuse me?
23 Q How many camera feeds do you receive there?
24 How many cameras are you able to monitor from that
25 location?
. 245
1 A Over a hundred.
2 Q How many of those are focused on areas that
3 inside the limits of property which is owned or leased
4 by Scientology?
5 A All of them.
6 Q Well, I'm assuming that you don't think
7 Scientology owns the sidewalk on Ft. Harrison Avenue,
8 right?
9 A The whole sidewalk, no, we don't own the
10 sidewalk.
11 Q Okay. What I'm askers you is of those
12 hundred or more cameras, how many of them are on the
13 inside looking on the inside of Scientology property?
14 A I'm not sure exactly.
15 Q And where you sit and receive feeds not only
16 from downtown Clearwater but also from cameras out at
17 Hacienda Gardens; is that correct?
18 A No, it is not correct.
19 Q Okay. So this hundred or more cameras is
20 all in the downtown Clearwater area, correct?
21 A Partially correct. Different buildings and
22 different locations.
23 Q Well, where are they other than in downtown
24 Clearwater?
25 A There's some warehouses way, several blocks
. 246
1 away, all over, all over the place.
2 Q Now, how many people work with you in that
3 area monitoring these cameras?
4 A One other person.
5 Q Who is that?
6 A His name is Danar Hoverson.
7 Q Can you spell that first name?
8 A D-A-N-A-R.
9 Q And his last name?
10 A Hoverson, H-O-V-E-R-S-O-N.
11 Q Now the feed that you receive from these
12 cameras, does that come via a hard wire or via some
13 sort of radio wave transmission?
14 A Both, I believe.
15 Q Some cameras are one and some are the other?
16 A Yes.
17 Q Okay. And obviously we can see from the
18 video that you or somebody has the ability to
19 manipulate the camera, right?
20 A This one, yes.
21 Q Okay. How many of that hundred or more
22 cameras that Scientology has looking around downtown
23 are not able to be remotely controlled?
24 A I'm not sure, exactly.
25 Q Most of them can be remotely controlled,
. 247
1 right?
2 A No. Most of them don't move. Most them are
3 a fixed camera.
4 Q Okay. Do the two little cameras in the
5 junction box on Waterson Avenue, are they monitored
6 from the place where you are?
7 A Which one is that?
8 Q On the north end of the bank building, the
9 two little cameras in the junction box that are
10 pointed north on Waterson?
11 A Yeah.
12 Q Okay. Are there any other monitoring
13 stations for any of the cameras in downtown Clearwater
14 other than the monitoring station that you occupy?
15 A No.
16 Q Okay. Now, if you will, let's take a look
17 at the exhibit which you just authenticated. First of
18 all, I want to ask you again --
19 THE COURT: Hold on. Time out. Stop
20 it. We'll step down and have you sit on the
21 front row there closest to the gate. We'll
22 call that a witness box. I will sit over
23 here in the chair by the bailiff, well,
24 somewhere where I can see and ask you to turn
25 it around so everybody here can see, these
. 248
1 other parties. Everybody here has the right
2 to see this. So let's do this. You and I
3 will step down again, okay?
4 THE WITNESS: Yes, sir.
5 (Whereupon, a pause in the proceedings took
6 place.)
7 MR. MERRETT: May I proceed, Your Honor?
8 THE COURT: Yes, sir.
9 BY MR. MERRETT:
10 Q All right, sir, I'm going to start the
11 video. Now first off let me ask you where is the
12 camera that took this picture?
13 A This is the Westcoast building so that's the
14 corner of Ft. Harrison and Drew Street.
15 Q Ft. Harrison and Drew, and this I think we
16 see is a remote control camera?
17 A That's correct.
18 THE COURT: Excuse me. The cameras that
19 was taking this is on the Westcoast Building?
20 THE WITNESS: Yes, sir.
21 THE COURT: Okay.
22 BY MR. MERRETT:
23 Q Now, are you the person who was responsible
24 for maneuvering the camera at this time?
25 A Yes, sir.
. 249
1 Q Okay. Now, let me ask you this. The time
2 stamp here is 135107, right?
3 THE COURT: Where do you see that?
4 MR. MERRETT: Top of the screen, Judge.
5 THE COURT: I see. Okay.
6 BY MR. MERRETT:
7 Q The film taken from the Westcoast Building
8 actually continues in time beyond the point at which
9 it stops and switches to another camera, right?
10 A Okay.
11 Q You have additional footage taken from the
12 camera at the Westcoast Building beyond what you've
13 just shown us, correct?
14 A That's correct.
15 Q Okay. And then this camera here is located
16 on the corner of the Coachman building; is that right?
17 A Correct.
18 Q Okay. And this is also a camera we can see
19 you're tracking here, this is another one that you can
20 manipulate, right?
21 A Correct.
22 Q And you're the individual who is
23 manipulating that camera?
24 A That's right.
25 Q Okay. Now, can you tell the court, please,
. 250
1 who it is that physically spliced these tapes and put
2 them together?
3 A Who put them together? I do that.
4 Q Okay. So you have the raw complete tapes
5 and you turn them into this composite tape; is that
6 right?
7 A This one?
8 Q Well, I'm sure that there's a copy of --
9 A Yeah, I'm not sure about that one exactly.
10 Q But in terms of the instrument of this set
11 of the picture, you're the one who put it together,
12 right?
13 A That's right.
14 Q Okay. Now, I want to ask you about the
15 way -- the appearance of these pictures? Why are
16 these pictures jerky like this?
17 A I'm not sure, sir.
18 Q And all that you're able to tell us today if
19 I understand correctly is that what we're seeing on
20 this tape is what you saw on one of the monitors in
21 camera, right?
22 A That's correct.
23 Q Now, let me ask you what it is that the
24 caused you to turn your attention and your cameras to
25 Ms. Bezazian?
. 251
1 A Ms. Bezazian was in front of the Clearwater
2 Bank Building with signs.
3 Q Uh-huh. Did you know who she was?
4 A Yes.
5 Q How did you know who she was?
6 A Because I know who she is?
7 Q Is that because you dated her or what?
8 A No, because I seen her before an I heard her
9 name.
10 Q Okay. Where had you seen her before?
11 A Um, the Sand Castle.
12 Q Who told you her name?
13 A I believe she told me.
14 Q You had photographs of her delivered to you,
15 right, or shown to you?
16 A No.
17 Q No. So the way that you know her name is
18 what you're telling us is she introduced herself to
19 you at the Sand Castle?
20 A Yeah.
21 Q Was this while she was taking courses at the
22 Sand Castle?
23 A I believe so. I don't know exactly.
24 Q How long ago was that?
25 A Um, I'm not sure; 1993 or something like
. 252
1 that.
2 Q The last question I have for you is you told
3 us how you decided to point your camera on
4 Ms. Bezazian. How did you decide where to begin and
5 end the videotape?
6 A Not videotape. I video all my cameras.
7 Q Uh-huh. How did you decide how you were
8 going to put this particular collection together?
9 A Um, just the part that she violates the
10 injunction.
11 Q And she is violating the injunction how,
12 according to you?
13 A She is demonstrating in front of the
14 Clearwater Bank Building.
15 Q Uh-huh.
16 A And per the injunction she is not supposed
17 to.
18 Q If you would please, take at look at Your
19 Honor, if you would and tell him how many of these
20 other people who are seated in this room who you have
21 videotaped?
22 A I'm sorry?
23 Q How many of the other people seated in this
24 room have you videotaped in connection with your work
25 at Scientology?
. 253
1 THE COURT: If you want to stand up and
2 turn around so you can view all the people
3 over there and take a moment and do that.
4 MR. POPE: While he's doing that, Your
5 Honor, I have allow him pretty wide latitude
6 beyond the scope of my direct. This has
7 nothing to do with my direct examination
8 about who else he may have videotaped. This
9 is totally out of the scope of direct.
10 THE COURT: Mr. Merrett?
11 MR. MERRETT: Your Honor, in my
12 experience latitude comes from the court.
13 THE COURT: I'm sorry?
14 MR. MERRETT: In my experience, Latitude
15 comes from the court and is commended to the
16 sound instruction of the court. I think this
17 is an appropriate question. He's testified
18 regarding his activities as a monitor of
19 Scientology's video surveillance network and
20 that why I'm attempting to cross.
21 THE COURT: All right. I understand
22 first the law on discretion. Two, I
23 understand Mr. Pope's objection. But, three
24 I'm overruling it because he has testified
25 that he monitors all these cameras and are
. 254
1 everything else and sees people on this
2 videotape a lot. I'm allowing it. Go ahead.
3 you may move about.
4 THE WITNESS: What's the question again?
5 BY MR. MERRETT:
6 Q The question is that --
7 THE COURT: Speak up please. Remember,
8 you have your back to the court reporter.
9 BY MR. MERRETT:
10 Q How many of the people here wearing the
11 white roses have you videotaped; all of them at one
12 time or another, haven't you?
13 A I'd say most of them. I recognize a couple.
14 MR. MERRETT: Okay. I don't have
15 anything further, Your Honor.
16 THE COURT: Mr. Howie.
17 MR. HOWIE: May it please the court?
18 THE COURT: Yes, sir.
19 CROSS-EXAMINATION
20 BY MR. HOWIE:
21 Q Mr. Elkamel, Mr. Merrett asked you why these
22 videos were so jerky. Isn't it a fact that when these
23 are initially recorded off the camera they are
24 recorded digitally; isn't that correct?
25 A No, it's not, sir.
. 255
1 Q It your testimony that they're recorded
2 directly on videotape?
3 A Yes, sir.
4 Q And then you copy from one video tape to
5 another?
6 A That's correct.
7 Q And they come out jerky like this?
8 A I don't know which copy the come from.
9 Q Is it your testimony that these images are
10 only placed on conventional videotape and through no
11 other medium?
12 A That is correct. Through a camera lens,
13 through a monitor and the recording.
14 Q And that recording device is a VHS tape?
15 A I'm not sure about that actually.
16 Q Okay. So, you're not sure that it's
17 recorded on --
18 A It's recorded on regular tapes.
19 Q Do you have the capacity to record these
20 video images digitally?
21 A No, I don't do any digital recordings.
22 THE COURT: Let's do this. Let's go
23 back to the front.
24 MR. HOWIE: Your Honor, that concludes
25 my questions.
. 256
1 THE COURT: Mr. Howie, I thought I heard
2 you but I'm not sure. Did you have more
3 questions?
4 MR. HOWIE: That concludes my questions,
5 Your Honor.
6 THE COURT: Of this witness.
7 MR. HOWIE: Yes.
8 THE COURT: Okay. Yes. Mr. Pope.
9 REDIRECT EXAMINATION
10 BY MR. POPE:
11 Q Just one. Mr. Elkamel, do you know whether
12 the remote video camera in question does it's
13 photography on a time lapse basis; does that mean
14 anything to you?
15 A Yes. It does. No, these or like realtime.
16 The4y can be played on a real VCR.
17 Q Was this time lapses on this particular
18 camera?
19 A No.
20 MR. MERRETT: Objection, asked and
21 answered.
22 MR. POPE: Excuse me, I didn't
23 understand his answer.
24 MR. MERRETT: If I may, Your Honor, the
25 question was was this recording done
257
1 digitally and the answer was no. I don't
2 think that's subject to misinterpretation.
3 MR. POPE: Your Honor, I'm not asking
4 about the digital. I said time lapse, time
5 lapse photography is --
6 THE COURT: Overruled. Proceed.
7 BY MR. POPE:
8 Q Now, did you understand my question
9 about -- my question is was this camera a type lapse
10 camera?
11 A No, it's not, sir.
12 Q Okay.
13 A It's realtime.
14 Q Thank you.
15 MR. MERRETT: Nothing further, Your
16 Honor.
17 MR. HOWIE: Nothing further.
18 THE COURT: Okay. All right. Sir. You
19 May step down. And have a seat back out
20 there. Let me have that please. Thank you
21 very much, Mr. Bailiff. Let me get this in
22 evidence. Bear with me please.
23 (Plaintiff's Exhibit Four was admitted into
24 evidence.)
25 All right, it's in evidence. The case
258
1 number is on there, Plaintiff's Exhibit
2 Number Four, today's date and my initials.
3 Ladies and gentlemen, by the courtroom
4 clock it is ten of five, 1650 hours. We
5 have been going since nine o'clock this
6 morning. This is an appropriate break time.
7 We will adjourn for today.
8 We will pick it back up tomorrow. The
9 court is not unmindful that we've got two
10 things going on here. One, we're faced with
11 urgency on this particular court proceeding
12 and attempt to get these matters resolved
13 and trying to them see if some peace and
14 harmony can come in the Clearwater area.
15 I am also aware that one of parties here
16 is a church. So rather than start at nine
17 o'clock tomorrow morning, we'll pick this up
18 at 12:30 and we will go until 6:30 tomorrow
19 night. I'll see you all at 12:30. Thank
20 you very much.
21 (Thereupon, the trial was adjourned to
22 reconvene at 12:30 P.M. on February 11, 2001.)
23 End of Volume II
24
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